HomeMy WebLinkAbout75 0527 minMINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
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, Richard Cross, and Jeane Browning.
Also present were Marshall Pharr-City Manager, Joe Sharp-City Attorney, M. L.
Rea-City Clerk, Wm. R. Hogge-Director of Public Works, Harold Gladman-Director of
Planning, Johnnie Ballew-Director of Public Safety, Norman Huggins-Director of
Finance, Bill Rogers-Park & Recreation Supervisor, Mike McGregor-Administrative
Assistant, and Linda Fisch-Administrative Secretary. Visitors included Tom Almon,
Mrs. Tom Almon, Charlotte Almon, Hugh Smith, Mark Turnbough, Robert Barnett, L.
James Robison, Isauro Gutierrez, N. C. Jenkins, Mr. & Mrs. James Hearn, Don Meador,
Wendell Gailey, Mamie Hemphill, Robert Luckie, LeWard HoodzPlainvie~ Daily Herald,
Don RichardS-PlainView Reporter'News, Chuck Martin-KVOP Radio, Bill Bruder-KKYN
Radio, and Charles Bechtold-KAMR TV & KGNC Radio.
Invocation was given by Marshall Pharr.
It was moved by Alderman Browning, seconded by Alderman Cross, to approve the
appointment of Mrs. Virginia Johnson as a member t6 the City/County Health Board
to serve a term expiring May 1977. Motion carried unanimously. (Mrs. Johnson
replaces Mrs. Harold Neis.)
It was moved by Alderman Browning, seconded by Alderman Garrison, to approve
the appointment of Dr. James Campbell as a member to the City/County Health Board
to serve a term expiring May 1977. Motion carried unanimously. (Dr. Campbell
replaces Dr. Randall Heye.)
Isauro Gutierrez received a certificate of appointment to the Parks, Open
Space, and Recreation Advisory Committee.
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page 2
J. Bassett Smith announced to the Council that the Bar-None Rodeo will be held
in Plainview June 19th-21st and requested a proclamation designating that week of
June 15th-21st as "Bar-None Rodeo Week".
Discussion was reopened on Zone Case No. 267, request of Mamie Hemphill for
rezoning of Lot 10, Block 9, Wye Addition Unit No. 4, located at 108 W. Campbell
from a R-3 Zone to a C-1 Zone for commercial use. It was moved by Alderman
Garrison, seconded by Alderman Cross, to adopt Ordinance No. 75-1812, an ordinance
amending the Zoning Map of the City of Plainview as proposed in Zone Case No. 267.
Motion carried unanimously.
A tabulation sheet was received on bids received on repair of the electrical
system at the water works facility located at 12th & Smyth. Bids were received from
the following: R. C. Hodges Electric, Inc. - $5,920; Greet Electric Co., Inc. -
$5,699; Tarver Electric Co. - $5,280; and City Electric Co. and Vic's Electric - No
Bids. It was moved by Alderman Browning, seconded by Alderman Garrison, to award
the contract to the lowest bidder, Tarver Etect~ic Co. in the amount of $5,280.
Motion carried unanimously.
Announcement of award on automotive lubrication equipment was postponed until
the regular meeting held June 10th.
It was moved by Alderman Garrison, seconded by Alderman Browning, to receive
bids June 17, 1975, for the purchase of one (1) mower for the Park and Recreation
Department. Motion carried unanimously.
It was moved by Alderman Cross, seconded by Alderman Garrison, to approve the
minutes of the regular City Council meeting held May 13, 1975. Motion carried
unanimously.
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page
Received for filing were copies of minutes of the Citizen's Traffic Safety
Committee meeting held May 14th; Parks, Open Space, and Recreation Advisory Committee
meeting held May 12th; Planning Board and Zoning Commission meeting held May t2th
and 22nd; Plainview Housing Authority meeting held May 13th; Hale County Airport
Board meeting held May t4th; and Board of Adjustment meeting held May 19th.
Discussion was held on a request of two-hour parking areas in the downtown area
as recommended by the Central Business District Improvement Advisory Committee. It
was moved by Alderman Browning, seconded by Alderman Garrison, to authorize the
City Attorney to prepare an ordinance establishing two-hour parking in the following
areas: (1) on the east side of Broadway from the corner of 8th Street through
the 600 block,
(2) on the west side of Broadway from the corner of 8th Street through
the 500 block,
(3) on the north side of 6th Street in the 100 block, Broadway to Ash,
(4) on the south and north side of 7th Street from Broadway to Austin.
Motion carried unanimously.
Action on an ordinance setting rates for furnishing public records, providing
for acceptance and an effective date was postponed for further study and possible
inclusion of map charges.
It was moved by Alderman Cross, seconded by Alderman Garrison, to adopt
Appropriation Ordinance No. 75-.~0 from the General Fund Unappropriated Surplus
Account 611-603 in the amount of $80,000 payable to Account 603-515 for payment
to Fred Keesee, Jr. on purchase of easement on Running Water Draw Soil Conservation
Service Dam Site #4. Motion carried unanimously. (County has' reimbursed $15,000.)
