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Volume 1 Ord 674A-64-810
Alderman EDMiSTON made a motion that the ordinance be passed finally. The motion was seconded by Alderman ~ARE[, and carried by the following vote: AYES: Aldermen Irby, Edmiston, Taylor and ~ard NOES: None. The Mayor announcee that the ordinance had been finally passed: The ORDINANCE is as follows: #674~ WAN ORDINANCE BY the City Council of the City of Plainview~, Texas, authorizing the issuance of ~95,000''City of Plainview, Texas, General Olbli~ation Bonds', dated June 1, 1957, for the following purposes, to- wit: ~.00,00 for the purpose of constructing street improvements in and for said City; ~25,000 for the pnrpose of construction improvements and extensions to the City's ~aterworks System; $25,000 for the purpose of constructing improvements and exte~nsions to the City's Sanitary Sewer System; and ~45,000 for the purpose of developing, enlarging, improving and equipping of the City's Airport, including buildings and other fac- ilities incidental to the operation thereof; prescribing the form of the bonds and the forum of interest coupons; levying a continual direct annual .ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the re- demption thereof, and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the purpose and sub- ject of this ordinance; and declaring an emergency.~ ~EREAS, the City Council of the City of Plainview, Texas, on the 2~th day of April, 1957, passed and adopted a resolution and order, calling an election at which the following propositions were submitted to the qualified property taxpaying voters of said City, who had duly ~endered~%heir~rop~rty~?or~tax~tion: ~SHALL the City Council of the City of P~ainview. Texas, be author- ized. to ~issue. ~ .FOUR HUNDRED THOUSAND DOLLARS (~'4005,). g~O0. eneral oblig -a t~on tax bonds o]~ sa~d City for.th~ puroose of constructing street im- provements in and for said City, sai~ b~nds to mature serially over a ~eri'o~ of years not to exceed fifteen (15) y~ars from their date and to Dear mnterest at a rate not to excaed FOUR PER CENT~ (4%) ~er annum, payable annually or semi-annually, and to provide for the payment of principal of an interest on said b pay the annual interest and to crc deem said bonds as they become due ~'SHALL the City Council of th, ized to issue TWENTY FiVE THOUSAND tax bonds of said City for the pur~ extensions to the City's ~terwork] over a period of years not to exce~ and to bear interest at a rate of ~ annum, payable annually or semi-ans of principal of an interest on sai~ pay the annual interest and to cre~ deem said bonds as they become due ~SHALL the City Council of th, ized to issue TWENTY FIVE THOUSAND tion tax bonds of said City for th~ and extensions to the City's 8anit~ serially over a period of years no~ their date and to bear interest at (4~) per annmm, payable annually o~ the pa~ent of principal of an int~ sufficient to pay the annual inter~ sufficient to redeem said bonds as "SHALL the City Council of th~ ized to issue FORTY FIVE THOUSAND i tax bonds of said. City for the purl ing and equipping the City's Airpol facilities incidental to the opera1 serially over a period of years no~ their date and to bear interest at (~) per annum, payable annually o~ the pa~nent of principal of and in~ sufficient to ~ay' the annual inter~ icient vo redeem~said~b~nd~ as the~ ~HEREAS, the said election wa] )nds by levying a tax sufficient to ~te a sinking fund sufficient to re- City of Plainview, Texas be author- DOLLARS ($25,00) general, obligation )ose of constructing improvements and ~ System; said bond to mature serially ~.d fifteen (15) years from their date ~ot to exceed FOUR PER CENTUM (~) per ~ually, and to provide for the payment ~ bonds by levying a wax sufficient to ~te a .sinking fund sufficient to re- City of Plainview, Texas, be author- DOLLARS ($25~000), a general obliga- purpose of constructing improvements ~ry Sewer System; said bonds to mature to exceed fifteen (15) years from a rate not to exceed FOUR PER CENTUM semi~=annually, and to provide for .~rest on said bonds by levying a tax .~st and to create a sinking fund they become due?w ~ City.of Plainview, TeXas, be author- )0LLARI~ ($~5,000), general obligation ~ose of developing, enlarging, improv- · t, including buildings and other ;ion thereof; said bonds to mature ; to exceed (15)fifteen years from a rate not to exceed FOUR PER CENT~ · semi-annually, and to provide for .crest on said bonds by levying a tax ~st and ~o create a sinking fund suff- become due?w held pursuant to said resultion and order on the l~th day of May, 1957 and WHEREAS, the city council has heretofore examined into and investi- gated the regularity of the proceedings for said election and found that the same was dully and legally held; that the notice required by law to be given had been duly and legally given; and that said election was conducted in strict confirmity with the law; and that due returns-of said election had been made by the proper officers; and ~EREAS, at said election, the qualified voters who are property taxpayers of the City of Ptainview, voting at ~aid election,sustained by a majority vote, the propositions to issue the aforesaid bonds, in the aggregate principal sum of ~495,000; and W~ERE~S~ the City CoUncil has heretofore, to-wit': on the 20th day of May, 1957, adopted a resolution declaring the results of said election and determining the specific authority of the City to issue said general obligation tax bonds; ~EREAS, the City Council, deems it advisable and to the best interest of the City that the bonds of the four series hereinabove described shall be issued in a single combined authorization;therefore BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAINVI~,. TEXAS: SECTION 1: That the bonds of the City of Plainview, Texas to be known as ~CIT¥ OF PLAINVI~W, TEXAS, G~NERAL OBLIGATION BONDS~, be and same are hereby issued ~de~ and by virtue of the Constitution and laws of the State of Texas, for the following purposes, to-wit:~O0,000 for the purpose of constructing street improvements in and for said City; ~25,000 for the purpose of constructing improvements and ex- tensions to the City's Waterworks System; ~25,00~ for the purpose of constructing~improvements and e~tensions to the City's sanitary Sewer ~ystem, and ~45,000 for the purpose of devetopmng, enlargmng, mmprovmng and equmppmng of the City's Airport, including buildings and other facilities incidental to the operation thereof, aggregating the princi- pal sum of FOUR HUNDRED NINETY FIVE THOUSAND DOLLARS (~95,000). SECTION 2: That said bonds shall be numbered-consecutively from One (1) to Four Hundred Ninety Five (~95),.,both inclusive, shall be in the denomination of One Tho~s~nd~D~llars (~1,000) each, aggregating the sum of FOUR HUNDRED NIN~T~ FIVs THOUSAND DOLLARS (~95,000). SECTION 3: That said bonds shall be dated June 1, 1957, and shall become due and payable serially, in accordance with the follow- ing schedule: BOND NUMBERS iAll InclUsive) MATURITY DATES AMOUNTS 1 to 15 March 1, 1958 $15,O00 16 to ~1 March 1, 1959 16,000 32 to 47 March l, 1960 16,000 4~ to 64 March 1, 1961 17;000 ~65 to 82 March 1, 1962 1~,000 83 to 100 March t, 196~ 1~,000 lO1 ~to 120 March l, 1964 20,000 121 to 140 March l, 1965 20,000~ 141 to 160 March l, 1966 20,000 t61 to 180 March 1,'1967 20,000 lB1 to 205 March l, 1968 25,000 206 to 270 March l, 1969 65,000 271 to 365 March l, 1970 95,000 366 to 495 ~March l, 1971 130,000 PROVIDED,HO~VEVER., that the City reserves the right to redeem Bonds Numbered 181 to 495, both inclusive, of this series, maturing on March 1st in each of the years 1968 to 1971, both inclusive, in whole or in part on September 1, 1967, or on any interest payment date thereafter, at par and accrued interest PROVIDED, FURTHER, that if less than all of said bonds are redeemed on any such redemotion dates,, same shall be redeemed in. inverse numberical order; and PROVIDED FURTHER, that at least thirty (30') days prior to any interest payment date upon which any of said bonds are to be-redeemed, notice of redemption signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, and THE CITY NATIONAL BANK OF PLAiNVIEW, Plainview, Texas, (the paying agents named in each of said bonds) and should any bond or bonds not be presented for redemption pur- suant to such notice the same shall cease to bear interest from and after the date so fixed for redemption. S~CTION 4. That sa~d bonds shall bear mnterest from date ~nti~~e ~ollowing rates per annum; that'is to say-- .(al) Bonds Numoered i to 180 , both'inclusive, maturing on March 1st mn each of the years 1958 to 1967, both inclusive, shall bear interest at the rate of FOUR PERCENTUM (&%) per annum; and March(b) Bonds Numbered lB1 to 495~ both inclusive, maturing on 1st in each of the years 1968 to 1971: both inclusive,~ shall bear interest at the rate Of THREE AND SEVEN~ ~IGHrS per CENTUN (3-7/8%) per annum, such interest to be evidencedby proper ¢.oupons attached to each of said bonds, and said interest shall be payable on March l, 1958, and semi-annually thereafter on September i and March l, in each year. S~E~TION 5: That both principal and interest of the said bonds shall be paya$1e in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at the FIRST NATIONAL BANK IN DALLAS, Dallas, Texas, or at the option of the holder at THE CITY NATIONAL BANK OF PLAiNVI~, Plainview, Texas, upon presentation and surrender of bonds or proper interest coupons. SECTION 6: That the corporate seal of the "CITY OF PLAINVIEW, TEXASw shall be mmpressed upon each of said bonds and said bonds and the interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shal'l have the same ~fe6t as if such bonds and coupons, had' been signed by the Mayor and City Secretary- by their manual signatures. Inasmuch as such bonds are rec~uired to'be registered by the Comptroller of Public Accounts of the State of Texas, only his signature (or that of a deputy designated in writing to act for~the Comptroller) shall be required to be manually subscrib.ed to such bonds in connection with his registration certificate to appear thereon, as abow~ provided; all in accordance with the provisions of · Chapter 293, enacted by the 54th Legislature of Texas, at its Regular Session in 1955, (codified as Artical 717j Vernon's Annotated Civil Statutes of Texas, as amended). SECTION 7_2:. That the form of said bonds shall be substantially as follows: NO. UNITE~ STATES OF ~EERICA $1,000 STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS, GENK~AL OBLIGATION BOND The CITY OF PLAINVIEW, A municipal corporation-of the state of Texas, ~acknowledges itself indebted to, and FOR VALUE RECEIVED, hereby promised to pay to bearer, the sum of ONE THOUSAND DOiLLARS ($1,000), in lawful ~oney of the United Statesof America, on the FIRST DAY OF MARCH, 19 , with interest thereon from the date hereof until paid at the rate of PER CENTUM ( ~) per annum, payable on March 1, 195~, and semi-annually thereafter on September 1 and March ! in each year, and interest falling due on or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons hereto attache~ as they severally' become due. Both principal and interest of this bond are hereby made payable at the FIRST NATIONAL BANK IN DALLAS, Dallas, Texas, or a~ the option of the holder, at THE CITY NATIONAL BANK OF PLAINVI~, Plainview, Texas, without exchange or collection charges to the owner or holder, and for the prompt payment of this bond and the interest thereon at maturity, the full faith, credit and resources, of the City of Plainview, TeXas, are hereby irrevocably pledged. THIS BOND is one of a series of Four Hundred Ninity Five (495) serial bonds~ nuibered consecutively from One (1) to Four Hundred Ninety ]Five (49'5), both inclusive, in the denomination of One Thousand Dollars ($1,000), each, aggregating FOUR HUNDRED NINETY FIVE THOUSAND DOLLARS ($~95,000), issued for the following purposes, to-wit: $400,000 for the purpose of constructing street improvements in'and for Said City; $25,000 for the purpose of constructing improvements and extenstions to the City's Waterworks System; $25,000 for the purpose of constructing improvements and extensions to the City's Sanitary Sewer System; and $45,000 for the purpose of developing, enlarging, improving and equipp- ing of the City's Airport, including buildings and other facilities in- cidental to the operation thereof, under authority of the Constitution and laws of the State of Texas, and pursuant to an ordinance duly adopted by the City Council of the City of Plainview, Texas, and duly recorded in the Minutes of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned, t]he City of Piainview, reserves the right to redeem Bonds Numbered 181 'to 495, both inclusive, of this series, maturing on March 1st in each of the years 1968 to 1971, both inclusive, in whole or in part on September 1, 1967, or on any interest payment date thereafter at par and accrued interest; PROVIDED, however, that if less than all of said bonds are so redeemed on any such redemption dates, same shall be redeemed in inverse numerical order; and P~OVIDED, FURTHER, that at least thirty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed) shall be filed with the FIRST NATIONAL BANK IN DALLAS, Dallas, Texas, and THE CITY NATIONAL BANK OF PLAINVIEW~Plainview, Texas, an8 should any bond or bonds not be presented for redemption oursuant to such notice, same shall cease to bear interest from and after the date so fixed for redemption. IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this bond and the series of which it is a part, is duty authorized by law and by a vote of the qualified property taxpaying voters of the City of Plainview, Texas, voting at an election~held for that purpose within said City for the 14th day of May, 1957; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond, have been properly done and performed and have happened in regular and duetime, form and manner as required by 'law; that sufficient and proper provision for the levy and collection of taxes has been made which, when collected shall be appropriated exclusively to the payment of this bond and the series of which it is a part, and to thepayment of ~he interest coupons thereto annexed, as the same shall become due, and that the total indebtedness of the City of Plainview, Texas, including the entire series of bonds of which this is one, doesnot exceed any constitutional or statutory limitation. IN TEST~iONY ~J~]~EREOF, the City Council of the City of Ptainview, Texas, has caused the seal of said City to be impressed hereon, and this bond and its .appurtenant coupons to be executed with the im- printed facsimile signatures of the Mayor and City Secretary of said City (in accordance with the provisions of Chapter 293, enacted by the 54th Legislature of Texas at its Regular Session in 1955), the date of this bond, in conformity with the ordinance above referred to, being the FIRST DAY OF JUNE, 1957. COUNTERSIGNED: Mayor, C±ty of Plainview, Texas ~ity sec~-~tary, City of Plainview, Texas SECTION ~: That the form of interest coupon attached to each of said bonds shall be substantially as follows: NO. ON THE DAY OF ~ , 19 ~(unless the bond to which this coupon pertains has been properly called for redemption in accordance with its terms),~ the CITY OF- PLAINVIEW, a municipal corporation of the State of Texas, hereby promises to pay'to bearer, at the FIRST NATIONAL BANK IN DALLAS, Dallas, Texas, or at the option of the holder, at THE CITY NATIONAL BANK OF PLAiNViEW, Plainview, Texas, without exchange or collection charges to the owner or holder, the sum of ...... DOLLARS (~ ), in lawful money of the United States of American, said sum being months' interest due that day on ~CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION BOND", dated June l, 1957. Bond No.. City Secretary Mayor SECTION 10: That the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER $ REGISTER NO. STATE OF TEXAS ~ I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State ~NOTE TO PRINTER: The expression in parenthesis to be included only in coupons maturing March 1, 1968, and subsequent, per- taining to optional bonda, being Numbers 181 to ~95, inclUsive. of Texas, to the effedt that this bond has been ex~ained by him as required by law, and that he finds that it has been issued in confirmity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon said City of Plainview, Texas, and said bond has this day been registered by me. ~TNESS MY HAND AND THE SEAL OF MY OFFICE, At Austin, Texas,_ . State of SECTION 10: BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CIT~ OF PLAINVIEW, TEXAS: That a special fund to be designated ~SPECIAL GENERAL OBLIGATION BOND FUN~~, is hereby created, and the proceeds of all taxes collected for or on account of this series of bonds shall be credited to said fund for the purpose of paying the interest on and to provide a sinking fundfor the redemption of said bonds at maturity~ and said fund shall be used for on other purpose; that, while.said bonds, or any of them, are outstand- ing and unpai~_ there shall be annually levied, assessed and collected in due time, from and manner, a tax upon all of the taxable property in said City, sufficient to pay the current interest thereon and create a sinking fund sufficient to pay each-~installment of principal as the same becomes due; and to pay the interest on said bonds for the first year and to create a sinking fund with which to pay the principal as the samebe- comes due there is hereby levied a sufficient tax on each one hundred dollars' valuation of taxable property in said City for the current year and the sa~e shall be assessed and collected and applied to the purpose named; and while said.bonds or any of them~are outstanding and unpaid, a tax each year at a rate from year to year, as will be ample and sufficient to provide funds to pay the current interest on said bonds and to provide the necessary sinkim~ fund, full allowance being made for de- linquencies and costs of collection, shall be and is hereby levied for eac~ year, respectively, while said bonds, or amy of them, are outstanding and unpaid, and said tax shall each year be assessed and collected and applied to thepayment of the principal of an interest on said bonds, The City Council hereby declares its purpose and intent to provide and levy a tax leg- ally and~ fully sufficient for such bonds~ it havingbeen deter- mined that the existing and available taxing authority o~ the City for such purpose is adequate to pe~it a legally sufficient tax in consideration of all other outstanding obligations. SECTION 11: BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY--NVIEW, TEXAS: That the Mayor of said City shall be and he. is herby authorized to take and have chargeof all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorized pending-their approval by the Attorney General and their registration by the Comptroller of Public Accounts. SECTION 12: BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY 'OF PLAiNVI~, TEXAS: That the sale of the bonds herein authorized to FIRST SOUTHWEST COMPANY, Dallas, Texas, and RAUSCHER, PIERCE & COMPANY, Dallas, Texas, at the price of ~ar andaccrued interest to date of delivery, plus a ]premium of ~ None., is hereby confirmed. Delivery of the -~bon6s slhall bemade ~~ purchasers a~ soon as may be after the adoption of this ordinance, upon payment therefor mn accordance with the terms of sale. SECTZ©N 13: AND BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE C~-~---~NVIEW, TEXAS: The public importance of this measure and the fact that it is to the 'best interest of the City to prow~de funds for the con- struction of the improvements herein provided at the earliest pos- sidle date, constitute and create an emergency and an urgent public necessity, requiring that any rule providing for ordinances to be read and voted upon at more than one metting of the City Council be suspended~ and. requiring that this ordinance be passed and take effect as an emergency measure, and such rules and provisions are accordingly suspended, and this ordinance is passed as an emergency measure, and shall take effect and be in full force from and after its passage. PASSED AND APPROVED,~ this the 17th day of June, 1957. ATTEST: ~ ~ ~ Texas City ~f P.lain~view, Mayor, City of-Plainview, Texas r6, Regular Session July 15th 1957 The City Council met in Regular Session with Mayor Hood presiding, and the £ollowing Aldermen in attendance W. H. Irby, G.H. W~rd, J.C. Edmiston City Attorney Joe Sharp and City Engineer W.R. Hogge also werepresent at the meeting. It was agreed to call a Public Hearing on August 5th. to consider the matter of a raise in rates charged by the Plainview Bus Company and give notice of such hearing in the news paper. Moved by Alderman Irby second by Alderman Ward, that ordinance No.67~ IN RE Southw~estern Public Service Co. extension of franchise be passed as read. The motion carried. ORDINANCE NO. , 6?5 AN ORDINANCE GRANTING TO SOUTL~.