HomeMy WebLinkAbout81-2442 ordORDINANCE NO. 81-2442
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 77-2090 AND THE OFFICIAL ZONING MAP OF
THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO.: 444
Request of Orville Atkinson for rezoning from an A-O Zone to a "PD" Planned
Development Zone, a tract of land being a 10.612 acre tract out of the S.W.
part of Survey No. 28, Block JK-2, Hale County, Texas, described as follows:
BEGINNING at a spike for the S.E. corner of Westridge Park Addition,
Unit No. 2, as recorded in Volume 592, Page 501 of the Hale County Deed Records,
said spike being 1639.34 feet S.89°57~E. and 820 feet N. lO°lO'E, of the S.W.
corner of Survey No, 28, Block JK-2, Hale County, Texas, said spike also being
293.03 feet S.89°55'30"E. and 500 feet S.O°IO'W. of a 2 inch pipe in concrete
for a control monument at the N.W. corner of Lot 39, of said Unit No. 2;
Thence along the boundary of said Unit No. 2, as follows:
N.89°55~36"W. 37.5 feet;
N. O°IO'E. 91.55 feet;
N. 89°55'36"W. 454.86 feet;
N. 0o04'24'' E. 140.0 feet to the S.E. corner of Westridge Park No. 3, as
recorded in Volume 610, Page 691 of the Hale County Deed Records;
Thence N. 89°55'36"W. 300.0 feet along the south line of said Unit No. 3
~oin~;
Thence S. 0°04'24"W. 120.0 feet to a point;
Thence N. 89°55'36"W. 180.0 feet to a point;
Thence S. 0°04'24"W. 340.0 feet to a point;
Thence S. 89°55'36"W. 300.0 feet to a point;
Thence S. 0°04'24"W. 320.0 feet to a point;
Thence S. 89°55'36"E. 340.0 feet to a point;
Thence N. 0°04'24"E. 300.0 feet to a point;
Thence N. 45°04'24"E. 28.28 feet to a point;
Thence S.89°55'36"E. 311.84 feet to a point in the east line of a 21.323
acre tract as recorded in Volume 668, Page 445 of the Hale County Deed Records;
Thence N. O°lO'E. 228.45 feet along the east line of said tract to the
POINT OF BEGINNING and containing 10.612 acres and being located in the 100
block of Navasota Drive, with the following stipulations:
(1) that a solid screen fence be placed on rear property line of Lots 1 thru 21,
Block 4, Westridge Park Addition Unit #4.
(2) rear yard setbacks of Lots 1 thru 21, Block 4 inclusive shall be 20' not
to exceed 50% of lot width, and 5' not to exceed 50% of lot width.
CITY OF PLAINVIEW, HALE COUNTY, TEXAS, from
Development Zone ZONING DISTRICT.
A,O ZONE to a "PD" Planned
WHEREAS, the proposed change in Zoning Districts as hereinafter made has been
duly presented to the Planning and Zoning Commission for its recommendation which
ORDINANCE NO. 8'1'2442
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 77-2090 AND THE OFFICIAL ZONING MAP OF
THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO.: 444
Request of Orville Atkinson for rezoning from an A-O Zone to a 'PD" Planned
Development Zone, a tract of land being a 10.612 acre tract out of the S.W.
part of Survey No. 28, Block JK-2, Hale County, Texas, described as follows:
BEGINNING at a spike for the S.E. corner of Westridge Park Addition,
Unit No. 2, as recorded in Volume 592, Page 501 of the Hale County Deed Records,
said spike being 1639.34 feet S.89°57~E. and 820. feet N. lO°lO'E, of the S.W.