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page 4
Discussion was held on the progress of the Running Water Draw Site #4
acquisition. It was moved by Alderman Browning, seconded by Alderman Garrison, to
authorize the Mayor to sign the contract between the City of Plainview and Fred
Keesee, Jr., on easement acquisition. Motion carried unanimously. (C75-0!5)
It was moved by Alderman Cross, seconded by Alderman Garrison, to authorize
the City Attorney to prepare an ordinance and warrant authorizing the Mayor to
borrow funds needed in obtaining the City of Plainview's portion of easement acqui-
sition. Motion carried unanimously. (Total amount approximately $17,500.)
It was moved by Alderman Garrison, seconded by Alderman Cross, to adopt
Appropriation Ordinance No..75-1811 from the Revenue Sharing Account 427-701 in
the amount of $250 payable to Jasper Wood Fire Extinguishers for five (5) fire
extinguishers for the service center. Motion carried unanimously.
It was moved by Alderman Cross, seconded by Alderman Browning, to approve an
alley use permit (C75-014) in the 1100 block between Broadway Street and North
Austin Street. Motion carried unanimously. (Per request of Fred Garrison due
to vandalism.)
It was moved by Alderman Browning, seconded by Alderman Cross, to approve
obtaining the right-of-way by prescription method on Independence Street (North
half) between 5th and 6th Streets. Motion carmied unanimously.
It was moved by Alderman Garrison, seconded by Alderman Cross, to apprQve 'paving
and widening of the street in the 100 block of East 9th Street at a cost of $7,250.
Motion carried unanimously. (This was originally requested by the Plainview Daily
Heral~and was not a part of the 1974 Assessment Paving Program.)
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page 5
Discussion was held on the request of Knox, Gailey, and Meador for waiver of
the penalty clause in the contract for the City of Plainview service center. Don
Meador presented his views on waiver of the penalty clause. It was announced that
his information would be taken into consideration and a decision would be made at
the meeting held June 10th.
Mayor Stoneham announced that he will schedule a meeting with members of the
City Council, County Commissioners, Airport Board, and any other interested parties
regarding means and methods of financing repair and upkeep of the Hale County
Airport.
City Attorney Joe Sharp administered the oath of office to the newly elected
Alderman for Place 4, Tom Almon. Richard Cross was presented a plaque and "key"
to the City for his past service.
Discussion was held on the insurance settlement on the police car recently
damaged in an auto accident and advertising for bids for replacement of the vehicle.
It was moved by Alderman Garrison, seconded by Alderman Browning, to accept a
settlement from the insurance company and the salvage cost for disposal of the
vehicle (both totaling $2,700 to apply to the purchase of a new vehicle) and to
authorize advertising for bids on a replacement vehicle. Motion carried unanimously.
It was moved by Alderman Browning, seconded by Alderman Garrison, to approve
the proposed budget calendar which includes the date of hearing of outside agencies,
date of council work sessions, proposed filing date, public hearing date, and adoption
date. Motion carried unanimously. It was stated that June 4th is designed as the
date to hear requests regarding the proposed budget made by the City/County Health
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page 6
Board; City/County Airport Board; Unger Memorial Library Advisory Committee; Board
of City Development; Park, Open Space, and Recreation Advisory Committee; Citizen's
Traffic Safety Advisory Committee; Municipal Civil Defense and Disaster Relief
Committee; Municipal Court Judge; and City Attorney.
It was moved by Alderman Almon, seconded by Alderman Garrison, to approve a
request made by the Downtown Merchant's Association regarding placing planters on
the sidewalk in the downtown area. Motion carried unanimously.
The following items were received for filing:
Information concerning the comparison of estimated and final cost of
project construction and repayment to Canadian River Municipal Water
AUthority,
City of Plainview Newsletter, Volume V, Issue 54,
Gas adjustment schedule for the month of April provided by Pioneer
Natural Gas Company, and
Water Production and Treatment Report.
Bill Rogers, Park and Recreation Supervisor, presented a recommendation of
the Park, Open Space, and Recreation Advisory Committee regarding the formation of
a Zoological Society. Mr. Rogers was instructed to study various ordinances for
formation of such a group.
Robert Barnett, Central Plains Community Action Program, presented a request
to the Council regarding use of the Booker T. Washington swimming pool in order to
coordinate activities with the gymnasium and neighborhood center. It was moved by
Alderman Garrison, seconded by Alderman Browning, to authorize the City Attorney
to prepare a lease for said request and to authorize the Mayor to sign the lease
agreement. Motion carried unanimously. (The CPCAP will provide personnel and the
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page 7
City of Plainview will provide water and chemicals as in-kind services.)
It was moved by Alderman Browning, seconded by Alderman Garrison, to authorize
the City of Ptainview to enter into contract with Mr. Bill Moore to remove debris
at 410 West 7th at a cost of $1,350. Motion carried unanimously.
It was moved by Alderman Garrison, seconded by Alderman Almon, to authorize
the Mayor to negotiate and accept a deed to the MBPXL corporate headquarter building
as proposed by MBPXL. Motion carried unanimously.
It was moved by Alderman Garrison, seconded by Alderman Browning, to authorize
a 1947 International tractor used by the Street Department to be declared surplus
property and to accept quotes for the sale of same. Motion carried unanimously.
It was moved by Alderman Garrison, seconded by Alderman Browning, to adjourn
the meeting. Motion carried unanimously. Meeting adjourned at 9:25 p.m.