~STERN P~BLIC SER~iC~E C0~NY,A CORPORATION, !TS LEGAL REP~,~ENTATIVES, SUCCESSORS, LESSEES AND ASSIGNS, CERTAIN POWERS, LICENSES, RIGHTS OF WAY, PRIVILEGES A~ FRANCHISE TO MAI~'AIN, ERECT, CON~ STRUCT, EQUIP, CONDUCT AND OPERATE IN THE CITY OF PLAINVIEW, TEXAS,WORKS, SYSTEMS AND PLANTS TO MANUFACTURE, USE, STORE, SELL, DISTRIBUTE, CONVEY~, OR OTHERWISE USE, CONDUCT, SERVE, SUPPLY AND FURNISH SAID CI~, ITS IN- HABITANTS AkrD OTP~ERS ELECTRICITY FOR LIGHT, HEAT AND POWER, AND OTHER USEFUL SERVICES, AND TO USE THE STRHETS, AVENUES, ALLEYS, HIGPE~AYS, SIDE- WALKS, BRIDGES, AND OTHER STRUCTURES AND PLACES AND PUBLIC GROUNDS IN E~D ~CITY FOR A PERIOD OF T~ENTY-FIVE YEARS AND PRESCRIBING CERTAIN TERMS AMD COh~ITIONS THEREIN MENTIONED: BE IT 0RDAItYED BY THE CITY COUNCIL OF THE CI~ 0F PLAINVIEW: ~RCTION !. That the 0ity. of Pla.inview,. Texas, hereby grants unto and vests in Southwestern Public Service Company, a corporation, organi:~.ed and existing under and by virtue of the laws of the State of New Mexico, hereinafter called the "Company", its legal representatives, successors, lessees and assigns, a franchise with the ~ight to operate its electric plant,, systems and works now installed and in operation in the City of Plainview, Texas, and With the right to maintain, construct, build, equip, conduct or otherwise establish and operate in said City works or syste:ms'and plants to manufacture, use, store, sell, distribute, convey or otherwise establish, conduct, serve, supply and furnish the inhabitants of the City of Plainview, Texas, and others, and to said City, whenew~r they may desire.to contract therefor, with electricity, for light, heat, power and other useful services, and elements and matemials for same, and the said Company is hereby granted passage, right of way, and the might 'to continue the use and occupancy, and to occupy and use in any lawful way during he life of this f~anchise every and any and all streets, avenues, alleys, highways, sidewalk, bridges, and othe~ structures and places and public grounds of said City, both above and beneath the su:~face of the same, as maid streets,~ avenues, alleys, highways, sidewalks, bridges, and other structures and places and public grounds of said City now exist or may be hereafter extended, for every and any such service, use, effect and lawful purpose as he~ein mentioned, all such right and authority shall be conducted in accordance with all reasonable rules and regulations of the City which a~e now or may here- afte~ be in force. SECTION ll. The Said Company is hereby authorized, licensed and empowered to do any and all thingsnnecessary and proper to be done and per, formed "tn executing the powers and utilizing the privileges here- in mentioned and granted by this franchise, pmovided bhe same do not conflict with any sewer or watem lines now existing, and that all work done with utmost diligence and least inconve.nience to the oub~liC or individuals,, and said Company shall, withzn a reasonabl~ t~me, restore such stmeets, alleys and public groundS excavated by it to theim original condition as nearly as possible, and said work shall be done subject to the approval and supervision of said City or such person as i$ may des- ignate, p~ovided in laying all conduits, wires or other such Structures, and the said Company shall assume all liability or risk of damage to persona or propes~ty which may arise from the construction'or pperation of any or all of .said pl.ant or plants, and shall save the City of 'Plainview, Texas its offmcer~' and agents, harmless from any' and all liability that may a~ise or be incurred from the erection, con~ struction or operation of the same. SECTION 11i. Sout~hwestern Public Service Company shall furn- ish service sufficient to Lsupply all demands, considering the scope of the territory to be served and the amount of electricity to be used but said Company shall not be responsible or liable to. any per- son, firm or corporation, 'for the interruption of services arising from floods, fires, wind storms, accidents, acts of God or any oDher act beyond its .control, but in case of any such interruption, the Company shall use all reasonable diligence to re-establish such services as soon as possible. The company shall fUrnish single phase service to connect any permanent structure within the corp- orate limits of such City. SECTION 1V. The poles of the grantee, its successors and assigns, shall be placed and ere,ted in such manner as not un- reasonably to interfere with the use of the streets and alleys by said City, or the inhabitants thereof, or with the or~derly conduct of the business or the rights of any other public service corpora- tion having a right or franchise to operate its business in the City shall place any of its facilities in such a manner as to unreasonably interfere with the use of the streets and alleys of said City by Southwestern Public Service Company. SECTION V. The full control of said streets and alleys is reserved in the City of Plainview, subject to the terms and conditions of this franchise.~ ~enever it shall become necessary or advisable for a City street to be widened or improved as may be determined by ~he ~ity Council, and the existing poles or oower.~ lines or grantee, Southwestern Public Service Company, its successors and assigns, are so sitUated as to interfere with the use of said street or alley by the City or the Company, its successors and assigns, shall, at its own cost and expense, move said poles and power lines to a place along said C'i~y street as ~irected by the City Council. SECT~0N V1. Nothing herein shall be construed as repealing Ordinance No~ 473 passed and approved by the City Council of Plain- view, Texas, June 16, 1941, but it is hereby continued in full force and effect and grantee herein, Southwestern Public Service Company agrees to comply with the terms and provisions of said Ordinance, but nothing herein shall be construed as limiting~the right of the City to amend or modify said Ordinance No. 473. SECTION Vll. ~This Ordinance shall be in full force and effect for a period of twenty-five years from and after its acceptance in writing by SouthWestern Public Service Company, as provided in Section Vlll herof, and from and after twenty-five years from the 'date of its acceptance b y Southwestern Public Service. Company, this Ordinance and all rights and privileges granted hereunder, shall terminate. SECTION Vlll. Within sixty (60) days from the date of the pass- age of this Ordinance, the Southwestern Public Service Company shall file with the City Clerk of the City of Plainview, Texas, its written acceptance of the terms and provisions of this Ordinance and from the filinM thereof this Ordinance and such acceptance shall be deemed to be a contract between the City and said Company, and this Ordinance shall not t~ke effect until said written acceptance has been so filed in accordance with the terms and provisions of this Section, and if not filed within said sixty (60) days period as herein provided, this Ordinance shall be null and void and of no force and effect. PASSED AND APPROVED THIS THE ~ DAY OF .~ July · .... · A.O. 19~7 M.B. Hood Ma~'r of 'tHe Cit~0~ ~lainview, Texas ATTEST: City Cle~~-6f P~lainv~ew,~Texas FROM~[>THE_SP,ECIAL 1.SESSION OF ~AUGUST 26th. 1957 Moved by A1Aerman J, C. Edminston second by Alderm~n ,G. H. Wa~d,~that ordinance No. 676 (Reese Tract) be p ~ssed. The motion ca~rted. ORDINANCE N0.67,6. ~ ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0F~PLAINVIEW, TEXAS, EPPROVING ~ND ACCEPTING A PLAT OF "SUBDIVISION OF REESE PROPERTY, LOC~TED ON J. M. PRESgLER HOMSTEAD, HAI~Z COUNTY, TEXAS"~. BE IT ORDAINED BY THE CITY C OUNCIL~ OF THE CITY OF PLAtNVIEW, TEX~S:~ Section 1. That the plat designated as "Subdivision of Reese Property"~ located on J. M. Press~er Homestead, Hmle County, Tex~s, and being tha~ certmin trmct of land described ~ follows~ BEGINNING at a 5/8" rod set in the center of a county ro~d at the Northe~.'st corner of Section 41, Block JK-~, H~le County. Texas~, and in the West ~line of the J. M. Pressler Home ste~d. T~N~ South I degree 39' 40" West 1710.7 feet; T~NCE South 89 degrees 01' 20m E~t 490.3~ feet; the West w~y line of U S. T~NCE No.th a~lo~ ~ right oi' . Highwa~ No. 87 ~ 17~.feet T~NCE South 89 degrees 15' 40" West ~!~!0.8 feet to P~CE~ 0F BEGI~ING, ~d contUSing 18'35 acres. and on file with the City Clerk of the City of Pl~inview, Texms, and covering the land and are~ designated on s~id plat, is determined to be in compliance with the laws of the State of Tex~s, mhd the ~?d~inances ~nd rules and regulations of the City of Pl~nview, Texas, governing such matters, and the same is hereby approved and accepted. ~PROVED, ~0PTED AND PUBL!SP~,D BY THE CITY COU~IL OF THE CITY 0,F PLAINVIEW~ TEX~S, on this g6th d~y of August, A.. D. 1957. M. B. Hood City of Plminview~ Texas A~TEST :: P.~ H. Bryan Ci~ ~lerk l0 From Minut~e~. of Special Session of Aug. 16th 1957 Moved by Alderman J. C. Edminston second by Alderman- Go H, Wa~ that Ordinance No 677 (ELDORA S~bd~vision) be pa~ssed. The motion carried. ORDINANCE NO. _ 677 ~. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVI~, TEXAS, IP~OVING AND ACCEPTING A PLAT OF "ELDORA ADDITION TO PLAINVIEW, TEX~S"~, LOC~ED ON THE L. S. KINDER HOMESTEAD, ~ COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL$. INVIEW, TEXAS :~ Section 1. That~ the plat designated ~s "~Eldorm Addition to Pl~inview~, Tex~s'~, located on ~the L. S. Kinder .Homestea~, H~le County, Texa~, and fulty described a~ follow~s.~ BEGINNZNG ~ the Northwest corner of the L. S. Kinde~ .homestead Survey in Hale County, Texas. THENCE South 146.5 feet to .the might of w~y line of r~il r cad; THENCE South 80 degrees 30' 40m E~St 4~0;6 feet to the L. $~. Kinder Homestead. line;- THENCE No~th a~t 220.8-feet pams co~ne~ of the R. Holland Homestead, in all 245.8 feet;~ THENCE West ;!44.4 feet to the West line of Hol~nd Home~tead; THENCE SouSh 25 feet to ~PLACE OF BEGINNING. and on file with the-City Clerk of the City of Plainview, Texas,~ and cove~ing the land and are~ designated on s~id plat, is~dete~mined to be in compliance~wi~h the la~s of the State of Texas, and the O~dina~ces and rule~ and ~egulations of the City of~Plainview~, Texas, governing such matters, and same is hereby approved and accepted. ~PPROVED, ADOPTED AND_PUBLISHED BY THE CITY COUNCIL OF THE CITY OP PLAINVZEW, TEXAS, ~ this 26th day ~f August , .A.~ D. 1957. M. B. H.o0d~ M.-B'.' Hoo~l-M~!~'r ..... City of Pl~inview~, Tex~s. XTTEST :: Pe H. Bryan p",'~-H '."' 'Bt y~n-c it y Clepk From F~inutes of Regula~Session of August i9th. I957 Mr. J. H. Meyer owner of Plainview.~ Bus Company appea~ed at the hearing called for September 19th. in regard to ra~ising bus fares.. No one ap:pea~ed to protest the raise and Mr. Meyer showed tha~ he w~s not ms~:ing 'sufficient returns to operate. It w~s moved by Alder~umn Edminston and seconded by Alderms~x Irby, that Council approve the rates ~asked for .~nd the-City Attorney be instructed to prepare ordinance No. 678 putting them into effect. The motion ca, tied. ORDINANCE NO. 678 AN ORDINANCE AMENDING SECTION 25 OF ARTIDLE 3, CHAPTER'IS, THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 19~7, PROVIDING THAT THE FARE OR CHARGE FOR EACH CONTINUOUS P~SAGE AS' PROVI~ED IN THE BUS FRANCHISE LrNDER SAID ARTICLE 3 MAY BE FIFTEEN CENTS (15~'). BE IT ORDAINED BY THE CITY COUNCIL OF T. HE CITY OF PLAINVIEW, TEXAS~ Section 1: SSection 25 of. A~ticle 3, Chapter 15, of the Code of the City of Plainview, Texas, shall be amended so as to herea~fter re~d ~s follows~ "~The fare or charge for each'continuous pa~ssmge from the terminus to terminus shall not be more than fifteen cent~ (15~)~ but the grantee may, at this option, charge less than fifteen cents (15~) for ea2h such continuous p~ss~ge. "~ow~ver~, if at any time the grantee is of the opinion that any is inadequate, he may make app~lication fr°m time te the City Council for an increame of the fare then in The City Council, after ~ue and ~"~re~sonmble notice to the public, shall hold a public heating on the application, and after conser~ion of the ~igDts of the public and the benefits and convenience to the public, and after consideration of whether or not the gr.~ntee is earning a fair and re,sons,bio profit under this franchise,~ considering the n~ture, and cost of the business~ and considering the value of the franchise, and after consideration of any other pertinent facts, the existing fare may be increased to such extent ~ may enable the grantee to earn and retain a fair and reasonable profit from the business. Moreover, if ~t ~ny time the City Council is of the opinion that such fa~e should be reduced, it may give notice to the~ grsa~tee ~nd to_ the public and after public hea~ing, and after consideration Of the pertinent facts ~s mentioned above, the fare may be reduced to such extent tha~ the grantee may e~mn and retain a f~ir and reasonable profit a~ ~fores~id. P~SSED AND APPROVED THIS THE _ 19th d~y of August~. A. D. 1957. APPR 0VED: By~ M, B. Hood~ ~ M. B. Hood, ~Mayor City of Plainview,i Texas ~T~TE ST: City of' Plainview% Tex~s Minutes of Regular Session, October 21st, 1957. Moved by Aldercaan Edmiston second by Alderman Taylor that 0rdinance~No. 679 be passed to be effectiv~ when all the towns in West Texas Division approved the increase. The motion carried. ORDINANCE NO. .... 679 AN ORDINANCE DEFINING AND PRESCRIBING T**~E R~TES APPLICABLE TO THE SALE OF NATURAL GAS AND NATURAL GAS SERVICE BY PIONEER NATURAL GAS COMPANY TO ITS CUSTOMERS WHO USE NATURAL GAS WITHIN ~HE CITY LIMITS OF Pla2nview . WHEREAS, heretofore, on October 1 , 1957, Pioneer Natural Gaz Company, successor of West Texas Gas Company, submitted an application to the governing body of the City of Plainview , proposing a schedule of rates to cover the sale of natural gas and natural gas service by Pioneer Natural Gas Company to its customers who use natural gas within the city limits of the City of ~lainview ..... , such application being here referred to and made a part hereof; and WHEREAS, said application has been considered by the gov- erning body of the City of Plainview . , and it is the opinion of the City .. Council that the proposed schedule of rates for the sale of natural gas and natural gas service by Pioneer Natural Gas Company is just and reasonable, and should be approved; NOW, THE~FOHE, b~ it ordained by .~ity of. Plainview : The City Council of the That Pioneer Natural Gas Company, its successors and assigns may make charges for the sale of natural gas service to its customers who use natural gas w%thin ght City of Plainview as f~llows: First 2,000 cu. ft. or less per month Next 8,000 ~u. ft per month Next 40,000 cu. ft. per month Next 50,000 cu. ft. per month Next 200,000 cu. ft. per month Next 200,000 cu. ft. per month Minimum Bill $ 1.50 · 55 per M~cu. ft-. · 50 per M cu. ft. · 45 per M cu. Ft. .30 per M cu. Ft. · 25 per M cu. $'1.50 per month Payment: A delayed payment penalty of one-ninth (1/9) of the bill sahll be allowed for non-payment of bills within ten days after date of billing, That Pioneer Natural Gas Company, its successors and assigns may make special contracts with industrial and other customers covering the sale 8f natural gas and natural'gas ser- vice at rates other than those established herein; provided, however, that the rates established herein shall be available to the consumer at the end of any special contract period. Such special contracts may cover a period~not exceeding three years. Pioneer Natural-~s Company, its successors and assigns shall always offer the same rates to concurrent applicants for gas .service to be rendered under like or similar conditions and circumstances but shall not be required to bontinue to offer gas service to subsequent applicants at the same rates which have been previously eontracted even though such previous contracts are still outstanding. The rates prescribed herein shall become effective fo~ ~ consummation indicated be meter readings on and after Dec- ember 1, 1957. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. On motion of J. C. Edmiston .~, Seconded by Geo. L. Ta~lor ., the foregoing ordinance was passed on first reading this the 21st day of October , A.D., 1957, by the following w~te: J. C. Edmiston Voted Yes Geo. ~?_. Taylor ~Voted Yes W. H. ,Irby . Voted ' "Yes G". H. Ward Voted Yes Voted PASSED AND APPROVED this the 21st 1957. day of ..... October , A.D., ATTEST: P.. H. Bryan :~P. H, Bryan, City Clerk City of Plainview, Texas APPROVED AS T0 LEGAL FORM: M. B~ Hood M. B. Hood, Mayor City of Plainview, Texas .~ .... Joe SheEp it~ Attorney ORDINANCE NO. 679-A ALDERMAN WARD INTRODUCED THE FOLLOWING RESOLUTION AND mO~,D ITS ADOPTION BY THE CITY COUNCIL. W~REAS, the City Council of the City of Plainview has heretofore approved and adopted the City Budget for the fiscal year beginning October 1, 1957, and ending September 30, 1958: And whereas it is now deemed necessary and advisable that the City Council set the various tax rates to be levied against all ta×&ble property on the 1957 Ta~ Roll. NOW T~EREFORE, BE IT ORDAINED BY THE CI'I~Z COUNCIL OF THE CITY OF PLAINV~W TEXAS: That the ta~ rate to be levied on all taxable property~ in the City of Plainview Texas for the year of 1957 shall aggregate ~t.50 on the one hundred dollar valuation on all property on the 1957 Ta~ Roi1, which shall be approved and adopted by the City Council. SECTION 1. That said tax levy aggregating $1.50 on the one hundred dollars valuation shall he and .the same is hereby specifically levied for the following 'pb~poses and to be the following ta~ rates. General1 Fund Operating Fund. .88 one each $100.00 valuation F6r t~ interest'& Sinking Fund $ .62 ,one each $I00.00 valuation RefundinM Bonds 9-1-26 Street ,Improvement 6-1-27 Refunding Bonds 1929-8-1 Refunding Bonds 2-1-31 Waterworks 6-1-27 Sewer Bonds 6-1.-27 Street Improvements 12-t5-44 Airporl~ Bonds 12-15-44 Street Improvements 8-15-46 Water & Sewer Bonds 3-1-48 Street Improvements 3-1-48 Water Works & Sewer 1-15-49 Fire Station Bonds 5-15-~0 0647428 001th28 0080000 013 0666 0165710 oo1 4a8 0v0201190 0201190 0203895 03~9333 0052285 0479619 03 77714 Water Bonds ~-!~-~ stre p 8 eme.' Street Improvement ~-i~,~3 0.0130857 Street~ ImprqMement 4r!~-~ ~ 0,02~23~8 W~te~ ::-W~k~-~ S.~W~c'~-- i~ iD 62 cents on 9~% collection yields Interest from investments Delinquent taxes est. Total estimate income Principal & interest due Exchange charges p4,612.50 13,378.00 6,000.00 173,990.50 168,342.75 ~ 0 ~0 .00 Total requirements 168,84a.7 SECTZON22. That there 'be and is hereby levied for the year, .i957 occupation tax equal to one-half (½) that levied by the State of Te×as, upon all persons, firms, and Corporations, following taxable occupations within the City of Plainview Texas. SECTION 3. That the taxes shall be asse-ssed and collected by the Assessor-Collector of the City of Plainview, as required by Ordinance No. 373, ~ol~e 6, Page 287 of the minutes of the City of Plainview, Texas, and under the laws of the State of Texas. The above order having been read in full, it was moved by Alderman Ward and seconded by E!derman Ed~iston, that the same be passed, and which was done by unaminous vote. Done in open session this 23rd day of September, !9~7. M. B. Hood J. C. E~miston T. S. Stap!eton G. H. Ward - Mayor - Alderman - Alderman - Alderman ATTEST. P. H. Bryan, City Clerk From Minutes of YRe~gular-.~:.~Sess~jor~,-t November 18, !9~7 Moved by Alderman Taylor and seconded by Alderman Ward, that the Mayor be authorized to sign a Contractual Agreement wi th the State Highway eove~ ino · Department ~' ~ Highway No 87 ORDINANCE NO. 680 AN O'RDINA~EE AUTHORIZING TP~E MAJOR TO ENTER INT0 AND EXECUTE CONTRACTUAL AGREemENT FGR RIGPZf OF WAY PROCIK~MENT IN CONJUNCTION W~TH U. S. HIGh, lAY NO. 87 LOCATED BETWEEN THE NORTH CiTY LIMITS OF PLAI~?VIE~, TEXAS AND SOUTH CITY LIMITSOF PLAINVIEW, TEXAS. WI~REAS, the State Highway Department of the State of Texas ppoooses to Day one-half of the cost of right-of-way to be our- chased in accordance with the Hz~b_way Commission Order No 42113, dated May 31, 19~7, and; ~HEREAS, the City Council has heretofore accepted said minute now therefore; BE IT ORDAINED BY THE CITY C0~CIL OF THE CITY OF PLAI~!ViEW; SECTION I. That the Mayor of the City of Plainview be and is authorized and directed to contract with and execute 8ontractu~al Agreement for Right-of-Way Procurement with the High Department of the State of Texas in accordance with copy of ~hibit "A", contract attached hereto maa~ked and made a part hereof. .~ P~%BSED AND APPROVED this-the~tSth day of November, 1957. M.B. good__ ~..~. ATTEST: M.B. good P. H. Br~an Mayor City of Plainview RESOLUTION STATE OF TEZAS COUNTY OF HALE K~EREAS, Ray B. Jones and wife, Edna Jones have divided into lmts and block the South part of Block 37, Lakeside Addition to the Town of Ptainview, Hale County, Texas, into a subdivision known as "RAY B. JONES SUBDIVISION ~F SOUTH PART OF BLOCK .3.7, LAKESIDE ADDITION TO THE TOWN OF PLAINVIEW~' as shown by plat of said subdivision, and they have execute~ and acknowledged a Dedication Deed adopting said olat and dedicating the streets and alleys shown therein to,he ~ublic as public thoroughfares, and ~EREAS said plat appears to be in all things regular, and the ~treet~ and alleys sho~ thereon co-incide and are in confirmity ~th the esze~ tabiished streets and alleys of said City and the Dedication Deed appears to be in all things regular, and the same should be approved: IT IS TH~R~FO~E,~ ~ ORDER~DR AND FOUND By the City Council of the Cit~ of Plainview that said plat, and the Dedication Deed thereof, being renu!ar, is in all things approved. AN (17DINANCE- No. 681 ~4END!NG ORDINANCE ~6gO PASSED AND APPROVED BY THE UITY COUNCIL OF THE CITY EF PLAINV!EW, TEXAS ON gKNUARY 17, 1955 REGULATING THE RATES OF THE SOUTHWESTERN BELL TELEPHONE COMPANY IN THE CITY OF PLAINV~W~ TEXAS SECTION i: Section 1 of Ordinance F6~O ~ training to the rates and charges and. service of Southwestern Bell Telephone Company adopted on January t?, 1955 is hereby amended by substituting for the line. ~Four Party Residence Service the following: 3.75" ~'Four Party Residence Service and after note (b) adding the following: 3.75(c] ~e) ~Four-party residence telephone service is authorized only u~til such time as teleohone facilities are avail- able to furnish two-party residence telephone service to the then existing four-party residence telephone customers; at such time, four-party residence teleph~me service shall be discontinued."' SECTION 2: Nothing in this ordinance contained shall be construed now or hereafter as limiting' or modifying, in any manner, the right amd po~er of the city under the law to regulate the rates and charges of Southwestern Bell Telsphone Company. Passed and approved this the ____?