corner of Survey No. 28, Block JK-2, Hale County, Texas, said spike also being
293.03 feet S.89Q55'30"E. and 500 feet S.0°IO'W. of a 2 inch pipe in concrete
for a control monument at the N.W. corner of Lot 39, of said Unit No. 2;
Thence along the boundary of said Unit No. 2, as follows:
N.89°55~36"W, 37.5 feet;
N. O°lO'E. 91.55 feet;
N. 89°55'36"W. 454.86 feet;
N. 0°04~24'' E. 140.0 feet to the S.E. corner of Westridge Park No. 3, as
recorded in Volume 610, Page 691 of the Hale County Deed Records;
Thence N. 89°55'36"Wo 300.0 feet along the south line of said Unit No. 3
~o a
Thence S. 0°04'24"W. 120.0 feet to a point;
Thence N. 89°55'36"W. 180.0 feet to a point;
Thence S. 0°04'24"W. 340.0 feet to a point;
Thence S~ 89°55'36"W. 300.0 feet to a point;
Thence S. 0°04'24"W. 320.0 feet to a point;
Thence S. 89°55'36"E. 340.0 feet to a point;
Thence N. 0°04'24"E. 300.0 feet to a point;
Thence N. 45°04'24"E. 28.28 feet to a point;
Thence S.89°55'36"E. 311.84 feet to a point in the east line of a 21.323
acre tract as recorded in Volume 668, Page 445 of the Hale County Deed Records;
Thence N. O°IO'E. 228.45 feet along the east line of said tract to the
POINT OF BEGINNING and containing 10.612 acres and being located in the 100
block of Navasota Drive, with the following stipulations:
(1) that a solid screen fence be placed on rear property line of Lots 1 thru 21
Block 4, Westridge Park Addition Unit #4. '
(2) rear yard setbacks of Lots 1 thru 21, Block 4 inclusive shall be 20' not
to exceed 50% of lot width, and 5' not to exceed 50% of lot width.
CITY OF PLAINVIEW, HALE COUNTY, TEXAS, from A-.O ZONE to a "PD" Planned
Development Zone ZONING DISTRICT.
WHEREAS, the proposed change in Zoning Districts as hereinafter made has been
duly presented to the Planning and Zoning Commission for its recommendation which
ZONING ORDINANCE NO. 81-2442
Page 2
was received by the City Council, and after due consideration, the City Council
Of the City of Plainview finds that for the orderly growth of the city making
the proposed change as. hereinafter~set out will be in the public interest which
creates an emergency; and,
WHEREAS, all conditions precedent required by law for a valid amendment to the
Zoning Ordinance and Map, have been fully,complied with, as well as giving
notices provided-by Article lOllF Vernon~s Annotated Civil Statutes-Amended,
1953, and notice was duly published in the Plainview Daily Herald more than
fifteen (15) days prior'to the date of the Public H r'
.. . _ ea lng according to said
no~ce was duly held in the City Council Room of the City Hall, Plainview,
Texas, at which'time persons appeared in support of the proposal; and after
said hearing, it was by the City Council determined that it would be in the
public interest due to changed conditions, that the Zoning Ordinance and the
Zoning Map be amended in the manner hereinafter set forth in the body of this
Ordinance; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCI._ OF THE CITY OF PLAINVIEW:
SECTION 1. That Ordinance No. 77-2090 and the Official Zoning. Map be and the same
are hereby amended as follows, to-wit:
ZONE CASE NO. 444
Change a_ 10,612 acre ~tract-. out .of the~S.W, partof Survey No. 28,
Block JK-2,.Hale County., Texas de$~cribed as follows:
BEGINNING at a spike for the S~E. corner of Westrigde Park Addition, Unit
No. 2, as recorded in Volume 592, Page 501 of the Hale County Deed Records,
said spike being 1639.34 feet S.89°57~E. and 82D feet N.IO°IO'E. of the S..W.