/fO~N'D. ST~NEHAM, Mayor
ATTEST:
M. L. REA, City Clerk
MINIfI~S CITY COUNCIL.REGULARMEETING
May 27, 1975
~ne~CityCounciI of the City of'Plainview met in. regular session at 7:30 p.m.
imthe Council Chambers of theCity Hall with Mayor John Do Stoneham presiding and
the followi g Alder~m~n present: Keltz~Gaz~ison, Richard Cross, and Jeane Brownimgo
Also present wereMa~shall Phar~-City'Manager, Joe Sharp-City Attorney, M. L.
Rea-City'Clerk',-Wm. R, Ho~ge-Director of Public Works, Harold Gtadman-Director of
Planming, Johmnie .Ballew-Director~:of Public .Safety, Nortnan Huggins-Director of
Finance, Bii1RoEers-Park & Recreation Supervisor, Mike McGregor-Administrative
Assistant', amdiLinda FisCh-Administrative Secretary.' Visitors includedTomAlmon~,~
james RohiSon,
Mm~Turnbough, Robert Barnett, L.
~. C.~ Jenkins, Mr. g Mrs.~James Hear~, Don Mead~.
Wendell Gailey,~ Mamie Hemphill, Roher~ Luckie, LeWard Hood~Plainview Daily Herald?
Bom Richa~ds'P~nview ReporterNews, ChUck Mar~in-KVOP Radio, Bill Bruder-KKYN
Radio,~and. Charles Bechtold-K~3{R TV ~,"-KGNC Radio. ~
Invocation was given.by Marshall Pharr.
I~ms mo, v~d hy Alderman Browning, seconded by :Alderman Cross ,..to approve
appointment 9f Mrs. Virginia Johnson asa member to the City/County Health Boar~
to Serve a te~mexpiring May 1977. Motion carried unanimously. (Mrs. JOhnson
replaces Mrs.~ Harold Neis.).
It was moved ~'b~' Alderman "~'~ .........
Br6w~ing, s~d°~d~'~Y~derman Garrison, to approve
the appoin~mt of Dm. James Campbell as a me,em to the City/County Health Board
MotiOn ca~ied.unanimously. (Dr. Campb~//
r~places Dr. RandallHeye.)
Isau~o Gutierrez received.a',certificate.of.appointment to the Parks,
SPace, and Recreation Advisory Committee.
MINUTES CITY COUNCIL REGULARMEETING
May .27, lg75
Page 2
J. Bassett Smith announced to the Council that the Bsm-None Rodeo will be held
in Plai~iew June igth-21st and requested a pl~0clamation designating that week of
June i5th-21st as "Bam-Noue Rodeo Week".
Discussion was reopened on Zone Case No. 2.67, request of Mamie Hemphill for
reZ°ning of Lot 10,'m:Block 9, Wye A~diti'on Unit No. 4, located at 108 W. Campbell
f~om a R-3 Zone to a C-1 Zone for commercial use. It was moved by Alderman
Garrison- seconded by Alderman Cross, to adopt Ordinance No. 75-1812, an ordinance
amending the Zoning Map of the City of Plainview as propOsed in ZoneCase No. 267,
Motion carried unanimously.
A tabulatiOn sheet was received on bids received on repair, of the electrical
system at the water works facility located at 12th &.Smytho Bids were receiVe~ ~bom
the following: R'. C, Hodges Electric, Inc. - $5,920; Greet Electric Co., Inc. -
$5,699; Tanrer ElectricCo. - $5,280; and:git~y'Electric Co. and Vic's. Elect~ic - No
Bids. It was moved by Alderman Browning,-seconded by Alder~nan Garrison, to award
the contract to the lowest bidder, Tarver Electric Co. in the amount of $5,280.
Motion ca~ied unanimously.
Announcement of award on automotive lubrication equipment was postponed until
the regular meeting held.June 10th.
It was moved by Alderman'Garrison, seconded by Alderman Browning,,.to receive
bids June 17, 1975, for the purchase of one (1) mower for the Psmk and Recreation ·
Depamtment. Md~ion carried unanimously.
It was moved by Alderman Cross, seconded by Alderman Gamrison, to approve the
minutes of the regular City Council meeting held May 13, 1975. Motion carried
unanimously.
417
Page
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
~ Received rom filing were copies of minutes of the Citizen's Traffic Safety
Committee meeting held May 14th; Pa~ks, Open Space, and Recreation Advisory Commit~
meeting held May i2th; Planning Boaned and Zoning Commission meeting held May 12th
and 22nd~ Plainview Housing Authority'meeting held May.i3th~ Hale Coun~ Airport
Board meeting held May 14th~ and Board of Adjustment meeting held May igth.
Discussion~was held on a request of two-hour parking a~eas in the downtown a~ea
as recommended.by the Central Business DiStrict Improvement Advisory Committee. It
was m6vedby~Alderman Browning, seconded by Alderman Garrison, to.authorize the
City Attorney to prepare an ordinance establishing two-hour parking in the following
areas:'-(1)~on the east.side of BroadWay from the conner of 8thStreet through
the 600 block,
(2) on ~he west side of Broadwayfrom the corner of 8th Street through
the 500 blo~Ck, ~-
(3) on the north side of 6th Street in the 100 block, Broadway to Ash,
(4)-on the south and north side of 7th Street from Broadway to Austin.
Motion carried unanimously.
Action on an ordinance setting rates fOP fUmnishing public records, providing
for acceptance and an effective date was postponed ~r further study and possible
'~ inclusion of map charges° - ...... ":Lr~;~. .....
