HomeMy WebLinkAbout70 0720 minMINUTES CITY COUNCIL MEETING
July 20, 1970
The Mayor and City Council of the City of Plainview met in regular session
at 7:30 P.M. in the Council Chambers of the City Hall with Mayor Louis N. Thomas
presiding and the following Aldermen present: Keltz Garrison, Medlin Carpenter,
Neal Williams, and Bill EaVes.
Also present were: Marshall Pharr-City Manager, Joe sharp-city Attorney,
M. L. Rea-Director of Municipal Services, Bill Hogge-Director of Public Works,
Hoyt Curry-Director.of Public Safety, Harold Gladman-Director of Planning, and
Robert Barnett-Director of Parks and Recreation. Visitors present included
Bob G!aser and Bob Burton representing the Downtown Merchants and' Ken Baker
of Flexible Pipe Tool Company.
Invocation was given by .Alderman Garrison. ~-
Mr. Bob Glaser spoke for the Downtown Merchants requesting markers on the
Business Route denoting the Business District of Plainview. Discussion was
held.
Bids for the purchase of one (1)'power sewer rodding machine were opened
and read aloud. Awarding of the bid was deferred until the bids could each be
evaluated,
A bid tabulation sheet on the Hale County Airport Entrance Road construction
was received for filing.
It was moved by Alderman Garrison, seconded bM. Alderman Eaves, to approve
the~ minutes of the last meeting. Motion.carried unanimously.
It was moved by Alderman Carp'enter, seconded by Alderman Williams, to
accept and forward the Audit Report on the City of Plainview Water Facility
Improvement Contract WS-5-44-002~ to the Departmen~of Housing and Urban Develop-
ment~ Motion carried unanimously. <
It was moved ~y Alderman Eaves, seconded by Alderman Carpenter, to adopt
the Resolution approving and adopting a program for community improvement
(Workable Program) for the City of Plainview. M6tion carried unanimously.
Discussion on the next aerial spraying was held. It was decided that due
to the low number of mosquito count the spray would be postponed for one week.
The proposed spray date was set at July 29, 1970.
It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt
Appropriation Ordinance No. 70-1099 from the General Fund, in the amount of
$300.00, payable tO Hale County Airport Maintenance Fund for construcf~on of a
gas line for service of irrigation wells on the airport property. Motion carried
unanimously.
It was moved by Alderman Eaves, seconded by Alderman Carpenter, to adopt
-Appropriation Ordinance No. 70-1100 from the General Fund, Acct. 418, in the
amount of $225.33, payable to Acct. No. 660-521, to be.paid to John C. Kerr for
architectural services rendered on the Chamber of Commerce Building, Statement
No. 2. Motion carried unanimously. ~
MINUTES CITY COUNCIL MEETING
July 20, 1970
it was moved by Alderman Williams, seconded by Alderman Garrison, to adopt
Appropriation Ordinance No. 70-1101 from the General Fund, Acct. 418, in the
amount of $5:148.90, payable to Acct. No. 660-521, to be paid to Lon Cartwright
for Certificate No. 1, for construction completed to date on the Chamber of
Co~a~ce ~uilding~ Motion carried unanimously.
It was moved by Alderman Garrison, seconded by Alderman Carpenter, to
adopt the policy of the Plainview Civil Defense and Disaster Relief Committee
concerning the outdoor warning system. Motion carried unanimously.
Discussion of the proposed Interest & Sinking Fund portion of the 1970-71
Annual Budget was deferred until the next regular meeting of the City Council.
The list of bills and revenues was discussed. It was moved by Alderman
Williams, seconded by Alderman Garrison, to approve the payment of the bills
and to approve the revenue report for filing. Motion carried unanimously.
It was moved by Alderman Carpenter, seconded by Alderman Williams, to
adopt a Resolution authorizing the completion of the application for a credit
card in the name of the City of Plainview. Motion carried unanimously.
it was moved by Alderman Carpenter, seconded by Alderman Garrison, to
notify the County that the City of Plainview would no longer participate in
the operation of the commodity house as of October 1, 1970. Motion carried
unanimously. ~
ATTEST:
· It was moved by Alderman Garrison, seconded by Alderman Eaves, to adjourn
the meeting. Mo~ion carried unanimously. Meeting adjourned at 8:50 P.M.