_~[~7~ ~ day of 19'58. ATTEST: S/ P. ~. Bryan City ~,ecretary S/ M. B. Hood Mayor, City of Plainview ORDINANCE RATIFYING AND CONFIP24IN~ CONTRACT AND AUiHORIZIN~ ISSUANCE OF "CITY OF PLA!NViEW~ TEXAS, FIRE EQUIPMENT WARRANTS DATED MARCH 1, 195~ THE STATE (I~ TEXAS CITY OF PLAINV~W COUNTY OF HALE ON THIS, the 17th day of February, 1958, the City Council of the City of Plainview, Texas, convened in re~ular session, at the regular meeting place thereof in the City Hall, there being present and in at- tendance the following members, to-wit: M. B. HOOD MAYfR G. H. WARD ) GE(R GE L. TAYLGt ) W. H. IRBY ) .ALDERg~N and with the following absent: T.S. St__~aoleton , constituting a quorum, and among other proceedings 'had, were the ~o!10wing: Alderman ~ard introduced a orooosed ordinance, and made a motion that any rule requiring ordinances to be read at more than one meeting be suspended. The motion was seconded by Alderman ~ and carried by .the following vote: AYES: Aldermen Edmiston, Ward, Taylor, Irby and Stapteton NOES: None. Alderman Ward made a motion that the ordinance be passed finally. The motion was seconded by Alderman Irb~and carried by the following vote: AYES: Aldermen Edmiston, Ward, Taylor, Irby NOES: None The Mayor. announced that the ordinance had been finally passed. THE ORDINANCE is asfollows: "AN (RDIN~qCE by the City Council of the City of Plainview, TexaS, ratifying and confirming contract by and between the City of Plainview, Texas and Mack Trucks, Incoroorated of Plainfield_~. Je~se_~Texas,~~ebruary ~-~ 1-~[~roviding for the issuance of interest bearing time warrants payable to contractor or bearer, for the purpm e of paying a portion of the cost of certain fire equipment; enacting provisions incident and relating to this c~di- nance; and declaring an emergency." WHEREAS, heretofore, to-wit; on the 16th day of December, 1957, the City Co6ncil of the City of Plainview, Texas, passed and adopted that certain resolution authorizing the Mayor to advertise for bids for the purchase of fire equipsent, and giving notice of the City's intention to issue time warrants to evidence al.1 or a portion of the indebtedness to be created therefor, and v~ich resolution is re- corded in Book 12, Page 129 of the Minutes of said City CounOil; and ~EREAS, the City Council has duly ascertained and determined that the notide prescribed by the aforesaid resolution was duly issued and published in Plainvie~ Dail \ H~r~ld.. , which is a news- paper of general circulat-~~ published in t t~e City of Plainview, Texas, on the following dates, to-wit: January 10~ 195~ and Januar~y~17 1958 , the date of first pub i~ion being at least ~-[1~) days prior to February 3, 195~, which is the date stipulated in the aforesaid resolution and notice for consideration of proposals or bids; and WHEREAS, it was provided and stipulated in such notice that sealed proposals would 'be received until 5:00 o'clock P. M. on the 3rd day of February, 1958, at which time said propc~ais were to be publicly o~ened and read~ and ~tlEREAS, the City Council at such time found and determir~ d that it was proper and necessary .that said bids be referred to the City Secretary for tabulation and checking; and WHEREAS, by resolution duly passed' and adopted on the 3rd day of February, 1958, the City Council of the City of Piainview, Texas ~irected that the aforementioned bids be referred[ to said City Secretary for tab- uiation and checking, and provided further that said City Council should meet in regular session at the office of the City Secretary, P!ainview~ Texas, on the lyth day of February, i9~8 at 7:30 o'clock P.M,, for the purpose; of ~a~¢-¢e-~g ~ ~ef ~.o~es.~ ~andl ~e~t~b~:dls_~bm~t~, and fa~ the purpose of ~assing and ordinance ratifying ar~ confirming contract and authorizing the issuance of time warrants in paYment of all or a por- tion of the cost thereof; and ~¥~E~EAS, it was provided and stipulated in the aforesaid resolution and also in such notice that it is the intention of the City Council of the City of Plainview; Texas, to issue time warrants of said City to the proper contractor in paYmehta~f all or a ~ortion of the contract ~rice, aa.~d warrants not to exceed the principal-sum of T~NTY THOUSAND ~OLLARS (~20,000), the principal of said warrants to be ~ayable serially with the maximum maturity date ~eing not later than D~cember 31, 1962, and to bear interest at a rate not to exceed FOUR PER CENTUM (~) ~e~ annum, payable annually or semi-annually; and ~E~EAS, 'the City Council affirmatively determines anl finds that no petition of any kind has been submitted to the City Secretary of the City of Plainview, Texas, or to any member of the City Council, or to any officer of the City whatsoever, requesting a referendum vote upon the question of authorizing the issuance of the bonds of said CitM for the purpose of providing the money with which to purcb~.se said fire equipment or the issuance of the interest bearing time warrants of the City in payment of all or a portion of the cost thereof, and that therefore this City Council is authorized and empowered to proceed with the acceptance of proposals and '~warding of contract and tb~ issuance of interest bearing time warrants in payment of all or a ~artion of the cost o~) such fire equipment. ~EREAS, on this the 17th day of February, 1958, the day assigned for acceotance of bids, ~ursuant to the aforesaid resolution, and at the time~ and place specified therein, the City Council has received and considered the reco~nendations of the City Secretary as to t~ lowest and best bids submitted for the advertised purposes; and ~EREAS, the City Council hereby affirmatively find and determines that the proposal submitted by M~ack Trucks~ ~ncor~orated of Plainfield New Jerse_j[ was the lowest and .b~-'t bid ~u~mitte ;~ ' WHERE~S~ it is affirmatively found and adjudged that said bid is in struct accordance with the advertised notice to bidders; and k~EREAS~ it is affirmatively found and adjudged that the awarding of such contract and the issuance of the time warrants herein authorized, will not exceed any cons.titutional or statutory limitation or authority of the State of Texas; and ~ ~HEREAS~ by virtue of the aforesaid conclusions of this City Council, it is found and adjudged that contract should be, and same is hereby ordered[ entered into by and between the City of Ptainview, Texas, and the aforesaid successful bidder, on this the !7th day of February, 1958 said proposal and acceptance thereof constituting said contract and being as follows, to-wit: 'PURCHASING DEPAR~/~ NT City of Plainview : Plainview, Texas F2bruarM 17, 1958 Dear Sirs: We are pleased to submit the following bid on One (1) 750 G.P.M. Pumpber of the Two-Stage Centrifugal Type Pump. Engine not less than 245 brake H. P. Equipped; To hold 1600' or 2-1/2' hose; mud and snow type tires; open type cab. Total ................ ~ ....... ~ 19,750.00 ~e will accept payment as follows: ~ 19~750o00 in legally issued time warrants as per your advertisement, and ~ -0- in cash, such warrants to be known as "City of Pia~nV~W, Taxas,'Fire Equipment ~arrants~, dated March 1, 195~, bearing interest at the rate of ~% per annum, payable annually ~ ' ' o~ semm-annual!y, mn denomination of ~!,000 each, except ~arrant Number One (1) which is in the denomination · of ~750.00, ~maturing serially on March ist in each of the years as follows: ~4,750 1959 5,000 1960/62 both principal and interest being payable at The City National Bank of Plainview, Piainview, Texas, or at the option of the ho~ er thereof at the Hale County State Bank, Plainview, Texas. Respectfully submitted LUBBOCK ~iACK SAlE S LUBBOCK, Texas By S/ Dan E. Lak~ The foregoing proposal or bid of Mack Trucks, Incorporated of Plainfield,~ New Jersey, accepted and approved by t~ City Countil of the City of Plainview, Texas, this the 17th day of February, 1958. ATTEST: ~/ M. B. Hood D~ayor, City of Piainview, Texas S~. P. H._~an City Secretary, City of Ptainview, (City Seal) APPR~OVED: , i~y of Plainview, Texas. AND ~HEEEAS, it appearing to the City Council that all prerequisites for making a legal, binding and subsisting contract have been complied with, and that all the provisions of Article' 2368a, Vernon's Annotated Civil Statutes of Texas, 1925, as amended, have been complied with, and that this City Council may properly proceed with the ordinance authorizing the issuance of said warrants to be delivered in ~uayment of part of the cost of the aforesaid fire equipment; therefore BE IT ~-tDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTIONal: That the contract made and entered into between the Contractor and the City, hereinabove set forth, ~s hereby RATIFID, CONFIRI~D, APPROVED AND ADOPTED, and declared to be the legal contract of said City, and to have effect according to its tenor ard purpose and as the official act and deed of the City of Plainview, Texas, and that same shall be binding upon the parties thereto. SECTION 2' That pursuanv to the aforesaid contract there shall be and there is hereby ordered to be issued under an~ by virtue of the Constitution and laws of the State of Texas, the warrants of said City in the princioal amount of Nineteen Thousand Seven H s =s w~r.~ Dollars ($19_,~50.00), to be n-~ ~s ~%~FI~E EQUIPMENT WARRANTS~', dated March 1, '1958, with numbers denominations and maturities as hereinafter Stated. SECTION 3~: That said warrants shall be numbered consecutively from ~~~o ~ (20), both inclusive, shall be in de- nomination of One Thousand ~oltars (~00) each;(except Warrant No. 1 which shall be in the denomination of 3750.00:) and shall mature serially, without right of prior redemption, in accordance with the following schedule: WARRANT NUZzlERS MATURITY DATES ;fl~i0 UNT S 1 2 to 5 inclusive 6 to !0 inclusive 1i to 15 inclusive 16 to 20 inclusive MARCH 1, 1959 March 1, 1959 March t, 1960 March 1, 1961 March 1, 1962. 75O a,O00 5,000 5,000 5,000 SECTION ~" That said warrants shall bear interest from date until paid .at the rate of FOt~ PER CENTUM (~'%) per annum, payable on March 1, 1959, and semi-annually thereafter on September 1 and March 1 in each year; such interest to be evidenced by proper coupons attached to each of said warrants. .SECTION 5: That both principal of and interest on said warrants shall'7~ pay-g~-l.e in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at THE CITY NATIONAL BANK (F PLAINVI~-~, Plainview, Texas, or at theootion of the holder thereof, at the HALE COUNTY STATE BANK, Pla. inview, ~exas, upon presentation and surrender of pro]per warrants or interest coupon-s. SECTION 6: That each of said warrants shall be signed by the Mayor, countersigned bM the City Secretary, and registered by the City Treasurer, and the corporate seal of the City of Piainview, Texas, shall be impressed upon each of them. The facsimile signatures of the Mayor and City Secretary may be lithographed ~ printed on the interest c cup on s. oEC ~ION 7: as fol!ows: That the form of said warrants shall be substantially NO.____ UNITED STATESOF AMERICA STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW TmXAS F][RE EQUIPMENT WARRANT , , THIS IS TO CERTIFY that FOR VALUE RECEIVED, t~ City of P!ainview, a municipal corporation of the' State of Texas, is justly indebted to and hereby obligates itself to pay to i~[ACK TRUCKS, INCORP~ATED, or bearer, on the FIRST DAY OF I~.-~ARCH, 19__ , at The City National Bank of Plainview, Plainview, Texas, or at the ootion of the holder at the Hale County State Bank, Ptainview, Texas, t~e principal sum of DOLLARS (~ ), in lawful money of the Unites States of -~merica, with interest thereon from the date hereof until Daid at the rate of FOUR PER CENTUM (4~) p~r annum, evidenced by' coupons attached hereto, payable on March 1, 1959, and semi-annually thereafter on September ! and March t in each year, and interest falling due on or ]prior to maturity hereof is payable only upon presentation of the interest coupons hereto attached as they severally become due; andqthe Treasurer of said City is hereby authorized and directed to pay said Contractor or bearer, principal sum, together with interest thereon, payable at the paying agency named above, withouv exchange or coilection charges to the owner or holder, out of and from. moneys belonging to the · '~Specia! Fire Equipment Warrant Fund~, created rcm that purpose. THIS WARRANT is one of a series of Twenty (20) serial warrants, numbered consecutively from One (1) to 'lRventy (20), both inclusive, in denomination of One Thousand Dollars ($1,000) each, exceot Warrant No. 1 in the denomination of Seven Hundred Fifty Dollars (i~50), aggregating the principal amount of NINETEEN~ '~ THOUSAND SEnIEN 'HUNDRED. fIFTY EOLLARS (~.~19,750], originally issued by the City of Plainview, Texas, for the purpose of paying a portion of the cost of certain fire equipment for the protection of the inhabitants and property of the City, in accordance with contract made and exacuted under and by virtue of tbs Constitution and laws of the State of Texas~ and ~ursuant to an ordinance duiM passed and adopted by.the City Council of said City, and of record in the Minutes of said City Council. AND IT IS 'HEREBY CERTIF~D, RECITED AND REPRESENTED that all acts, conditions and things required to be done precedent to and in the issuance of this warrant and of the series~of which it- is a part, to render the sar~ valid and legal, have been _properly done, have Happened and have been verfo~aed in regular and due time, form and_ manner, as required by law, that due and proper provisions have been made for the levy of a direct and continuing ad valorem tax against all taxable property within the City in amounts suf- ficient to provide a sinking fund for the redemption of said warrants at maturity, and for the payment of all interest thereon as same accrues; that the City has received full value and considera- tion for said warrant, there being no warranti~ concerning the per- formance of the contract for which this warrant was issued which have not been fulfilled in all particulars by the contractor, a=! that the total indebtedness of said City, including this warrant and the series of which it is a part, does nov exceed any con- stitutional or statutory .limitation. IN TEST~.~[ONY ~EREOF, the City of Piainview, Texas, by its City Council has caused its corporate seal to be affixed hereto and this warrant to be signed by its Mayor, countersigned by its City Secretary, and registered by its City Treasurer, and the in- terest coupons hereto attached to be executed by the lithotraphed or printed facsimile signatures of the Mayor and City S~cretary; the date of this warrant, in conformity with the ordinance above referred to, being the 1st day of March, 195~. COUNTERSIGNED: Cit/ Secretary;,~ C~y of Plainview, Texas REGISTERED: This theday of Mayor, City of Ptainview] Texas , 19 , City ~easurer, ~ of Plainview, Texas SECTION ~: That the couoons evidencing the interest to accrue on each of said warrants shlt be substantially as follows: NO. ON THE DAY OF $ 19__ The CITY OF PLAINV~W, a municipal corooration of the State of Texas, hereby promises to pay to or bearer, at THE CIT~ ~IONAL BANK OF PLAINVIEW, Plainview, Texas, or at the option of the holder, at the ~ALE COUNTY STATE BANK, Plainview, Texas, the sum of DOLLARS ), in lawful money of the United States of America, without exchange or collection charges to the owner or holder, said sum being months' interest due that daM on 'CITY OF PLAINVIEW, TEXAS, FIRE EQUIPMENT WARRANT~, dated March 1, 1~ Warrant No. City ~ecretary Mayor SECTION 9: That the following certificate shall be printed on the b]~c-~~-~ warrant: A S S IGNMENT THIS IS TO CERTIFY that _= ~ , Contractor, h-~ received the within warrant from the City of ?lainvie~w, Texas, in payment of the amount due by said City to said Contractor by virtue of the va'[id and subsisting contract en- tered into by and between said Contractor and said City on the 17th dam of . February, 1955, and F~R VALUE RECEIVED, the said Contractor hereby transfers, assigns, sells and d~livers to bearer, 'without re- course, all his right, title and interest in and to the w~thin principal warrant and interest thereon, and the said bearer is hereby subrogat~d to ali. claims, liens, rights and title whether at law or mn equity which are or may be secured to the said Contractor in the aforesaid contract, and tlhe bearer hereof is authorized to collect 'the same and give full receipt and acquittance therefor. Contractor~ By Its SECTION lO: That said warrants shall be executed and delivered by th~yor, C--i-ty Secretary and City Treasurer upon orders of this city Council, at such time as the fire equipment herein described is delivered to and acce~ted bM the City. SECTION llt BE IT FURTHER ORDAINED BY THE CITY COUN[~L OF THE CITY ~-~-~W', TEXAS: Tibet a special fund to be designated ~Speciat Fire Equipment Warrant Fund~ shall be, and same is hereby provided and esta$iished; and the proceeds of all taxes collected f~ or on account of this series of warrants shall be credited to said fund for the purpose of paying the interest on and to provide a sinking fund for the redemp- tion of said warrants at maturity and said fund shall be us ed for no other purpose; that, while, said warrants, or any of them, are out- standing and unpaid, there shall be annually levied, assessed and col- lected in due time, form and manner a tax upon all taxable property in the City, sufficient to pay the current interest thereon and to create a sinking fund sufficient to pay each installment of ~rinci~al as the same becomes due; and to pay the interest on said warrants ~ro the first year, and to create a :~sinking fund with which to pay the principal as the same becomes due there is Ye reby levied a sufficient tax on each on.e hundred dollars' v:~lu~etion of taxable ~roperty in said City for the current year and the same shall be assessed and collected and applied to the purpose hashed; and while said warrants or any of them are outstanding and unpaid, a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the current. ~nterest on said warrants amd to .~rovid'e the necessary .sinking fund, full allowance being made for delinquencies ar~ costs of col!ecg[or.., shall be and is hereby levied for each year, respectively, while said warrants, or any of them, are outstanding and unpaid, and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on said warrants. The City. Council h~reby declares its purpose and intent to provide and levy a tax legally and fully sufficient'for such warrants, it having been determined that the existing .and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. o~CTION 12 AND BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF TH~ CITY U~ PL~:E~, TEXAS: T~t the public importanceof this measure and the fact thatit is to the best interest of the City to purchase the aforesaid fire equip- ment for the protection of the inhabitants and property c~ the City, constitute and create an emergency and an urgent public necessity, re- quiring that any rule providing for ordinances to be read at more than one meeting be suspended, and requiring 'that this ordinance bepassed and take effect as an emergency measure, and such rule and provision is accordingly suspended and this ordi~a~ce is ~assed as an emergency measure, and shall take effect and be in for~e from and after its passage .. PASSED AND APPROVED, this the tTth day of February~ 1958. . $/ M. B. Hood MAYOR, CITY 0~~, TEXAS ATTEST: S~/ P. H._BrMan ,Ci%~f ~CRSTA_,~Y~ CiTY OF PLA!~Vi~ TEXAS City Seal ) APPROVED: ~/ Joe Sharp CITY ATTORNEY, City of PLa~i-view, Texas From Minutes of Regular Session, March ~7~-1958- Moved by Alderman Ta~?lor seconded by Alderman Irbv,-that the following 'Ordinance be~ado~t~ng Ordinance #683. The motion carried. AN ORDINANCE ANNEXING AND IN~}ORPORATING INTO THE CITY LIMITS 0F THE C!'TY OF PLA!NVIEW, TEXAS, AN"-AREA ADJACENT THERETO AND FINDING AND DETERMINING THAT .PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, G~UALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED · WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH AN- NEXATION AND MAKING SAiD AREA SUBJECT TO THE JtlRISDICTION OF THE CITY OF PLAiNViEW, TEXAS. WHE~AS, a petition has been signed mhd filed with the City Clerk of the City of Pla ~nview, Texas petitioning the City Council of the City of Plalnview to annex and admit the follow- lng described area and terr~tor.~ into the City of Plainview, to-wit: Brock Addition, Unit No. 1, located on the Southeast 1/[4 of Section 27, G. C. & S. F., Block JK-2, Hale County, Texas, as shown by map, and plat of said Addition recorded i.n the Deed Records of Hale County,. Texas, a~nd on file with the City Clerk of the City of Pla~nview, Texas; and WHEREAS, the City Council upon a considerstion of said petition, has found and determined that a m~jorit}~ of the resident, qualified taypaying voters residing in said area 'have signed said petition; and Wi[EREAS, the City Council finds that all of said are.a is contiguous to the present city limits of the City of P!ainview, and that it is desirable, expedient and for the best interest for the residents of sai. d area and for the City of Plainview that said area be annexed to the City of Plainview. NOW, THERI~PDRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW, TEXAS: SECTION 1: It is found and determined by the C.ity Council that the following described tract of land, to-wit: Brock Addi. tion, Unit No. !, located on the SoutheaSt 1/4 of Section 27, G. C. & So F., Block JK-2, in Hat'6~ County, Texas, described by metes and bounds as follows: BEGIN~ilNG at a point 4~0.06 feet north of the Southeast corner of Section 27, Blcok JK-2, Hale County, Texas; THENCE West 195 Feet; THENCE North 1~3[~.08 feet; THENCE East 195 feet East to the East line of Section ~7; THENCE South 1~34.02 feet to the PLACE OF BEGINNING, and containing 6.87 acres; .- all of which land lies and is situated in Hale County, Texas; and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2~ It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have du~y signed a petition on file with the City Clerk, petition- ing the City Council to a~mit, incorporate and annex the above described area into the corporate limits of the City of Pla~nview, Texas, and that said petition is in all respects regular and in compliance with Section ~ of the City Charter of~ the City of Piai~viewo SECTION 3:: It is found, determined and ordered b.v the City Council of the City of Pta~nview, Texas, that safd petition in all things be granted and that the above described area be and tlhe same is in all respects incorporated into and made a part of theCity Limits of the City of Plainview. SECTION ~.'[ It is further determined and ordered b.~ the City Council that the above described area from sm_d after the ~ffective date of this ordinance be subject to the control and jurisdiction of the City af Pla nview and subject to taxes and other assessments which may be levied by law from and after January 1, i9~8. PASSED, APPROVTD AND ADOPTED this the ~17th day of March, 19~8. M. B. Hood Mayor, City of Pta~nview, Texas ATTEST: P. H. Br~van ~ Clerk, City of Plainview, Texas (Seal) Moved by Aldermma' Irby seconded by Alderman Stapleton, that the plat be approved being 0~dinance ~ ~684. ORDINANCE # 684 AN ORDINANCE OF THE. CITY COUNCIL 0F THE CITY OF PLAIN-~ VIEW, TEXAS, APPROVING ~ND ACC'EPT~NG A PLAT OF BROCK ADDITION, UNIT NO. 1, LOCATED ON THE SOUTHEAST 1/4~. OF SECTION NO. 27, G. C.' & S. F., BLOCK JK-2, HALE COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF TRE CITY OF PLAINViEW, T EX ~.