It was moved'by Alderman. Cross, seconded by Alderman Garrison, to adopt
Appmopriation Ordinance NOo 75-1810 from the General Fund Unappropriated Surplus
Account 611-603 in the amount of 830,000 payable to Account 603-515 for payment
to Fred Keesee, ,Jr. on purchase of easement on Running Water Duaw Soil Conservation
Service Dam Site #4. Motion ca~mied unanimously. (County has reimbursed ~15,000.)
MINUTES CITY COUNCIL REGULAR' MEETING
May 27, 1975
Page
Discussion was held on the pro~ess of the Running Water D~aw Site ~4
acquis~ti0n.' I~ was mo~ed by Alder~an Bmowning, seconded:by Alderman Garrison, to
authorize the Mayom to sign the contmact between the City of Plainview and Fmed
Keesee, Jr., on easementacquisition. Motion camried unanimously. (C75-015)
-It ~s mo~ed by Alderman C~oss, seconded by Alderman Gaz~ison, to authorize
the Cit~ Attomey to prepare an ordinance and warmant authorizing the Mayor to
bo~ow funds needed in obtaining the City of Plainview's portion of easement acqui-
sition. Motion ca~ied unanimously. (Total amount approximately $17,500.)
It was moved by Alderman Garrison, seconded by Alderman Cross, to adopt
Appzopriation Ordinance No, 75-181f~om the Revenue Shaping Account 427-701 in
the amount of $250 payable to Jasper Wood Fire Extinguishers for five (5) fire
extinguishe~ ~for the semvice center. Motion ca,tied unanimously.
Ir'was moved by Alderman Cross, seconded by Alderman Br°~ning, to approve an
alley use per, it (C75-01~) in th~ ll00 block between Broadway Street and North
Austin Stmeet. Motion carmiedunanimously. (Per request of Fred Garmison due
to vandalism.)
It was moved by Aldemman Bmowning, seconded by Alderman Cross, to approve
obtaining the"right~of~wayi'~Y.-pmescription method on Independence Street (Nomth
half) between 5th and 6th Stmeetso
Motion carried unanimously.
Itwas moved by Alderman Gamrison, seconded ~ Alderman Cross, to approve paving
and widening ofithe street in the 100 block of East ~th Street at a cost of $7,250.
Motion cammiedunanimously. (This was originally requested by the Plainview Daily
Herald and-was not a pa~t of the.197~ Assessment Paving Program.)
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page 5'
DiscusSion was held~on the request of Knox, Gailey~ and Meador for waiver of
the' penalty clause in the contract for the City of Plainvlew service center. Don
~eador presented his views on waiver of the penalty clause. It was announced that
~ information would be taken into consideration and a decision would be made' at
the meeting held ~une=~!.0th.
-~ Mayor~ Stoneham announced that he will schedule a meeting with members of the
City Council, County Commissioners, Airport Board, and any other interested parties
· . ~ega~ding means and~.methods of financing repai~ and upkeep of-the Hale County
City Attorney Joe Sharqp administered the oath of office to the newly elected
Alderman for Place 4, Tom Almon. Richard Cross was presented a plaque and "key"
to the City for his past service.
'Discussion was held on the insurance set~'t~ent on':~he-police car recently
damaged in an auto accident and advertising .rom bids for replacement of the vehicle
~!t was moved-'by Alderman Gar~ison, seconded lby?Alder~an Bmowning, to accept a
'settlement from 'the insurance company and the salvage cost for disposal of the
vehicle (both'totaling~$2,700 to apply to the purchase of a new vehicle) and to
a~thorize advertising for bids on a replacementl~ehlCle, Motion cazTied unanimoUsly.
It was mSv~' by Alder~an .B~owning, S~conded by Alderman GarriSon,' to approve
the proposed.budget calenda~ which includes the date of hearing of outside agencies,
date of council work sessions, pmopoSed filing dat~, public hear~ng date, and~ adoption
~ateo Motion camPied unanimously, it was stated that June 4th is designed as the
date ..to hear requests regarding the ~pmoposed'?~udget, made by the City/County Health
STATE OF TEXAS
COUNTY OF HALE
CITY OF PLAINVIEW
~ CY5-014
WHEREAS, it has been brought to the attention of the City Council
of the City of Plainview that the alley in the 1100 block Of the
city between Broadway and North Austin Street is not used for traffic
but that the same is used for utility easements and water and sewer
lines; and that it has been represented to the City Council that the same
is frequented by vandals who use the same as a base to cause damage to
business property in the vicinity and that Fred Garrison, a Texaco
dealer, has requested that the City give him permission to use the
alley in a manner not inconsistent with the present use of said alley.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of Plainview:
Fred Garrison of Plainview, Texas. is hereby given a use permit
for the purpose of making uses of that part of the alley in the 1100
Block between Broadway and North Austin Street for purposes not inconsistent
with the present use of said alley by the City of Plainview.
The City of Plainview hereby reserves the right to make any use of the
alley that it may or could make if this p~rmit had not been granted and to
use same in any way. that may be necessary in the public interest.