M. L. Rea,
Clerk
comr~~'oF ~u,~.
WHEREAS, the Commissioners~ Court of Hale County does not furnish
or mmintain any fire-fighting equipment for use outside the limits of any
incorporatedtown within Hale County; and
'WHEREAS, Article 2351a-I, ReviSed Civil Statutes of Texas, authorizes
the Commissioners'Court .to enter into contract with the City of Plainview
for the use of fire trucks and other fire-fighting equipmentof the City
of~Plainview for fire fighting purposes-beyond the corporate, limits of the
City of Plainview; and
WHEREAS, the Commissioners' Court and the City'Council of theCity of
Plainviewjointly find that it will be in the public interest to enter into
this agreement whereby-the City of Plainviewwill furnish fire-fighting ~
equipment for use in the .County beyond the corporate limits of the City of
Plainview upon the followtngterms and conditions; NOW THEREFORE,
KNOW-ALL MEN BY THESE PRESENT:
That the City Council of the City of Plainview, on behalf of the City
of.Plainview, aHomeRule Municipality of Hale County, Texas, by Louis N.
Thomas, Mayor of the City of Plainview, hereunto duly authorized, herein-
after called the City, and the Commissioners' Court of Hale County~ Texas,
on behalf of the County of Hal'e, by C. L. Abernathy, County Judge of Hale
County, TexaS, hereunto dUly authorized, hereinafter called County, both
parties acting herein under the authority of Article 2351a-1, RevisedCivil
Statutes of Texas, do hereby agree:
[1] Definition. "Fire-Fighting EqUipment". The term "fire-fighting
equiPment'', as used herein, shall mean a straight booster tank truck of
approximately Three Hundred (300) gallon capacitY and such other available
"fire-fighting equipment" usable at a given location.
[2] Subject to the conditions herein provided and subject to the
conditions hereinafter stated in Paragraph [3], the City agrees to furnish
fire-fighting equipment to-gire calls made to'the Central Fire Station of
the City of Plainview to points beyond, the corporate limits of the City of
Plainview and within the boundaries of Hale County, Texas, and mot within
the corporate.limits of an incorporated town.
[3] It is not intended hereby to obligate the City to answer fire
calls where'the site of the fire is closer to the towns of Hale Center,
Abernathy, Petersburg, or Edmonson, than it is to Plainview, measuring from
the City Limits of each town; but it is, nevertheless, intended that the
matter of answering said calls shall remain flexible enough that the City
will make a fire call to any point within the boundaries of Hale County,
when (a) in the opinion of the Fire Chief of the City of Plainview or such
other person in'charge of the Plainview Fire Department at the time the
decision has to be made that a necessity exists and the fire call cannot,
for some reason or another, be answered by the Fire Department of either
Hale Center, Abernathy, Petersburg, or Edmonson; or when in the opinion of
the Fire Chief of the City of Plainview or such other member of the Fire
Department having the responsibility at the time of making the decision it
would be more practical for the call to be answered by the fire-fighting
equipment of the Fire Department of the City of Plainview than for it to be
answered by the Fire Department of either Hale Center, Abernathy, Petersburg,
or Edmonson; (b) nor is it intended hereby, nor is the Fire Department of
the City of Plainview obligated to answer fire calls outside the city limits
'of the City of Plainview when it appears to the Fire Chief of the City or
such other person in charge of the Fire Department having the responsibility
at the time, of making the decision it would be more practical for the call
to be answered.by the fire-fighting equipment of the Fire Department of She
City of Plainview than for it to beanswered by the Fire Department of either
H~le Center, Abernathy, Petersburg, or Edmonson; (c) nor is it intended
hereby, norris the Fire Departmen~of the City of Plainview obligated to
anawer fir~.calls outside the city limits of the City of Plainview when
it appears to the Fire Chief of the City or such other person in charge
of the Fire-Department.having the responsibility at the time, to make the-.
decision that it would be more practical at the time for the call to be
· answered by the fire-fighting-~equipment of the fire department of the City
of Hale Center, Abernathy, Petersburg, or Edmonson.