~S: o~I~sN !: That the plat designated as- Brock Addition, Unit No. i, located on the Southeast !/4 of Section NO; 27, G.C. & S. F., B!mck JK-2, Hale County, Texas, located~on that certain tract of !and lying and being situated ~n Hale County,' Texas, and fully described as beir~: A tract of land out of the Southeast 1/4 of Section No. 27, Block JH-2, ~G. C. & S. F.., Hale Co-~mty, Texas des- or!ced as BEGINNING at a point 4~0.06 feet north of the Southeast corner of Section No. 27, Block JK-2, Hale Co~_nt¥, Texas: THENCE West 19~ feet; THESe'CE North t~34.02 feet; THai'CE East 19~ ft. East to the East line of Section 27; ~H~2,~C~ South l~3Lt-oO~ fee't; ~o the place of B~G_.T, NNING, and containing 6.87 acres of land; 24' and filed with the City Clerk on this date, cover~n~ the lands and area designated on said plat, is dete'rm~ned to be in co~tpliance w~th the laws of the State of Texas, and the ordinances'and rules and regulations of the City of P!ainview, Texas, governing such matters, and same is hereby approved and accepted. APPROVFD, ADOPTED AND PUBLISHED BY THE CiTY COUNCIL OF THE CITY OF PLA EVIEW, TEXAS, on this the 17th day of March, 19~8o ATTEST: M. B. Hood Mayor, City of Plainview, Texas P. H. Br~-an City Clerk, City of Plainview, Texas (Seal) Fvom~L~nutes ~f Regul~ Session April 7, 1955 Ambulances ~ Edmiston, that the Ordinance be adopted. The mo~o'~n candied, AN ORDINANCE PROVIDING'FOR THE NEGOTIATING AND OPERATION OF AMBULANCES; FOR~ULANCES, ~UIRI~ F~ST A~ ~R~IN.I..~/~G FOR OP_~R~2E~_O~.:_~~,~ · PROVIDING FOR REGULATIONS FOR THE USE OF. W~NiNG .SIGNALS ON ~_A~U~G -, ~-~ ~-J~'~- ~"~"~ ~D OF ~MB~ANCES~'REQD~IRING ~ULANCES TO BE v,~,~-~ ~V~w ~?~ENSs ~IRING INS!IRANCE$ PROVIDING FOR OANCELLATION OF FRANGHISES;~ REQUIRING PERMITS FOR THE DRIVERS OF AMBULANC S PROVIDING FOR THE CANOELLATION OF SUOH PERMITS; PROVIDING FOR .PENALTIES; 'PROVIDING ASAVINGS 0LAUSE; AND PROVIDING A PENALTY FOR THE VIO~TION HEREOF. BE IT ORDAINED BY' THE CITY OOUNOIL OF THE CITY OF PLAINVIEW, TEXAS.' ~E¢.TION '-OE:: ~finittons: ia) The wo~d ".ambulance" shall' mean any vehicle eqUipped f. or t~zns~o~ting the woUnded, injured, sick o~ d~ad ~nd shall incluae eme~g~.y' a~bulances,, invalid coaches and funeraA cOacaes. (b) The wo~d "person" shall include both singular and plumal and shall mean and embrace any.-pe~son, fi~m or oompo~ation, thei~ agen~s~ servants and employees, (o) The word "city" o~ "said city" as used in this o=dinance shall mean the Ofty:°f Plainview, Texas, (d) The te~m "s~ee$" o~ "streets" as ~used in ~hls o~dtnanoe shall mean an= include any.street, alley, avenue, boulevard, dmive o~ highway commonly used fo~ the .purpose of public travel within the co=po~ate limits of the City of 'P~inview,. Texase (e) FRANCHISE OR LIOENSE TO OPERATE. The te~m "f~anohise, and the te~m "license tO operate" shall mean an autho~ity issued by the Direoto~ of Public Safety o~ the City Coune. il, after a finding that public convenience and necessity, so ~equire its which may be issued to an owne~ of ambulances, which authorizes such owne~ o~ operator of ambulances to eng~ge in the business-of ~ansp°rtation by ambulance, The te~m "license. ~.when Used alone, shall'apply to the authorization made to a:f~anchise holder, which is a license to operate one o~ mo~e ambulanceS, and although a f~anohise may be held by an owne~ and ambulanCe operator for" a designated number of licenses to ~e~ate a · speCified number of ambulances, application must be made. by the franchise holder for placJ.~t m~sre ambulances within his license, to operat, e. The term "franchiSe" .,ihall mean the award of a cer-tificate of. public convenience and necessity, and an appllca~ion as .~ell:::as an aUthority to operate more vehicles than originaIly granted by the certificate of public convenience amd necessity Within a franchise in tantamount to an amendment off ~'the franchise by g~atin~ additional licenses for additional ambulanees. (f) OWNER 0R AMBULANCE OPERATOR. The term "owner" and the te~m "ambulance operator" shall be construed to mean any person.who has the control, direction~ ~matntenanee and benefit of the collection of revenue derived f~om the operation of ambulances on or ove~ the streets or p, ubltc ways of the city,, whethem as an owner or 'otherwise, except d~ive~" as hereinafter defined. (gi DRIVER. OR C~UFFEUR. The term "driver" or "-ch_~_uffeu~" shall held to include every person in ae~ual ~ge of ~he operation of ~bulan~e, as ~he~ein '~efined, whethe~ .as~owne~ o~ ~emt, servant o~ e~.lo~e Of ~he' owne~, as ~ein defined. (h) PUB.L_IC.CON~NIENCE AND NECESSITY. The term ,~ubli6 convenience and nece,ssitY", Shi~ll:"mean'a publto~ convenience which is fitting and suited to the pabli~.~need, and.a public necessity whi'eh embraces a g~eat and urgent, public convenience. The~-te~m as ~pplied to a p~oposed se~vlce by , as applicant shall mean t~t applicant' is fit, able and willing to pevform t~v~ovtatton by ~bUl~ees in accordance with the vequi~ements fop t~s ~tiele ~d that public convenience and necessity ~equi~e the service p~oposed by such. applic~t. (~'f'} ~.DIRECTO~ OF-PUBLIC SAFETy. whenever, the term "Directom of Public Safety" is used 'in this article is meant the Direc~tor, of Publi~. ~afety,. Health'and WeLTsme oi' the Ci%y of Pla~nv~w. PUBLIC CONVENIENCE AND NEOE.~SITY. (a)' A-f~anehise to operate ambulances to. any owner will be granted the city-council after a hea~ing is fi:mst held by the Director of provided, however, t'h~ t the-city council may grant franehi, se to one or more owners now presently operating~ ambulances, without a hearing .~y.:--the Director ef PUblic safety. N6 license to operate an ambulance, and no franchise shall be issued by the, city clerk of the c~Lty until the Di~e.otor of Public Safety, or the city council· shall first-afte?'a hearing, declare by certificate that the public convenience, and necessity requi~e the proposed ambulance service for which application for a license or franchise is made; provided, however, that such deela~ation of public convenien,:e and necessity shall, not be necessary in the following instances: (1) For licensing the same number/ of ambulances operated by the applicant;~ un, er the same name on the effective date of this ordinance or the renewal of the same number of licenses annually thereafter; For renewal of licenses to the ~aPPlicant ~for the number of for~ wlhich the DirectOr .of PuBII~ Safety shall have, at any time p~iOr to the application for such re,~wal made .a declaration of public e¢~nvenience and necessity; provided, however, t~t such ~Bul~ees been duly licensed ~d operated by the ~plic~t ~t~ the yea~ next p~io~ t~ that for w~eh such ~enewal is sought. (b-) In determining whether Publicl c¢~nvenience and necessity require the of such ambulances for Which applica2ion may be made, - Public Safety shall take into consideration: (t)' ~ether the demands of* public convenience and necessity require such proposed or such additional ~abulance sex-vice within the city; {2) ~me financial responsibility of the applicant; (3) The number,, kind and type of equipment to be 'used by applic ant;; (4) The increased traffic congestion on the 'streets of the ~' city which may result; (5) Whether the safe use of the streets of the city bY the public, both vehicula~ and 'pedestrial, will be unduly endangered by the ~anting of such additional liCense; (61) Whether the applicant is fit, able and willing to perform transportation by ambulances; -amd .... (7) SUch Other facts as the Director of ~Publie'Safety may deem advisable or which: 'may throw light on public necessity and convenience- No application will be granted and no finding shall be made of public and ~til there 'is a findi~ tl~t such {c) , except those (1) and shall blanks to there .is a~ public deman~ and need in sub-division (a) paragraphs ~ation therefor on of such application, to be published in one of the daily neWspaPers~'of the city. The cost. of publishing such .notice shs in full by the apPlicant and. 4UCh not,ce shall set.~ out application has .been filed for am ambulance licenSe,~ the name~ applicant equipment, and all other data from the.~ ~to~ a notice to all holders of ambulance licemses and ~o the publtc that a public hearing will place in the city, to~ be deSignated~by the Director of Public~ y in the notice, and-at a designated time stated in the notice which designated time shall not be less than five days nor more than fifteen days after the date of the f: Publication 'of notice. 'and such 'notice shall be published ~=~ three A~I holders .of ambulance licenses' or any other citizen Shall thereupon be entitled or protests that such Panty' may see' fit. .At the time of the holding of the investigation and with the the Director~ of 'PUblic Safety 'shall-~ cOnsi~e~ all el' the cemPlaint.s and in. e hearing shall have ~he ~ight ~e call such witnesses as he shall s . In-all sue the burden of proof shall" be upon the- applicant to' :eStablish b ..ogent and convinclm~ evidence thai'the-pUblic convenience and necessity require Such operation of the Vehicle's fo~' which the Safety finds-f~om his investigation and beaming that the public convenience and necessity JUstify the oper- ation of the Vehicles for which a license ts desired, he' shall notify the applicant of his' finding. ~thin five ~ys there~ter the ~plicant s~ll furnish to the Di~ecte~ of ~elevant be re:q~t~ed ~d ~f ~o~ of Public S~ety then finds that Licant: is t~ owne~ of and ~te~s to become the bona fide ,e~ato~ of the vehicles for which a lice~e' is desIPed~ public liability, d~age shall f~t~m find of ~su~ce: ~s ~led ~d deposited with t~t' sue~ resoles C~mply wtt~ and the applicant ~s with all 'relevant ppovisio~ :of. this: a~icle ~d ~y' of of the :~uXes and regulations es- out the pu~ose'and y not s less Ys after his findings haw , ce~tifyIng 'that the publicconvenience and necessity require the operation of the proposes vehicles licensed as ambulances and a franchise to operate ambulances upon complying with all other provisions of this a~ticle. (e) If 'the Director of pUblic finds' from such investigation and hearing that the~public c°nvenience necessity does not Justify the operation of the vehicles for' which a license is desired,' he shall forthwith notify the applicant of such finding, (f) ~-~'~After ~he Director of Public Safety has made his finding and deela~ed~the ~same, eithe~ the applicant for the license or the oPponen~s ~o s~ll have ~he ~igh~ '~0~:app~ to ~he city co,oil ~nd such appeal shall be pe~fee~d-by a le~te~ ad~essed t0 ~he c~ty council, sta~i~ that an appeal f~om decision of ~he o~ Publi~ S~ety is desi~d to ~he city co~cil as a w~,l:e. The~ City co~c'il, as soon as p~acticable ~e~ ~eceivlng notice of appeal f~om the findi~ of the Di~ec. to~ of ~b~c S~ety, s~II ~,~t 'the appellant a hea~i~, ana '~te~ the ~a~ing of such appeal s~ll modify,~ sus'~a~ ~ ~ve~se ~he f~d[~$ made by t~-D~ectoP of Public S~ety, .am~ 'shall certify' its decision to the Director of ~blio S~e~ If no f~m the finding made by ~he. above, t~ dec~sion of the~ D~ecto~ ~ Public be fin$~I. {~ UPon co~laint filed by any per, son with ~he Di~e~o~ ~f Public Sa2e~y, ~ ~on his own motion, t~ Di~ctor of Public Safe~y, afte~ five days,, no~ic~ of time. eO~la~, to ~he owne~ o~ ope~ato~ of any aga~st whom eo~ain~ 'is ma~, may he~ evidence with ~efesme~e ~o such co~laint, ~d s~ter such hea~i~ the D~,ecto~ of ~blic Safe~y may 2evoke om su~end the f~anchise of such owme~ or ope~ato~ of ambulances fora good ~a~se showne (h) After~ the Director of'Public Safety has' hesmd the complaint the revocation or suspension of the f~amchise of any owner or ope~ato~ of ~ ~bulance~ ~, shall m~e his fi~t~s ~d decl~ t~ s~e a~d eithe~ ~he ~ne~ ov ope~ato~ of such ~bul~ce o~ the co~~ s~ll h~ve the v~h~ ~o appeal to~ c~y co.oil wt~n ten ~ys~ ~d sUeh~ppeal s~ll be pe~feeSed by a lette~ ad~esSed to the ~able mayo~ and ~he City eo~eil, stating'tha~ an appeal f~om t~ ~li~ of the Di~ecto~ o~~ Public ,s. desimed: ~o the city co.oil as-a whole. If ~y appeal fmom the of-the D~ee~or of Public S~ety is perfected as above p~ovided~ the ~eeiSion of the ~ee~o~ of Public Safety s~ll be suspended ~til passed'upon by ~he~ city co, oil.- Upon receivt~ such appeal, t~ city coVmeiI, as soon as' p~acticable She=e~tem, s~ll he~ such appeal ~ s~ll either sustain, modify oP ~ve~se the decision of the D~ec~o~ of Pubic Safety. ~ no appea!.ts t~en as pmovide~ above the ~uling ~he Director of Public Safety s~i1 be fill. The~ h~Ider o~'.' a~ franchise as defined, tn Section One of this Shall pay ~.o. ~h~, city. clerk of the City of 'Plainvie~ as a franchise fee the sum of $7.50 per 'yea~ for :each ambulance operated .by him ~ithin the Cl~y of Platnview. Such fee shall be paid to the city cle~k of the' City of Plainview by the f~anchise holder for ~he license to operate each ambulance owned and operated by him unde~ his-franchise. No franchise or l~cense shall be t~ansfe~able. AND PARES TO BE CHAR' ~ED. Whenever the city council of-th,e City of ~ainview shaI1 determine that it is to thie best Interest's of ~the public t° fix the ~tte Or fa~e to be chsmged for ~bul~ces opePated t~ t~ City of Plainvte~. t~ sai~ co--il s~ll ~dopt, by schedule which shall become apart of ~s se~ion Of t~s "ar~iele~ a zone map which s~ll be on -~ile in t~ office of the c~ty clePk showin~ the zones ~d the ~ate of f~e to be ch~ge~ in such zones-fo~ ~bul~ces ope~ati~ in t~ city. T~ said schedule shall se~ forth the'fees and' rates to be c~ged by ~1 ~bul~ces ope~atin~ Within t;he city l~its of the City of Pla~view. ~T_ION'iF:I.~j:c"-~ANCHISE REQUIg~D. No person slmI1 be permitted to engage in the transportation of 'persons fo~ hire-in the operation of ambulances in the ci.~[ ~nless and until a .franchise :to~ pe~t such'operation of ambUlances ~$/~irst had and obtained from the city clerk, No f~an~hise:~, s~llube 2ssued t'~ any y, clerk -until such f~anchiSe shall be written in foxes, and 'app~Ov.ed and passed by the city cOuncil. Every person holding a f~anchlse, license or g~ant provided for herein 'shall Own. each 'and every ambulance he operateS, and the certificate of' title' shall be in the name of such person, and the certificate of title must be submitted to the Director of Public. Safety fop his approval before 'the' ambulance will be allOWed t?o operate Under such franchise, license ON FRANOEISE. (a) ~ The city change or eliminate Section 't~o of this fOllowing .p~oses: ~o modify, amend, alter., of the franchise required the life of the same, for the (1): To eliminate or delete f~om the same such conditkons as then prove obsolete or impracticai. To impose such additional conditions upon the grantee as may be Just and reasonable, such conditi~ns to be those as may be deemed necessary for the purpose of insuring adequate service to the public. the State, the applicable s.~ate laws, charaete~- provisions,, and Such future laws as .may be ena'cbed by or amen~aents ~e the Ogns~i~bion ~d the C~e~ of ~he no~iee less ~ham ~i.~,'~o abSOlutel~ ~his g~t fo~ a~ 'the te~ms ~d p~ovtsio~ of this ~tiele:~ granted hereim, and the .city, upon the haPpening of such event, may declare the ~igh~s of the grantee hereUnder forfeited for su~hbreach. (d) Any~unwa~rantedand'tntentienai neglect, failu~e~o~'refusral of the grantee to comply with anyof the~conditions and.~stip~tions containedin ~sueh f~anehise shall' ther~upontmmediately, ips~ fact~, grantee shall the~upon and'~ediately~su~render all rights., in and to the same, and the franchise shall b'eco~e null and vOid and-of no effect. SECTION SE~VEN:_ Every ambu!ance, befo~e a permit, is is. sued.the~e£~ Shallbe 6quiPped with and when ~n semvice carry as minimum equipment the fO,llowt~: (a) First AidKtt. (b) T~actien splints for t~e propertranspo~tationoffractu~es of the extremitieS. SECTION EIGHT_.'[ Every such ambulance When in sea, vice shall be accompanied by ~at--ieast one person who has acquired theoretical oz, practical knowledge-~..~ in first aid as prescribed and-certified by the American Red CROSS, evi- denced by a .certificate issued to such person .by the '~ate Boamd of 'Health. IS shall be unlaw£ul $o ope~ate.'on the streets .of th~ City unless ~he ~ame shall beequipped with at least t~o.(2) of the'ambUlance, distance of 500' feet in front of Such vehicle, and at leaSt one (1) twelve volt siren; said red lights~an~ siren to be operatedcontinuously while said .ambulance is on an emergency cai1. ~SE~oTiON/TE~':~ []~VOCATION.OF FRANCHISE. I~anehise gz'anted under, the p~ovisio~ of this ~icle ~o operators of ambulances shall be ~d continue fo~ a period of five ye~s~ ~Iess t~e m~e ~e ~evoked by t~ city council. A willful failure on the or ~ epevato~ ~f"~buI~ees $o abide b~ the te~s of this ~$icle s~ll -be ~d~c~ons~ftute Jus~ cause fo~ the ~evc~'a~ion of this f~c~Se by ~e city eot~il p~io~ to t~ e~i~a$ion of' five ye~s ~om the g~tl~ of f~ehisie. A failure on t~ p~t of opez.ato~s of ~bul~ces ~d the holders of ~ohise ~o subst~tially comity with ali of the ~e~s of this a~t;iele s~ll be and constitute Just; cause fo~ ~evocation by the eit.Y.~couneil of a'f~c~se hel~ by ~ ope~ato~ of ~bul~ees. T~ city eo~eil s~I1 ~ve authority to ~evoke fr'~o~ses ~ ~bulm~ces 'operators ~'~e~ a ~img is 'first had ~d Safety. The followi~ s~ll consti~$e g~ounds fo~ revocation:: (a) ~y violation of the law involving mo~al (b) E~agi~ in the sale o~-~spo~ta~ion of ~to~eatt~ ~quo~s.- (o) ~ailuve to ee~Iy with any p~ovlsiOn of $~s o~.~ce. (d) ~i'~ fo~d ~ilty by ~y co~t of viola$i~ mo~e th~ ~o (2) t~fic vitiations. (e) Paili~'.-to pay all ad valorem t~es assessed agains~-such ~bUla~es, o~ any equipment a~ pPope~ty used in co~ec~ion th~ewith, ': to maintain on-file witth the city clerk of the City Plainvie~ an insurance policy in fomee and effect as ~equi~ed by Section EleVen o~: t~s e:edin~ee. (g} Failure ~o p~ t~'~chise fee. (h} O~gi~ .'~y person moue th~ is all,ed by ~y s~hedule of ~ates p~esc~ibed by the City Council as p~,evided b~ ~his o~di~ce. (i) Failure of ~y fP~e~se holder, o~ o~ any of his ,agents o~ e~leyees to-gfve peace o~fice~s any pertl~ent ~d mate~i~l~o~mation ~qu~ed By virtue of the ~eratlon of~ ~bU~ce, pe~tai~[~ to ~y matte~ In ~ega~d ~o which it is the duty of ~ offlce~ to ~vest~atee {1) Violation of any p~Ovisions or this o~dinanoe; Fatlu~ to p~ovide adaquatean~, efficient ambulance service to the public. Ceasi~ fo~ any ~eason to' operate ambulances in PlainViewe. Be~o~e a f:ma.~chise 0~ li68~se to operate an ambu2ance shall become effective, the ~pe.~at~r of s~e s~ll p~oc~e and f~nish to the city 9Xe~k a policy 9f instance coveri~ public liability ~d property d~age in the Stan,~d ~o~ts ~d ~de~ the s$~d~provlsio~ of Such public liabiIitY and p~ope~:ty ~age .~~ce, and bei~ a public liabIIt~y ~d 'p~epe~ty~--~ge Policy of insur~ce on each ana every ve~ele tO be ope~,a~ted by such opePato~ as an ~bul~ee with the ~n~ ~ounts of liabfli~y the~e~de~ as felleW~s: $5~000.00 pPope~$y damage in any single ~=Cident. Such policy of insurance shall be one issued By a ccaupany having sufficient assets, having ~= agent in the city upon whom se~vlce o~ p~ocess may' be had and it shall be approved by the Di~eCto~ of Public safety of the City of Plainview. If a~t any time any insurance policy ~equi~edunde~ this section shall be cancelled the c~mpany issuin~ Publie Safety shall f~chise~ held bY' the ~bul~ce operator wh~ fite~ o~ cause~ to' be filed, o~ fox'whose ~enefit the insu~ce Policy was filed, and in the event the said' f~c~se holde~ o~ ~bul~ce operato~ does not file a go~~ s~ficient insur~ce poii~y es ~equ~ed by t~s sectt,n witch 1~ da~ ~hereafte=, 'the Directo~ of ~blic Safety-shall no~y the city council of such fact, an~ the city t~ S~anc~se of w~ ~s as If fo~ ~y ~ason whateVe~ Such is net on file with the ~ediately suspend f~anchise. UNLAWFUL TO OPERATE WITHOUT INSURANCE POLICY. It' shali be~U~i~wful for any person to operate an ambUlanCe .on any Unless an insurance 'policy as required by Section Eleven of tb~s is in full force and effect and on file with the city clerk of the city.of Plainview. PAYMENT OF ADL VALOREM TAXES PREREQUISITE TO OPERATION. No operator of'ambulances shall engage in the transportation of persoms by.ambulance at any time when the ad valorem taxes assessed against such ambulances, pr~erty or equipment, shall be delinquent. AMBULANCE DRIVERS LICENSES. NO ambulance for.which a license and franchise 'shall have been owner or ope~t~~/ Of ambulances.. (b) Every person who may d~tve amy. ambulance used in the business of car'rYing. Passe~ge~s for hi~eupon the streets of the city must be a bona~fidereeidelnt of Hale"County, Texas, and must not.live further than five miles from the city limits of the City of Plainview. d~iver,s license, as hereinafter provided,, and unless hhere has been obtained by the~owne~ of and lOP.such ambulance a city ambulance license dulyissued by the DLrector of Public Safety of the city as hereinafter provided. make the city, Which'appliCation shall be made upon the~fo~m provided therefor by the Director of Public Safety and which shall contain the following informati on: (1) The full name, age and specific address of the applicant. (2) The full ~name of the person or owner for wh.m~ the applicant proposes to the employed. (3) The' length of city, county and state, and if (4) A full personal description cf the applicant, including (5) The experience that the applicant has had in ren~ering. such service, and if married or single, and'how many child~en~im his. immediate family, and the specific ~ddress of-his mother a~d father, and where born. - (6) ~e.ther the applicant has..been convicted of a felony and full information concerning same; likewi, se, if the applicant has a police record with conviction of a misdemeano~s~-full info~mation conce~rning Same · '~ ' ~ (7) ~q%e~her the applicant has been convicted of-viQlati~ns cf ~he law in the oper~tien of motor vehicles, and if so, full information c once.ming same,,' (8) ~ae applicant for a city ambulance d~tver~s license shall deliver to the Director of-PUblic Safe~y a certificate of the City Health Officer of the city that the applicant is not afflicted' with active renewal di. sease~ ,and that' the applicant d.s not afflicted with amy c~cable disease or disability which would impai~ his ability to ~ive an~ operate an. ambulance in a safe manner upon the streets of the city, SUChl'Ce~tifieate shall indtcate specifically the conditXon of the hearing and the e:pesi~ht of the appl.icant. (9} T]~e 'number' and date of issuance of the state chauffeu~,s license t~I su$ d t; 0 the applicant. The Director of Public Safety shall make or cause to be made such of. the character, experience and qualifications of the applicant as may be deemed consistent and Judicious; and shall determine whethe~ or not ~he applicant isl fit and ~oper to d~tve and OPerate an ambulance within the corporate limits ox the city in a manner consistent with the welfare of the citizenry of the city. de~ Directo~ of' Public Safety has made his decision, and either the applicant for s~uch license or any duly qualified ~ity shall'have ~he right-to .appeal to the city council 'which appeal shall, be perfected by delivering in ~es of same to the city council stating ~hat an appeal the Di~ec.to~ of Public Safety .is The a period e~ ~ers~ t off shall be final; othe~ise, i'ssued, shall not be ~md same shall ~be for a period of root'.to exceed two shall cease and terminate two yea~s f~om the date made by the city for the Ltcerm ·. No ambulance opera~s license shall be issued to any pe~son has p~oved and demonstrated to the Director of Public ~,afety 'that he is well versed in the k~owledge of. fi:mst aid t~eat- ment~ REVOCATION OF CITY A~M~JI,A~CE OPERATORB LICENSE. ~ city ~bul~ce operators lice~e g~ted ~de~ the p~ovisio~ of ~ p~ece~lng section s~ll be' c~elled by the city co,oil upon a f~di~ of Just cause the~efo~, ~ter a he~i~' is f~st had ~d afforded before ~'.he Di~c.to~ of Public Safety. T~e~ follo~ ShalI cons~itute g~ounds fo~ ~ev~ation= (a) Knowingly engaging in the sale, oz.' transportation of intoxics~ting liquors, directly oV indivectly~ (b) Conviction of a felony om any other offense involving moral tu~itude, conviction o~ .