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HomeMy WebLinkAbout70 0518 minMINUTES CITY COUNCIL MEETING May 18, 1970 The Plainview City Council met in regular session in the Council Chambers of the City Hall at 7:30 P.M. with Mayor Pro-Tem Keltz Garrison presiding and the following Aldermen present: Medlin Carpenter, Bill Eaves, and John Speck. Also present were: Marshall Pharr-City Manager, Joe Sharp-City Attorney, M. L. Rea-Director of Municipal Services, Bill Hogge-Director of Public Works, Visitors present included: Jack Ford representing the American National Red Cross, Ed Eitelman and Weldon McCullough representing the Plains Art Association, and Mike Wail of th~ Pla!nview Dail~ Herald. Invocation was given by Keltz Garrison. Mr. Jack Ford presented a certificate from the American National Red Cross to the City of Piainview, Ail Departments, in appreciation of services rendered for relief of disaster victims in Plainview and Hale County following the tornado that occurred on April 17, 1970. it was moved by Alderman Carpenter, seconded by Alderman Eaves, to accept the t'ow bid of Christler Flying Service of Thermopoiis, Wyoming, in the amount of 15¢ per acre for the 1970 Aerial Mosquito Spray Contract, subject to their qualification of insurance. Motion carried unanimously. It was moved by Alderman Speck, seconded by Alderman Carpenter, to approv~ the minutes of the last meeting. Motion carried unanimously. Mayor Pro-Tem Garrison authorized the City Manager to schedule a meeting batwAen the City Officials, County officials, and the Airport Board for a discussion on the Hale County Airport Entrance Road. The letter to the Church Women United was read and approved for mailing. It was moved by Alderman E~ves, seconded by ~derman Carpenter, to authorize the release of the Annual~ Report. Motion c~rried unanimously. It was moved by Alderman Eaves, seconded by Alderman Carpenter, to adopt a Resolution granting Jerry Caylor of Cay!or Auto Parts permission to erect a portion of a building over five (5) feet.of land upon which the City of Plainview has a Sanitary Sewer Easement, and upon which easement there is a sanitary sewer line~ accepting an additional five (5) feet easement on the south side; and. p,roviding a hold harmless agreement. Motion carried unanimously. ~'Operation Sparkle~ was discussed, and the discussion of the junked car ordinance enforcement was deferred to a later date. It was moved by Alderman Carpenter, seconded by Alderman Speck, to make application on the Running Water Draw Park land for an extension of the May 25 deadline of 90 days. Motion carried unanimously. It was moved by Alderman Carpenter~ seconded by Alderman Eaves~ to authorize [he recommendations of the Plainview i~surance Board, subject to the recommended corrections~ and to appoint John Logsdon as Servicing Agent for the next three (3) years. Motion carried unanimously. MINUTES CITY COUNCIL MEETING May 18, 1970 It was movee oy Alderman Speck, seconded by Alderman Carpenter~ to appoint -',:: Cook, Jack Oswald, and Bob Voeiker to the Tax Equalization Board for 1970, and to appoint Wilson Daffern as a!ternate~ Motion carried unanimously. it was moved by Alderman Carpenter, seconded by Alderman Speck, to accept the ~ettiement of insurance claims from d~age caused from the recent tornado disaster~ subjac~ no the City Attorney's interpretation of the insurance policy on the Chamber of Co~pgerce Building. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Eaves, to appoint John Kerr as architect to supervise the reconstruction of the Chamber of Commerce 'P~i!ding~ arzd to authorize advertising for bids for the reconstruction of same building. Motion carried unanimously. it was moved by Aldezqnan Eaves~ seconded by Alderman Carpenter, to authorize reconstruction of the A-Frame building in the 7th Street park and to advertise for bids if needed. Motion carried unanimously. it was moved by Alderman Carpenter, seconded by Alderman Speck, to authorize agvertlsing for bids for the ultra-low vo!~ume insecticide for use in the 1970 .~eria2 Spray Program~ Motion carried unanimously. Mayor Pro-Tem ~a~rz~on announced the appointment of Robert Barnett to fill nh~a position of Director of Parks and Recreation. It was moved by ALderman Speck, seconded by A~lderman Eaves, to approve the construction of 7.M. Road 3i83 to be from U.S. Hwy.'.87 east ~o F.M. Road 400. ~otion carried unanimously. in was moved by Alderman Carpenter, seconded by Alderman Eaves, to adopt the a~,.