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HomeMy WebLinkAbout72 0717 minMINUTES CITY COUNCIL REGULAR MEETING July 17, 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: 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, Wm. R. Hogge-Director of Public Works, Johrmie Ballew- Director of Public Safety, Harold Gladman-Director of Plarming, Norman Huggins- Director of Finance, Robert Barnett-Director of Parks and Recreation, and Larry Martin-Administrative Assistant. Visitors ~included Orville Atkinson and W. T. McDaniel. Invocation was given by Mayor Stoneham. Discussion was held on Zone Case No. 222, request of Franklin Ebeting for rezoning of Lots 1 ~ 2, Block 1, Bbeling Subdivision, from a C-2 Zone to a M-1 Zone and located at 1606 West 24th. It was moved by Alderman Williams, seconded by Alderman Cross, to approve the zone change and to adopt Ordinance No. 72-1255, an ordinance amending the Zoning Map of the City of Plainview as proposed in Zone Case No. 222. Motion carried unanimously. Discussion was held on Zone Case No. 226, request of W. T. McDaniel for rezoning of Lots 15 and the South 139 feet of Lots 1-2-3, Block 9, Central Park Addition from a R-3 Zone to a C-2 Zone, located at 1114 Baltimore for commercial use. It was moved by Alderman Oswald, seconded by Alderman Williams, to approve the zone change and to adopt Ordinance No. 72-1256, an ordinance amending the Zoning Map of the City of Plainview as proposed in Zone Case No, 226. Motion carried unanimously. Discussion was held on Zone Case No. 227, request or Orville Atkinson for rezoning a tract of land from a R-1 Zone to a C-1 Zone for commercial use located in the 2800 and 2900 block of West 24th Street. It was moved by Alderman Oswald, seconded by Alderman Williams, to approve the zone change and to adopt Ordinance No. 72-1257, an ordinance amending the Zoning Map of the City of Plainview as propoSed in Zone Case No. 227. Motion carried unanimously. MINUTES CITY COUNCIL REGU~kR~TING July 17, 1972 Page 2 It was moved byAldermanWilliams, seconded by AldermanOsWald, to approve the minutes of the City Council meeting held July 3, 1972. Motion carried unanimously. Minutes of the Planning Board and Zoning Commission meeting held June 22, Board of Adjustment meeting held June 27, and Airport Board meeting held July 5, 1972, were received for filing. Discussion was held on the proposed 701 Planning Grant. It was moved by Aldeman Carpenter, seconded byAldemanWilliams, to authorize ~ntering into contract with the State of Texas, Department of Conmmunity Affairs, for the aerial mapping pre-phase of the 701 Plan and to authorize one-third payment ....... ($1,000.00) for the aerial mapping. Motion carried unanimously. It was moved by AldermanWilliams, seconded byAlderman Carpenter, to authorize the appointment of the law rim of McGinnis, Lochridge, and Kilgore located in Austin to represent the Canadian River Municipal Water Authority in the upcoming suit. Motion carried unanimously. Discussion was held on the proposal to Hale County Commissioner's Court concerning the sanitation landfiI1. Discussion was held on information relating to the proposed city of Plainview/ Hale County fire service contract. Discussion was held~on letters of intent to the Department of Housin~ and Urban Development with regard to the Neighborhood Development Program and the Code Enforcement Grant. It was moved by Alderman Carpenter, seconded byAldermanCrosS, to adopt Ordinance No. 72-12S8, an ordinance prohibiting parking on the East side of ~ Denver Street lying between the North boundary line of SthStreet and the South boundary line .of the first alley North of Sth Street. Motion carried unanimously. It was moved byAldermanWilliams, seconded byAlderman Carpenter, to adopt Ordinance Noi'72-12S9, an ordinance providing for a 22 foot, 10 inch loading zone on the South side of West 6th Street between Austin Street and the alley running North and South parallel to Austin Street between Austin Street and Broadway. F~tion carriedunanimously. STATE OF TE~L~S COUNTY OF HALE : CITY OF PLAIN-VIEW BE IT KNOWN that at a regular meeting of the City Council of the City of Plainview, held at the City Hall on the !7th day of July, A. D. 1972, the. following