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MINUTES CITY COUNCIL SPBCIAL MBBTtNG
May 22, 1972
The 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 John D. Stoneham
presiding and the following Aldermen present: Keltz Garrison, Medlin Carpenter,
Neal Williams, Richard Cross, and Jack oswald.
Also present Were Marshall pharr-City Manager, Joe Sharp-City Attorney,
M. L. Rea-City Clerk, Bill Hogge-Director of Public Works, Harold Gladman-Director
of Planning, Robert Barnett-Director of Parks and Recreation, Johnnie Ballew-
Director of Public' Safety, Norman Huggins-Director of Personnel, and Larry Martin-
Administrative Assistant. Visitors included Billy Penton and Keith~ Hayhurst-
Texas Sprinkler Co.; Durward Graham and Joe A. Stanley-Hygeia Sprinkler Co.;
W. A. Johnston-Goldthwaites; Jim Burks and Worthy Cantwell-Gifford Hill ~ Co.;
C. V. Carson-M~ck Trucks' Inc.; Joe Smith-First Southwest Co.; Russell Stgnfield
and Jimmy Pendergrass-Scout Troop 215; J. B. Wheeler-Hale County State Bank;
Truett Mayes-South Plains Association of Governments; Lon D. cartwright-Zone
Case No. 223; Harold Jarvis and B. B. Howell-Zone Case No. 224; and Reuel Nash
and Nick Smiley-Plains Development Inc.
Russell Stanfield and Jimmy Pendergrass, representatives from Scout Troop
215, presented the Mayor and COuncilmen a map showing the' location of storm
shelters in the City of Plainview; this project was to earn a merit badge for-
Citizenship in the Community.
Discussion was held on Zone Case No. 223, request of Mr. Lon Cartwright
for rezoning a tract of land 127.6 feet x 208 feet out of Block 3?, West Boswell
Heights Addition, ~from a R Zone to a C-1 Zone to be used for commercial storage
located at 3008 West 10th Street. Mr. Cartwright .explained his plans for
development of this property~. It was moved by Alderman Garrison, seconded
Alderman Williams, to approve Zone Case No. 223. Motion carried unanimously. It
was moved by Alderman Williams, se.conded by Alderman ~arrison, to adopt Ordinance
No. 72-1241, an ordinance amending the Zoning Map. of the City of Plainview as
proposed in Zone Case No. 223. Motion carried unanimously.
MINUTES CITY COUNCIL SPECIAL MEETING
May 22, 1972
Page 2
Discussion was held on Zone 'Case ~No. 224, request of Mr, Harold Jarvis,
~or rezoning of a tract of land 358.5 feet x 163-.5 feet out of Bl'ock.85,
College Hill Addition, from a C-1 Zone to a C-2 Zone for commercial use,
located at 2800 Olton Road. Mr. B. B. Howell presented plans for development
of this proper~y. It was moved by Alderman Carpenter, seconded by Alderman
Williams, to approve Zone Case No. 224. Motion carried unanimously. It wa~
moved by Alderman Williams, seconded by Alderman Cross, to. apprQve?p ~a~.~ing
permission, subject to plans and specifications being approved by the City
Engineer. Motion carried unanimously. It was moved by Alderm~n Garrison,
seconded by Alderman Oswald, to adopt Ordinance No. 72~1242, an ordinance
amending the :Zoning Map of the City of Plainview as proposed in Zone Case No.
224. Motion carried unanimously.
Discussion was held regarding bids received for the .purchase of a micro-
film system. Equipment bid by the. Baker Company (3M) is not compatible with
the Department of Public Safety's system; therefore, it was moved by Alderman
Williams, seconded by Alderman Cross, to award the-bid to Eastman Kodak Co
in the amount of $40,931.00, subject to concurrence by the Criminal Justice
Council. Motion carried unanimously.
Bids were opened and read aloud for the installation of an undergroLmd
water sprinkling system in Phase I of the Rnrming Water Draw Plan. Bids were
received from the following:
Co~ any Amount Time Limit
Novak Construction Co.