~he offense' of ih~iving w~hile intoxicated, knowtngIy eha~g~.ng any person a fare in excess of the rates fixed by the city council as shown by the schedule of rates to be charged by all ambulances operating within the ~ctty limits of t'he City of Plainview, when such rate ]mas been set and fixed by the City Council of the City of' Plainview. (¢;) Faili~n~ or ceasing fo~ any reason, excep.t s. ick_n.e.ss, to d?.~ive an ambulance ~ith~n the City of plai~view fo~ a perzoa or .~h~ee months. (d) Ceasing to be a bona fide ~esident of Hale COunty, Texas., or ceasing tO ~eside within five~ miles oi· the- cit~y: lin'its of the City of Plainview. ~ lc) ~onvietion in any eou~.'t of violati~ .mo~e 2~n ~o (2) moving~ ~a~flo ~vlolattons. ~ . ~ ~ n~a oF .,~~c~ o~E~o~, s L~c~ ~,~ ~o, ~ ~oa o~o~ ~w~ ~c~sg. The"~ldeP. oC-.a etSy~ ~b~lamoe ~e~atoP*~s license s~ll be entitled to ~ive ~. operat~ hold~g a f~o~se ~o It shall be unlawful for any pe~son to d~ive or operate an ambulance upon any street within the Corporate limits of the City of Plainview, at a rate of speed in excess of the legal speed, limits as p~evided by the statutes of the State of TeXas, and in excess of- the corporate limits" o~ the City of Plainvtew. It is furthe~ proVided, however, that in answering an emergency cai1, or in. cases w~ere an emergency exists, the ambulances may excee~ the rate of. speed provided in SectiOn Eighteen' of this~o~dinance, ~ut in Oases shall not d~ive at a speed g~eater than an o~iina~tt~? p~udent: person would d~ive tmde~'-the same o~ slmtla~ time,stances oonsist~ent~'with ~he emergency .invoked .and t. he' safety of pers-o~-.-and property on ~he steers of the Ot~y of Plainview. who only fo~ the no~' shall, the-provisions of this o~dlnan.oe, apply' to such establishments when using thet~ehicles and ambulanceS, tn the case of grave emergency or 'community catastmophe~ Should. any section, article, provision or part ef this O~dtnance be dectamed ~o be unconsti~utlona~an~ void by a cou~'t of competent ' n JuPfsdict~o , such decision shall in no wa[ effect the validity of any of the remai.ningparts of this o~din~oe, ~less the p~t held unconstitutional o~ void is inseparable f~om, and indispensable to the -operation of the ~emalni~Per~s, . . Any person violating any provision of this Ordinance fo~ wh{ch a penalty is not fixed by the Penal Statutes of the State.of Texas, or by the Code of the City of PlatnView, Texas, 1957, shall, upon conviction thereof, be fined in'any sum not to exceed $200.0~. PASSEl) this the ay of ......... Ap:~I1. ._-, A.D. 1958. ATTEST: ..M. B_'. Ho!od ......... I~ayor Maw th, 19 8 Moved by Alderman Taylor seconded by Alderman irby, that the Council pass Ordinance No. 686 The motion carried. ORDINANCE NO~ 686 AN 0RDiI.~ANCE CLOSING STREETS AND ALLE~S WITHI]!~i A CERTAIN AREA IN .THE REVISED WEST LYNN SUBDIVISION OF BLOCKS 31, 32~ 33, 39 AND PARTS OF BLOCKS 38, 4O, 41, AN,D 43 OF LAKeS,_DE TO THE C T¥ PLATNVIFW, LOCATED ZN THE NORTH HALF OF SECTION 39, BLOCK JK-2, C~G. & S.F. RR. CO. SURVEY, IN HALE COUNTY, TEXAS DESCRIBING THE AREA BY METES AND BOUNDS WiTHI}.~ WHICH BOUNDARIV'S THE STREETS AND ALL~S ARE TO BE CLOSED. ~UtEREAS, an area within the Revised West Lynn Subdivision of Blocks 31, 32, 33, 39 and parts of Blocks 3~, 40, 41, 42 and 4~ of the Lakeside Addition to the City of P!a~nview, located _~n the North half of Section 39, Block JK-2, C.G~& SoF. RR. Co. Surve?~, in Hale County, Texas, which has heretofore been platted by plat filed for record February 22, 19~4, and recorded .~.n Volume p~age 2~!, Deed Records of Ha_ia Co~t:~, Texas, i~ ~octed wi thin an area coF.~aonly referred to as a lake; and WT~[EREAS~ said area is covered with water following rain fai!; and ~EREAS, such area constitutes a natural drainage for areas surrounding said lake; and ~/HEREAS, the City Cour~cil finds that the area within the boundaries hereinafter set our, has heretofore be~n platted, as sho~a% by plat of record in Volus~e 2~, page 281, D~ed Records of Hale ~ou~ty, Texas, ir~to lots, blocks, streets and al~eys; and WH~ ..... REAS, the area with~ the b~ndaries hereinafter described is not suitable for bUildin~ sites because of the fact that ~it does constitute a lake and ~s under water much of the time° ~-, THERF/~0RE, BE IT 0RDA NED BY THE CZTY COUNCIL OF THE CZTY OF PLA!NVIeW, TEXAS: SECTI01q ONE: That the streets and alleys and portions of the streets and alleys lying within the Revised West L.~mn Subdivision of Blocks 31, 32, and 33, and 39 and parts of Blocks 38, 40, 41,42; and %3 of the Lakeside Addition to the Ci~ty of Pla nview, located in the North Half of Section 39, Black J~f-2; C.G. & Sin'S. RR. Co. Survey in Hale Country, Te~as, a plat of which Subdivision is~ recorded ih Volume 25~, page 281, Deed Records of Hale County~ Texas, and within boundaries as follows: BEGINNING at the Northwest Corner of Lot 16, Block ~of the Re- vised West Lynn Subd~vision~ said point also being in the East line of Oakland Street and 178.64 feet North of the Southwest Corner of Block %0 of the Lakeside Addition} TH'~NCE East 1,07~ feet along the South line of the alley r~nning East ~nd West in Blocks 4 and ~ of Revised West Lynn Subdivision to'the Northeast Corner of Lot 17 of said Block 4, said p~int also being the ~orthwest Corner of Lot 16 of said Block ~; THrU{CE South 1,305 fee{ along the line r~nning between Lots 16 and 17 of Biock.4, between Lots ~ and 6 and Lots 16 and !~ of Blocks !0,!! and 17, and between Lots ~ and 6 of Block 18, all in said Revised West Lynn Subdivision, to the Southeast Corner of Lot ~ of said Block 18, said point also being the Southwest Corner of Lot 6 of said Block 18~ THiI'~,~CE West 8~.3 feet along the north line of the alley r~u~aing East and West in Bl.scks 18 ~d 19 of Revised West L}u~n ~ub~vi- sion to the Southwest Corner of Lot 1, Bloc~k 19 of said Subdivi- sion~ THE}~CE NorthWesterly 307.96 feet along the Northeast line of Burlington Street and the Southwest !fnes of Blocks 19 and 16 of Revised West L¥~F Subdivision to a point in theWest line of Lot 22 of said Blobk 16, said ~oint befng {n the East line of Oakland Street and 239°2 feet South of the Northwest Corner of Block 38 of the Lakeside Addition; THENCE North 1,089.2 feet alon[~ the East line of Oakland Street and the West lines of Blocks 16, 12, 9 and 5 of the Revised W~st Lynn Subdivision to the Northwest Corner of Lot 1~ of sa~.d Block % mhd the PLACE OF ~EG!NNiNG of this tract, and contain- ing 31.66 acres of land, more or less; be, and the same are hereby closed, SECTION TWO: That this Ordinance shall in no way affect the right of the public and the 'right of the City and public utility companies to use all of those streets and alleys bordering the boundaries hereinabove set forth in Section One of this Ordinance, and lyin~ outside of the particular boundaries as set out in said Section One of the Ordinance. PASSED this the ~t_~ ~: h ~day of May__ ........... , A.D. 19%8. M. B'. Hood Hood, ~-~yor ATTEST'. P. H Bryan City Clerk, City of Plainview, Texas July 7, 1958 Moved by Alderman Cline second by Alderman Irby, that Ordinance #687 be passed. ~otio~ carried. ORDINANCE NO. 687 AN ORDINANCE PROHIBITING ANY PERSON DRIVING OR OPERATING AN AUTOMOBILE ' OR OTHER VEHICLE ON ANY STREET IN THE CITY OF PLAINVIEW,..TEXAS, F ROM MAKING A "U" TURN AT ANY PLACE ON ANY STREET BETWE~ THE INTERSECTIONS OF SAID STREETS, AND PROVIDING A PENALTY FOR THeE VIOLATION OF SAID ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLA!NVI~ TEXAS: SECTION ONE: It sh'all be unlawful for the driver or operator of an '~utom~ile or any other vehicle, on any of the streets with~in t~2 City of Plainview, to make a "U" t~rn on any street at any place on the streets between the intersections of sai'd streets. SECTION TWO: Any person violating the provisions of Section One of this ~inanc~ ~hall be ~uilty of a misdemeanor, mhd upon conviction thereof, shall be punished by a fine of not less than ONE DOLLAR($1.O0~, and not more than TWO. HUNDRED DOLLARS~$200..O0). this t~e 7th day of JUly, A.D. 195~. ATTEST: M. ~. Hood M. B. n0bc, ~ayor 'City of Plainview, Texas P..H, Bryan .... ~ity Clerk, City of Plainview', Te4as MoVed by Alderman Cline second by Alderman Irby, that Ordinance No. 688 be passed. - .... The Motion carried. ORDINANCE NO. 688 AN ORDINANCE PROVIDING THAT A "STOP" SIGN SHALL BE PLACED AT EACH OF THE FOUR CORNERS OF THE INTERSECTION OF HOUSTON .&ND 8TH STREET IN THE TOWN OF PLAINVIEW, TEXAS. BE IT ORDAINED BY THE CITY COLq~CIL OF THE CITY OF PLAINVIEW, TEXAS: SECTIBN ONE: The Director of Public Safety, Health and Welfare, is her'e~y"'di~'cted to erect and cause to be maintained "STOP" signs at each entrance to the intersection of Houston Street m~d 8th Street in.the City of Plainview, Texas. PASSED AND ENTERED this the 7th day of July, A.D. 1958. M. B, Hood ......... M. B. Hood, MaYor City of Plainview, Texas 3,5 A~TEST: City Cle~ City'6f Plainview, TeX~s Moved by Ward, Second by Stapleton that Ordinanc~ No 6'89 be passed. ORDINANC NO. 6,89 AN ORDINANCE AMENDING SCHEDULE 2 ~t~ SECTION-kO, ARTICLE 2, CHAPTER 14. OF THE CORE OF THE CITY OF PLAINVIEW, TEXAS, 1957, SO AS TO LiMIT PARKING ON WEST 7th STREET IN THE CITY OF PLAINVIEW, TEXAS, FROM THE INTEREECTION OF BALTIMORE STREET AND W~ST 7TH STREET ~ST TO THE ALLEY RUNNING NORTH AND SOUTH BE~E~ BALTIMORE STREET ~{D COP~4BIA STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL~INVIEW: SECTION 1: :Sch'edute 2 0f Section 40, Article 2. Cha.pteT-r 14. of the code of the City of Plainview, Texas, 1957, shali be amended by adding to said schedu~e the following: STREET INCLUSIVE BLKS EXTENT Side ~7th St. 300 block Baltimore Street West to North Alley. West 7th St. 300 Block BAltimore Street West to South Alley SEOTION 2: The Director of Public Sa£ety is hereby directed and instructed to install one (1) hour parking meters on that portion of West 7th Street hereinabove provided for and described in Section i hereof. The Director of Public Safety is directed to place said parking meters so as not to o~- struct any driveway now in use and existing &long the oortion of West 7th Street described in Section i hereof. Section 3: A.. If any Semtion, parag{aDh, subdivision, clause, phrase or provision of this ordinance shall be amj~dged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provisien thereof other than the Dart so decided to be imvalid or un- constitutional. B. All ordinances or parts of ordinances in confiict herewith are hereby repealed. ?ASSED AND APPROVED this the '~&~h day of Aoril/ A. D. 1958 M. B. Hood . . M. B. Hood, Mayor City of Plainview, Texas Attest: Paul ~Br~l~_~ Paul Bryan, City Clerk, City of Plainview, Texas Moved by Alderman Irby secOnd by Aldeman Stapleton that Ordinance No.#691, Refunding Bond Deal be passed. The motion carried. ORDINANCE NO; 691 ORDINANCE AUTHORIZING ISSUANCE OF $125,000 "CITY OF PLAINVI~, TEXAS, GENERAL OBLIGATION RPIMUNDING' BONDS", DATED SPETEMBER l, 1958 THE STATE OF TEXAS ~ ................ CITY OF PLAINV.IEW ~ COUNTY OF HALE ~ ON THIS the 18th day of AugUst, 1958, the City Council of the City of Plainview, Texas, convened in regular session, ati~the ~egular meeting place thereof in the City' Hall, there being present and in attendance the following members, to-wit: M. B, Hood MAYOR T. S; StaPleton ) W. H. Irby ) C. B. Cline, Jr. ) ALDER~EN G. H. Ward ) and with the following absent: GEORGE L. TAYLOR constituting a quorum; when, among 0the~ proceedings had by .... ' said City Council, were the following: Mayor Hood introduced a proposed ordinance. The ordinance was read in full. Alderman C. B. Cline~ Jr. made a motion that any rule re- quiring, ordinances to'" be ~ead'at more than one meeting be sus- pended. The motion was seconded.by Alderman G. H. Ward and car- ried by the foll6wtng vote: AYES:Aldermen St~oleton, Irby, Cline, and Ward. NOES:None. Alderman W. H. Irby made a motion that the ordinance be passed finally. The motion was seconded by Alderman .T- s.. B~aoleton, and carried by the following vote: AYES:Aldermen Stapleton, Irby, Cline, and Ward. NOES: None. The Mayor announced that the ordinance had been f=.na~ lly passed. The ORDINANCE is as follows: "AN ORDINANCE by the City Council of the City of Plainview, Texas authorizing the issuance of $125,000 'CITY_ OF PLAINVIEW, TEXAS, G~ERAL OBLIGATION REFUNDING BONDS', dated September l, 19~8, bearing interest at the rates of 2-3/4% and 3~ per annum, issued for the purpose of refunding, cancelling and in lieu of an equal amount of valid and subsisting indebtedness of said City, ev- idenced by two series of bonds .knwon as 'City of Plainvi~w, Texas, Water and Sewer Improvement Bonds, Series 1948', dated March l, 1948, and 'City of Plainview, Texas, Street Improvement Bonds', dated March l, 1948; prescribing the form of the refunding bonds, and the form of interest coupons; levying a continuing direct annual ad Val0remtax on all taxable propertywithin the limits of Said City to pay the interest~on ~uch'refunding bonds~and to create a sinking fund for the ~edemption~the~e0f,~and~"p~oviding for the assessment and colle6tion'~f-~taxes;~enacting p~ovisi0ns-!ncident and relating to the subject ~nd purpose of this ordinance; aud declaring an emergency. WHEP~EAS, the City'of Pla~nview, Texas, has heretofore legally issued its bonds known as "C!TY~0F"PLAINV!EW, TEXAS,~WATER AND S~R IMPROVEMENT BONDS. SERIES'igC8"~, dated March l, 1948, in bhe original principal sum of $1~0,000, and'" CITY~0F PLAINVI~, TE~iS, STREET IM- ~PROV~ENT BONDS", dated March l, 1958, in the original principal sum of~$75,000; and, W~REAS, the City Council of the City of Plainview, Texas, now deems it advisable and to the best interest of the City't6 cancel and refund the following bonds of the aaid two series, to- wit: $83,000 "CITY OF PLotVIEW, TELAS WAT~ AND S~R IMPROVEM~T BONDS, SERIES 1948", datedMarch l, .1948, in denomination of $1,000 each, bearing interest at the. rate of 3-1/4% pe~ annum, maturing serially on March 1st in eaCh of the years 1964 to 1968, both inclusive, and being numbered from 68 to 150,' both inclu- siVe; and, $42,000 "CITY OF PLAINVI~, TEXAS STRET IMPROV~T BONDS", dated March l, 1948, in denomination of $1,000 each, bearing interest at the rate of 3-1/4% per ann~, maturing serially on March 1st in each.~Of the years 1964 to 1968, both inclusive, and being numbered form 34 to 75, both inclusive. AND WHEREAS, the City COuncil finds that the maturities of the proposed refunding bonds and the interest rates thereon as hereinafter set forth a~e to the best fin~ucial ~nterest of the City; and, WHEREAS, this Council upon due investigation has ascertained and determined that none of the bonds hereinabove mentioned has been acquired or purchased as an investment for the s~.nking funds or.such bond issus;.and, WHEREAS, it is FOUND, DETERMINED and ADJUDGED that it is ne- cessary and to the best interest of the~ City to refund, cancel and issue in lieu of the outstanding bonds hereinabove described, the refunding bonds of the City, at the earliest possible date; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That, for the p~pose of refunding, cancelling and in l~eu~f the bonds hereinabove described, there shall be and there are hereby issued the bonds of said City, to be known as "CITY OF PLA~V!~, TEX~, G~ERAL OBLIGATION R~UNDING BONDS", in the principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000), unde~authority of the Constitution and la~s of ~he State of Texas, particularly Article 2368a, Vernon's Annotated Texas Civil Statutes, as amendedl ON 2: Th~at said refunding bonds shall be numbered con- One .(1) to One Hundred Twenty-Five (125), both inclusive, in denomination of One Thousand Dollars (1,000) each, aggregating the principal sum on ONE HUNDRED T~TY-FI~ THOUSAND D LLA S ($125,ooo). SECT!0N~. That said refunding bonds shall be dated September l, 1~6' and shall become due and payable seriallw, without right of prior redemption, in accordance with the schedule below, it being hereby affirmatiVely found and adjudged by this Council that the financial condition of the City witl not permit the issuance of said refunding bonds in such installments as will make the burden of taxationto support them app~oximatelyuniform throughout the term of said bonds: BOND ~NUMBERS alto 40 41 to 65 66 to 95 96 to 125 MATURITY DATES March l, 1564 March l, 1965 March l, 1966 March l, 1967 March l, 1968 AMOUNTS ao;ooo 20,000 25,000 30,000 30,000 SECTION 4: That said bOnds shall bear interest from dat'e until-paid at-the following rates per annum-; that~' is to say --- (a) Bonds Numbered i to 20, both inclusive, maturing March l, 196[~, shall bear interest at the rate of TWO AND THREE-FOURTHS PER CENTUM 92-3/4%) per annum; and, (b) Bonds Numbered 21 to 125, both inclusive, maturing on March 1st in each of the years 1965 .to 1968, both in- clusive, shall bear interest at the rate of THREE PER CENTUM (3%) per annum; such. interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be~ payable on March l, 1959, and semi-annually thereafter on S~ptember i and March l, in each year. SECTION 5: That both principal and interest of said bonds shall be pa~able in lawful money of the~ United States of America, without exchange or Collection charges to the owner or holder, at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, upon presentation~and surrender of proper bonds or interest coupons. SECTION 6: That each of said refunding bonds and the ~nterest coupons appurtehant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, with the corporate seal of the City impressed thereon, and ex- ecution in such manner shall have the same effect as if' Such-bonds ~d coupons had been signed ty the Mayor and' City Secretary hy their manual signatures. Inasmuch as such. bonds are required to' be registered by ~the Comptroller of Public Accounts of the State of Texas, only his signature (or that of a deputy designated in wrdting to act for the Comptroller) shall be required to be manually subsc~ribed to such bonds in connection with his registration certificate te appear therenn, ..as~ above provided;~ all in accordance with the provisions of Article 717j, Vernon's Civil Statutes of Texas, as amended. S~CT!0.N.~..~7~: That each of said refunding bonds shall contain on it's face these words: "IN ADDITION to all other rights, the holder or holders of this bond, and of the series of which it is a part, is and are subrogated to all the rights and has and have all of the remedies of the holders of the original indebtedness refunded by this issue of bon~s". SECTION 8: The form of said refunding bonds shall be substan- tially as follows: No. UNITED STATES OF AMERICA $1,000 ST&TE OF TFD[AS COUNTY OF HALE CITY OF PLAtNVt~J, TEF~&S, GEi~ERAL OBLIGATION REFUNDING BOND The CITY OF PLA!NVIEW, a mUnicipal corporation of the State of Texas, acknowledges itself indebted to and, FOR VALUE RECEIV~D, hereby promises to pay to bearer, without right of prior redemption, the sum of ONE THOUSAND DdLLARS ($1,000), in lawful money of the United States of America, without exchange or collection charges to the owner or holder, on the FIRST DAY' OF M~RCH, 19 -, with interest thereon from the date hereof ~mtiI paid at the~ rate of PER CENTUM (~ %) per annum, payable on MarCh i, 1959, and semi-annually thereafter on September I .and March l, in each year, aud interest falling due on or prior to maturity hereof is payable only upon presentation ~md surrender of the interest coupons hereto attached as they sev- erally become due. B~L~H PRINCIPAL and interest of this bond are h~reby made payable at the MERCANTILE NATION~L B~ANN'AT DALLAS, Dallas, Texas, ~md for the prompt payment of this bOnd and the interest thereon at maturity, the full faith, credit and resources of the City of Plainview, Texas, are hereby irrevocably pledged~ THIS BSND is one of a series of~..One H~dred Twenty-five (125) serial bonds, numbered consecutively' from 8ne (1) to One Hundred Twenty-five (125), both inclusive, in denom, ination of One Thousand Dollars ($1,000) e~ch, aggregating in amotu~t ONE HUNDRED T~NENTY-FIVE~ THOUSAND DOLLARS ($125,000), issued for. the purpose of refunding, (,ancelling and in l_eu of an equal amount of valid and subsisting indebtedness of said City evedenced by two series of bonds ~own as "City of Plainview, Texas, Water and Sewer Improvement Bonds, Series ].948", dated March l, 1948, in the principal sum of $83,000, being Bonds Numbered 68 to 150, both inclusive; and "City of Pla~nview, ..