[4] Emergency Conditions.- It is hereby declared and agreed that
an emergency condition shall exist within the corporate limits of the City
of Plainview ara time when one Or more fires are in Progress, and that
when such Conditionsexist the Chief of the Fire Department, or any person
acting in his capacity or in his place and stead, shall determine the
advisibility of sending fire-fighting equipment beyond the corporate limits
of the City of Plainview; and the judgment of said Fire Chief, or any
person acting in his place and stead, shall be final. The City of Plainview
shall not be obligated to furnish fire-fighting equipment when an emergency
condition (as definedherein), exists in the City of Plainview, or is the
City obligated to furnish fire protection outside the city limits to the
extent that its insurance firerates may be endangered, nor to the extent~
that the protection afforded the City by its fire-fighting equipment and
Department shall be endangered.
[5] (a) The term of this contract shall.be for one year, beginning
September~30, 1970, and terminating September 30, 1971.
(b) During the month of June preceding the termination date of
this contract, the City of Plainview and the CoUnty of'Hale shall reconsider
the costof the City of Plainview for answering fire calls and the number
of fire calls answered duringthe preceding year, and agree that they will,
during the month of June,~negotiate in regard toentering into a contract
pursuant to Article 2351a-1, Revised Civil Statutes of the State of Texas,
to take the place of this contract after its termination.
(c) It is understood that the budget for the City of Plainview,
fo~ all practical purposes, has to be formulated by JulY i, of each year.
If a new contract between the City and. the County has not been agreed upon
by July 1, preceding the termination date of this contract which is
September 30, 1971, then the governing bodies of the parties hereto, in
considering their respective budgets, may presume that all responsibilities
of the City of Plainview for answering fire calls outside the City Limits
will.terminate September 30,~ 1971, at 11:59 P,.M. o'clock.
[6] As consideration for this co~tract, the County of Hale shall pay
to the City of Plainview, during the month of October,.1970, the sum of
$6,500.00.
[7] Report of Fire Call to County. For each fire call beyond the
corporate limits of the City of Plainview, the Fire Chief shall make or
cause to be made'the customary fire report showing the date, time, location,
description of burning structure, etc., including estimated extent of
damage to property. The FireChief or any person acting for him shall
deliver or mail a report containing said information to the County Auditor
of Hale County each month. The report covering each month shall be furnished,
delivered, or mailed to the County Auditor of Hale County by the tenth day
ofthe month following the month for which the report is made.
[8] This contract is entered into pursuant to the terms and provisions
of Article 2351a-1, Vernon's Annotated Civil Statutes, the same being Acts
1941, 47th Leg., p. 567, ch. 360, Sec. 1; Acts 1961, 57th Leg,, p. 492,
ch. 234, Sec. 1. The acts of any person or persons in any way employed by
or connected with the City of Plainview or its Fire Dep.artment while'
fighting fires beyond the corporate limits of the City of Plainview, shall
be considered the acts of ~gents of Hale County, Texas, in all respects,
notwithstanding such personor persons may be. regular employees or firemen
of the City of Plainview.
This contract-is entered into by the City of Plainview, a municipal-.
corporation, acting by and through its City Council, and Hale County, Texas,
acting by and through its Commissioners' Court, pursuant to the terms and
provisionsof the Acts of the Texas.Legislature as incorporated in
Article 2351a-i,~-ofVernOn'sAnnotated Civil Statutes, the same being.
Acts I941, 47th Leg,, p. 567:, ch. 360, Sec. 1; Acts 1961, 57th Leg., p. 492,
ch, 234. Sec. 1,
[9] Nothing herein Shall be construed as preventing the City from
contracting for Workmens Compensation Insurance covering their employees
while.they are acting pursuant to the provisions of this contract.
[10] Any money donated to. the City in appreciation of the~work of the
Fire Department, directly to the City of Plainview, will be retained by
the City.
