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HomeMy WebLinkAbout71 0621 min136 MINIFfES CITY COUNCIL ~ETING June 21, 1971 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 Pro T~n Keltz Garrison presiding mhd the following Aldermen present: Medlin Carpenter, Bill Eaves, and Richard Cross. Also present were: Marshall Pharr-City Manager, Joe Sharp-City Attorney, Harlod Gladman-Director of Plmming, Robert Barnett-Director of Parks & Recreation, Hoyr Curry-Director of Public.Safety, Johnnie Batlew-Assistant Direct°r~6fi~ablic Safety, M. L. Rea-Director of ~.iunicipal Services, and Larry Martin-Administrative Assistant. Visitors included Tom Almon, Joe W. Smith-First Southwest Compmny, and Mike Wall-Pl~ainview Daily Herald. Invocation was given by 'Medlin Carpenter. A public hearing was opened on the annexation o~ 17.69 acres of land located onthe Din~nitt Highway west of Ennis Street as petitioned by Mr. J. J- Kirchhoff. There being no discussion, the public hearing was closed. An ordinance mmexing to the City of Plainview the above described property will be adopted at the next Council meeting. It was moved by Alderman ~Aves, seconded by Alderman Carpenter, to adopt a resolution authorizing the City Manager to pubt~_sh notice of the City's inten- tion to receive bids for certain fire-fighting equipment. Motion carried unanimously. Bids will be received until July 28 at 10:00 a.m. and will be read aloud at the next sM~eduled Council meeting, on August 2. Mr. Joe Smith of ~irst Southwest Company explained the procedure to be used in issuing Certificates of obligation on the purchase of the fire-fighting equipment. Itwas moved by Alderman EAves, seconded by Alderman Carpenter, to approve the contract with First Southwest Company and the proposal with Hale County State Bank. Motion ca~~ried unmnomouBly- It ~as moved by Alderman' Carpenter, seconded by Alderman Egves, to approve the minutes of t~e City Co~mcil meeting of June 7, 1971. Motion ca~ried o~animously- It. w~_s moved by ..Alderman Carpenter, seconded by Alderman E~ves, to adopt Ordinance 7--1-117, an ordinance ~amending Ordinance 7--1-1154_by deleting that por- tion of Section 1 which prohibits parking on the east side of Austin Street. in the 500 Block from 6th Street south 'to the alley. Motion carried unanimously. Discussion was held on a t~ack parking ordinance with regard to Volatile, noxious, and dangerous materials and chemicals. Action ~as deferred until corres- p0ndence is maS-ewith several ciii~s to determine their procedure on this matter. Received for filing was a revised copy of the board and co~nission members it was moved by Alderms~n Cross, seconded by Alderman Eaves, to adopt Ordinance 7_1.-1178, an ordinance amending Ordinm~ce No. ~I-11_ 61 of the City of Plainview, Texas by adding t~ereto a new section to be designated as Section 10(a), said section providing that the fire code adopted by said Ordinance N~. 71-1161_ be amended by adding thereto Sectionsets6 ~and H to Section 16.75 provi ~8J-n~g no person shall sell, deliver or purmhase gasoline from a truck or!:.portable tanl< 137 MINUTES CITY COUNCIL ~Z~TING June 21, 1971 Page 2 ~- of the fire 'code; and designating the conditions under which gasoline may~be delivered from a tank truck or a portable tank within .the l~its of the .City of P]ainview and providing the conditions under whicL gasoline may be delivered from a ta~fk thick. Motion carried unanimously. A current status report on t_he Housing Survey wa~ presented by Larry Martin. It was moved by Alderman Carpenter, seconded by Atdeman Cross, to propose to the Community improvement Committee to make a new district, Central Business District, and for recom~nendations tO be made for the appointment of members. Motion carried ~manimously. It was moved by Alderman Eaves, seconded by Alderman Cross, to accept the resignation of Mr. Romey Fennell, Jr., from the Planning and Zoning Commission. Motion carried unan~ously. It was moved by Aide,man Carpenter, seconded by Alderman Eaves, to approve the appoin-&ment of Rev. E. N. Give~m 'to fill the vacancy created by the resig- nation of Mr. Fennell on the Play, ling and Zoning Comnission. Motion carried unanJ~,~ously. It was moved by Alderman Cross, seconded by Alderman Carpenter, to approve the appoin~nent of Mr. Oartis Mangum to fill the vacancy