~Texas,. street~'~mprovement Bond~, Ma~ch 1, I9~8, in the prtncipaI'sum of-$42,000, .being 34 to 75, both _ndl~smve; and this bond~is issued'under and in strict c0nfor- mit¥ wibh the Constitution~ and laWs of the 'State of Texas, particularly Article 2368a, Vernon' s Annotated Texas Civil Statutes, as 'amended, and in pursuance of an ordinance duly pas- · sed and adopted by the City Council of said City, and duly recorded in the Minutes of'said City Council. IT IS HEREBY CERTIFI~w~, RECITED diD REPRESF~TED that all acts,~ conditions and things necessary to be done precedent to and in the issuance of this bond and the series of which ~ is a part, in order to make. them legal, valid and binging obliga- tions of said City, have been done, perfoNned and have happened in regular and due time, form and manner, as required by law; that due provision has been made for levying and collecting an- nually by taxation an amount sufficient to pay the interest on these bonds as it falls due, and to provide a ~sinking fund for the final redemption of said bonds at maturity;and that the issue of bonds of whicb~ this is one, together wi~h all other indebted- ness of said Cipy, is within every debt and other limit prescrib- ed by'the Constitutmon and laws of 'said state. IN ADDITION to all other rights, the holder or holders of this bond and of the series of which it is a part, is and are subrogated to all therights, and has and have all of the remedies of the holders of the original indebtedness refUnded by this issue of bonds. IN WIT ESS ~qqEREOF, ~ N ~ the City of PlainView, Texas, by its City Council, has caused the seal of said City to be impressed hereon, and this bond and its appurtenant coupons ~o be exe- cuted with the imprinted fac~im~ile signatuPes of the Mayor and~ City Secretary of said City, in accordance with the pro- visions ~of Article 717j, Ve~non's Civil statutes of Texas, as amended; the date of this bond, in conf,Enity with the ordinance above referred to, .being the FIRST DAY OF SEPTEMBER, 1958. COUNTERSIGNED: Mayor~ City of Plainvi~w,~ Texas 'b'it~ Secretary, City of Plainvi~'," Texas SECTION 9: The form of intere~st~coupons attached to each of Said refunding bonds shall be substantially as follows: NO. ON THE DAY OF' ~ _, $ 19 , the CITY OF PLAINVI~W, a municipal corporation of the State of Texas, hereby promises to pay to bearer, at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, the sum of DOLLARS ($ ~ ), in lawful ~oney of the United States of America, withOUt exchange or collection charges to the owner or holder, said sum being ~'~i~.~'.~ months' interest due that day of "CITY OF PLAINVIE~, TEXAS, GF~ERAL OBLIGATION REFUNDING BOND", dated September 1, 1958. Bond No. .. . . City Secretary Mayor SECTION 10: That the following certificate shall be printe~ Sn the b'ack of each refunding bond: OFFICE OF COMPTROLLER STATE OF TEXAS REGISTER NO. I HEREBY CERTIFY that there is on f~le and of record in my office a certificate of the Attorney ~eneral of the State of Texas to the effect that thisbond has'been-examin~dby~him as reqUired by law, and that"-he~hds'tha~-it"haS been issued in conformity with the COnstitution and'' lawS of the State of Texas, and that it is a valid and binding obligation upon the City of Plainview, Texas, and said bond has th~s day been registered by me. WITNESS MY HAND AND~SEAL OF. OFFICE, at Austin,Texas, Comptroller of Public A6'~ounts of the State of Texas SECTION ll: IT IS FURTHER ORDAINED by~the City Council that white~ y o~ sa'id refunding bonds or any interest thereon is outstanding and unpaid, there shall be annually levied, assessed and collected in due tLme, form and manner, a tax upon all tax- able property ~n said Oity of. Plainview, Texas, sufficient in amount to produce the annual 2nterest and create, a sinking fund suf- ficient to pay each installment of principal as and when due, or a sinking fund of 2%, whichever is greater; and to pay the interest on said bonds for the current year and to create a sinking fund with which to pay the principal when due, or a sinking fund of 2%, Whichever is greater, there is hereby levied a sufficient tax on ~ach one hundred dollars' valuation, of taxable property in ~.said City for the current year and the same shall be assessed and collected and applied to the purposes named; and so long as said bonds, or any of them, or ~any interest thereon, are~ outstanding and unpaid, a tax for each year of and at a rate from year to year as shall be ample and sufficient to pay 'the current interest-on said bonds ~nd to provide the neces- sary sinking fund to pay the principal thereof, full allowance being made for anticipated delinquencies and costs of collec- tion, shall be, and is hereby levied~ for each year, respectively, and said tax shall be assessed and collected and applied to the aforesaid purposes and none other. The pro rata amount of the sinking fund accounts of the two series of bonds, portions of which are hereby refunded, end.properly to be creditedtto the bonds of Said two series herein, provided, to be refunded, shall be passed to the credity of the sinking fund account of said General Obligation Refunding Bonds, and any and all taxes uncollected from levies heretofore made on account of the bonds which are being refunded by this' issue, shall, when and as the same are collected, be credited to the sinking fund account of this series of General 0bliga- tion Refunding Bonds; PROVIDED, HOWEVER, that such transfer of the sinking fund accounts or uncollected taxes is ~ade only insofar as may lawfully be d~ne consistent with the rights of the holders of the outstanding bonds. Out of the aforesaid fun~ds and taxes, the s~ of $1,850 is hereby appropriated.~and pledged to the payment of the interest per- taining to the refunding bonds herein authorized which falls due March l, 1959 in like amount, and the City Treasurer is authorized and instructed to so make such amoun~t available for auch purpose and to be used ~or no other purpose, SECTION 12: BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE C~TY OF PLAi'NVIEW: That the M~yor of said City shall be and he is hereby auth- orized to take and have charge of all necessary orders and re- .cords pending investigation by the Attorney General of the State of TeXas, and shall take ~nd have charge and control of the b~n~ds herein authorized pending their approval by the Attorney General and their registration by the Comptroller of Public Accounts. The Mayor is further authorized .and directed to submLt to the Comptroller of Public Accounts for cancellation the -- $83,000 "~CITY 0P PLAINVIPW, TEXAS, WATER AND SEWER IMPROVEMENT BONDS, SERIES 1948", dated March l, 19~8; and, $42,000 "CIT~ OF PLAINVI~, T~XAS, STREET IMPROVEMENT BONDS", dated March l, 1948; and to do all things necessary, appropriate or required to furnish such original issue to the ComptrOller for cancellation and to obtain proper evidence of such cancellation. SECTION~ !~: AND BE IT FURTH'~UR ORDAINED BY THE CITY COUNCIL 0F THE ~CIT¥ 0~ PLAINVIEW: The public importance .of this measure and the fact that it is to the best interest of the City to promptly cancel the outstanding bonds hereinabove described by the issuance and delivery of the rerun, ding bonds authorized by this ordinance at the earliest possmble date, constitute and create-an emergency and au urgent publio necessity, requiring that any ~1e- providing for ordinances to be read and voted upon at more than one meeting of the City Council be suspended, and requiring that ~His ordinance be passed and take effect as an emergency measure, and such rules and pro- visions are accordingly 'suspended,and shall take effect and be in full force from and af.ter its passage. PASSED AND APRROVED, this the 18th day of August, 1958. ATTEST: Mayor, City of Pla!nview, Texas city Secretary,-City of Plainview Texas (CITY SEAL) APPROVED: City Attorney, City of Plainview, Texas Moved by Alderma~ Etapleton second by Alderman Ward, that Ordinance No.#690, City Planning Commission be passed. The motion carried Un~ud. mously~ ORDINANCE NO. 690 AN ORDINANCE CRF~T!NG A CITY PLANNING COMMISION, PRESCRIBING THEIR TERMS OF OFFICE, PROVIDING FOR THEIR APP0!NTM~T, PRE- SCRiBiNG' THEER ~CT~OI~S,'-DET~ES, ~OWERS A~D RES~0NSIBILITtES, DEFINING TERMS AND REPEALING ALL 0~DINANCES IN CONFLICE WITH THIS ORDINANCE. BE IT ORDAINED BY THE CITY COD~NCIL 0F PLAINVIEW, TX)LAS: SECTION 1. For the purpose of this Ordinance, certain terms and words are hereby defined as follows: ~A. CI~. wherever the word "city" is used in this ordi- nance, the same refers to and means, the City of Plainview, Texas. B. COMMISSION. wherever-the word ,commission" or th words "planning commission" are used herein, the same refers to and means the City Planning Commission of the City of Plainview, Texas. C. BOARD. wherever the word "board" is used herein, the same mesuns and refers to the Board of City Development of the ~City of Plainview, Texas. D. COUNCIL. wherever the word "council" is used herein, the same ~f~S ~to and means the City Council of the City of Plainview, Texas. E. MAYOR. wherever the word "Mayor" is used herein, the same refers to~ and means the Mayor of the City of PlaL~nview, Texas. F. CITY ATTOP~EY. wherever the words "city attorney" are used herein, the same refers to and means the~.~'City Attorney of the City of Pla~view, Texas. G.' CITY ENGINEER.. wherever the words "Cit~y Engineer" are used herein, ~he same refers to and means the City Engin'eer of the City of Pla~nview, Tekas. SECTION 2. There is hereby created a City Planning Commis- sion, tO.be composed of nine (9) members, seven (7) of whom shall be members of the Board of City Development, andshall be residents in and real property~ tax payers of the City,~ and shall have resided in the City not less than five(5) years; the .other two (2) members shall be the Mayor and the City Engineer, the Mayor and the City Engineer shall be'ex officio members acting in an capacity and Without the p~wer to vote; the seven (7) appc ,d members of the City Planning CommisSion shall be appointed the City Council, three (3) of such members shall serve until J~uary 1, 1959, two (2) of such members shall serve until Januar~y l, 1960, and two (2).of such members shall serve until January l, 1961. On or before the expiration of the terms as Outlined above, the appointment'of members shall be made o~ the basis of three (3) year teens.. SECTION 3. All members of the Board of City Development of the City of Plalnview, as heretofore created and now exist- ing, shall serve ~util ~their respective terms expire. However, on or before January l, 1959, only three (3) members of the Planning CommisSion will be appointed, who shall be ex officio members of the Board~ of City Development, and on Jauuar~y l, 1960, only two (2) members of the Planning Commission will be appointed, and they also will be ex officio members of the Board of City Development, and on January l, 1961, only two (2) mem- bers of the Planning Commission ~will be appointed, and they also shall be ex officio members of the Board of City Development. Thereafter, the Board of City Development of the City of Plain- view shall be composed of the seven (7) members who have been appointed as the Planning Commission of the City of Plainview, ~Gd the Mayor and City Engineer of the City of P!a~.nview shall also be ex officio members~of the Board of City Development of ~he City of~Plainview, but shall act in an adv~.sory capacity only and shall not be entitled to vote on any~matters brought before or decided by the Board of City Development. SECTI0~ ~. Members of the Planning Comm~.ssion (and ex officio ~embers of the~Board of City Development') shall be appointed in tlhe same manner and method as is provided' for the appointment of all other officers of the~CitN in Section ? of the Chaunter ~ of the City of Plainview, SECTION ~. In cases where vacancies occur on said Planning Commission by~eath, removal from office,~ resignation or o~her- wise, the vacancy Shall be filled by appointment of a person for the anexpired term of the member so vacating the office. SECTION 6. If any member of said Commission shall remove from ~l~'~nview ~ith the intention .of establishing his per~nanent residence elsewhere, such act shall ipso facto vacate his office. SECTION ~. ABSENCE OF M~IBERS AT BOARD MEETINGS. Any ~embe~ of the 'Plaun~ng Commission and ex officio member of the Board of City Development, who misses thl~ee (3)'regular conse- cutive meetings shall be automatically removed from office, ~mless at the next regularmeeting of sa~.d Commission after such absence, he shall submit in person or. in writing legal excuses, as same are defined or provided for in the ~ules aud regulations of said Commission and in d~fault of such excuses the Chairman of the Co~nission.shall declare such members position ~ac2nt, and the Commission shall certify such fact to the City Conncil, who shall~appoint a successor to such members for the ~nexpi~ed terms. After a member has missed two (2) regular consecutive meetings, it shall be the duty of the secretary of the planning Co~anission to notify him in writing to that effect, calling his attention to the above provision of this section, and-warn- ing him that.a third absence without legal excuses submitted at the next regular meeting after such third absence, will Subject him to automatic 'removal from the Commission. SECTION 8. The members of the Planning Commission and the Board'of-City Development of the City of Plainview, shall serve without pay, shall elect from among their own numbers a First Vice,Chairman and a Second Vice-Chairman, and shall elect from outside their own n~ber a Secretary and Assistant, who shall hold their office at the will of the Commission, and shall receive-such compensation as shall be fixed by said Com- mission with the approval of the City Council. SECTION 9. MEET~iGS OF THE PLANNING COMMISSION. A majo- rity of the voting members of said Commission (excluding the ex officio members) shall constitute a quorttm for the transaction of business. The Secretary or Chairman shall notify all members of regular~or special meetings of the Cormnission, aud the s~ d Commission shall be convened on the call of the Chairman there- of, or on demand of five (5) members of the Commission made in writing to the Secretary, SECTION 10. The ~a~man~of.t,he P~anning Commission and Board of City DeVelopment shall be named and appointed by the City Councili The Vice-Chairman.~f-~the~P'tanning Cormnission and .Board of City Development shall be elected by the members thereof. It shall be the duty of the Chairmau to call all maetings of such Commission and such Board, and to preside at the meetings. I~ shall be the duty of the Vice-Chairman to preside over meetings and to call meetings as may be necessary in the absence of the Chairman. It shall be the duty of the Sedretary~to keep a record~of all meetings and the bus~ness transacted at such meetings. The Planning Commission shall meet for the purpose of attending to their duties on the second and fourth Monday of each month, at a time and place to be determined by said Planning Commission. They shall meet at such called meetings as may be necessary to attend to their duties and responsibilities. SECTION ll. The Chairman of the Planning Commission and of the Board of City Development shall call such meetings as he may deem necessary to attend to and transact-the business of the Board of City Development, SECTI0~ 12. A majority of the voting members~of:the Planning~ Cg~ssion and the Board of City Development shall constitute a quorum for the transaction.of business by either the Planning Commission or the Board of City 'Development. SECTION l~, The members of the Planning Commission and Boardof City Developm.ent shall be subject to removal from office by the City Council for any cause deemed by the City Co~cil sufficient for their removal in the interest of public service. SECTION 14.' RULES ~iD REGULATIONS~ The members of the Planning C0mmis~mon shall adopt such rules and regulations as they deem best for the government of their actionS, proceddings, and time and place of me,tings. However,) such rules~and regu- lations shall not be ~in contravention of any of the laws of the State or of any provision of the Code or other Ordinsnce of the City. SECTION l%.p_ POWERS AND D~TIES G~ER~L¥. It shall be the dutw of the lanning Commission to act as an advisory board to the City Council.~ It shall be their duty to make recommen- dat'ions to the City Council relating to all nature of public improvements, civic improvements, city planning, opening, widening, changing and closing of streets, routing of public utilities, controlling and regulating tr~affic upon the public streets and highways of the City and such other matters relating to city improvements as the Planning Commission and the City Council may~deem beneficial to the City. The'Planning C~mmission, in addition to the powers and authority grsnted by this ordinance, shall be and is ~hereby vested With all.of the powers and authority conferred upon city-.planning commissions by ordinances of the City of Plain- vieW, and by the l~ws of the Sta~e, and such commission shall, in addition to the duties set forth in this Ordinance, perform all of the duties provided by the laws of the State for city planning commissions, and as provided by the provision of any Ordinance of the City or by any provision of its City Code. SECTION 16. ~The planning Commission shall submit to the City Council Plans, together with recommendations, for the establishment and location of additional streets, alleys and ~!~hways, schools, parks, playgrounds., recreation centers, pub- lic amusements, outdoor theaters, ~wtmming pools, or any other recommendations deemed by the planning Commission to come under the heading of civic improvements or city planning. The City CounCil may thereafter adopt the recommendations made by the Planning Commission or any other) plan~ or methods which may be deemed most advisable by the City CounCil. SEUTION 17. POWERS ~ND DUTIES AS TO DIVISION OF LANDS. It sh~l~ be the further duty of the Planning Commission to exam- ine all proposed division of lands., which is hereby defined as plans, plats, replats, additions, subdivisions and resubdivisions subdividing lands, located in the ~corporate iimits~'of, or within five (5) miles of the corporate l~mits~of the City, to determine if such division of lands conforms t¢ plan of the City, its streets, alleys, parks, 'playg public 'utility facilities, sanitary facilities, drainage facilities and all other-facilities or the-extension of any of the above facilities, which have been or may be laid out, and to determine if_such division of land conforms to such generals rules, regulations, ordinances or laws, if ~ny, goVerning the division,:Of land fall- ing whitin the ~urisdiction of the City, its City Co~cil or the Planning CommiSsion,~which rules, regulations, ordinances or laws are or have been adopted or promulgated to promote the health, safety, morals or general welfare of the.community and the safe, orderly and healthful development of the community. The Planning Commission is authorized to set up such stan- dards to cover the presentation .of such division of land, and to establish such procedures for acting upon such representations as it may deem advisable; provided, that such standards~and procedures shall not be inconsistent with the provisions of this ordinance or other ordinances of the City, the laws of the State and the Constitution of the United States~ SECTION 18. It shall be the duty of the Planning Commission to prepare a Master Plan for the systematic development and growth of the City of PlainvieW. This Master. Plan shall include the location of main thoroughfares, arterial highways, alleys, a plan for the gem'eral disbursement and routing of traffic, widening of streets where necessary, and the extension of streets having in mind the continued growth and development of the City of Plainview. The Master Plan shall a~so include plans for. pub- lic utilities, city water wells, parks, playgrounds, sanitary facilities, drainage facilities, and all other things and matters deemed important or advisable by the commission in relation to civic improvements. SECTION 19. No street or alley in the City of Pla~nview shall ever be closed or changed by the City Council until and unless theyhave first received the recommendation of the Plan- ning Commission. SECTION 20. The purpose of the Planning Commission for the City of Pla nview is to further the orderly and systematic deVelopmentof the City of Plainview, The Planning Commission Shall prepare a Master Plan for the development and grGwth of the City of~Plainview, and make recommendations .to the'City CounCil~When'they deem~it"neCesSary for the City Council to pasS additional ordinances Or to amend any existing ordinance for the ben,fit of theCi~'s growth and development. It shal~.~be the dUty~0f'th~ PlYing Commisionto study, consider, ap~'~rove or diSapprove~all~plats for subdiVisionS or resUbdivtsions with- in the City of Plainvi~w~ or with~nfive (5) miles of the corpo- rate limitS of sAi~city~ in accordance with the procedure, regulations aud rules prescribed in regard to subdivisions by the City Council, and the laws of the. State of Texas. SECTION 21~ The Planning Commission shall make a det'ailed Study'o~ ~he'n~eds of the'City of'Plainview in relation to zoning and if'they'deemit' advisable, may make maps proposing districts and the uses of-property recommende'd for such districts, and may in"their discretion make recom~endations to the City Coun- cil pertaining to the matter of Preparing for the adoption of an adequate zoning Ordinance for the City of Ptainview. SECTION 22. The CityEngineer shall be the technical advisor to the Planning Commission on' all engineering problemm. SECTION 2~ The.City Attorney shall be the legal advisor to the Planning'Commission' and shall advise with them raining to legal matters, and shall attend the meetings of the Commission. ~ ~ECTION 24. The expenses of the Planning Commission in compiliHgstatistiCS~ conducting studies and formulating plans relative to the future growth and development of the City of PI a inview, and other expenses and cost of operations or-the- Planning Commission~and the'~Board of Oity~Development,?