However, it is u~derstood that the City will not expect any remunera-
tion, nor be entitled to any, fromthe residents living outside of the
City .Limits for the services of the Plainview Fire Department in connection
with fighting or putting out fires outside the City Limits-or for fire
protection outside the City Limits, pursuant to the terms and conditions
of this contract.
Any money paid to Hale County as a result of its having furnished
fire protection to property lying outside the City-Limits of the City of
Plainview by reason of this contract, or any other contract for fire
protection that it may have with any other city or town, will as a matter
ofcourse, be retained by the County. The matter of billing gins, or any
other industry or other type property, as a result of firecalls answered
by the Plainview Fire Department is a matter left to the discretion of the
commissioners' Court of Hale County. Any sum so collected will be retained
by the County.
After termination of the contract as herein provided, all obligations
ofeither party hereto shall be cancelled and terminated and the contract
shall thereafter be of no further force_and effect.
HANDS th s th~ /4'~aY o
WITNESS OUR i f
Lo~is N. Thomas, Mayor
COMMISSIONERS' COURT OF HALE COUNTY, TEXAS
C. L. Abet~thy, County Jud~-~
County Judse.to sign 'the Fire Contract w~h the City of ,Plainvie~ and ~o
approve ~he payment of the amount of $6500,00 for one years
carried w~th aL1 members.' present voting'
STATE OFTEXAS'
COUNTY-OF HALE
I, Mildred Tucker, County Clerk and Ex-Officio Clerk of the Commissioners'
CoUrt, in and for said County and State, hereby certify that the above and
foregoing is atrue and correct copy of Motion concerning Fire Contract
with the City of Plainview, an excerpt of the ~ommissioners' Court meeting
of July 13th, 1970, as the same appears of reco~d in this office.
3Witness my hand and official seal at office.in Plainview, Texas, this
the 15th day of July, A. D. 1970. ~
COUNTY CLERK, HALE COUNTY, TEXAS.
RESOLUTION
A RESOLUTION APPROVING AND ADOPTING A PROGRAM FOR COMMUNITY IMPROVEMENT (WORKABLE.
PROGRAM) FOR THE CITY OF PLAINVIEW.
WHEREAS, as a condition to certain prescribed Federal financial and other aid
and assistance, Section 101(c) of the Federal Housing Act of 1954, as amended,
requires the submission to the Department of Housing and Urban Development by each
locality of a Program (which shall include an official plan of action, as it exists
from time to time, for effectively dealing with the problems of urban slums and
blight within the community and for the establishment and preservation of a well-
-planned community with well-organized environment for adequate family life) for
utilizing appropriate private and public resources to'Rliminate, and prevent the
development or spread of, slums and urban blight, to encourage needed urban rehabili-
tation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to
undertake such of the aforesaid activities or other feasible community activities as
may be suitably employed to achieve the objectives of such a program; and,
WHEREAS, there has been prepared on behalf of the City of Plainview for presenta-
tion to the said Department of Housing and Urban Dev~lopment'such a plan of action,
which plan has been fully reviewed and considered by the governing body of said city,
which plan appears to be an acceptable and effective plan of action for the aforesaid
purposes; and, ',
WHEREAS, it is the desire, purpose and intent of the governing body of this City
to utilize available appropriate private and public resources to the end that our City
may rid itself of and prevent the development or spread of slums and urban blight and
undertake such of the aforesaid activities or other feasible community activitie~ as
may be suitably employed to achieve the objectives of such plan: NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, STATE OF TEXAS, that the
hereinabove mentioned "Program For Community Improvement" for said City be, and the
same is hereby, approved and adopted as the official plan of action of our community
for effectively dealing with the problem of urban slums and blight within this community
and for the establishment and preservation of a well-planned community with well-
organized environment for adequate family life, and the Mayor is hereby authorized and
directed to present such "Program", together with all required supporting documents and
statements, to the Secretary of the Department of Housing and Urban Development for
approval pursuant to the provisions of said Title I, Housing Act of 1954, as amended.
PASSED AND ADOPTED this 20th. day of July, A.D., 1970.
ATTEST:
City Clerk
Mayor