~owmng Appropriation Ordinances: ±~ppyopriation Ordinance No. UR 198-70 <from the Sewer Utility Revenue Bonds of i966~ Acct. 426~ in the amount of $899.75~ payable to Can-Tex Industries for 820 feet of No. i Plain 8" Vitrified Clay Sewer Pipe and 720 feet of No. 1 Plain 6" Vitrified Clay Sewer Pipe. Appropriation Ordinance No. 70-1088 from the General Fund, Acct. 418, in the amount of $I~01i.16~ payable to Acct. No. 660-521, for overtime paid May 15, ,. 1970~ following the tornado on April 17, 1970, as divided, into the Police, Streau~ Sanitation~ and Water Distribution Departments. Mst<on carried unanimously. The City-County Health Unit Reports for the months of March and April, 1970, were readana~ discussed. The proposed budget of the City-County Health Unit was read and discussed. ~ -_ The Financial~tatement of the Board of City Development was read and discussed. it was move~ by Alderman Eaves, Jeconded by Alderman Carpenter, to appoint Mrs. Harold Neis to the Plainview-Haie County Health Board. Motion carried unaninousty. RESOLUT20 RESOLVED BY the City Council of the City of Piainview, Texas, Ti~.T ~a-:~g-nali A. Pharr, City Manager~ be and he is hereby authorized to _aauue in bahahf of the City of Piainview~ Texas, a public entity established ander the la~,gs of the State of Texas, this application and to file it in the appropriate State office for the p6rpose of obtaining certain Federal financial assisnance under the Federal Disaster Act (Public Law 875, 81st Congress; 42 U.S.~C. 2.$55-1855g)~ .... approvee this 18th day of ~ay, 1970. a!da~anan Neai Wi±liams Jo n S eck i~ M. L. Rea~ duly appointed City Secretary of the City of Plainview~ Texas~ do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of the City of Plainview, Texas, on the t8th day of May, 1970. May__~18~ 1970 M. L. Rea~ City Secretary STATE OF TEXAS COUNTY OF t{:~ LE CITY OF FLAINVIEW ~E~AS at a regular meeting o~ the City Council of the City of Plainview, a quorum Being present, the following r~olution was duced and adopted by unanimous vote; ~- A ~SOLUTiON BE iT RESOLED that the agreement amd written contra~t wk=reb~ the~CITY OF PLAINVIEW grants to JE~Y CAYLOR, et al, permission to erect a ,~ortion of a building over five (5) feet of land upon which the C~%Y OF PLAI~IEW has a Sanitary Se~e~~ Easement, and upon which eagcment there is a sanitary sewer line; and fn Which instrument the said JE~Y CAYLOR and wife as owners, and ROY ~ED and wife in their capacit~ as lienholders agree to hold the city harmless from any and all damages which might be occasioned to the o~ners and all lienholders of saiJ property by reason of the existence, ~aintenance or repair of said sewer line and granting to the city an additional easement on the south side thereof; be entered in~c b7 the City of Plainview and that the Mayor of said city is hereby authorized on behalf of said CITY OF PLAii~VIEW to execute said instrume~,t on behalf of the City of Plainv~ew. PASSED AND ADOP~D ~is the~th day of May, 1970. c~ OF~~W -. ~/Mayo~pCg. tern -Ci~ ATTEST.-' STATE.~, OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day persona!l~ appeared E~I~Tz~R?SO~' know~ ~ me to be the person ~'~nd officer whos~ name ;~ sub~cr~bed ~o the forcgai~g ~ ~ ......... -' ..ns .......... and ackpo~,ed ~ ~ tl,aL ~e e.~:acu~ed the same for the purposes and consideration therein ~.~pressed, in the capacities therein stated, and as the act and deed of said CITY OF PLAINVIEW. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This '4th day of May, 1970. Notary Public~ Hal~s THE STATEOF TEXAS : COUNTY .'OF HALE : This AGREF~MENT OF' LEASE, made and entered into this, the 17th ....... day May, A.D. I971, by and between tJ_ALE COB2{TY AGRICULTURAL HOUSING ASSOCIATION, a Corporation, acting, by and through its President hereunto duly authorized, a T~eS a~d hereinafter referredto s sor , and the 'CITY OF PLAiNV!E~, a ~£u. nicipal Corporation, actingby an~d through its Mayor hereunto duly authorized, and here- inafter, referred to' as'"L.essee", WITNE S S E TH: The'Lessor does, by these presents, lease and demise unto the Lessee, the following described property, to-wit: Lying and being situated in the City of Plainview and County of Hale, state of Texas, and being: Atract of land out of the John Kiser Homestead Survey, more recently known as the "New Home. Additi0n,', Hale County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at a point 50.0 feet East and 50'.0 feet South of the ~SoUtheast corner of Lot 23, Block I, Carver Heights Addition to the City of Plainview, Hale County, Texas; THENCE North 89 degrees 50 minutes East 370 feet along the South R~O-W line of Givens Street extended to a point; THENCE South 0 degrees 32 minutes East %00 feet West of existing building, to a point; THENCE West 0 Degrees 10 minutes North 370 feet to a point; THENCE North 700 feet to the PLACE OF BEGinnING, and containing 5.9 acres, more or less; for ~ term