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HomeMy WebLinkAbout76 1026 minPLAINVIEW CITY COUNCIL AGENDA October 26, 1976 7:30 P. M. City Council Chambers 901 Broadway P1 ai nview, Texas CITY COUNCIL REGULAR MEETING INVOCATION: William SoRelle, Jr. II. HEARING VISITORS PRESENT: Ae Any person is invited to attend meetings of your City Council to discuss matters of individual concern, to present and dis- cuss proposals, to participate in public hearings or to be a visitor. If YOU are present to appear before the City Council for any item on the agenda, please advise the City Clerk and you will be heard at the earliest convenience. Should you have an item you want to appear on the agenda, please make your request known in writing to the Mayor or City Manager at least one week in advance of the reqular City Council meetings, held on the second and fourth Tuesday of each month. Your presence is appreciated and you are invited to attend any part or all of the City Council meetings. Article 6252-17, V.T.C.S., the Open Meetings Law, was revised effective September l, 1975 to require: l) Notice of any meet- ing to be posted in a public place readily accessible to the general public at all times; the City Council of the City of Plainview has authorized the posting to be in the Plainview City Hall and the Plainview Police Department reception area, which is readily accessible to the general public at all times, and 2) Any additional subject not previously included on the published and posted agenda shall be accompanied by a statement describing the nature of the urgent public necessity requiring their addition to the agenda. The policy of the City Council of the City of Plainview is that no additional items will be included on the published agenda later than 4:00 p.m,, Thursday, preceding the Council meeting unless accompanied by a statement describing the nature of the urgent public necessity requiring the addition to the agenda. Bo Receive for consideration, discussion and approval, appointments of members to the various boards, commissions, committees and authorities, as recommended by the Mayor: 1. Community Improvement Committee 2. Neighborhood Improvement Committee C. Receive for confirmation and oath of office, the following appointed authority, board, commission and committee members: Civil Defense Committee Board of Electrical Examiners Charles Cypert 10/78 John Hughes 9/77 D. Hearing Visitors Present: October 26, 1976 Page 2 III. IV. Ve BID OPENINGS: CITY COUNCIL REGULAR MEETING Ae Be Receive for consideration, discussion and award, bids received and tabulated for the park sprinkler system. (See attached tab- ulation sheet). Notice of the sale of surplus personal property at a public auction held Saturday, October 16th, at which all items auth- orized were sold for the amount of $1, 904.50. C. Reminder of the bid letting for.'the purchase of five (5) police cars bids to be received on November 9, 1976 . Reminder of the bid letting for the purchase of one (1) street sweeper to be purchased with Revenue Sharing Funds on November 9, 1976. PUBLIC HEARINGS: Notice of public hearing on the proposed 1977 Community Develop- ment Fund Project. Public hearing to be held at 7:30 P.M., Oct- ober 26, 1976. (See attached citizen's participation plan for the City of Plainview, Texas Community Development - 1977). 70NE CASES: Ao Receive for consideration and discussion, Zone Case No. 307, request of Gerald Hartgraves for rezoning the West 7 feet of Lot 8, Block 1, Shepard-Couch Addition, located at 1006 W. 24th, from an R-1 Zone to a C-1 Zone for Commercial Use. Be Receive for consideration, discussion and adoption, Ordinance No. 76~20~7, an ordinance amending the Zoning Map of the City of Plalnvlew. Receive for consideration~and discussion, Zone Case No. 308, request of R. Q. Silverthorne, for rezoning of lots 1 thru 26, Block 1, Lots 1 thru 11, and Lots 16 thru 26, Block 2, all in Howell Subdivision. All of the alley in Block 1,.Howell Sub- division. All of the alley abutting Lots 1 thru 12 and 16 thru 26, Block 2, Howell Subdivision. All of Xenia Street between Block 1 and Block 2, Howell Subdivision, except the 20 feet alley dedicated abutting lots 14 & 15 on the West and Lots 12 & 15 on the North. All in Block 2, Howell Subdivision. From an R-3 Zone to a Specific Use Zone, for use as a Shopping Center located in the 1400 Block of Yonkers Street. De Receive for consideration, discussion and adoption, Ordinance No. 76-2008, an ordinance amending the Zoning Map of the City of plainview. October 26, 1976 Page 3 CITY COUNCIL REGULAR MEETING E® Receive for consideration and discussion, Zone Case No. 309, request of B. B.