created by the resig- nation of .Mr. James W. Davenport on the City/County Airport Board. Motion carried unanimously. it was moved by Alderman Eaves, seconded by Alderman Cross, to adopt Ordinmnce 71-1176, mn ordinance prescribing the speed limit on US 87, Business Route (Loop 445) Columbia Street, w_i'~hin the City of Plainview, Texas, at loca- tions hereinafter designated: repealing all ordinances in conflict herewith and prescribLng a penalty for the violation of this ordinance. Motion carried unani- mously. The Board of Cit~- Development Financial Statement for May was read~. ~e Plainview/Hale Co~mty Heatth.Deparhnent Minutes were read. R]~e minutes of tJ~e Hale County Airport Board meeting were read, /]~e City of PlainvieW Mosquito Control Report was read. Action on the reconm]endation of the Plamning and Zoning Commission concerning the proposed annexation was defe'rred u~ntil further study can be made. Discussion was held on tJ~e traffic median at 24th & Col~bia. ' it was moved by Alderman Carpenter, seconded by Al'dennan Cross, to authorize] tt~e~ advert.isLng for bids to be received July 13 for the extension of ut~lmtmes to t]].e .Yil!a West addition. ~ Motion carried un~a~imously. ': It was moved' by Alderman Cress, seconded by Alderman Eaves, to apProve'the appoinnnent of Rafel Lopez, Jr. Neighborhood 1 gm.d Travis Tho]n~ton - Neighborhood'' 9 as members to the Youth Advisory Con~ittee. Motion carried unanimously. Received for filing was a copy of the Nevmletter, VolL~ne I; Issue 7. City o: Gentlemen: ~ · -' 'We understand that' you contemp [zation and issuance of not to exceed $100,000 General 0bligation i~.Time W~rrants 'or C~rbificateS O~,0bli'gation. for,the, purpose. of purchasing .tw0 ..'!.~i00~ gall0n~iire ~dePar'tment ~,'mPumpers for the City; We~ furth~r understand that ..the.. city. has made arrangements for the Contractor to dispose of the Warrants -or Certificates of Obligation at. face value~ if he elects to do so, by their assignment and.sale, ab par flat. to the Hale County Sta'te Bank, Plainview, Texas. ~Inconnection with ~these Warrants or~.Certificatesof Obligation we.propose as~:follows: 1. We will aSsist you in the authorization and legal issuance Warrants'or Certiftcates off 0bligation~ wi.th the legal gs.throu~0ut 'the entire' :progr~: to be prepared and Dumas, HugueninandBoOthman,'Bond"Attorneys, Dallas, Texas~ whomthe City willemploy,'~..Dumas',~Huguenin and Boothman will be directed~to look to us~for~.payment of their fees and charges 0n this'matter inever~'respect~ ~.:. ~ - ' ~' 'iiiWhen the Warrants or Certificates of Obligation have been finally issued to the Contractor, Dumas, Huguenin and Boothman ~will issue their final, unqualified approving opinion on the Warrants or Certificates of Obligation for the benefit of the Contractor or, if the Contractor elected to assign the Warrants or Certificates of Obligation, the Hale County State Bank, Plainview,. Texas./' .~. .. 2. We will attend:to,and~'p~y- lng of the Warrants or Certificates Of Obligation. - '~./ ~.. agree to di~c~'' and c0ordinat~::/~hei":'&i'n~ire program of' financing contemplated 't~rough the issuance of Time Warrants - or Certificates of Obligation and to assume and pay the expenses above enUmerated. We will also pay any travel and communication expense incurred by us in connection~with this program. It is specifically understood and agreed, however, that this obligation on our part shall not comer the cost .of publication of .notices in newspapers or 'other pUblicatt0ns,.Or.~he':expenses of any- ~.i. litigation. " ~. As consideration for. the servi?ces'.')rsndered byUs and as reimbursement.'fOrm~the expenses~.Which'.L~e'i~are, toincur, it is understood and ag~eedthat the"Cityis, t0'~pay and we are to accept a cash fee to be computed as follows: the recommended minimum fee of the Municipal Advisory Council of Texas, as of April l, 1970, as set out in "Financial Advisory Services for Municipalities~, Part VI, Paragraph A - Basic Schedule and Part VII, Paragraph E~-2 - Financing by. time warrants? (Recommended minimum fee, 200~.of regular-fee~) ~he amount of the fee due shall be based on the total amount of warrants or certificates of obligation actually delivered to the Contractor. ~-'the' Program contemplated under this plan .rig should not materialize so that no warrants 'or ~certificates of obligation are issued and delivered to a contractor, the City will owe us nothing. This agreement shall be terminated by the issuance and delivery of the Warrants or Certificates of Obligation to the Contractor and their assigment to the Hale County State Bank, Plainview, Texas, if the Contractor has elected to do so, or by the lapse of 36 months from date of your acceptance hereof, whichever shall first occur; however, if the Warrants or Certificates of Obligation have not been so delivered within the period specified, this agreement may be extended by mutual consent. 