~h~ll be paid by the City. All of such costs shall be considered by the City when making its budget, and such costs and expenses shall be budgeted, accounted for 'and paid in the same mauner as the cost of operations of any other city department. t SECTION 2~, Sections 30 to 41, inclusive, of Article VI, Chapter 2, of the Code of the City of Plainview, Texas, 1957, is repealed, but the repeal of these Sections shall not.affect the present membership oftha Board of City Development, nor'the resPective terms of office of the present members of the said Board of CityDevelpment, not. shall the ~epeal of these Sec- tions affect in any wa~ the expenditure by the Board of City Developmentof any fund~heretofore.appropriated by the City ~for the purpose of ca~ing out the duties and responsibilities of sai~ Borad, nor shall it affect auy~of the p~ojects or obli- gations already incurred by said Board of City Development for the fiscal year 19~7-19~8. PASSED the 18th day. of August, A.D. 19~8. ATTEST M. ~B. Hood, Mayor City of Plainview, Texas C~ty. Cierk, City of ~lainview, Texas. .~ ORDINANCE NO. 692 SUBDIVISION REGULATION, CITY OF PLAINVI~F AN ORDINANCE PRECR!BING GENERAL RULES AND REGULATIQNS GOVERNING PLATS AND SUBDIVISIONS OF L~D FALLING WITHIN THE JURISDICTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW FOR THE PURPOSE OF PROMOTING THE HEALTH, S~LWETY, MORALS AND GENERAL WELFARE OF THE COM~rNITY, AND THE SAFE, ORDERLY ~LND HEALTHFUL DEVELOPMENT OF THE SAID CITY, DEFINI-NG-TERMS AND ADOPTING RBLES ~ND REGD-LATIONS FOR THE APPROVAL OF SUBDIVISIONS OR RE-~x-SUBDIVISIONS, SETTING OUT SUGGESTIONS TO SUBDIVIDERS, PROCEDD~HE FOR CONDITIONAL APPROVAL OF F~.EAL ~ ~ PLAT, PROVIDING FOR DESIGN STANDARDS WOR_ A SUB-DIVISION OR RE-SUBDIVISION: PROVIDING FOR THE~i~GE~ENT~?-0F STRE~.~S, AL- LEYS, BLOCKS, LOTS ~%~D BUILDi~G LINES: PROVIDING THAT FLOOD AREAS SUBJECT TO FLOOD CONDITIONS WILL NOT 'BE CONSIDERED FOR SUBDIVISION PURPOSES UNTIL ADEQUATE DRAINAGE HAS BEEN PROVIDED: AND MAKING REQUIR~ENTS FOR FINAL APPROVAL OF A SUBDIVISION OR RE.~SUBDIVISION: AND PROVIDING FOR THE APPROVAL OF ~LL PLATS-~F ~~-I~-I~ AND RE- SUBD!VISIONS~BY THE CITY PL_&NNING COMMISSION: AND REQUIRING CER- T~.IN IMPROVEMENTS FOR THE SUBD!VISI-0N, AND REQUIRING APPROVAL PRIOR TO CITY UTULITIES SERVICE AND PROVIDING .~ SAVING CLAUSE. BE IT ORDAINED BY THE 'CITY COUNCIL :~0F-THE CITY OF-PLAINVIEW: SECTION 1. That the following regulations be,' and the same are hereb~adopted a~ud approved; and for the purpose of these regulations, whiCh shall be kno~m as and may be cited-as "City of'Plainvi~w Subdivision Regulations," certain words used herein are defined as follows: A. SUBDIVISION. The term "subdivision" means the division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of~own~ership or building development; provided that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street or alley shall not be deemed a subdivision. The term includes re-subdiviSion and, when appropriate to the context, shall relate to the process of subdividing or to the land sub- divided. B. STREETS AND ALLEYS. The term "street" means a way for vehicular traffic, whether designated a street, highway, thorough- fare, parkway, throughway, ~road, avenue, boulevard, land, place, or however otherwise designated. 1. Arterial streets and highways are those which are used primar~y"for fast'or ~eavy'traffic. 2. Collector streets are'those whichcarry traffic from minor streets to the major system of arteria-1 streets and highways, including the principal entrance streets of a resi- dential development and streets for circulation within such a development. 3. Minor streets are those which are use~ primarily for access to the 'abutting properties. 4- Marginal access streets are minor st~e~ts~wh~ich are parallel to and adjacent to arterial streets and highways;- and which provide access to abutting properties and protection from through traffic. 5. Alleys are minor ways which are used primarily for vehicular service~ access to.the back or the side o£ properties otherwise abutting on a street. C. PLANNING C0~i!SSIONS. Whenever the term "Planning Commission" or "Commission" is used in these regulation, it shall be deemed to refer to Planning Commission of the City of Plainview. D. _S~HALL,_ MAy. The "shall" shall be deemed as manda- tory. The word "may" shall be deemed as permissible. SECTION 2 PROCEDURE A. PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT. 1. On reaching conclusions, informally (as recommeded by Appendix "A" attached~to this ordinance) regarding his Igeneral program and objectives, the subdivider shall cause to be prepared a Preliminary Plat, together with improvements, plans and other supplementary material ~as applicable in Section 4- 2. Six (6) copies of the Preliminary Plat, and supple~ mentary materials specified shall be submitted to the Planning Commission with writte~ application for conditional approval at least ten (10) days prior~t° th~.mee~ing at which it is to be considered. 3. The following notice shall be stamped on the face of each preliminary ~lat by the Secretary of the City Planning Commission: "Prelimmnary Plat -for inspection purposes onlY, and in no way official or approved for record purposes." 4.i Following (a) review of Lthe Preliminary Plat and other material submitted for conf0i'mity thereof to these regulations, and (b).nego. tations witH~'~be subdivider of changes deemed advisable'and the kind ~ud ext~nt or. improvements to be made by him, the Planning Commission .thirt~ (30) days, act thereon aS submitted, or if approved, the Planning Commission shall express its approval as conditional Approval and state the conditions of such approva2, if any, or if disapproved, shall express its disapproval mud its reason therefor. 5. The action of the Planning Commission s~all be noted on tow (2) copies of the Preliminary Plat, referenced and attached to any conditions determined. One (1) cody shall be returned to the subdivider ant the other retained by the planning Commission. 6. Conditional Approval of a Preliminary Plat shall not constitute approval of the Final Plat'. Rather, it shall be deemed an expression of approval to the layout submitted on the Preliminary Plat as a guide to the preparation of the Final Plat which will be submitted £or approval of the Planning C6m- mission snd for ~eoording upon fulfillment of the requirements of these regulations and the conditions of the Conditional Approval, if any. B. PROCEDURE OF APPROVAL OF FINAL PLAT. 1. The Final Plat shall conform substantially to the Preliminary'Plat as approved aud,~ tf desired by the subdi- vider, it may constitute only that protion of the approved Preliminary Pla't which he proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of 'these regulation. 2. Two (2) copies of the Final Plat, together with a r~producible sepia and supplementary materials required for approval shall be prepared as specified in Section 5, and shall be~submitted to the Planning Co~maission within sixty (60)' days after approval of the Preliminary Plat; otherwise such approval Shall become null~ and void unless an extension of time is ap- plied for '~Gd granted by the Planning Commission. ,S, ECTX0N. , DESigN STANDARDS A. sTREETS. t. The arrangements, character, extent, width, grade and location of all streets shall confoNa to the Master Thorough- fare Plan.and other Master Plans of the City of Plainview, and shall be oonsidered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 2. Where such is not'shown in the Master Thoroughfare Plan, the arrangement of streets in a subdivision shall either: a. Provide for the continuation or appropriate prgjection or existing principal streets in surrounding areas; or b. Conform to a plan for a neighborhood approved or adopted by the Planning Commission to meet a particular situ- ation where topographical or other conditions make continuance or conformance to existing Streets impracticable. 3. Minor streets shall be so laid out that their use by through traffic will be discouraged. ~. Where a subdividion abuts or contains an exist- ing or proposed semi-freeway street ~ ~*~he ~ 'Ptar~ ¢~a~ss i~n~nay'~ re- ~;~ i~at ~c~e~s ~s_t~eets, ~e~se~ ~on$'~e ~th.~ ~.~en pl~ ~onSai~d-~.in~~ ~ non~a~ce ss_~ :~ese~ation-.-along ~-~he ~ea~: p~ep~ty~ ~i-ne~de~p~;-~O.ts w'~th~-~ear:-~Serv~ce at.~eys,~ or-~such~the~t~eat- P-roD~ies ~d to afford separation of through ~d local t~affic. !~. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Commission may require a street approximately parrallsl to and on each side of .such right-of-way, at a distance suitable fo~ the appropriate use of the intervening land, as for park purposes in residential districts, o~ for commercial or industrial purposes in approptiate districts. Such distances shall also be determined with due regard for the requiremtnes of approach grades and future grade ~'eparations. 6~ ReServe strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Planning Commission. 7. Street jogs with centerline offsets of less than one-hundred and twenty-five (125) feet shall be avoided. 8. Street intersections shall be as n~arly at right angles as practicable.~ 9. Street right-of-way widths shall be as shown in the Master Thoroughfare Plan and where not shown therein shal~ be not less than as follows: STRUT TYPE Arterial ................................... 90 - 200 Collector .................... ~- ............ 75 - 90 Minor-- ........................ 75 - 80 M arg inal~-~ Ac cess ............................ 40 -- 75 10. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision and these regulations; and' where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining propsrty is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. ll. Dead-end streets may be platted where the Plan- ning Commission deems desirable and where th~ land adjoins property not subdivided in which case the streets shall, be carried to the boE~daries thereof. 12. Dead-end streets, designed to be so permanently, shall not be longer than six-hundred (600) feet and%Shall be provided at the closed end with a turn-around having an outside roadway diameter of at least eighty (80) feet, and a street~1 property line diameter of at least one-hundred and twenty (120) feet. 13. No street names shall be used which Will dUplicate or be confused with the names of existing streets. Street names shall be subject fo approval of the Planning Commission and shall be in accordance with the City of ~Plainview's street naming plan. B. ALLEYS 1. Alleys shall be provided in commercial and indus- trial districts, except that the Planning commission may waive this repuirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the use proposed. ~. In residentia.1 destricts all:eys sha~l be provided parallel or'app~o~fmatel~ parrallel to the frontage of the street'. 3. Thel~minimumwfdth of 'an alley shall be twenty (20) feet. 4- Where two (2) alleys intersect, a cut-off of~n~t less than fifteen (l~) feet along each property line from the normal intersection of the property lines shall be provide4. 5. ~Dead-end alleys shall ~e avoided where possible, but if un-avoidable, shall be provided with adequate turn-around facitities at the dead-end as determined by the Planning Com- mission. 6. "T" alleys are to be avoided wherever possible. C. BLOCKS 1. The lenghts, widths and shapes of blocks shall be determined with due regard to: a. Provision of adequate building sites suitable to the special needs of the type of use contemplated. b. Zoning requirements as to lot sizes and dimensions. c. Needs for convenient access, circUattion, control and safety of street traffic. d. Limitations and opportunities of topography. 2. Block lenghts shall not exceed eight-hundred and seventy-five (875) feet, or be less than three-hundred (300) feet except under unusual conditions approved by the Planning Commis- sion. Block depths shall not be less tha 240 feet. 3. Predestrial walks, not less than ten (10) feet wide, shall Be required where deemed essential to provide cir- culations', or access to sghools, playgrounds, sh6pping centers, transportation, and other community facilities. D. LOTS 1. The lot size, width, depth, shape, and orientation, and the minimum building set back lines shall be appropriate for the location of the subdivision and for the type of develop- ment and use contemplated. 2. Lot dimensions shall conform to the requirements o£ the zoning ordinance, if such requirements are more stringent, otherwise lot dimensions shall .be as follows: a. Residential lots shall be not less than six-thousand (6000) seuare feet in area. b. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be ade- 'quate to provide for the off-street service aud parking facilities required by the t.~pe of use and development contem- plated. 3. Each lot shall front upon a public street. '4- Double frontage, and reverse frontage lots, should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A Plant- ing screen reservation of at least ten (10) feet, and across which, there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disad- vsntageous use. 5. Side lot lines shall be substantially at right angles or radial to street lines. 6. Where the area is divided into larger lots than for norraal urban building sites and in the opinion of the Com- mission auy or all of the tracts are susceptible of being resuHdivided, the original subdivision shall be such that the alignment of future street dedication may conform to the general street layout in the surrounding area. E. BUILDING LINES. Building lines shall be shown on all lots intended for residential use and in some cases may be required on lots intended for business use, and shall provide at least the set- back required by the Zoning Ordinance. F. FLOOD AREAS. Areas within the jurisdiction of the City Planning Commission subject to flood conditions as established by the ~City Engineer of Plainview will not be considered for subdivd- sion purposes until adequate drainage has been provided. SECTION 4. P.RELIMINARY PLAiNS AND DATA FOR CONDITION.~L APPROVAL Preliminary plans and data for the conditional approval of the Planning Commission as provided in Section 2 - A, shall con- form to' the following: A. PLATS 1. Six (6) copies or prints of the proposed subdivi- sion drawn to a scale of one-hundred (100) feet to one (1) inch showing the following: a. Boundary lines, bearings and distances sufficient to locate the exact area proposed for subdivision. bl The name and location of all adjoining sub- division shall be dra~ to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in suffi- cient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Adjacent unplatted land shall show property lines~and owners of record. c. The location and widths of all streets, alleys, easements, and right-of-ways exis~i~6 or proposed within the subdivision l~mits. d. The location of all existing property lines, buildings, sewer or water mains, gas mains or other underground structures, easements or Other existing features within the area proposed for subdivision. e. Proposed arrangement of lots and proposed use of same-- All lots, plots or building sites in a~y original subdivision shall be numbered consecutively from one to the total number of lots in each block in the subdivision. The blocks in the.subdivision shall be numbered consecutively. Where unusual conditions exist, the Planning ComMission may ap- prove a different me~hod of designating lots, plots and b~ild- ing. sites. f. The title under which the proposed subdiVi- sion is to be recorded, the name of the owner with sufficient data to show ownership, and the name of the engineer or surveyor platting the tract. g. Sites, if any, to be reserved or dedicated for parks', playgrounds or other public uses. h. Scale, north arrow, date and other pertinent data. B. PORTECT!0N COVE~NANTS. Draft of any protection covenants whereby the subdi- vider proposes to regulate land used in the subdivision. SECTION A. PI~RT ~D DATA FOR FINAL APPROVAL. 1. Final Plat: Upon receiving conditional approval as provided in Section 2 bf this ordinance, the owner of the tract proposed for subdivision shall, within sixty (60) days, have prepared'and submitted a Final Plat to the City Planning Commission. A reproducible sepia and two (2) copies shall be drawn upon sheets 8~"x ll", ll"x 17", l?"x 22", or 22"x ~6", and shall be at a scale of one-hundred (100) feet to one(l) inch. Where necessary, the Plat may be on several sheets accompanied_by an index sheet showing the entire subdivision. For large subdivision, the Final Plat may be submitted for approval progressively in contiguous sections satisfactory ~e the Plauning Commission. The Final Plat shall show the following: a. Primary control pints, approved by the City Engineer, or descrmptions and ~ies to such cOntrol p~ints, to which all dimensions, angles, bearings, new city Block number or county block number, and similar data on the plat shall be referred. b. Tract boundary lines sufficient to locate the exact area proposed for subdivision, right-of-way lines of streets, easements and other right-of-way, and property lines of residential lots and other sites; withaccurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves. c. An accurate metes and bounds description of area proposed for s~division, including reference to primary control points, shall be placed upon the Plat. Where more than one ownership is involved in the area~to be subdivided, the limits of each owner' s land shall be clearly designated on the Plat. The engineer or surveyor shall place a certificate on the Plat clearly describing the limits of each owner's land and' the lots, plots, and building sites of the subdiviaion included within the boundary of each owner' s land. Where space w~ll not permit the inclusion of the above description and certificate on the Plat, such description and certificate shall be placed on a ~eparate sheet and attached to the Plat and shall become a part thereof. d. Na~e and right-of-way width of each street or other right-of-way. e as ement. e. Location, dimensions and put-poses of any f. Number to indentify each lot or site. g. Purpose for which sites, other than residen- tial lots, are dedicated or reserved. h. Minimum building set.back line when required by the Planning Commission. Location and description Of monuments. J. Referenc.e to recorded subdivision Plats of adjoining platted land by record name, date and number. Plat: k. SURVEYOR'S C~TIFICATE, to be placed on the WOW ALL 'MEN BY THESE PRESAT~TS: That I, , do hereby certify that I pre- pared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monu- ment shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Plainview, Texas. Commission: (to 1. Certificateof aporoval by the City Plann~.ng be placed on plat) ~ - - Approved this day of .. , 19 , by the City Planning Commission Of the City of Plalnv_ew, T%-~s Ch~man S~cretary m. Title, scale, North arrow and date. 2. OWNER'S CERTIFICATE OR DEED OF DEDICATION. The dedication deed or certificate of dedication-shall be executed by all persons, firms or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws of the State of Texas for con- veyances of real property. Two (2) true copies must be furnished with the original. The ~-%fe of all married men executing $~ch dedication deed or certificate of dedication shall jo~n with her husband therein unless satisfactory proof be provided show- ing that the property to be subdivided does not constitute any portion of such party's homestead, in which case the instrument of dedication shall state the fact that the property subdivided and platted does not constitute a part of such party's home- stead aud positively designates and idenbifies such party's actual homestead. In the case of lienholders, they may execute a subordination agreement suboz ng liens to all public streets, alleys, parks, ~ny other public areas shown on the Plat of such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, con- tain the following: land subdivided. An accurate description of the tract of b. A statement' and express representation that the parties joining in such dedication deed or certificate of dedication are the sole owners of such tract or'land. c. An express dedication to the public for public use forever over the streets, alleys, right-of-ways, parks, school sites and other public places shown on the attached plat. d. A positive reference and identification of the Plat of such subdivision by the name of such Subdivision, date of Plat, and engineer or surveyor. 3. CERTIFICATE OF IMPROVEMENTS. The City Engineer shall furnish the Planning CommisSion with a written certificate stating that all improvements required by Section ~-B of this Ordinance which have been completed~prior to final approval have Been satisfactorily completed in accordance with all City plans and specifications for such improvements. 4. protective Covenants, if auy, in form for record- ing. ~, Certificate showing that all taxes have been paid on the tract to be subdivided, and that no delinquent taxes exist against the property. 