resolution was introduced and passed by unanimous vote of the City Council of the City of Plainview, a quorum being present. A RESOLUTION "BE IT RESOL~VED, That the permission and easement from the City of Plainview to J. R. de Cordova and wife, Merle de Cordova to maintain a portion of the garage in the alley subject to the terms and con- ditions of the instrument attached be granted. "BE IT FUtLTHER RESOLVED, That the Mayor of the City of Plainview is hereby authorized and directed to execute on the part of said City the said easement attached hereto, the same having been granted subject to the terms and conditions of said indemnity agreement and provisions contained therein". ATTEST: PASSED this the 17th day of July, A.-D. 1972. / M. L. REA, Ci~TY CLERK STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW I, M. ~. REA, City Clerk of the City of Piainview to hereby certify that the above and foregoing resolution is a true and correct copy of resolution passed by the City Council of the City of Plainview on the date therein stated; TO WHICH I CERTIFY. · CLERK, CITY OF PLAI~VIEW STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared M. L. REA, City Clerk of the City of Plainview, knwon to me to be the person whose name is subscribed to the foregoing in- strment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This / 7 -~ day of ~uly, A..rD. 1972. Notar) Public, Hale County, Texas STATE OF TEXAS COUNTY OF HALE WHEREAS, J. R. de CORDOVA and wife, MERLE de CORDCVA are the owners of all of Lot 7, Block 15, College Hill Addition to the Town of Plainview, Hale County, Texas; and WHEREAS, a recent survey of the premises shows that the garage as originally constructed thereon extends approximately two feet South of the South boundary line and therefore, would be extending into the alley which run~ along the South boundary line of these premises; and WHEREAS, said premises have been constructed for approximately fifty years (50 yrs.) and said garage has been so located for that length of time; and WHEREAS, it would be expensive and would prcatically demolish the said garage as constructed to have to move it, since it has a concrete floor and the furnishing are also set in concrete; and WHEREAS, the owners, J. R. de Cordova and wife, Merle de Cordova, have applied to the City Council of the City of Plainview for permision to keep and maintain said garage in the place where it is located. That the survey and plat prepared by Ca~l Willi~mm., Registered Public Surveyor of the State of Texas is attached hereto to show the relative locafiion of said garage in relation to the alley herein mentioned. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, City of Plainview, hereby grants the above named land owhers, their -heirs and assigns, an easement and permission to maintain said garage in the place where it is located, and in consideration thereof the said Grantees agree for them- selves, their heirs and assigns, that they will indemnify and hold the City of Plainview harmless from any damages which may occur by reason of grant- ing of this easement and permission, and agree to indemnify and hold harm- less the City of Plainview from any damages to said garage by reason of its construction partly over in the dedicated alley or from any and all causes of action, claims or damages which may arise because of the location of said garge in and on said alley or any part thereof. It is understood and agreed that in the event tha building is ever torn down, demolished or moved from t this permission and easement wilI automatically termin~ EXECUTED, this the /~_~day of .T&4 ~ ~ A. D. 1972. said garage e premises that .re. ATTE ST: CLERK CITY OF PLAINVIEW _STONEHA_~; MAYOR STATE OF TEXAS COUNTY OF HALE MERLE de CORDOVA LAND OWNERS BEFORE ME, the undersigned authority, on this day personally appeared JOHN STONEHAM, Mayor of the City of Plainview, a Municipal Corporation, known to me ~o be the person and offficer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therei~.