Venable Sprfi~kler Sales
Gifford Hill & Co.
Hygenia Sprinkler & Equipment Co.
Texas Sprinkler Co., Inc.
'$64,4.24,00
68,804,00
56,650.90
61,721.05
56,093j43
60 days
44 days
30 days
60 days
Deadline as Specified
It was moved.by Alderman Garrison, seconded by Alderman Oswald, to postpone
awarding of. the bid subject to tabulation and concurrence of the Department of
Housing and Urban Development. Motion carried unanimously.
Discussion was held on'bids received for the purchase 'of one (1) 1972 half-
ton pickup for use by the Water Reclamation Department. It was moved by Alderman
2O5
MINIII]5S CITY COUNCIL .SPBCIALMEBTING
May 22, 1972
Page 3
Williams, seconded by Alderman Oswald, to open ~he one bid received and award
it if the specifications were met. Motion carriedunanimously~ It was moved
by Alderman Carpenter, seconded byAlderman Cross, to award the bid to Jack
Morris Ford in the'amount of $2,4S6.13. Motion carried u~m/mously.
It was moved by Alderman Carpenter, seconded by AldermanCross, to adopt
a Resolution providing for the sale of the South oneThat-f of Lot 6, Block 30,
..... . ~--~.~.,~ ...... : ...... .,.,
Original Town, Plainview, Hale County, Texas known as 709 Broadway to Charles
Vanderpoel in the amount of $9,S00~00. Motion carried unanimously.
It was moved by Alderman Cross, seconded by AldermanGarrison, to approve
the minutes of the regular City Council meeting held May 1, 1972. Motion
carried unanimoUSly.
Mr. Joe ~smith, representative of the First SOUthwest Company, presented
information concerning the issuance of Certificates-of Obligation toM ack
TruCks Inc. for the purchase of two (2) 1,000 g.p.m, pumper fire trucks. It
was moved by ;lderman Cross, secOnded byAldermanWilliams, to adopt a Resolution
providing forthe payment for the two fire trucks. Motion carried, unanimously~
It was moved'by'Alderman Garrison, seconded by Alderman Oswald, to adopt
Appropriation Ordinance No. 72-1243 from the General Fund, Acct. 418, Unappro7
priated Surplus Acct. 603, transferring $1,666-29~t° the General Fund, Acct. ~
608-904, for partial payment of the fire trucks. Motion carriedunanimously.
It was moved by AldermanCarpenter, secondedbyAldermanWilliams, to
approve-the request of ~PlainsDevetopment Inc. for the'establishmantof a
Utility easement on Lots 1-6, WilcoxAddition, Unit~ No-'3, plainview, Hale.
County, Texas. Motion carried unanimously.
It was moved by Alderman Garrison, seconded by AldermanCross, to adopt.,
Ordinance No. 72-1244, mn ordinance prescribing the speed limit for that portion
of 6th'Street lying between Columbia Street and Joliet Street to be set at
35 m.p.h, Motion carriedunanimously·
~*L) I UU4 PRINTED IN U. S, A. 9/70
SOLD
TO
City ef Plainview
Plainview, Texas
3611
CUSTOMER'S ORDER NUMBER
QUANTITY
NEW OR USED~MAKE~K~
M~ TRUCKS, INC.
one of The Signal Companies []
Irving Blvd.
Dh!las, Texas
DELIVERED TO
CUSTOMER'S INVOICE
May 22, 19
CUSTOMER
BRANCH ORDER NUMBER
ENGINE NUMBER(S)
BRANCH INVOICE NUMBER
CHASSIS NUMBER(S)
~ 1~+92
CF611F (10) 1&93
THE ABOVE, PER CONTRACT BEARING THE ABOVE BRANCH ORDER NUMBER.DATED
QUANTITY
{)ne
FOR THE FOLLOWING DESCRIBED TRADE-IN(S)
MAKE ~ --
ENGINE NUMBER(S) MODEL
Ferd =
CHASSIS NUMBER(S~
F-61RSTH
An4
Transportation
Insurance
Finance Charges
$ 99~83&.72
(STATE, ETC.)