Fred Garrison shall not place any permanent structure on or
over said alley nor deny the use of said alley to any adjacent owner
thereto, nor do anything which would inhibit the use thereof by any
property owner owning property adjacent to the alley, and such owners
right to use the same as though this use permit had not been granted
is hereby reserved. Said use permit is further authorized with the
understanding and reservation that the same may be reopened by the
City or at the city's request at any time and that this use permit
may be cancelled at any time by~th~ Ci~i.'.Co~n~cii With O~ .~ithOut notice to
Fred Garrison..~
27th
Executed this the ~ day of Ma~yt 1975.
ATTEST:
M. L. REA, City Clerk
C75-015
STATE OF TEXAS
COUNTY OF HALE
This CONTRACT and AGREEMENT is entered into, by and between
*Fred Keese, Jr., hereinafter referred to as "Seller", and the City
of Plainview, hereinafter referred to as "Buyer", and is as follows:
WHEREAS, the City of Plainview, the County of Hale and the Soil
and Water Conservation District desires to obtain an easement on and
over the land belonging to Fred Keese, Jr., for the purpose of erecting
a dam on the Lower Running. Water Draw Watershed and it is understood
that the dam will back water over land covered by the easement, and in
regard to which it is agreed as~follows:
Fred Keese, Jr. and wife will execute, furnish and deliver to the
City of Plainview an Easement to the City of Plainview and the County
of Hale and the Soil and Water Conservation District on a form which has
been prepared and which is attached hereto for identification purposes,
and he will furnish the City of Plainview for the same consideration
herein provided the Easement of H. D. Slaton and wife, Mozelle Slaton
covering land owned by H. D. Slaton, the form of said easement is
attached hereto.
Seller will furnish the City of Plainview Subordination Agreements
from any lienholder holding liens on said land owned by Seller or any
land owned by H. D. SlJton, and will warrant that he has good and mar-
ketable title subject to said lien on the land owned by him and that H.
D. Slaton has good and marketable title to the land in regard to w~ich
Slaton is giving an easement, subject to the liens in regard to which
Subordination Agreements will be furnished executed by the lienholders.
In consideration of the execution and delivery of said easements and
said subordination agreements and said warranty of title, the City agrees
to pay to Fred Keese, Jr. the sum of $30,000.00 in cash. The ease-
ments will be delivered 'as of the time of payment of said caSh con-
sideration and it is u~nderstood that these easements will then be
delivered to the Soil Conservation Service in order that they may
'make applications for grants and begin construction of the dam.
The City also agrees that it will assist Fred Keese~ Jr., in
obtaining from the Water Board of the State of Texas a permit to use
the water backed up by said dam for the purpose of irrigation. That
the City will pay the filing fees involved and that they will furnish testi-
mony insofar as the City employees or the May of the' City can testify.
That the City will help prepare the application and assist and cooperate
with Fred Keese, Jr. in the obtaining of this permit.
That nevertheless, even if the permit is not obtained from the Water
Board, (ardit is understood' that these matters are within the judgment
of the Water Board and cannot be guaranteed or warranted), that neVerthe-
less, the consideration ~for the easement is cash paid and that failure
to obtain the permit will not in any way affect the easement nor the
title of the City and the County and the Soil and water Conservation District
therein nor their title and rights granted thereunder.
That the agreement of the City is to assist in this respect and
it is understood that the City cannot guarantee or warrant that the
permit will be granted.
That time is the essence of this contract. That the easements must.~
be executed and delivered to the Soil Conservation Service immediately
and that this agreement is to be Consummated within the next ten days,
and that if the easements are not delivered within the next ten days
and the subordination agreements of the lienholders also are delivered
within the next ten days, and the Soil Conservation Service satisfied
in regard to title, that then at the option of the City this agreement
may be terminated.
EXECUTED this the
day of May, A. D. 1975.
Fred Keese, Jr.
ATTEST: CITY OF PLAINVIEW
.~ ~ By: 'eham, Mayor
M. L. Rea, City C~erk' ~ Uo~ ~- St~'n
STATE OF TEXAS
COUNTY OF HALE
BEFORE ME, the undersigned, a Notary Public, in and for said County,
on this day personally appeared JOHN D. STONEHAM, Mayor of the City of Plainview,
a municipal corporation, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein ex-
pressed, and in the capacity
said City of Plainview.
~'" ~t-V~E~;t~DER MY HANDrAND SEAL OF
A. Dj~i' 75.~ t
:ated and as the act and deed of
of May,
tb
FICE, Thi day
No'ti_~ _ ___lc, ~Hale ~ --exas
STATE OF TEXAS
COUNTY OF HALE
BEFORE ME, the undersigned authority, on this day personally appeared
FRED KEESE, JR,, known to me
;on whose name is subscribed to
the' foregoing instrument, that he executed the
_$~i'i~7-~e purposes and consider~ therein expressed.
~-" ~'/~ GIVEN O~D~R MY HAND AND SEAL OF C
~A. ~D. 197'5.~ ~ r
to be~ra
and ack~wled~d'to me
~Tn/th~ re n
1,Iota~ Public, H'~a e County, Te
May 15, 1975
Texas Water Rights Commission
P. O. Box 13207
Austin, Texas 78711
Gentlemen.: !~
I own the west one-half of Section 1~, Block JK-2, which
will.have water from Site 94'Lower R~ning Water Draw
Watershed stored on it. I do not want to use any of this
water for irrigation or recreation purposes.
I have-no objections to Fred Keesee, Jr., utilizing all
the water stored behind this dam for irrigation purposes.