~Howle for rezoning of a tract of land 211' x 236' out of Section 34, Block JK-2, from an R~I Zone to a C-1 Zone for Commercial use, located at 2211W. 24th. Receive for consideration, discussion and adoption, Ordinance No. 76-2009, an ordinance amending the Zoning Map of the City of Plainview. Ge Receive for consideration and discussion, Zone Case No. 310, Request of Jack Hayes in behalf of llth & 'Amarillo Church of Christ, for rezoning of lots 9 & 10, Block 2, Cowart Subdivi- sion, from an R-1 Zone to a C,1 Zone, to be used as a parking lot for the church, located at 1107 Amarillo. Receive for consideration, discussion and adoption, Ordinance No. 76-2010, an ordinance amending the Zoning Map of the City of Plainview. Receive for consideration and discussion, Zone Case No. 311, request Of Rev. Walter Griffin for rezoning of lot 18, Block 1, Carver Heights Addition from an R-1 Zone to a R-3 Zone for multiple family use, located at 201 E. Givens. Receive for consideration, discussion and adoption, Ordinance No. 76-2011, an ordinance amending the Zoning Map of the City of Plainview. Receive fOr consideration and discussion, Zone Case No. 312, request of Scott Clark for rezoning of Lot 3, Block 27, Col- lege Hill Addition from an R-2 Zone to a C-1 Zone for commer- cial use, located at 1704 W. 7th. kg Receive for consideration, discussion and adoption, Ordinance No. 76-2012, an ordinance amending the Zoning Map of the City of PI ainview. VI. APPROVAL OF MINUTES: VII. A~ Approval of minutes of the regular City Council meeting held on October 12, 1976. Receive for filing, copies of the following minutes: Housing Authority, S'eptember 21st; Board~.of Electrical Examiners, Oct- ober 5th~ Charitable Solicitations Commission, September 16th. AUTHORIZATION FOR STUDY, PREPARATION, INTRODUCTION AND ADOPTION OF ORDINANCES, RESOLUTIONS AND PROCLAMATIONS: A. Discuss proposed ordinances and continue study or authorize the City Attorney to prepare: CONTINUE 1. Study or authorize the City Attorney to prepare ordinances STUDY - ~ ~ October 26, 1976 Page 4 CONTINUE STUDY STUDY PFOR ADOPTION 10/76 STUDY FOR ADOPTION 10/76 CITY COUNCIL REGULAR MEETING and/or contracts designating an industrial park at the Plainview/Hal e County Airport. e Study or authorize the City Attorney to prepare ordinances and/or contracts designating an industrial park as recom- mended by the Plainview Industrial Foundation and approved by the City Council for the Gebo Company warehouse. Study or authorize the City Attorney to prepare an-ordinance regulating the solicitation of charitable contribUtions with- in the city limits of the City of Plainview, Texas; and set- ting forth certain regulations and requirements. ® Study or authorize the City Attorney to prepare an ordinance establishing a no parking zone on 24th Street from the East city limits to the right-of-way line of Interstate 27. Discuss and-authorize introduction of the following ordinances: Zoning Ordinance, an ordinance by the provisions of Article lOlla, revised Civil Statutes of Texas, establishing zoning regulations and districts in accordance with a comprehensive plan and within such districts regulating the use of land, building and structures; the height, -bulk and locations of buildings; establishing minimum requirements for off-street parking, regulating the erection, repair and alternation of all building and. structures; providing for specific use per- mits for certain uses; recognizing non-conforming uses and structures .a-nd rules for the regulation thereof; creating a board of adjustment ~and. providing r. ules and regulations for its organization procedure,-jurisdiction and powers; setting forth the requirements for building-sites and the manner of their creation providing for a certificate of occupancy and compliance; defining certain terms; adopting a zoning district map and making it part of this ordinance; making all figures, letters, markings, symbols-and charts containing in said or- dinance or shown on the map a part of this or.dinance; pro- viding a Penalty for violation of the provisions of such or- dinance not to exceed $200 for each violation; also providing injunctive relief'to persons affected by the violations of said ordinance; and providing a saving clause. 