of five years, beginning on the I7th day of May, A. D. 1971, and ending on the I6th day of May, A.D. 1976, fOr the purpose of maintaining said property as a City Park for the use and benefit of the general pub!icl 2. The consideration for this Lease insofar as Lessor is concerned is the material benefits which Lessor wilI receive by virtue of Lessee's maintaining, supervising and managing said~Park for the use and benefit of the general public, in view of the fact that~'a~jacent to this property, the Lessor owns and manages a housing ~rojec~ and the~maintenance of said ~Park for the'use of ,the general public will materially aid the Lessor in conducting said housing project. The Lessor will develop said tract of land for Park purposes', by the installment and completion of the following facilities: BASICFACILITIES: 1. Irrigation system - underground quickcoupling impulse sprinkler system; 2. Turf area. bed preparation, fertilizer and seeding 28,100 sq. yds.; RECRE.ATION FACILITIES: 1. Multi,purpose court, 45' x 75'; 2. Little League'Basebatl Park, 140 feet of 6' chain link fence; 40 feet of 10' chain link fence; 3. Babe Ruth Baseball Park, 100 feet of 6'~ chain link fence; 70 feet'of 10' chain link fence; Ail of which facilities shall be completed at Lessor's expense and this lease shall not be in force and in effect until said facilities are complete. 4. The Lessee will take charge of the said tract of land, together with the facilities hereinabove referred to upon completion of facility installation. The Lessee will thereafter, during the full term of this Lease Agreement, maintai~ said facilities, keep the same in repair, operate the said tract of land and the facilities at its own expense for park and recreational purposes available for the use-of the general public. 5. During the term of thi~ Lease Agreement, Lessee shall not only have the right but the responsibility of supervising, repairing, maintaining and controlling the said tract of land and facilities above described for park and recreational purposes and will return the same to theLessor uPon the termination of this Agreement'in good repair, reasonable wear~and tear.only excepted. The Lessee will mainta±n the grass to be planted by the Lessor amd keep the Same Watered seasonable times, b~ the Lessor umderstands and agrees that ther~ is a certain amount~0f natUral deterioration, wear and depreciation to' the facilities and that the Lessee ~ill notbe responsible for maintaining the facilities in-the same condition as when received~ nor will it be resp0nsible~for natural and usual deteriotion wear and'depreciat£on because~of use, age or natural causes. This~Lease Agreement is for a five-year period, but the Lessee shall have the option of extending this Agreement, subject to the same terms,~ conditions and provisions as herein provided, for an addi- tional five-year term, beginning With May 17th, A. D. 1976, and terminating five years thereafter, with the date of May . 16th A.D. 1981. If the Lessee desires to exercise this option, it will notify Lessor sixty days prior to the t~rmin~tion date, which option may be exercised by a motion made and passed by the-~City CoUncil of the City of Plainview, and the notification of,the.passage of the' said motion being given ~o the LeSsor. EXECUTED by the CITY OF PLAINVIEW,.acting by an.d through its Mayor, andHALE COUNTY AGRICULTURAL HOUSING ASSOCIATION, acting by and throUgh its President, this, the 17th day of May, 1971 CITY CLERK CITY OF~W MAYOR ttALE COUNTY AGRICULTURAL HOUSING ASSOCIATION P~SIDEN'~ ~ ' MiSq3TES CITY COUNCIL MEETING May 18, 1970 it was moved by Alderman Eaves, seconded by Alderman Speck, to adopt Ordinance No~ 7__0-.I089, an Ordinance prohibiting parking on either side of W. 5th Street from Co!u~bia Street west to the city limits. Motion carried unanimously. a Resolution authorizing the City Manager to execute in behalf 6f the City of- Plainview, Texas, a public entity established under the laws of the State of Texas, this application and to fil it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 875, 8!st Congress; 42 U.S.C. 1855-1855g). Motion carried unanimously. It was moved by Alderman Speck, seconded by Alderman Carpenter, to approve the request of Cecil Richardson of Richardson Wrecker Service that his name be removed from the list of wrecker service for the City of Plainview. Motion carried unanimously. A list of revenues and bills for the month of April were read and discussed' It was moved by Alderman Eaves, seconded by Alderman Carpenter, to approve the reports for filing, the list of revenues for filing, the bills for payment, and that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 10:15 P.M. ~ N. Thomas, Mayor