7o This proposal is submitted in duplicate originals. Your acceptance will be indicated by the signature of your Mayor, attested by your City secretary~ on both copies and returning one executed copy to us. Respectfully submitted, First'Southwest Company the City of Plainview, Texas, on thi's the ~Y[ '.~day of ~~ , 1971. - ofr ATTEST (sm ) RESOLUTION AUTHORIZING CITY MANAGER TO PUBLISH NOTICE OF THE CITY'S INTENTION TO RECEIVE BIDS ............. ~OR~,_C, ERTAIN .FIRE ~FI,GHTING EqUIP__MENT~ THE STATE OF ~TEXA'S COUNTY OF HALE ?,CITY OF PLAINVIEW ON'THIS, the 21st day of June, 1971, the City Council of the ~Cit.y of Plainview, Texas, convened in regular session at the regular meeting place thereof in the City Hall,, the. meeting being open to the public and notice of said meeting,· giving the date, place and subject thereof, having been posted as prescribed by Article 6252-17, Section 3A, V.A.T.C.S., there being present and i'n attendance the following members, to-wit: KELTZ GARRISON MAYOR PRO TEM BILL .EAVES ) MEDLIN CARPENTER ) ALDERMEN RICHARD E. CROSS ) NEAL WILLIAMS ) % and with the following absent' Mayor Louis Thomas ./~ , constituting a quorum; and' among other proceedings had were the following: The Mayor Pro Tem introduced a proposed resolution which was read in full. Thereupon, it was moved by Alderman i~'~,~ and SecOnded. by Alderman '~,¢~/Z~ 'that· the same be' ~~and i~adopted.' Ther'eupon, the qUes~ionlbelng called for, the motion carried' by the following vote. ' ' " .'" .. AYES: Aldermen Garrison, Eave.s,.i Carpenter, CrOss · and Williams. 'NOES: ~ None. 'SOLUTION A RESOLUTION by the City Council of the City of Plainview, Texas, authorizing and instructing the City 'Manager to publish notice of the City's intention to receive bids for the ac- quisition of certain fire-fighting equipment and prescribing the form of such notice. WHEREAS, this City Council has determined that it is to the best interest of the City.and its inhabitants to provide for ..'the acquisition of certain fire-fighting equipment in order to increase the fire'fighting capability of the City fire department, and it is now proper to provide for the issuance of a notice of the City's' intention to' receive bids; and, WHEREAS, the ~p!ans and specifications for the fire truck to be acquired.bY the City, together with the form of contract · documents to be used and utilized in connection therewith .(including the notice to bidders), are on file in the office of the. City Secretary where they may be examined without charge; and, W~IEREAS, under the terms of The Certificate of Obligation Act of 1971 this City Council has the requisite authority to pro- .ceedwith the authorization of the certificates and provide for the' regeipt of~competitive bids for the fire-fighting equipment .proposed to.be purchased; therefore, BE IT RESOLVED BY ~THE CITY COUNCIL OF THE CITY OF PLAIN~ VIEW: SECTION i: The plans, specifications and contract docu- ments upon which competitive bids are to be received for the furnishing of certain fire-fighting equipment to the City are herebY apprOved. The notice to bidders substantially in the 'form set~ forth in said contract documents (attached hereto as Exhibit A for identification purposes and made a part hereof for. all pur- poses) shall be published once a week for two consecutive weeks in. a newspaper of ge~neral circulation in the city, the first publication to be at least .fourteen (14) days prior to the date set for~ the receipt of bids. In accordance with said notice, this governing body shall convene at the time and place indicated therein fOr the purpose of letting a contract or rejecting bids. SECTION 2: After bids have been received in response to .the advertisement for bids for