2~ An ordinance prescribing .rules and regulations governing plats, plans and subdivisions of land within the incorpor- ated area of Plainview, Texas, herein defined as the "City"; containing certain definitions providing for final approval of subdivisions by sections; prescribing regulations for streets, sidewalks, alleys, sanitary utilities and community faci 1 i ti es. Providing for a penalty of not more than $200 for each vio- lation thereof, repealing all conflicting ordinances; pro- viding a validity clause; and providing an effective date. October 26, 1976 Page 5 CITY COUNCIL REGULAR MEETING Receive for consideration, disc~ssi.on and introduction, an ordinance designating Austin Street, from 7th Street to 9th Street as parallel parking. Receive for consideration, discussion and adoption, ordinances previously introduced: 1. Receive for consideration, discussion and adoption, Ordinance No. 76-~999, an ordinance repealing Ordinance No. 75-1853, of the Ci't~ o"f Plainview. Receive for consideration, discussion and adopti.on, Ordinance No. 76-2000, an ordinance prohibiting the parking of vehicles on the West side of that part 'o-f Portland Street of the City of Plainview extending from the North boundary t~ine of Tenth Street to a point two hundred sixty-seven (267) feet North of the North boundary line of Tenth Street between the hours of eight A.M. and four P.M. during the day-s thati~school is being held in the Highland Elementary School; and providing a penalty. Receive for consideration, discussion and adoption, Ordinances creating an emergency, first reading: Receive for consideraton, discussion and adoption', Ordinance No. 76,2013, an ordinance prohibiting parking on a portion of Quincy Street in the City limits of the City of Plainview and providing a penalty for the violation thereof. (No parking on Quincy Street from 5th Street to 20th Street). Receive .for consideration, discussion and adoption, Appropriation Ordinances for the payment of bills which create an emergency: Receive for consideration, discussion and adoption, Appro- priation Ordinance No. CDl-O12 from the Community Develop- ment Account 429-750 in the amount of $25,517.32 payable to Luther D. Bain ano Mrs. S. E. Curry ~for the purchase of Curry Lake property for park development~and flood plain~ improvement. (Land amount $25,500,64 and Pro-rata taxes $16.68) e Receive for consideration, discussion and adoption, Appro- priation Ordinance No. CBI~O13 from the Community Develop- ment Account 429-680 in th'e amount of $3,159.21 payable to City of Plainview General Fund for contract work performed in demolition and clean up of: Lots No. 6, 7, 11 & 12, Block 3,.Molino ($ 995.60) Lots No. 1, 2, 3, 4, 5 & 6, Block 5, Wye #1 ($1174.94) Lot No. 7, Block 3, Molino Lot No. 15, Block 2, Molino ($ 988~77) October 26, 1976 Page 6 VIII. IX. XI. CITY COUNCIL REGULAR MEETING OLD BUSINESS: A. Receive for consideration and discussion, letter from Plainview Cable TV, concerning franchise tax. B. Discuss letter of~intent to ERA as previously approved, authorized and submitted. (See attached). NEW BUSINESS: Ae Receive for consideration and discussion, the moving of the agenda work session from November 4th, Thursday to November 3rd, Wednesday. B. Status reports on the following items: 1. 701 Comprehensive Master Plan 2. Community Development Grant Application 3. Community Development Grant Progress a. Curry Lake Project b. 1976 Assessment Paving Program ¢. Utility Extensions 4. Running Water Draw Flood Control Project 5~ Section 8 Housing Application 6. Texas Water Quality Board Application 7. ERA, Inc, Negotiations 8. State Highway 194 9. Interstate 27 10. U. S. Highway 70 11. Codification of. Ordinances 12. Flood Insurance 13. Economic Development Application 14. MBPXL Building 15. Housing Demolition Program 16. Voting Rights Act 1'7. Zoning Ordinance Adoption Procedure 18. Safe Water Drinking Act 19. Texas Dept. of Health, Sanitation Disposal Regulations 20. 