-stated, and as the act and deed of said corporation. --_IVE~ UNDER_._ MY HAND AND SEAL OF OFFICE, This 17 day of , A. D. 1972. STATE OF TEXAS Nota~ Public, Hale County, Texas COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared J. R. de CORDOVA and wife, MERLE de CORDOVA, known to me to be the persons whose names are subscribed to the foregoing in strument,and acknowledged to me that they executed the same for the purposes and consideration therein expressed~ GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_c~day of ~/-~ , A. D. 1972. Notary P~blic, Hale County, Texas Z Lol No. '7 ALLEY Lot '7 Block 15 College Hill Addition Plainvlew, Texas Hale County CERTiFiCATE l, Carl V¥tlttarns, Registered Pubitc Surveyor of Texas, do hereby eePflfy ~hal ! ha~e surveyed lhe ~ove descPlbed pPo~rly o~ ~he above pla,. ThePe am ~ encPoach~ents fPom lhe ou~slde Plainvlew, Texas August 9, 19,72 , ~®gister, ed Public Sur~veyor, of Texas. Lot ALLEY ~0 o ? ,,-, j J Lot ? Block I $ College F:til Addition Pl~invlew, Texas t~ale County CE R T~ F I CAT E ! ~ C~r-i Willtams~ ~egister'ed Public Sur'veyor- of Texas ~ do hereby certify that ] have surveyed the a~bove described proi~rty and thet the improvements ape the ~ize and ~re located as shown on the above plat. There are no encroachments from the outside EX~, the gsrage on the ~doPth side extends 1 ~/2 feet on this lot. Plsinview, Texas July lO, i~ '~ Su~veyo¢ of Texas. MINUTES CITY COUNCIL REGULAR MEETING July 17, 1972 Page 3 Financing for the 1972 Seal Coating Program wa§ discussed. It was moved by Alderman Williams, seconded ~ by Alderman Cross, to authorize the full price of $25,008.21 on the paving program. Motion carried unanimously. It was moved by Alderman Oswald, seconded by Alderman Carpenter, to authorize the preparation of a contract between Mildred I. Tull and the City of Plainview for the purchase of a tract of land due West of the Unger Memorial Library in the amount of $7,500.00 to be used as a parking area for the Unger Memorial Library. Motion carried unanimously. It was moved by Alderman Williams, seconded by Alderman Carpenter, to authorize advertising for bids on a pickup to be used as a replacement vehicle~ for the Parks and Recreation Department. Motion carried unanimously. Received for filing was a copy of the City of Plainview Newsletter, Volume II, Issue 20, dated July 17, 1972. It was moved by Alderman Carpenter, seconded by Alderman Williams, to approve the reappointment of Mr. M. R. Snyder on the Canadian River M~nicipal Water Authority Board for a two year term beginning August 1, 1972. Motion carried unanimously. It was moved by Alderman Williams, seconded by Alderman O~wald, to authorize preparation of a check in the amount of $5,292.55 to be paid to Municipal Investment Corporation upon receipt of the remainder of the pa~ing lien certificates and release of the escrow account. Motion carried unanimously. Discussion was held on the paving estimate of Joliet Street. Action was deferred until a later date. It was moved by Alderman Williams, seconded ~ by Alderman Carpenter, to adopt a resolution authorizing J. R. de Cordova to maintain a portion of the garage in the alley on property, located in Lot 7, Block 15, College Hill Addition. Motion carried unanimously. T~e M~micipal Court Report was read and discussed. 223 MINUTES CITY COUNCIL REGULAR MEETING July 17, 1972 Page 4 The Fund Activity Report was read and discusse~. The Investment Sunmary Report was read and discussed. The Personnel Report was read and discussed. The Police Report was read and discussed. The Fire Report was read'and discussed. The Tax Report was read and discussed. The Engineering Report was read and discussed. The Street Report was read and discussed. ~ .... The Animal Warden Report was read and discussed. The Traffic Control Report was read and discussed. The Weed Mowing and Vector Control Report was read and discussed. 'The Building Report was read and discussed. The Park and Recreation Report was read and discussed. The Library Report was read and discussed. The Utility Report was read and discussed. 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 Oswald, to approve the reports for filing. Motion carried unanimously. MINUTES CITY COUNCIL REGULAR MEETING July 17, 1972 Page 5 It was moved by Alderman Carpenter, seconded By Alderman Oswald, to adjourn the meeting. Motion carried unanimously. Meeting adjOUrned at 9:14 p.m. / ATTEST: M. L. REA, City Clerk