corner of Survey No..28, Block JK-2, Hale County, Texas, said spike also being
293.03 feet S.89Q55~30"E. and.500 feet S.O~IO~W. of a 2 inch pipe in concrete
for a control monument at the N.W. corner of Lot 39, of said Unit No. 2;
Thence along the boundary of said Unit No. 2, as follows:
N.89°55'36"W. 37.5 feet;
N. O°ID'E. 91.55 feet;
N.89°55'36"W. 454.8.6 feet;
N. 0°04'24"E. 140.0 feet to the S.E. corner of Westridge Park No. 3, as
recorded i-n Volume 610, Page 691 of the Hale County Deed Records;
Thence N.89°55'36"W. 300.0 feet along the south line of said Unit No. 3
to a point;
Thence S.0~04'24"W. 120.0 feet to a point;
Thence N.89°55'36"W. 180.0 feet to a point~
Thence S. 0~04'24"W. 340.0 feet to a point;
Thence S.89°55'36"W. 300.0 feet to a point;
Thence S. 0°04'24"W. 320.0 feet to a point;
Thence S.89°55'36"E, 340.0 feet to a point;
Thence N.O°O4'24'~E. 300.'0 feet to a point;
Thence N.45°O4,24"E. 28.28 feet to a point;
ZONING ORDINANCE NO. 81-2442
Page 3
Thence S. 89°55'36"E. 311.84 feet to a point in the east line of a 21.323
acre tract as recorded in Volume 668, Page 445 of the Hale County Deed Records;
Thence N.O°IO'E. 228.45 feet along the east line of said tract to the
POINT OF BEGINNING and containing~lO.612 acres and being located in the 100
block of Navasota Drive, with the following stipulations:
(1) that a solid screen fence be placed on rear property line of Lots 1 thru 21
Block 4, Westridge Park Addition Unit #4, '
(2) rear yard setbacks of Lots 1 thru 21, Block 4 inclusive shall be 20' not
to exceed 50% of lot width, and 5' not to exceed 50% of lot width,
City of Plainview, Hale County, Texas, from a A-O ZONE to a "PD" Zoning
District. From the date of this Ordinance, said lot, tract, and parcel of land
described shall be and hereby be changed~to the Zoning District indicated and the
Official Map is amended in accordance herewith.
SECTION 2. Upon passage of this Ordinance on first readinq, the City Secretary be
and is hereby authorized and directed to cause 'to have published in the Plainview
Daily Herald, a daily newspaper of general circulation in the City of Plainview,
Texas, a notice that a public hearing will be held in the Council Chamber of the
City Hall in Plainview, Texas at' 7:30 o'clock P.M. on.the 28th day of
April , 19~ 81 , to pe~the public to ~6-'heard prior to consideration
bf this Ordinance for second and final reading, said publication to be made more
than fifteen (15) days prior to the time designated for such public hearing.
PASSED on first reading this, the 14th day of April , 19 81 .
A notice of time and place where and when sa.id Ordinance would be given a public
hearing and considered for final passage was published in the Plainview Daily
Herald, a daily newspaper of general circulation in the City of Plainview, Texas,
said publication being on the 12th day of April , 1.9 81 , the
same being more than fifteen (15--~prior to the time designated for said
hearing. After such opportunity for the public to' be heard, said Ordinance was
passed on second and final reading.
19
PASSED on second and final reading this, the
81.
28th day.of April ,
WALi~ S. DODSON, City Clerk
ORDINANCE NO.
81-2443
ORDI~;ANCE ASSERTING CORRECTNESS OF PREAHBLE AIID DIRECTING THE MAYOR OF THE CITY
OF PLAINVIEW, TEXAS, TO EXECUTE CONTRACT ~lITtt JAKE DI'EL DIRT & PAVING, INC.
, AND SPECIFYING THE TERMS THEREO~
AND DECLARING AN EMERGENCY.
WHEREAS, the following notice was prepared and published in the Plainview
DailY~Herald, a newspaper of general and daily circulation, published in the City
of Plainview, Texas, first publication of which was made on the 13th day of
March , 19
81
~, and subsequent publication was made on the
20th
day of March , 19 81
, said notice as follows, to wit:
NOTICE TO BIDDERS
Sealed bids addressed to the Honorable ~iayor and City Council of the City of
Plainview, Texas, will be received at the office of 'the City Clerk at the
City Hall until lO:O0 A.M., C.S.T., Monday, April 6, 1981, for furnishing all
materials, equipment, supervision, labor and incidentals necessary for the
construction of street improvements consisting of curbs and gutters, concrete
valley gutters, flexible base, asphalt wearing surfaces, railro~d crossings,
culverts, drainage structures and incidental items required to properly complete
the construction of street .improvements on certain streets in the City of Plain-
view, Texas, where and as shown on the Plans and as specified. The bids will-be
opened and publicly read in the Council Chambers; at the City Hall at 10:00 A.M.,
C.S.T., Monday, April '6, 1981. Bids will be tabulated and referred to the City'
Council of the City of Plainview for their consideration at a later time.
The Mayor and City Council reserve the right, as the interest of the City may
require, to reject any and all bids and to ~aiw) all formalities.
Plans and Specifications for this work may be obtained from the office of the
City Engineer at the City Hall, Plainview, Texas.