16th Street Playa Lake DEPARTMENTAL REPORTS: A. Water Production & Water Reclamation MISCELLANEOUS: Ae Receive for consideration, discus-sion and approval, specifications; and authorize the advertising of bleachers for Broadway & Regional Parks. October 26, 1976 7:30 P. M. MINUTES CITY COUNCIL REGULAR MEETING 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 J. Robert Wayland presiding and the following Alderman present: Medlin Carpenter, Jeane Browning, Tom Almon, Lloyd Woods and William SoRelle. Also present were Marshall Pharr-¢ity Manager, M. L. Rea-City Clerk, Joe Sharp-~--~-- City Attorney, Harold Gl adman-Di rector of Planning, Johnnie Ballew-Director of Public Safety, Norman Huggins-Director of Finance, William R. Hogge-Director of Public Works, Billy Rogers-Park Supervisor, Bob Richards-Assistant Building Official, Bruce Bryon-Ad- ministrative Assistant. Also present were Gary Ott-Plainview Da.i.1S Herald, Jim Davis-Plainview Reporter News, Chuck Martin-KVOP Radio, Bill Bruder-KKYN Radio, Doug McDonough-Plainview Daily Herald, John Hughes, Erwin Davenport, Charles G. White, Craig B. Silverthorne, Dr. Hat- lan Wright, Charles Cypert, Vernon Clem, Bonnie Watson, R. O. Patrick, Mrs. R. O. Pat- rick, Arthur E. Neil, W. C. Boyd, Mrs. W. C. Boyd, Jim Harding, Wanda Harding, Wilson M. Green, Donald R. Fox, Donnie Myrick, Joe Ruiz, Mrs. Joe Ruiz, Nadine McMillon, Mrs. H. O. Heard, Henry Watson, Janell Watson, Marcus Breland, Freddye H. King, Mrs. Bud Gibbons, Scott Clark, Mrs. Scott Clark~ Walter Griffin, Jack Hayes, Bud Gibbons, Pat Poedeker, Margaret Robinson, Ethel Ramsower, Rex Ramsower, Jim Higdon, Paul Higdon, Tom Aday, Bennie E. Estes, Joe M. Clayton, V. Kain, Mr & Mrs Danning Laws, Mr & Mrs Dannie Laymon, Mr & Mrs Jerry Krentz, Sam Hiam, Joe J. Horn, M.D. and B. B. Howell. It was moved by Alderman Woods, seconded by Alderman Almon, to approve appointment of Mr. Bob Strong to the Community Improvement Committee and Mr. Paul Butler to the Neighborhood Improvement Committee. Motion carried unanimously. The following.were present to receive their certificates of appointments from Mayor Robert Wayland: Board of Electrical Examiners John Hughes 9/77 Civil Defense Committee Charles Cypert 10/78 It was moved by Alderman Carpenter, seconded by Alderman SoRelle, to award the bid October 26, 1976 Page 2 MINUTES CITY COUNCIL REGULAR MEETING of Broadway Park Sprinkler System to Texas Sprinkler Co., Inc. from Amarillo, Texas in the amount of $77, 240.15. Motion carried unanimously. The public auction held Saturday, October 16th for the sale of surplus personal property was held at the Municipal Service Center in which all items sold for a total of $1,904.50. Reminder of the bid letting for the purchase of five (5) police cars bids to be received on November 9, 1976. Reminder of the bid letting for the purchase of one (1) street sweeper to be pur- chased with Revenue Sharing Funds on November 23, 1976. Notice of public hearing on the proposed 1977 Community Development Fund Project. Public hearing to be held at 7:30 pm, October 26, 1976. It was moved by Alderman Browning, seconded by Alderman Woods, to adopt Ordinance No. 76-200~, an ordinance amending the Zoning Map of the City of Plainview for Zone Case No. 307; ahd approved.for the following reasons: 1) The basic land use conditions 1) The basic land use conditions havechanged 2) Change will not adversely affect living conditions in the neighborhood 3) Change will not bea deterrent to the improvement or developmeDt of adjacent area 4) Change will not adversely 'affect property values in the adjacent area Motion carried unanimously. (See page 4 for request of Zone Case No. 307)* Invocation was given by William SoRelle. After a very lengthy discussion on Zone Case No. 308, request of R. Q. Silver-'~ thorne (see attached), Mayor Wayland asked the Council to consider this zone case very carefully and state r~asons why opposed or in favor of. Alderman Lloyd Woods stated that he wanted to commend the audience for representing both sides. He could see how these people felt about the traffic because he went out to 16th and Yonkers last Friday around when school was out and saw the amount of traffic already the~e. The people with nice homes, just