Sales Tax @
TO BE SETTLED AS FOLLOWS
DE POS IT DE LIVE RY
~AMOUNT
~ J PAID
TOTAL
s~.72
on S
TOTAL CASH
INSTALLMENTS
TOTALING
DATE FIRST
INSTALLMENT
TOTAL
CUSTOMER'S COPY
MINUTES PERTAINING TO PASSAGE AND ADOPTION OF
A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY
OF "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF
0BLIGAT. ION~ SERIES 1971"
THE STATE OF TEXAS
COUNTY OF HALE
CITY OF PLA INVIEW
X
ON' THIS, the 22nd day of May', 1972, the City Council of
the City of Plainview, Texas, convened in .~w/.g~?.. 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., with the foil.oWing'
members present and in 'attendance, to wit:
JOHN U, o STONEHAM
MAYOR
MEDLIN CARPENTER )
P, ICHAm~ cross )
KELTZ GARRISON
JACK OSWALD. )
NEAL WILLIAMS )
)
ALDERMEN
and with the following absent: z~_. .. ,
constituting a quorum; and among other proceedings had were the
following:
The Mayor introduced the following resolution:
"A RESOLUTION by the City Council of the City of
Plainview, Texas, authorizing execution and
delivery of "CITY OF PLAINVIEW, TEXAS, .CERTI-
FICATES OF OBLIGATION, SERIES I971~" for the
purpose of paying contractual obligations of
the City incurred for the acquisition of
certain fire -fighting equipment."
The resolution was read in full. Thereupon, Alderman
~ C~F~ moved its adoption, and the motion was seconded
by Ald~'rman' W~,2'L,,;,~ . The motion carrying with it the
adoption of the .resolution prevailed by the following vote:
AYES:
Aldermen Carpenter, Cross, Garrison, Oswald and
Williams
NOES: None.
The .Mayor announced that the resolution had been passed
and adopted.
¥
MINUTES APPROVED, this /he 22nd day of May, 1972.
/
City Secretary, City of'"~'lainvie~', T exa s
(City Seal)
A RESOLUTION by the City Council of the City
of Plainview~ Texas, authorizing execu-
tion and delivery of "CITY OF PLAINVIEW,
TEXAS, CERTIFICATES OF OBLIGATION~ SERIES
1971," for the purpose of paying contrac-
tual obligations of the City incurred for
the acquisition of certain fire-fighting
equipment.
WHEREAS, by ordinance duly passed and adopted on the
2nd day of August, 1971, this City C'ouncil authorized the issu-
ance of $99,000 in principal amount of obligations known as
"CITY OF PLAINVIEW, TEXAS~ CERTIFICATES OF OBLIGATION, SERIES
1971," dated August 1, 1971, and such certificates were authorized
to be issued for the purpose of paying contractual obligations of
the City incurred for the acquisition of certain fire-fighting
equipment, the total principal amount of certificates to be de-
livered for such purpose was not to exceed $99,000; and
WHEREAS, Certificates numbered 1 through 5 of said
series were scheduled to mature on 'May 1, 1972 (prior to the
delivery of the equipment being purchaSed) and it is proper to
provide, for the payment of the amount due the contractor by the
'delivery of $90,000 in principal amount of certificates and $9,000
in cash out of funds legally available 'for the purpose since all
of such fire-fighting equipment has now been delivered to the City,
been examined and found to be in accordance with the contract
execUted with Mack Trucks, Inc.; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF
PLA INVIEW:
SECTION 1: That the Mayor and City Secretary of the
City of Plainview, Texas, are hereby authorized and directed to
deliver $90,000 in principal amount of the certificates of obli-
gation known as "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF
OBLIGATION, SERIES 1971," to Mack Trucks, Inc., and the amount
of $9,834.72 to be paid in cash.