Wm. R. Hogge, P. E..
City Engineer
City of Plainview
Plainview, Texas
WHEREAS, the following specifications and.special provisions are applicable
to and a part of the aforesaid advertisement for sealed proposals for the afore-
said project, to-wit:
ORDINANCE NO. 81-2444
ORDINANCE APPROVING THE FORM Ai~tD SUBSTAHCE OF COItTRACT AliD COI~iTRACT DOCUMENTS
EXECUTED BY JAKE DIEL DIRT & PAVING, INC. PROVIDING FOR
CO~qSTRUCTION OF I~.IPROVEMErIFS TO-'~=~-~I~q-~-~-O"--~'~i~,-'iA-i'i)--S-T-R-~'E=i--]¢-Tir~--T~tE CITY OF PLAIN-
VIEW; AUTHORIZING AND DIRECTING TH,E, MAYOR TO EXECUTE SAME; ACCEPTING THE PAYMENT :
BOND AND PERFORMANCE BO~D; DIRECTING TIlE CITY Er~GIN~ER T'O PREPARE AND FILE ~ITH
THE CITY CLERK ESTIMg. TES AND ROLLS AS REQUIRED BY LAW FOR EACH STREET UNIT-TO
BE SO IMPROVED; PRESCRIBING INFORMATION TO BE SHOWN IN SAID ESTIMATES AND ROLLS
AND DECLARING AN EMERGENCY.
WHEREAS, by ordinance duly passed on the 27th
day of January
19 81 , the same being Ordinance-No. 81-2433 ', the City Council ordered
the permanent improvement'of certain portions of public streets designated therein,
by excavating, grading and paving the same and by the installation of drainage
facilities therein where necessary, and by the construction of curbs 'and gutters
~there required, in accordance with the plans and specifications on file in the
City Clerk's office and approved by the City Council; and,
WHEREAS, pursuant to said ordinances, the City Engineer advertised for bids
for the construction of such improvements, and bids ~ere received and opened, and
bid of JAKE DIEL DIRT & PAVING, INC. being the lowest and best responsi-
ble bid, the contract for construction of such improvements has been awarded by the
City Council to JAK£ DIEL DIRT & PAVING, INC.
and,
WHEREAS, the contract form and contract documents, including the performanc.-.
bond and payment bond required by the agreement and by law, have been executed b---
contractor; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
SECTION l: The form and substance of the contract and contract documents here-
tofore executed by JAKE'DIEL DIRT & PAVING, INC. , providing for the
construction of the improvements above described be, and the same are hereby approved,
and the Mayor of the City of Plainview is hereby authorized and directed to execute
the same on behalf of the City of Plainview and the City Clerk is hereby authorized
and directed to attest to same.
SECTION 2: The performance bond and the payment bond accompanying sa~d contract
and executed by JAKE DIEL DIRT & PAVING, INC.
the sameare hereby accepted and approved.
, and its surety, be and
SECTION 3: The City Engineer of the City ~f Plainvie~,~ be, and he is hereby
direc'ted to prepare and file with the City Clerk estimates and rolls as required
by law for each street unit to be so improved~ showing thereon -the total estimated
cost of improvements in each such unit, and showing in detail the description of
each parcel of property abutting thereon, together with the names of the apparent
owner thereot~, the number of fron~ feet of each I~-~! of ........... ~ ..... >~ ~ ........ ~'~
to be assessed' against the same; the cost and the amounts to be assessed against
and to be paid by railways for improvement in the area between rails and tracts,
double tracks, turnouts, and switches and two feet on each side thereof, and such
other pertinent information as may be required by law.
SECTION '4: The fact that the streets' and portions thereof to be improved
as heretOfore and hereinabove provided for are in such condition and improvements-
are necessary and should be made without delay creates an emergency and imper, ative
public necessity for the immediate preservation of the Public peace, heal-th,
safety and general welfare, requiring that any rule necessital~ing more than one
readings, thereof, be and the same are hereby suspended; and this Ordinance shall
be pass,ed and take effect as an emergency measure and be in full force from and
after its passage as provided by law, and it is so ordained.
PASSED andAPPROVED this the 14th day of April' ,..A;D.
19 81 .
ATTEST:
Clerk