Yours truly,
HDS:lf
met'apl e, Texas
. EASEMENT
THE STATE OF TEXAS
COUNTY OF
· L~. S- Department of Agricui~re
Soil Conserve:ion Service
receipt
whereof
FOR AND IN COI~SIDERATION of One DoLlar ($1.00).and~other go0d and ~raIuable consid~atlons,
is hereby acknowledged. , [qe~, H.. D. "Slaton and .~ife~' Moz. etle Slaton
-
Of Ha 1 e CoUrt t~ r , (hereinafter called "Grantor"),
,oeshereby ~rant, bar~ain, sell, convey~'release unt0 the city of plainview and Hale 'County Soil
lqater Conservation District ., its successors and assicas, (hereinafter called 'CGrantee'~), an easement in,
Hal
e
State
of
Texas,
to*wit:
over and upon the foI1owing described land situated in the County Of
the West 309 'Acres of .Seat:ion 11, Block - JK-2~ the Sout:hwest'.ll Acres' of Section 12
Block JK-2 and. the Southeast ~ of Sec':ion If Block JK-2o
for the purposes of:
For 61 in ~0~'e~tion with the construction; alteration, operation, maintenance and i~specti.on of the following identified
works of improvement to be located on or affecting the above described land; f0~ the-~10wag~ '~f any :Water~ i~* 0Ver*
upon or through such works of improvement; for the storage and temporary detention, eiiher or both, of any waters that
are impounded, stored· or detained by such works of improvement; and for the diversion or flowage of any waters to~
from, on, over~ or upon the above described land that is caused by or results from construction of the works of
improvement; such works of improvement being identified as:
Floodwater Retarding Structure No. , and related works,
Lower Running Water Draw Watershed
And, involving o; affecting93 .3 acres, more or i'~ss,:.of the above described land.
1. This easement includes the right of ingress and egress at any time over and upon the above described land and over
adjoining, lands of Grantor along.useable access routes designated by Grantor.
2. There is reserved to the crantor, his ~eirs and assigns, the right and privilege to use the above described land of the
Grantor at any time, in any manner and for'any purpose not inconsistent with the full use and enjoyment, by the Grantee,
its successors and assigns, of the rights and p(ivileges herein granted.
3. The rights and privileges herein granted are subject to ali easements, rights-of-way,, mineral reservations or other
rights now outstanding in third, parties.
4.. The Grantee is responsible for operating and maintaining the above described works of improvement.
$. Only Grantee, its agents, representatives, or licensees shall have the right to centre1 the level of water impounded by
the above described works Of improvement.
6. The Grantee shall have the right to construct fences with gates or gaps around the constructed workS' of improvement
Grantee. Any
and such fences, gates, or ghps shall not'be changed in any way without consent of the 'livestock found
withil such fences, except as authorized in writing by the Grantee, may be ejected therefrom by the Grantee.
7. The works of improvement will be constructed primarily of native earthen materials including rock and rock fragments
taken from constructiOn excavation areas and from bo/~ow areas near the site '0f construction. This easement' skall
include the right to use such construction materials on or under the land covered by this easement.
8. This easement (does) (does not) include the right of Grantee's construction agent to use, during initial construction or 1stet
alteration, repair or maintenance of the works of improvement, such portion of the above described land as needed for a construction
supply and equipment operations a, nd maintenance work site headquarters.
9. Special Provisions: - /:.,.
The Creator understands that the field road tocated approx/xnacely 60 fee~ north
of barn will 'at times' be temporarily inundated.
(Over) '.'
TO' HAVE AN~'~6;HOLD the' aforesaid easement in. o~'.~fl upon ~e above des~ib~ land ~fthi G~ntor,' Wi~ all
~e r~hts~ priy~ an~. ~.ppur~nances ther~o belonging o~ ~ ~nywise ap~a~ ~to ~e Gra~. its successors and ~
IN WITNESS W~OF the Grantor has exerted this ~mmt ~ ~e , . day of · ,
a Notary Public in and.fo_r s~d County and S~ o~".this day-personally
his w, ife,~b~ k~own, lt:o me t.0, b~.the Persons whose names are subscrib~ to the foregoing instrument and
acknowledged} l~o me that they each executed the same for the az
GIVEN LIlq30ER MY'HAND AND SEAL
SEAL
~F~ ~. the ~ders~ed, a N~a~ Pa~ ~ f~ sam C0~ty ~d S~te, ~ ~s'daV ~onaily
apdar~ '~'"; ';;"~" ., known to
mad
GIVEN.
~_ MY HAND AND SEAL OF OFFICE THIS. the' _ day of . A. D. 19 2,
ap~ared , ' . , ~wn to me to be ~e ~rs~(s)
wh~e ~e(s) 9< y '~ - subs~d to ~e'to~g ~ent, and a~nowledzed to m~ that
executed t~ same for ~e ~po~s and co~idera~on ~ere~ ex~e~
GI~N'~ER MY':H~D ~D SEAL OF ~FICE ~IS~ t~, day Of . . A; D; 19 [ · ..
SEAL
My Commission Expires
o ~
Notary Public in and for
~" ~' STATEMENT OF UNDERSTANDING
The Und~e~signedi 'und~L~s~,ands and .agmees }that cu~tzvated:c~op, can'.'~be ~
It ~- ~
damage~ Ohce ~Si~e .~ is conS~ucted ahd filled ~tO Capacity.-~ ~' ~ ~
~he~ ~de~s~ Od d a~a~d ~na~ lzv~s~o~k .~ay ~e ~ra ed~ n ~
8~anto~
whose names are subscmibed to the fomegoin[ instruments and acknowledged
to me that they each executed the
therein 9~messe~. ~.