Immediately prior to the delivery of such certificates,
the City Treasurer shall register the same as obligations of the
City, and shall complete the registration ledger appearing on each
of the certificates in the manner prescribed by the ordinance
authlrizing~ their issuance..
SECTION 2: That the certificates herein authorized to
be e~ecute~-~ ~e~ivered are hereby found to be valid, subsist-
ing and binding obligations of the .City of Plainview, Texas, and
it is hereby speCifically and affirmatively adjudged and declared
that the City of Plainview has received full value and considera-
tion therefor and for the full amount thereof, and that all things
required by law to be done in the issuance and delivery of said
certificates and cash payment have happened and been performed in
due time, form and manner as required by law. This ascertainment'
is expressly made for the use, benefit and protection of the
initial holder and any-succeeding owner or holder of said certifi-
cates, the Attorney General of the State of Texas, and any other
attorney who shall pass upon the legality and validity of said
certificates, and the same shall be binding upon said City of
Plainview, Texas, the City Council of said City, and their
successors in office, until said certificates with interest thereon
have been fully paid and discharged.
SECTION 4: The appropriate officials of the City shall
carry out the' pr'o~isions~ of this resolution by causing the afore-
'said certificates to be executed, sealed, registered as obliga-
tions of the City, and registered in the name of the initial holder
thereof, and all actions of said City officials in so doing shall
be prima facie evidence that their official acts have been com-
pleted in all respects in the proper manner to give validity to
the certificates and cause the same to create a good, sufficient
and valid obligation against the City of Plainview, Texas.
SECTION 5: It is hereby ~ound and determined that at
t~e time o'f' 't'he l~y of taxes for the year (in the fall' of 1971)
a tax was levied to pay the principal of and interest on such
certificates as the same become due, particularly the principal
amount of $9,000 of such certificates scheduled to become due on
May 1, ·1972. The sum of $9,000 is on hand in the Interest and
Sinking Fund· for such certificates and such amount shall be applied
in 'direct payment of the Contractual obligation of the City -
rather than the delivery of certificates numbered 1 through 5. The
~Mayor, City Secretary and City Treas-rer (the custodian of the
said certificates by reason of Section 10 of the ordinance
authorizing the certificates)are hereby directed to cancel certifi-
cates numbered 1 through 5 of the above named series and cause
the $9,000 in the Interest and Sinking Fund to be applied to the
payment of the contractual obligations that ordinarily would be
presented by Certificates numbered 1 through 5.
The balance due said contractor in cash ($834.72) shall
be paid to said contractor out of funds legally available for
the purpose and heretofore appropriated and set aside.
SECTION 6: That this resolution shall take effect and
be in force immediately from and after its passage.
PASSED AND APPROV]~D, this the 22nd day of May, 1972.
Cilty of Plainview, Texas
ATTEST:
City Secretary, City of Plalnvlew,
Texas
(City Seal)
CERTIFICATE OF ADOPTION OF SIGNATURE
THE STATE OF. TEXAS )~
COUNTY OF HALE X
CITY OF PLA INVIEW X
WE,
JOHN Do STONEHAM Mayor, and
Mo L. REA City Secretary
i~ ~of the City of Plainview, Texas, DO HEREBY CERTIFY that on the
.date of the execution of this instrument, we are the duly chosen,
'.qualified and acting officers of 'the City of Plainview, Texas,
holding the offices indicated by the official titles set opposite
our names. '--
WE DO FURTHER CERTIFY that the "CITY OF PLAINVIEW, TEXAs,
CERTIFICATES OF OBLIGATION, SERIES 1971," dated August 1, 1971,
were duly printed and prepared for issuance in accordance With
the terms and provisions of the ordinance authorizing the issuance
~".' 'of said certificates, and that the interest coupons appurtenant
thereto are executed by the imprinted facsimile signatures of
LOUIS N. THOMAS as Mayor, and Mo Lo REA as City Secretary.