which provision is made in the pre- ceding section, this City Council shall convene for the purpose of authorizing the issuance of the Certificates of Obligation and awarding the contract or rejecting all bids. Further orders are reserved until sUch time as the bids have been received, tabulated and Presented to.this governing, body as set forth in said notice to bidders. · ~ ~/ ' ' ~--/~or /~r~.Tem, City of Plainview, Texas ATTEST: Y 'EXHIBIT A NOTICE TO BIDDERS OF .CITY'S INTENTION TO LET CONTRACT FOR PURCHASE OF FIRE DEPARTMENT PUMPERS Sealed proposals addressed to the Mayor and City Council of the'City'°f',Plainview~ Texas, will be received at ~the office of ~the City Secretary, ~C~.ty Hall, Plainview, Texas, .until 10 0'cl0ck~A.M. 'on the ~;~ day of ~.~ ..., 1971, for the' fur- his hing of:. TWo .(2') '."' 1,000 g~p.m, diesel-powered tripte~. combination fire .department pumpers. complete and with specified optional equipment. · i~At .the time,,'and place:~indicated, bids will be publicly opened, read aloud, 'and referred or retained by' the City Manager for tabulation, checking and evaluation. Final award of the contract ~Lis~prop°se~ to be made .at _7/3~.' o.'clQck"~ .M. on the'~'~.day ~0f' :~U~$..~' ! ,' 1971, by the City cOuncil' convened at its regular · meeting place at the City Hall. i' and contract documentS may be examined.without charge at the' office of the City Secretary, City Hall, Pla'~{hview, Texas. Copies thereof may be' obtained from ·the Assistant Director Of'Public Safety at the City Hall. Prices shall be net, excluding taxes and all other al'lowed discounts and shall be f.o.b, factory. A cashier's check, a certified check or acceptable bidder's bond made payable ,to the City of Plainview, 'Texas, in' an amount of not less than 5% of the .bid submitted must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into contract. A bidder may submit a proposal under either or both alter,- nates, one alternate being the acceptance of a trade-in (as equipped and identified in the specifications) which may be examined'at the Central Fire Station, Plainview, .Texas. No bid may. be ~withdraWn after the scheduled closing time for the receipt of bids for at least thirty (30).calendar days. The City proposes to issue Certificates of Obligat. ion in payment of all or a portion of the contract price and the ~contrac- tual obligation it will assume. The successful bidder will be ~equired to accept such'certificates in payment of all or a portion of the contract price or assign such certificates to the party with whom the City has made provision, for the contractor to sell and assign such certificates at their face value (no accrued interest), and each bidder shall be required to elect on the bid form whether he~will accept or assign ·such certificates. In case of ambiguity or lack of clarity in stating the contract price, the City reserves the right to consider the most advantageous construction thereof-or to reject the bid. june 7~ 1971 To the Honorable Mayor and City Council City of Plainview~ Texas Gentlemen: We umderstand that you contemplate the authorization and issuance of not to exceed $100sO00 legally issued Time Warrants or Certificates of Obligation for the purpose of purchasing two - ls000 G.P.M. fire department pumpers for the City. Such Warrants or Certificates of Obligation would be delivered to a Contractor and could be retained by him or assigned to others~ such election to be made by him at the time his proposal is made to the City. In connection with these Warrants or Certificates of Obligat±on~ we propose as £ol!ows: A. We will accept delivery of not to exceed $100~000 legally issued Time Warrants or Certificates of Obligation from the Contractor at the price of par flat (face value~ no accrued interest), such assignment to be made without recourse within 15 days after the receipt of such ~arrants or Certificates of Obligation by the Contractor. B. OO~r acceptance of the Warrants or Certificates of Obligation is strictly subject to'the following conditions: 1. That the Warrants or Certificates of Obligation will be approved by Dumass Hmguenin and Boothmans Bond Attorneys~ Dallas~ Texas~ and that we will be furnished with a copy of the unqualified approving opinion of Dumas, Huguenin and Boothman when all of the Warrants or Certificates of Obligation that will be issued have been deZivered to the Contractor and assigned to us by the Contractor upon payment at par flat. 2. That the Warrants or Certificates of Obligation are delivered to us at ~ar flat (face value~ no accrued interest) at no additional expense to us~ including the expense of any litigation. 