.......................... ~ Notary P~!ic fo~:
· ~ :~ ..... -..~t~te of Texas
to me to be the pePsons
My Commission Expimes
T~,iw~e, -~=~ EASEMENT
Soit ~s~rwatic~ ~ti~-~
THE STATE OF TEXAS
cOUNTY OF
'.; - - ** . ~ ' whereof
· ........ ollar iS1 00) and other good .and.va.l.uabI~e_cons~derations, the receipt
FOR ANDINCONSlDER~T!°~°'~"~.~-~>'~r.' and wife~ Ann ~eese
is hereby acknowledged-_ we~ rre~
(hereinafter called "Grantor"),
~Hal ~e le. .- County. Soil and
o ..... nj0" City
does heresy grant, bargain, sell, Convey and release u
%tar Conservation District _: its successors and assigns, (hereinafter called "Grantee"), an casement in,
Hale __~ S~ate of Texas, to-wit:
-over and upon the following described land situated in the County of
South 309 Acres of Section.' 12 Block JK-2,~.N°rt~east.'-!l Acres of the West ~z 'of Section 11
Block JK-2~ East ~ Section 11, Block JK-2~
for the purposes of:-
For or in connection with the construction; alteration, operation, mainten~anCe and inspection~o[the following identified
works of improvement to be located on'or affecting the.abo~e de'~dribed l'afi~d; for:Ihe-flowa~e of any waters in~ over,
upon or through such works of improvementl for the st.o=a~e, a~d tempomr~d~en~on,, either or b~tH~ of ~y waters that
are ~pounded, stored or detained by such works of improvement; and fo~ the diversion or flowa~e of any waters to,
from, on; over, or upoa the above described land that iS caused by or results from construction of the-works of
impr0v~ent; such works of improvement be~ identgi~ as:
Floodwater Reiardin~ Stracture No.~, and related works,
Lower Running Water_ Draw~ ..Watershed ~-'
And, involving or affecting ~32.,,~cres. more or leSs,~ of ~e above described land;
This easement includes the right o~ ingress and egress at any t~e over and upon the above described land and over
adjo~in~ lands of Grantor along useable access routes designated by. Grantor.
0se not inc0n~stent with the-Grantee
Grantor at I !~hts:and priviletes herein ~ranted. '
its succe:
The rights and privileges herein ~rant~ are subject tO al! easements, rights-of-way, mineral reservations or-other
rights now outstandinl in third parties.
The Grantee is reSponsible for operating and~main~inin~ the ab0ve described works of ~provement.
Only Grantee, its ~ents, .representatives~ or licensees shall have ~e riiht to control ~e level of water ~p~unded'by
the above described works of improvement.
~ ' ri ht to construct fences with gates or gaps a~ound the constructed works of ~provement
The Grantee shall have the ~ - . ' ..... - ....... sent of the Grantee. Any livestock found
' ea in an wa w~nou~
ates, or. a s shall not be chang Y Y
and such~fences, g , g P - ....... -: -~ ~-~-+~ may be elected therefrom by the Grantee.
within such fences, except as authorizea in w~l~ln~ oy ~a~ ~-~=-~, ~ ~
The works of ~provement will be constructed primarily of native ca,hen materials including rock and rock fracments
taken from cons~uction excavation areas and.from borrow, areas near the site of co~truction, This easement shall.
include the right to use such C6ns~uction maiefials '~ 0r under the land covered by this easement.
This easement (dbes) (does not) include the ~t of Grante s construction a~ent to use, d~ initial cons~ction ot tater
alteration, repa~ or maintenance of the works of improvement, such portion 'of the above desk,ed ~nd as needed for a co~cti(
su~ly and .equipment operations a~ maintenance work site ~adqu~ers.
S~cial Provisions: . ~..
Grantor will provide area near ~h~ prefab'sad' construction 'si~._?pr ~th~ ~:6~s'truction
contractor to place .equipment on during construction. ...~ ~ ...........................
~e Oran~or ,hereby gran~s pemission co cap abanaonefl well in pool area and
pletely .re~o~e sto_~ ~ond d~ i~edia~ly ~-. f~gn~,~9f D~ (Site.S'4),
'-~ ....... ~ ........ ' .... rn P~lid Service G~pany ~hen,~zds are let
The Grantor' witl contact 5outnweste
for construction of Site ~4 and request that service be discontinued to the
meter located near the present livestock pond.
(Over
pas~tu~e
east' of the barn.
appearec] ': -' '
said County
,SEAL
~FO~ '~ ~he ~d~signed, a ~ota~ Public ~ ~d f~ said Cowry ~ State, on ~ day perso~mI~ -.
speared__ , ~own to me to be t~ ~son(s)
My Commission Expires
-] 'NOtar~ l~ublii h and for. < - .., ' ,.' C~n~
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page
Board; City/County Airport Board; Unge~ Memorial Library Advisory Committee; Board
of City Development; Psmk, Open space, 'ann Rec~eatlon Advisoz~ Committee; Citlzents
T~affic Safety Advisory Committee; M~uiCipal Civil ~Defense:and DiSaste~ Relief
Committee; MuniciPal Cou~t Judge~ and City
It was reeved by AI~e~ Almon~ s~conde~' .b'y Aleez'n~n. Ga~bis~n:~ "to ,a~p~ve a
~equest made by fhe Downtown Memchant s ASlSOc~a~lon:'~P~~g .p3_~c~n~ piante~s on
the sidewalk i~% the downtown a~ea.~ ~otion carried unanimously.