WE DO FURTHER CERTIFY that at the time of the actual
delivery of'said certificates.to the purchaser, the persons act-
ing in the capacity of~Mayor and City Secretary for said City were
JOHN D. STONEHAM as Mayor and Mo L. REA as City Secretary; and.that
the undersigned, JOHN Do STONEHAM succeeded to the office of the
person who executed or signed said coupons by his facsimile signam
ture.
THEREFORE,-I, JOHN Do sToNEHAM, in my official capacitY
as Mayor of the City of Plainview, Texas, DO CERTIFY that I have
adopted and do hereby .adopt, have ratified and do hereby ratify,
the facsimile signature of the aforesaid Louis N. Thomas as my'
own and as the signature of the Mayor of the City of Plainview,
Texas ~
WE DO FURTHER CERTIFY that no litigation of any nature
is now pending or threatened in anY way questioning the title of
the present officers to their respective offices; and that no
authority or proceedings for the issuance of said certificates
have been repealed, revoked or rescinded.
DONE AND DELIVERED at Plainview, Texas, this the ~' .
day of June, 1972..
?
~ $IGNATURE /
OFFICIAL TITLE
Mayor~ City of Plainview, Texas
City Secretary
(City Seal)
The signatures of John D. Stoneham and M. L. Rea as
City Secretary, respectively, as subscribed to the fore-
~tificate of adoption of signature dated June , , 1972,
certified to be true and genuine.
A~
CO~N
CASH RECEIPT
THE STATE OF TEXAS
X
Dallas, Texas, DO HEREBY CERTIFY that i have received payment of'
$9,834.72 in cash as partial payment of contract dated july 28,
1971, with the City of Pla inview, Texas, and in accordance with
resolution of the City of Plainview, Texas, relating to and making
provision for payment due MACK TRUCKS, INC. for certain fire-
fighting equipment, and in connection with the "City of Plainview,
Texas, Certificates of Obligation, Series 1971," dated August
1, 1971.
TO CERTIFY WHICH, witness my hand this the ~,,,~-~day of
May, 1972.
MACK TRUCKS, INC o
SWORN TO AND SUBSCRIBED BEFORE ME, this the ~~day
of May, 1972.
(Notary Seal)
ASSIGNMENT CERTIFICATE
THE STATE OF TEXAS
co y' 0F
X
X
THIS IS TO CERTIFY that MACK TRUCKS, INC. of Dallas,
Texas, has this day sold, transferred and delivered to Hale
County State Bank, Plainview, Texas, those certain registered
City certificates of obligation issued to MACK TRUCKS, INC. by
the City Council of the City of Plainview, Texas, said certifi-
cates heretofore having been issued for the purpose of paying
contractual obligations of the City' incurred for the acquisition
of certain fire'fighting equipment, as set out in the contract
executed by and between MACK TRUCKS, INC. and the City of Plain-
view, dated July 28, 1971, the certificates being described as
fOllows:
$90,000 "CITY OF PLAINVIEW, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1971," dated
August 1, 1971, numbered 6 through 23,
maturing May 1 in each of the 'years as
follows: $i0,000 in each of the years
1973 through 1981.
THIS IS TO CERTIFY FURTHER that said MACK TRUCKS, INC.
has received the above described certificates from the proper
'officials of said City in due course, and that said MACK TRUCKS,
INC. has received from'Hale County-State Bank, Plainview, Texas,
full value and consideration for said certificates.
EXECUTED a~z~/~f/Mz/~ .~?., Texas, this the
of. May, 1972.
day
MACK TRUCKS, INC.
SWORN.TO AND SUBSCRIBED BEFORE ME, this the~7~daY of
May, 1972.
(Notary Seal)
Notary/~%i6 in ah~
y C°unty, .