because they don't want a shopping cen- ter, does not apply or make a motion. He could see the problem of heavy traffic, talking October 26, 1976 Page 3 MINUTES CITY COUNCIL REGULAR MEETING about trucks, that would have access to the shopping center, either on 16th or Yonkers, would be a problem. It was moved by Alderman Lloyd Woods, seconded by Alderman Tom Almon, to deny the Zone Change on Zone Case No. 308, for the following reasons: 1) It would adversely influence the living conditions in the neighborhood, 2) It will change, create, or accessively increase traffic con~es~ion, 3) It could very well adversely affect property values in the adjacent area, and 4) It might even constitute a grant of a special privilege to an individual as contrasted to the general welfare. Alderman Medlin Carpenter stated that he was on the 1966 zoning when this was com- mercial use. The area has changed population wise since that time; then there were not as many apartments and traffic. He agreed with the people who were opposed to this zone case change. Motion carried unanimously to deny Zone Case Change No. 308. It was moved by Alderman Woods, seconded by Alderman Carpenter, to approve Zone Case No. 309.~ Motion carried unanimously. (Alderman Tom Almon was absent from room and asked to be excused since he worked for one of the individuals.) It was moved by Alderman SoRelle, seconded by Alderman Browning, to adopt Ordinance No. 76-2008, an ordinance amending the Zoning Map of the City of Plainvi~w on Zone Case No. 309, for the following reasons: 1) Change is not contrary to established land use pattern 2} Change is in the best interest of the general welfare 3) Change will not create excessive traffic congestion and, 4) Change will not adversely affect property values. Motion carried unanimously. (See page 4 for Zone Case No. 309 request).* It was moved by Alderman Carpenter, seconded by Alderman Browning, to approve Zone Case No. 310, request of Jack Hayes in behalf of llth & Amarillo Church of Christ, for rezoning of lots 9 & 10, Block 2, Cowart Subdivision, from an R-1 Zone to a C-1 Zone, to be used as a parking lot for the church, located at 1107 Amarillo. Motion carried unanimously. October 26, 1976 Page 4 MINUTES CITY COUNCIL REGULAR MEETING It was moved by Alderman Browning, seconded by Alderman Almon, to adopt Ordinance No. 76-2009, an ordinance amending the Zoning Map of the City of Plainview for Zone Case No. 310, for the following reasons: 1) Change will not seriously reduce the light and air to adjacent areas, 2) Change will not create excessive traffic congestion, 3) Change would not alter the population density pattern, and 4) Change is in the best interest of the general welfare. Motion carried unanimously. *Zone Case No. 307, request of Gerald Hartgraves for rezoning the West 7 feet of Lot 8, Block 1, Shepard-Couch Addition, located at 1006 W. 24th, from an R-1 Zone to a C-1 Zone for Commercial use. *Zone Case No. 309, request of B. B. Howle for rezoning of a tract of land 211' x 236' out of Section 34, Block JK-2, from an R-1 Zone to a C-1 Zone for Commercial use, located at 2211 W. 24th. It was moved by Alderman SoRelle, seconded by Alderman Browning, to approve Zone Case No. 311, request of Rev. Walter Griffin for rezoning of Lot 18, Block 1, Carver Heights Addition.'~from an R-1 Zone to a R-3 Zone for multiple family use, located at 201 E. Givens. Motion carried unanimously. It was moved by Alderman Almon, seconded by Alderm-an Woods, to adopt Ordinance No. 76-2010, an ordinance amending the zoning Map of the City of Plainview for Zone Case No. 311, for the following reasons: 1) Change will not adversely influence living conditions. 2) Change will not adversely affect property values in adjacent areas, 3) Change will not be a deterrant to development of adjacent areas, and 4) Change will not excessively increase traffic congestion. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Woods, .to approve Zone Case No. 312, request of Scott. Clark for rezoning of Lot 3, Block 27, College Hill Addition from an ~-2 Zone to a C-1 Zone for commercial use, located at 1704 W. 7th. Motion car- ried unanimously. October 26, 1976 Page 5 MINUTES CITY COUNCIL REGULAR MEETING It was moved by Alderman Almon, seconded by Alderman SoRelle, to adopt Ordinance No. 76-2011, an ordinance amending the Zoning Map of the City of Plainview for Zone Case No. 312, for the following reasons: 1) Change is not contrary to established land use pattern, 2) Change will not alter population density pattern, 3) Change will not adversely affect property values in the area, and 4) Theme are substantial reasons why the property cannot be used in accordance with existing zoning. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the minutes of the regular City Council meeting held on October 12, 1976. Motion carried unanimously. Received for filing, copies of the following minutes: Housing Authority, Board of Electrical Examiners, Charitable Solicitations Commission.° The City Council is continuing the study of an industrial park at the Plainview/ Hale County Airport. The study is continuing on an industrial park for the Gebo Company warehouse. The study is continuing on preparation of an ordinance regulating the solicita- tion of charitable contributions within the city limits of the City of Plainview. Joe Sharp-City Attorney is preparing an ordinance establishing a no parking zone on 24th Street from the East city limits to the right-of-way line of Interstate 27; and will be ready for introdUction at the next meeting, November 9, 1976. The City Council is continuing the study on the zoning ordinance and a subdivision regulations ordinance~ and is in the preparation stage. It was moved by Alderman Almon, seconded by Alderman Woods, to approve '~the intro- duction of an ordinance designating Austin Street, from 7th to 9th Streets as parallel parking. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Browning, to adopt Ordinance No. 76-1999, an ordinance repealing Ordinance No. 75-1853, of the City of Plainview. October 26, 1976 Page 6 MINUTES CITY COUNCIL REGULAR MEETING Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Woods, to adopt Ordinance No. 76-2000, an ordinance prohibiting the parking of vehicles on the West side of that part of Portland Street of the City of Plainview extending from the North boundary line of 10th Street to a point 267 feet North of the North boundary line of 10th Street be- tween the hours of 8:00 am and 4:00 pm during the days that school is being held in the Highland Elementary School; and prOviding a penalty. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman SoRelle, to adopt Ordinance No. 76-2012, an ordinance prohibiting parking on a portion of Quincy Street in the city limits of the City of Plainview and providing a penalty for the violation thereof. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Browning, to adopt Appropria- tion Ordinance No. CDI-O12, from the Community Development Account 429-750 in the amount of $25,517.32 payable to Luther D. Bain and Mrs. S. E. Curry for the purchase of Curry Lake property for park development and flood p~lain improvement. Motion carried unani- mously. It was moved by Alderman Browning, seconded by Alderman Carpenter, to adopt Appro- priation Ordinance CDI-O13 from the Community Development Account 429-680 in the amount of $3,159.31 payable to City of Plainview General Fund for contract work performed in demolition and clean up of: Lots 6,7,11 & 12, Block 3, Molino; Lots 1,2,-3,4,5 &'~6, '~ Block 5, Wye #1; Lot 7, Block 3, Molino; and Lot 15, Block 2, Molino. Motion carried unanimous ly. The letter from Plainview Cable TV concerning the franchise tax is still under study. It was moved by Alderman Woods, seconded by Alderman SoRelle, to approve and auth- orize and submit the letter of intent to ERA with Mayor's Wayland signature. Motion carried unanimously. October 26, 1976 Page 7 MINUTES CITY COUNCIL REGULAR MEETING It was moved by Alderman SoRelle, seconded by Alderman Carpenter, to approve the moving of the agenda work session from November 4th, Thursday, to November 3rd, Wednes- day. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Almon, to approve the speci- fications and authorize the advertising of bids for bleachers for Broadway and Regional Park. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to file the monthly reports~and adjourn the meeting there being no further business. Motion carried unanimously. Meeting adjourned at 10:00 A.M. ATTEST: M. L. REA, City Clerk ROBERT WAYLAND, Mayo~