3. That the Warrants or Certificates of Obligation will ~e set up as follows: $100sO00 City of Fiainviews Texas~ General Obligation Warrants or Certificates of Obligation; dated about August is 1971; denomination $1sO00; b~aring inzerest at 1-3/4~0; interest due May Is 1972 and semi-annually thereafter each November 1 and May 1; interest to be evidenced by coupons; principal due May 1 of each year as follows: $t0s000 each year 1972 through 1981; paying agent to be the Hale County State Bank~ Plainviews Texas° We understand that the amount of Warrants or Certificates of Obligation to be finally issued is contingent on bids received for the equipment and the final total cost of the equipment~ and that the final amount of Warrants or Certificates of Obligation issued m~y be less than $100s000s and we agree to accept Warrants or Certificates of Obligation on assignmemt from the Contractor in even $!~000 ~mounts up to $I00~000. 4. _That the Warrants or Certificates of Obligation bear interest to us from their date° C. This agreement shall be terminated by the delivery of the Warrants or Certificates of Obligat±om to us by the Contractor is he so elects~ or by the lapse of 15 days after delivery of the Warrants or Certificates of Obligation to the Contractor without their assignment to us~ whichever shall first occur° This agreememt shall also be terminated by the Contractor electing to retain the Warrants or Certificates of Obligation at the time he submits his proposal to the City. Respectfully submitted~ Hale County State Bank~ ACCEPTANCE ACCEPTED pursuant to a motion adopted by the Cit~ Council of the City of Ptainview~ Texas~ on this the ~ day of ~;~ ~ 1971. Ma~or~C~t~ of Plainview~ Texas ATTEST: ta~ City of P!ainview~ Texas AFFIDAVIT OF POSTING OF NOTICE STATE OF COUNTY OF I, t] herewith o'.clock p commencin: and act u AR~ OF P on a bull City of P Texas Sta With ~XAS ~ ~e undersigned M. L. Rea, Clerk of the City of Plainview, Texas, do ~ertify that on the 25th day of February, 1971, at the hour of 4:30 .m., I did post a Legal Notice in words and figures following to-wit: "PUBLIC NOTICE OF MEETING TAKE, NOTICE THAT A MEETING OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS will be held at the COUNCIL CHAMBERS, MUNICIPAL BUILDING ~ at 7:30 o'clock p.m. on the 1st day of March, 1971, to consider ~on the following: iOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AL~HORITY iAINVIEW, TEXAS, AND AUTHORIZING ITS EXECUTION"* ~tin board at a place convenient to the public in the City Hall of the lainview, Texas, as required by Article 6252-17, of Vernon's Annotated tutes, as amended. Clerk of tti~ City of Plainview, Texas AFFIDAVIT OF POSTING OF NOTICE STATE OF TEXAS COUNTY OF HALE I, the undersigned M. L. Rea, Clerk of the City of Plainview, Texas, do herewith certify that on the 25th day of February, 1971, at the hour of 4:30 o'clock p.m., I did post a Legal Notice in words and figures following to-wit: "PUBLIC NOTICE OF MEETING TAKE NOTICE THAT A MEETING OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS will be held at the COUNCIL CHAMBERS, MUNICIPAL BUILDING commencing at 7:30 o'clock p.m. on the 1st day of March, 1971, to consider and act upon the following: A RESOLUTION FINDING AND DECLARING THAT THERE EXISTS A NEED FOR THE HOUSING AUTHORITY OF PLAINVIEW, TEXAS, TO FUNCTION, AND A RESOLUTION AUTHORIZING PUBLICATION OF THE INTENT TO ENTER INTO A COOPERATI~ AGREEMENT WITH THE HOUSING AUTHORITY OF PLAINVIEW, TEXAS."* on a bulletin board at a place convenient to the public in the City Hall of the City of Plainview, Texas, as required by Article 6252-17, of Vernon's Annotated Texas Statutes, as amended. Witness my hand and the seal of said City this 25th day of February, 1971. Clerk of the City of Plainview, Texas RESOLUTION "A RESOLUTION FINDING AND DECLARING THAT THERE EXISTS A NEED FOR THE ~OUSINC AUTHORITY OF THE CITY OF PLAINVIBW, TBXA~, TO FUNCTION." BF. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, as follows: Section 1. The City Council of the City of Plainview, Texas, hereby detemines, finds and declares pursuant to the '~{ousing Authorities Law" of the State of Texas, that: A. Insanitary and unsafe inhabited dwelling accommodations exist in the City of-Plainview, Texas; and B. There is a shortage of safe and sanitary dwelling accommodations in said City available to families of low income at rentals they can afford; and C. There is a need for the Housing A~thority of the City of Plainview, Texas, to function. Section 2. In accordance with the foregoing finding, the Housing Authority of the City of Plainview, Texas, is authorized to transact business and exercise its powers pursuant to the "Housing Authorities Law" of the State of Texas. Section 3. The Mayor of said City be and he hereby is directed to file the necessary Certificate relative to the appointment of the Commissioners and desig- nation of the first Chaiman of said Housing Authority in the Office of the City Secretary. Section 4. That the shortage of safe and sanitary dwelling accommodations for families of low income compels such families to occupy unsafe, insanitary and over-crowded dwelling accommodations, and causes an increase in and spread of disease and crime, thereby creating an emergency and making it necessary for the preservation of the public peace, health and safety that this resolution becomes effective without delay, and therefore this resolution shall take effect and be in force immediately upon its adoption. DATE: ~PROVED · T~I~, Mayor Alderman Cross seconded the motion to adopt the Resolution as read .and upon Roll Call the' following vote was recorded: AYES: Aldemen Garrison, Williams, and Eaves NAYS: None Thereupon the resolution was declared duly passed and adopted. The following Resolution was introduced by Aldeman Carpenter who moved its adoption. RESOLUTION RESOLUTION AUTHORIZING PUBLICATION OF THE INTt~r TO ENTER INTO A COOPERATION AGREI~4ENT WITH THE HOUSING AUTHORITY OF THE CITY OF PLAINVIEW, TEXAS BE IT RESOLVED BY THE CITY COUNCIL OF PLAINVI~, TEXAS, as follows: 1. The City Secretary is hereby authorized and directed to give notice of the intention of the City of Plainview, Texas, to enter into a Cooperation Agreement with the Housing Authority of the City of Plainvie. w, Texas, by twice publishing a copy of said notice in the Plainview Daily Herald which is the City's officially designated newspaper. 2. Said Notice shall state that at the expiration of sixty days from the date of the first publication, the City will consider the question of whether or not it will enter into a Cooperation Agreement with the Housing Authority. 3. The City Secretary shall keep a copy of the Cooperation Agreement pro- posed available for inspection by the public at the office of the City Secretary during usual business hours.. 4. This Resolution shall take effect immediately. The motion to adopt said Resolution was seconded by ~erman Williams and upon roll call the following voted: AYES: Aldermen Garrison, Carpenter, Eaves, and Cross NAYS: None Thereupon the Resolution was declared duly passed m~d adopted, March 1, 1971. The Mayor of the City of Plainview, Texas, being present at the meeting was thereupon notifed of the adoption of the foregoing resolutions. ADJO~: Meeting adjourned at 8:30 o'clock p.m. ATTEST: M. L. REA, City ~lerk APPROVED: NOTICE OF INTENTION OF THE CITY OF PLAINVIEW, TEXAS, TO ENTER INTO A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF PLAINVIEW, TEXAS. Pursuant to a Resolution duly adopted on M~rch 1, 1971, by the City Council of the City of Plainview, Texas, Notice is hereby given of the intention of the City of Plainview, Texas, to enter into a Cooperation Agreement with the Housing Authority of the City of Plainview, Texas, and further; Notice is hereby given that at the expiration of sixty (60) days from the date of first publication, the City Council of the City of Plainview, Texas, will consider the question of whether or not it will enter into a Cooperation Agreement with the Housing A~thority of the City of Plainview, Texas. A copy of the proposed Cooperation Agreement is available for the inspection of the public at the office of the City Secretary during business hours. This Notice is given and published pursuant to the Housing Cooperation Law of the State of Texas. (To be published in the Plainview Daily Herald