The following items were ~e~ei-~ed fop filings.·
In~b~nation concerning The eomp~son of estimated and final cos~ of
p~oject cons~ucti0n and ~epm~t ~ ~m%ad.~ ~.ve~ M~cipal ~a~
AUthOrity,
City of Plainview Newslet:tem~ Vol~
~s- ad~:US~ent schedule fo~ The ~o~h
Nat~ai Gas Co~Q~y~ and
Wate~ P~duc~on and T~a~ Report,
Bill RoE~s~ P~k ~d Rec~eaTieR ~pe~so~, presented .a ~o~enda~'ion of
the P~k, Op~i~Space, and Recmea~i~n A~'i$O~y Co~tTee ~egaPdinE Th~ fo~tion of
a Zoological ·Society. Mr. Rogers was :~$t~ucted
formation of ·such a group.
Robe~..Barnett,'Cent~al Plains Co.mm~ni~. Ae~lon P.~o~am~ p~esent&d a request
to the CoUncil~.ega~di~'g us~'.~of the .~ookeP ToWaS~i~gTon sWi~iug pool in o~ ~o~.-:'~
coordinate~a~t~ities with, the ~nas~ ~ neig~hood :c~n~e~, ~_~.w~o~ed by
~de~an Ga~ison~ seconded by Ai~n B~o~ing, to authorize the City Att~ey
to p~ep~e a lease fo~ said ~eques~ ~nd to authorize the Mayo~ to si~ the lease
agreement. Mo~ion ca~ied~i~sly~ (The CPCAP will p~ovide personnel ~d the
421
'MINUTES CITY COUNCIL .REGULAR MEETING
May 27, 1975
Page 7
Cft~ of Pfai, nv~ew wifl p~ov, fde ,~at~ an~ c~ls as in .... ~
. ~ . $~o~d~' by~de~ Bm~i~ to authorize
ATTESTiy'
£urthe=~uade-~steod and-.agreed~th~t~.livest~ck.~m~y_be_.t~apped_~in._the
pasture east' of the barn.
~F~E ~, the undersigned, a :No}~ ~blic in a~ for said County
whoses names '~:~ubs'crib:~$~5~
knowi'~-d'~da {d"'~$"-{ha
for ~
My
q20
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Page
Board; City/County Airport Board; Unger Memorial Library Advisory Committee; Board
of City Development; Patak, Open Space, ann Recreation Advisory Committee; Citizen' s
Traffic Safety Advisory committee; Municipal Civil Defense aud Disaster Relief
Committee; MuniciPal Cou~t Judge~ and ~City ~%'ttorney.
request made by ~he .Downtown .Merchant's asso~ia~n~: !ng'placin~~ piante~s on
the sidewalk i~ the downtown ax, ea~ ~otion carried unanimously.
The following items were re~e'~ed fo~ fili~xg~.·
Information concerning th~ c~mpa~lson of estimated and finial cos~ of
p~oject construction and repmy~e~t ~ Cathad~an Rive~ Mu~c~p I ~a~
AuthOrity, . ~
City of Plainview Newslet~ V~l~ V~ ~.~ue ~
G~s adjUs~ent sChedule~ 'fo~ 'the ~o~h o~ ~-~v~'ded ~y ~e~
Nat~al Gas Ccmp~y~ and
Watem P~duct~on and T~at~ Repo~c.
Bill Ro~s~ P~.k and Rec~eaT!~R :S'~pe~lsO~, p~eSented a ~eco~en~%~ion of
the Park, Open ~Space, and Recreatien Advis*my Committee ~.ega~dinE Th~ fo~tion of
a Zoological Society. Mr. Rogers
formation of such a group.
Robert Barnett, Central P!a~ ~ommunity Ae~iOn P~o~am~ p~es~nt~d a ~que~t
to the CoUncil reg~di'hg us~-.~of ~he ~ke~ T~ ~aShi~on swi~ng pool '-i~ o~a~ ~o~-<~
coomdinate~ aot~vitles vith'-~he ~as~ amd neig~orhood c~n~er~. It.w~ mo~ed by
Alderman Gar~ison~ seconded by Aldez~an Browning, to authorize the City Attorney
to prepare a lease for said reques~ and to authorize the Mayor to sign the lease
agreement. ~ot~o~ ca.tied unanim~uslyo (The CPCAP Will provide personnel ~nd the
421
MINUTES CITY COUNCIL REGULAR MEETING
May 27, 1975
Pag~ 7
C~tq~ of Ptainv~ew wiI1 pro.de .w~t~ ~u~ ckem~ls as in-k~md
~ It was mo~ed 'by-A~~.' ~r~n~n~ s~ed by Alderman-Ga~j~so~m~ t~ authorize
t~ CitY' Gf Pla~n~f. ew~ t~ e~te~ ir~t~ co~.a~' w~th Mm 0 Bill Moo~e t~,~ ~ve debris