Tex~
MINUTES CITY COUNCIL SPBCIAL MEFiTING
May 22, 1972
Page 4
It was moved by Alderman Williams, seconded by Alderman Garrison, to
adopt Ordinance No. 72-124S, an ordinance prescribing the speed limit on
that portion of Ennis Street lying between llth Street and Olton Road to be
set for 40 m.p.h. With designation to school zone in Section 2. Motion
carried unanimous ly.~
It was moved by Alderman Carpenter, seconded by Alderman Cross, to
authorize the Mayor to sign a lease agreement between the City of. Plainview
and County of Hale and the United States of America for one room containing
151 square feet of floor space located on the third floor of the Airport
Traffic Control Tower Building located on the Hale County Airport, Plainview,
Texas, to be. used as a Federal Aviation Administration Airport Traffic Control
Tower training room for the fiscal, year beginning July 1, 1972, through June
30, 1973, at a rate of $264.25 per annum; option for renewal is included from
year to year until June 30, 1982. Motion carried unanimously.
It was moved by Alderman Garrison, seconded by .Alderman Oswald, to adopt
Appropriation Ordinance No. 72-1240A from the Running Water Draw Regional Park
Account 407 in the amount of $S9.42 payable to Midwest Reproduction Company
for blue prints for the proposed irrigation sprinkler system~ Motion carried
unanimously.
It was moved by Alderman Carpenter, seconded by Alderman Cross, to adopt
Appropriation'.Ordinance~ No~ UR 211-72 from the Sewer Bond Fund of 1966, Acct.
426, in the amount of $1,029.29 payable to Parkhilt, Smith and Cooper, Inc.
for engineering services at .the Water Reclamation Plant. Motion carried
unanimouSly.
Received for filing was 'a copy of the City of Plainview Newsletter, VolUme
II, Issue 19.
It was moved by' Alderman Williams, seconded by Alderman Cross, to adopt
Appropriation Ordinance No. UR 212-72 from the Water Bond Fund of 1966, Acct.
423, .in the amount~of $S,132.33 payable to Nova/{ Construction Co. for ConstrUc,
tion Estimate No. 6 on Water and Sewer Bxtensions contract dated July 20, 1971.
Motion carried unanimously.
MINUTES CITY COUNCIL SPECIAL MEETING
May 22, 1972
Page S
It was moved by Alderman Garrison, seconded by Alderman Oswald, to adopt
Appropriation Or~dinance No. 72-1246 from the Pro Rata Account 324 in the ~.
amount of $1,989.00 payable to Novak Construction Company for material for
the Water Department stock consisting of'2,210 L.F. 4" A.C~ water pipe. Motion
carried unanimouSly.
It was moved by Alderman Cross. seconded by Alderman Oswald, to authorize
the extension of a contract for liability insurance tO October 1, 1972, in
order to correspond with the City of Plainview's fiscal year. Motion carried
unanimous ly.
The Municipal Court' Report was read and 'discussed.
The Fund Activity Report was read and discussed.
I~e Investment. Summary Report was read and discussed.
The Personnel Report was read and discussed,
The Police Report was read and discUSsed.
The Fire Report was rea. d and discussed.
The Tax Report was read and discussed.
The Engineering .Report was read and discussed.
The Street Report was read and discussed,
The Sanitation Report was read and discussed.
The WarehoUSe Report was read and discussed.
The Animal Warden Report was read and discussed.
The Traffic Control Report was read and discussed.
The Building Report was read and discussed.
The Park Report was read and discussed.
.The Library Report was read and discussed.
The Utility Report was read and discussed.
MINUTES CITY CO3NCIL SPECIAL MEETING
Mmy 22, 1972
Page 6
The .Water Production and Treatment Report was read and discussed.
The Water Distribution Report was read and discussed.
The Sewer Maintenance Report was read and discussed.
The Summary of AirPort, Board of City Development, and City/County Health
Report was read and discussed.
The Analysis of Revenue and Payment of Bills Report was read and discussed.
It was moved by Alderman CarPenter, seconded by Alderman Cross, to approve
the reports for filing. Motion carried unanimously.
It was moved by Alderman CarPenter, seconded by'Alderman Garrison, to
adjourn the meeting. Motion carried unanimously. Meeting .adjourned at 9:38 p.m.
ATI~ST:
M. L. REA, City~Cle 'rk .
/
HN-D. STO~IR{~f,-Mayor