on March 10, April 12, and May 4, 1971.) RESOLUTION RESOLUTION APPROVING COOPERATION AG~ WITH THE HOUSING AUTHORITY OF THE CITY OF PLAINVIBW, TEXAS AND AUTHORIZING ITS EXECUTION WHB~, The City of Plainview, Texas, has caused to be published twice in its officially designated newspaper the notice of its intent to enter into a Cooperation Agreement with the Housing Authority of the City of Plainview, Texas; and WHEREAS, 60 days or more have elapsed since the date of the first publi- cation of said notice, with no petition for election being filed in accordance with the Housing Cooperation Law of Texas; NOW, THBREFORE, BE IT RESOLVED BY TKE CITY COUNCIL OF THE CITY OF PLAINVIBW, TEXAS, AS FOLLOWS: 1. The Cooperation Agreement between the City of Plainview, Texas and the Housing Authority of the City of Plainview, Texas, is hereby approved. 2. The City Council of the City of Plainview, Texas is hereby authorized and directed to execute said Agreement and the City Council of the City of Plainview, Texas is hereby authorized and directed to seal and attest said Cooperation Agreement in the name of the City of Plainview, Texas. 3. This Resolution shall become effective immediately. 4. This Cooperation Agreement is in the following form, to-wit: COOPERATION AGREtMENT This Agreement entered into this 17th day of May, 1971, by and between the Housing Authority of Plainview (herein called the "Local Authority") and the City of Plainview (herein called the '~dunicipality"), WITNESSBTH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the United States of America (herein called the "Government"), pursuant to the United States Housing Act of 1937, as amended, and the Department of Housing and Urban Development Act; excluding, however, any low-rent housing project covered by any contract for loans and annual contri- butions entered into between the Local Authority and agencies of the Government prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body 'or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 300 units of low-rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. S. (a) Under the constitution and statutes of the State of Texas all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contri- butions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the aggregate Shelter Rent Charged by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. Cc) The Local Authority shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, That no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937, as amended) of each Project and within five years after the completion thereof, or such further period as may be approved by the Government, there has been or will be elimination (as approved by the Government) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is located, substantially equal in number to the number of newly constructed dwelling ~nits provided by such Project; Provided, That, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein; and Provided, further, That, this paragraph 4 shall got apply in the case of (i) any Project developed on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Pro- ject shall not be counted as elimination for any other Project or any other low- rent housing project, or (ii) any Project located in a rural nonfarm area. 5. During the period comaencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the }dunicipality may have in such vacated areas, and, insofar as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment. -2- (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the develop- ment and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: Ca) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedi- cated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in .consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 8. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions, or both, inconnection with any Project remains in force and effect, or so long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agre~ement shall not be abrogated, changed, or modi- fied without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Author- ity or by the Government or by any other-public body or governmental agency authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by the Government, other public body or~ governmental agency, the provisions hereof shall inure to the benefi{ of and may be enforced by the Government, such other public body or governmental agency. -3- IN WITNESS WHEREOF, the Municipality and the Local Authority have res- pectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. Attest:. ; M. L. REA, City Clerk (SEN~) .~ ~ Attest : Secre~a~ CITY OF PLAINVIEW HOUSING AUTHORITY OF THE CITY OF PLAINVIEW M. B. HOOD, -4- CERTIFICATE I, M. L. Rea, Clerk of the City of Plainview, Texas, hereby certify that I have compared the annexed extract from the minutes of the regular meeting of the City Council of said City, held on the 1st day of March, 1971, with the original thereof, recorded in the official minute book, and that it is a correct transcript therefrom and of the whole of said original; that the annexed extracts of the minutes of the meeting is a true and complete transcript of sUch minutes and that the Resolutions contained therein is a true, complete and accurate copy of the Resolutions adopted at said meeting. I further certify that at the time of the adoption of the annexed Resolutions the duly elected, qualified incumbents in office were Louis N. Thomas, Mayor; Keltz Garrisoni Mayor Pro Tern; and Medlin Carpenter, Neal Williams, Bill Eaves, and Richard Cross, Aldermen, and that the regular meeting plac~e, date and time was: Place The City Hall, City Council Room, 901 Broadway Day March 1, 1971 Time 7: 38 P. M. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Plainview, Texas, this 2nd day of March, 1971. (Seal) L Rea, C~ty C er AITORNEY' S CERTIFICATE AND OPINION I, the undersigned City Attorney for the City of Plainview, Texas, do certify that I have examined the attached extracts from the regular meeting of the City of Plainview, Texas, held March 1, 1971, and it is my opinion that the aforesaid meeting was duly and legally held and that the resolutions contained therein were duly and regularly adopted by such governing body in compliance with the laws of the State of Texas, and are not subject to referendu~n or the time for filing a petition for referendum has expired. Date May 10, 1971 Joe Sh ~ A~ a~CitF CBRTIFICATB OF APPOINTMENT OF COF~4ISSIONERS AND DBSIGNATION OF THE FIRST CHAIRMAN OF THE HOUSING AUTHORITY OF THE CITY OF PLAINVIEW, TEXAS WHEREAS, the City Council of the City of Plainview, Texas, held a duly authorized meeting on the 1st day of March, 1971, at which meeting the follow- ing entitled r'esolution was passed and adopted: "A RESOLUTION FINDING AND DECLARING THAT THERE EXISTS A NEED FOR THE HOUSING AUTHORITY OF THE CITY OF PLAINVIEW, TEXAS, TO FUNCTIOn' NOW, THEREFORE, pursuant to the provisions of said resolution and of Section 5 of the '~ousing Authorities Law" of the State of Texas and by vir- tue of my office as Mayor: I hereby appoint the five (5) persons hereinafter named to serve as Commissioners of the Housing Authority of the City of Plainview, Texas, and to serve for the number of years appearing ~after their names respectively from the 7th day of June, 1971. M. B. HOOD , 2 years JOHN C. , 2 years GI,EN B. GODSBY , 2 years L. JACK PAYNE , 1 year R(lv[BY FENNELL, JR. , 1 year I hereby certify that none of the above designated Commissioners is an officer or employee of the City of Plainview, Texas, but each of said Commissioners is a resident thereof. I hereby designate M. B. Hood to serve until the next annual meeting as the first Chairman of the Housing Authority of the City of Plainview, Texas. CERTIFICATE OF APPOINTMENT OF CO~ISSIONERS Page 2 IN WITNESS WHEREOF, I have hereunto signed my name as Mayor of the City of-Plainview, Texas, and caused the official corporate seal of said City of Plainview, Texas, to be attached hereto this 7th day of June, 1971. ATTEST MINUTES CIR~f COL~{C!L ~E_!No'T T~ June 21, 1971 Page 3 it was moved by Aldermmn Eaves-, seconded by Alderman Carpenter, to adopt Appropriation Ordinance No. GO 284~ ~71_ from the General Obligation Bond Ftm_d of 1966, Acct; 424, in the amount of $25.00 payable to Security Abstrac't for SupPlemental Abstract #19670, three tracts of lmnd out of the Southeast Quarter of Section 28, BloCk JK-2, Hale County, Texas. Motion carried unmnimously. It was moved by Alderman Carpenter~, seconded by Alderman Cross, to adjourn tJ~e meeting. Mo~ion carried unanimouslyt Meeting adjourned at 9:00 p.m. M. L.'REA, Citl~ Clerk