6. Other Data: Such other certificates, affidavits, endorsements, o~ de'~ucti'hs as may be required by the Planning Commission for the enforcement of these regualtions. B. IMPROVk~MENTS REQUIRED PRIOR TO ACCEPT~_WCE OF THE FINAL PLAT. Prior to the approval of the final plat by the plaUning ~ission, the following improvements shall be completed on the subdivision, or bond in lieu thereof furnished: 1. Monuments. a. Monuments consisting of one-inch (1'~) iron pipe, twenty-six inches (26") in length, shall be places at all corners of the block lines, the point of intersection of the alley and block lines, and at the points of intersections of curves and tangents of the subdivision. This twenty-six inch (26") pipe shall be in two (2) lengths, one (1)~ eighteen inches (18") in length, with an eight inch (8") length of pipe above, which shorter length shall be placed flush with the average ground elevation. When extremely loose soil cinditions are encountered, upon authorization of the City ~Engineer, an eight inch (8") wooden 2"x 2" stake as a substitute shall be driven in the top of the eighteen inch (18"i) length of one'inch (l") pipe in lieu of the eight inch (8") length of one inch (l") pipe. All markers shall be ind~.cated on the Final Plat. b. Lot markers shall be 2"x 2" wooden stakes or one-half inch (~") iron rods placed at each corner of all lots flush with the average ground elevation or they~ may be counter sunk, if necessary~in-order to avoid being disturbed. c. Two (2) of the monuments provided in sub- section "a" above for block corners or interesection~cor~ers shall be permanent survey reference points. These points shall be marked with monuments, the top of which shall be twelve inches (12") below the existing ground and shall be made of ~two inch (2") diameter iron pipe eighteen inches (18") in length, the top twelve inches (12") of which shall be set in concrete. Inside of the two inch (2") pipe andextending to the. surface of the ground, a one inch (1~) iron~pipe .shall be installed. These remference points should be located so as to establish one (1) side of the subdivision. 2. Streets. a. Underground utility lines required in the subdivision shall be places under and/or across all streets prior to paving, where paving is proposed in subdivision. Street Name Signs. Street name signs shall be placed at all inter- 'sections within or abutting the subdivision. Such signs shall be of a type appr0$ed by the City of Plainview, and shall be placed in accordance with standards of erection of the City of Plainview. ~ C. WITH/!0LD!NG IMPROVEMENTS ~TIL APPROVED. 1. The city hereby defines its policy to be that the City will withhold all city improvements of whatsoever nature,~including the maintenance of streets and the furnishing of sewerage facilities and water service form all additions, the platting of which has not been approved by the City Planning Commission. 2. No street number and no building pBrmit .shall be issued for the erection of any building in the City of Plainview on any~peice of property other than an original Gr a resubdi~i- ded lot in a duly approved and recorded subdivision without the written, approval of the Planning Commission. SECTION 6. VARIANCES. A. 'HARDSHIPS Where the Planning Gommission finds that extraordi- nary hardships may resUlt from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that~such variation will not have the effect of nullifying the intent and purpose of these regulations. B. LARGE SCALE DEVELOPMENT. The standards and requirements of these regulations may be modified by the~Planning Commission in the case-of a plan and program for a complete community, or a neighborhood unit, which in-the judgment of the Plauning Commission provide adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the t~act when fully developed and populated, which also provide such covenants or other legal provisions as will assure conformity to and achievement of the plan. C. CONDITIONS. In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or require- ments so varied or modified. SECTION 7. APPROVAL OF- PLAT OF SUBIDIVISION OR RE-SUBDIVISION REQUiRED~BEFORE ISsuANCE OF BUILDING PERMITS After the passage o2 this ordinance, no permit shall be issued by the Building Inspector for the construction of any building of any subdivision or re-subdivision within the City of Plainview, or that hereafter may be annexed to the City of Plainview, unless the lot or tract of land lies within a sub- division or re-subdivision, which subdivision or re-subdivision has been approved by the Planning Commission of the City of Plainview as hereinabove provided for. SECTION 8. PERSONS RREJUDICED BY VIOLATION OF THIS ORDINANCE MAY ENFORCE COMPL!~CE THEREWITH.. Any abutting property owner or lessee or other ~erson pre- judicially affected by the violation of the terms of this ordinance may resort to any court of. competent jurisdiction for' any writ oF writs, or to obtain such relief, either in law or equity, as may be deemed advisable in the premises. SECTION 9. SAVING CLAUSE. If ~¥ section, sub-section, sentence, clause, phrase or portion of t~is ordin~~ce is for my reason held invalid or ~constitutional by my court of competent jurisdiction, such section, sub-section, sentence, clause, phrase or portion sh~l be deemed a separate, distinct, Md .independent provision md such holdings shall not affect the validity of the remaining portions thereo~o/J ~~ PASS~ the day of_ ~ , 9~.. M.B. HOOD, MAYOR City Of Plainview, Texas ATTEST: Clerk, 'City o~f P/lainview, Texas. APPENDIX "A" SUGGESTION TO SUBDIVIDER The subdivider should avail himself'of the advise and assitance of the Planning Commission, and to consult early and informally with the Commission staff before preparatibn of the Preliminary Plat, and before formal application for its approval, in order to save time mad money and to make the most of his opportunities. He should also consult with parties potentially interested with him or with the ultimate users of the development, such as lending and mortgage insurance institutions, with a view to reaching, at this initial stage, firm conclusions regarding what part of the market demand should be served, the s~itabi~ity of the location of the proposed subdivision, the most advanta- geous- subdivision plan, the arrangement of streets, lots, untilities and other features of the proposed development. Moved by Alderman C~ine, second by Alderman Ward That ordinance No. 693 be passed ~alley closing) The motion carried. ORDINANCE NO. 693 AN ORDINANCE CLOSING THE ALLEY DIVIDING LOTS ONE TO FIVE INCLU~ SIVE IN BLOCK SEVEN, k~EST LYNN SUBDIVISION, .~ND LOTS~SIX~T0 NINE INCLUSIVE iN BLOCK SEVEN OF SAID SUBDIVISION, AND A STRIP OF LAND 16.38 FEET WIDE LYING IMMEDIATELY NORTH OF SAID LOTS ONE TO FIVE INCLUSIVE, AS SAID STRIP OF LAND AND ALLEY IS SHOW~J BY PLAT OF SAID SUBDIVISION OF RECORD IN VOLL~ME 245, PAOE 172, DEED RECORDS OF HALE COUNTY, TEXAS. WHEREAS, South Plains Commodities, Inc., a corporation, acting by sad through its Executive Vice-President, duly authorized by resolution of the Board of Directors of said corporation, has petitioned the City Couucil of the City of Plainview to close the alley dividing Lots One (1) to Five (5) inclusive and Lots Six (6) to Nine (9) inclusive, of Block Seven (7) of West~Lynn Subdivision to the Town of Plainview, in Hale County, Texas, generally known and represented as West Lynn Subdivision of Blocks 31, 32, 33, 39 and parts of 38, 40, 41, 42 and 43, Lakeside Addition to Plainview, Texas, as shown by Plat of Re- cord in~ Volume 245, page 172, Deed Records of Hale County, Texas; and WHEREAS, said corporation has petitioned the City Council of the Citw of Plainview, to close that strip of land 16.38 feet wide Heretofore dedicated for the purpose of being used some time in the future as a street lying immediately North of said Lots One (1) to Five (5) inclusive, in said Block Seven (7); and The City Council finds 'that said South Plains Commodi- ties, Inc., a corporation, is the owner of all of the land on both. sides of said 16.38 foot strip and said alley in said Block Seven (7), and afte~ considering the application and the. evidence submitted in support thereof, the City Council fin'ds that it will be in the public interests to close ~aid alley and said strip of land; NOW, THER~WFORE: BE IT 0RDA!N~ BY THE CITY COD~CIL OF THE CITY OF PLAINVIEW: SECTION ONE. That the alley now existing between Lots One (1) to Five (5)~ inclusive of Block Seven (7), West Lynn Subdivision of Blocks 31, 32, 33, 39 and parts of 38, 40, 41, 42 and 43, Lakeside Addition to Plainview, Texas, as shown by Plat of re- cord in Volume 255~ page 281, Deed Records of Hale County, Texas, and Lots Six (6) to Nine (9) inclusive in said Block Seven ~7) in said Subdivision, be and the sam~e is hereby closed. SECTION TWO. That the strip of land 16.38 feet wide, as shown by Plat of West Lynn Subdivision of Blocks 31, 32, 33, 39 and part of 38, 40, 41, 42 and 43, Lakeside Addition to Plainview, Texas, as shown by Plat of record in Volume 255, page 281, Deed Records of Hale county, Texas, lying immediately North of Lots One (1) to Five (5) inclusive in said Block Seven (7) of said Subdivision beand the same is hereby closed. ~ECTION THREE. The City Council finds that it is in the best interests of-'-the public to close the alley hereinabsve describ- ed~and referred to in Section One of this Ordinance as an alley, and to close the 16.38 foot strip of land lying immediately No~th of Lots one (1) to'Five (5) inclusive ~u Block Seven (7) of said Lynn Subdivision hereinabove described as shown by Plat of record in Volume 245, page 172, 'Deed Records of Hale County, Texas. SECTION FOUR. That the said alley above described is Section 0ne'a~'~the-16.38 feet strip of land above described in Sec- tion Two of this Ordinance, shall no longer be used as public thoroughfares nor as open streets, and shall no longer be designated as an alley or as a portion of a street, and the owner of the property contiguous to said alley and to said 16.,~8 foot strip of tand'hereinabove described in this Or- dinance, may take possession thereof and make use of same in accordance with the laws of the stats of Texas° PASSED, APPROVED AND ADOPTED, this the 1st day of September, A.D: 1958. M. B. HOOD, Mayor City af Plainview, Texas ~ity Clerk, City ~f Piaih~ie~- Ordinance ~ Tax Levy See Reg~uiar Mi-nutes~ ORDINANCE 69~ An ordinance of the City of Pla£nview Prescri0ing Rates and Charges D~r Local Exchange Telephone Service Furnished by- South- Western Bell TelephOne Company BE IT 0RDA±I\¥ED BY THE CiTY COUNCIL OF THE CITY 0F FLAiNVIEW: Section I : Southwestern Bell Telephone Company shall place in effect the following schedule of rates for local exchange tele- phone service on its first billing date after this ordinance. . be- comes effective in accordance with the Charter-of the Czty. Class of Service One Party Business Flat Rate Business Extension Station Flat One Party Residence Service Two Party Residence Service Four Party Residence Service Residence Extension Station Commercial PBX Trunk Commercial PBX Station Measured Hotel PBX Trunk(Guarantee ) Measured Hotel PBX Station Semi-PUblic ServiCe (Guarantee) Local Messages Under Guaraatee-each Local Messages over Guarantee-each Coin Telephone Charge per Local Mes~sage Extension Semi-Public-~ oin Extens ion Semi-Public-Non-coin Mo nthl_~ Rate l .00 .00 4.25 3.7~ (a) 1.00 (b) 1.50 (c) 1. O0 · 24 per day . !0 .10 1.$o i.00 (a) Four-party resi~dence telephone service is authori~zed only until such time as telephone facilities are available to furnish twp-party residence telephone service to the then existing four- party residence telephone customers; at such time, four-party residence telephone service shall be discontinued. (b) The rate for a flat rate PBX trunk is one and one-half ti~es the rate for ane party business flat rate service. (c) Minimum local message revenue ~uarantee equal to one party business flat rate service. Rates and charges for miscellaneous services and equipment shall remain as heretofore established except as superseded by those rates and char~es contained in the Schedule of Miscellaneous Rates and C~arges at~ached hereto and made a mart hereof. Section 2; Nothing in this ordinance conzained sh~li be conte strued now or hereafter as limiting or modifying, in any manner, the right and power of the city under the law to regulate the rates and charges of Southwestern Bell Telephone~Company. Pa:ssed and aooroved this the 6th Day of 0ct0b. er t958. Attest: P. H. Bryan City Clerk M. B. Hood Mayor , city of Plainview ORDINANCE NO. 696 AN ORDINANCE ES~TEBLISH!NGCA~B~SE RETEDJtREA?FOR~~ TELERHONEW SERVICE IN THE CITY OF PAAINVIEW ~ BE IT ORDAINED BY T~ CiTY C0~CIL~0F T}~ CIT~ 0F PLA I~'Vt~: Sedtion 1: That approval ~s hereby granted for the establis~ent oD a Base Rate Area as shown on the map atta~he~ hereto and made a part hereof. Every customer located within C~is Base Rate ~ea shall be entitled to local exchange telephone service ~a~ the base rates duly authorized by this council. Section 2: That standard excess mileage:charges shall apply for service furnished cust.omers within the City of Plainv~ew but located outside of this Base Rate Area. In nb case-shall the Telephone C~m~a~yv~apply its standard excess mileage charges for service within the aforesaid Base Rate Area. Section 3; That the Base Rate Area of the exchange may be ex- tended by the Telephone Company whenever density .of development may justify such extension, but in no case shall the area shown on the attached map .be diminished without authorization by the City Council. A map showing the current Base Rate Area shall be maintained in the business office of the Telephone Company. Section 4: That the establishment of the aforesaid Base Rate Area shall become effective on the first billing da~e after this ordinance becomes effective in accordance with the Charter of the City. Section 5: That nothing in this ordinance oontained shall be construed as in any manner, now or hereafter, limiting or modifying the right and power of the City under the law to regulate the rates cl~arge~ for local exchange telephone service by the Southwestern Bell Teleptlone Company for its services within the City of Plainview, Texas. Passed and approved this 6th ~day of October 1958. ATTEST: M. B. Hood Mayor , C~ty o~' Plainview P. H.-Bryan C--i-ty Secretar.~ Ordinance No. ~9.7 Date Street Construc$ion AgEeement. Set forward to page j-~ ORDINANCE NO. 698 AN ORDINANCE GRANTING PERMISSION TO THE FORT WORTH AND DEI~]ER RAILWAY C0~A~f AND SOUTH PLAINS CO~0DITIES, INC. TO CON~TRUCT OPERATE AND MAINTAIN A RAILROAD TRACK ACROSS BURLINGTON STREE~ IN ~TP~E GiTY OF PLAINVIEW, TEXAS. WHEREAS, the Fort Worth and Denver Railw~y~Company and South Plains Commodities, Inc. has entered into a private track agreement dated~September 15, 1958, for the erection and maintenance and use of a sour railroad track to serve the grain storage, warehouse and business of South Plains Commodities, inc.; and WHEREAS, the said South Plains Commodities, inc. has aoolie~ to,he City Council of the City of P!ainview for permission to ~~uct ' maintain and operate said track across Burlington Street in said City, at a point aporoximately 300 feet East of the East boundar~r line of Quincy ~treet, the said track to be laid at an angle across said Burlington Street, in a Northeasterly and Southeasterly direction and W~REA~, the City Council finds that there is a public need and necessity for said railroad facilities; NOW, THEREFORE, BE IT ORDA!~D BY THE CITY COUNCIL 0P TP~ CITY 0P PLAINViEW: SECTION 0N~:That the South Plains Commodities, inc., a corporation, and/or the Fort Worth and Denver Railway Company is hereby granted permission to construct, maintain and operate a railroad track on and across Burlington Street in the City'of Ptainview, at a point approxi~a~eiy 300 feet- East of the East boundary line of ~uincy Street, and in an approzimate parallel position to Quincy Street, and the said Fort Worth and Denver Railway Company and South Plains Com- modities, Inc. are hereby given permission to use said track after it is constructed for the purpose of transporting its railroad cars and-rolling equipment across said Street on its track, for the purposes for which said track is constructed and maintained. PASSED this 6th day of October, A.D. 1958. M. B. Hood M. B. Hood, Mayor City of Plainview, Te×as ATTEST; Paul B?yan Paul Bryan, City Clerk City of Ptain~iew, Texas Moved by Alderman Taylor second by Alderman Stapleton, That Ordinance No. 698-A be passed. The motion carried. ORDINANCE NO. 698A AN ORDINANCE GRANTING PERMISSION TO T~ FORT WORHT AND DEN%~R RAIL~ WAY COYfI~ANY AND SOUTH PLAINS COi{{~iODiTIES, iNC. TO CONSTRUCT, OPER- ATE AND !~9[iNTAIN A RAILROAD TRACK ACROSS TWENTY-FIRST STREET IN CITY OF PLAINVIB~ , TE~iS. WHEREAS, the Fort Worth and Denver Railway Company and South Plains Commodities, inc. has entered into a private trac~ agree- ment dated September 15, 1958, for the erection and maintenance and use of a spur railroad tract to serve the grain storage, warehouse and business of South Plains Co~nodities, Inc.; and ~ WF~RBAS, the said South Plains Commodities, Inc. has applied to the City Council of the City of P!ainview for permission to con- struct, maintain and operated said track across Twenty-First~(21st) Street in said City, at a ooint approximately 300 feet East of the East boundary line of Quincy Street; and WI~REAS, the City Council finds that there is a public need and necessity for said railroad facilities; NOW, THEREFORE, BE IT ORDAINED BY T~ CITY C'O~JNCIL 0~' T~ CITY 0P PLAINViEW: SECTION ONE: That the Sou~ih Plains Commodities~ Inc, a corpo- ation, and/~r the Fort Wor~-h ~nd Denver Raiiway~Oompany is here- by granted permission to construct, maintain .and operated a rail- road track on and across Twenty-First street 'in the City of Plain- view, at a point approximately 300 feet EaSt of the East boundgry line of Quincy Street, and in an approximate parallel position ~o Quincy Street, and ~the said For~ Worth and Denver Railway Company and South Plains Commodities, Inc. are hereby given permission to use said track after it is constructed for the purpose of trans- porting its railroad cars and rolling equipment across said Street on its truck, for the purpose for which said track is constructed and maintained. PASSED this 20th day of October, A.D. 1958. M. B. Hood, Mayor City of Plainview, Texas ATTEST: Paul Bryan, City Clerk City of Plainview, Texas 699 FORD~ARD Moved by Alderman Taylor second by Alderman Irby, that Ordinance No. 700, Airport Zoning Board, be passed The motion carried. AN ORDINANCE 700 CREATING A JOINT AIRPORT ZONING BOARD TO BE KNOWN AS TN~ HAE~ CO~JI~TY JOINT AIRPORT ZONING BOAiRD AND INV-ESTING SUCH JOINT BOARD WITH T~ POWERS SUCH BOARDS ARE AUTHORIZED TO EXERCISE UNDER T~ PROVISIONS 0P CHAPTER 391 OP TblE _aCTS OF THE REGULAR SESSION OF THE ~eth LEGISLATURE, 19~7. BE IT 0RDAi}PED BY, THE CITY COUNCIL OF THE CITY OF PLAINVIEk~: Section 1. Subject to like provision being made by the Co~Lmiss- loners, Court of Hale County, Te×as, by proper order, duly promulgated and entered on its minutes, and as authorized by the provisions of Chapter 391 of the Acts of the Regular Session of the ~0th Legislatur~, t947, there is hereby created a joint airport zoning board, to be~ known as the Hale County Joint Airoort Zoning Board, to which shall hav~Tthe powers and exercise the duties set forth in Section 2 and ~ of Chapter 391 ~f the Acts of the Regular Session of the ~0th Legislature, 1947. Section 2. The Hale County Joint Airport Zoning Board shat~l - be composed of five I~) members, two to be appointed by the City Council of the City of 'Plainview, Texas, and ~wo members to be appointed by the Commissioners' Court of Hale County, Texas. The fifth member shall be elected by a majority of the members so appoint- ed and said fifth members shall serve as Chairman of the said Hale County Joint Airport Zoning Boar~. Section ~. Claud Hutchinson and Lon Cartwright are hereby, appoint- ed as the'C~y'~ members on said Hale County Joint Airport Zoning Board. Sec_}ion..~. Ordinance No. 622 of the City of Plainview pertaining to present zoning regulations of the Hale County Airport is hereby repealed and any and all zoning regulations promulgated by the zoning board pursuant of said Ordinance 622' are hereby repealed and the zon- ing board appo_ntem pursuant to said Ordinance No 622 is hereby abolished. Passed this the 20th day of ~ctober, t9~8. M. B. Hood, Mayor ATTEST: Pa~l Erya~"City Clerk Moved by Alderman Ward second by AldCvman Irby, That the petition of Wayland College be granted', ~hd"O~ilhanoe N°. 699 be passed. The motion carried. ORDINANCE N0._~99 AN ORDINANCE CLOSING THAT PART OF VERNON STREET ~YING BETWEEN Tm NORHT LIh~ 0F SEFENTH STREET AND TB~ SOUTH LINE O~~ EIGHT STREET. W~R~AS, Wayland Baptist College, acting by and through its Board of Trustees, has petitioned the City COuncil of the City of Plainview to close that part of Vernon Stree~ lying between th~ north line of Seventh Street and the south line 'of Eigh~th Street in the Town of Plainview, in Hale County, Texas; and W!~REAS, after considering said petition, the City Council is of the opinion that it is in the public interest to close said street and that the facts and circumstances stated in said petition are tr~e and correct; NOW THEREFORE - '- =n _HE CITY OF P~AINVIEW: BE IT 0RDAtNE.~ BY Th~E CITY COUNCIL OF · ~ ~ SECTION ONE That that part of Vernon ~reet lying between the north line of S-~enth Street.and the south line of Eighth Streeb in the Town of Plainview, in Hale County, Texas, be and the same is hereby closed. ~' SECTION TWO. The City Council finds that it Ds in the best interest of the-pu---~ic to close that part of said street referred to in Section One of this Ordinance. SECTION THREE That the said street above described in Section One shall n--'0 long--er, be used as a public throuEh-fare or as an open street and shall no longer be designatem as a street or as a portion of the street and-the owner' of the property contiguous to said portion of the st'feet described in Section One of this Ordinance may take possession thereof and make use of same in accordance with the- laws of the State of Texas. PASSED, APPROVED, AND ADOPTED, this the 6th day 'of November, A.D. 1958. ~. M. B. Hood M. B~ Hood, City of Plainview, Texas P · ~ ~H. Br ygn P. H. Bryan, City Clerk City of Plainview, Texas ORDINANCE NO. 70X' P~LE: ORDINANCE RATIFYING AND CONFIP~HING .THE ACTSOF THE. CITY coUNCIL ~D ON JULY 31, 1930, CLOSING T~ EAST PART OF THE "T" ALLEY IN BLOCK 800F ALEXANDER AND WESTMORELAND ADDITION AND ACCEPTING TITLE TO 20 FEET, MAKING A CONTiNUATION.OF THE NORTH AND SOUTH ALLEY TO THE NORTH LINE OF SIXTH STREET AND OFFICIALLY CLOSING THE EAST PORTION OF SAID "T" ALLEY IN SAID BLOCK 80,. A W~AS,:!C, '.A. ~Shook,,. J. C. Hoop.er,_ D. W' McGlasson, M, C j McGlasson,i. S.'C, Ross,. W. R. Thompson and A. G. Harrison, ~lt executed an a~eement~ on Julx..3!.,~ !93.G~.... b~..~.the_ te~ms of Which' the~..~,.rep.resent-that they. d.were the sole and only owner's of all of the losts in'Block 80, Alexander and Westmoreland Addition to the town of Pla~nview, Hale Count~,. Texa. s,.,. and b~ the terms of said ag~e.ement the owners desired and .a_gFeed to close the East part 6f the "T" Alley in said BloCk §0'~. and to Deed to the Cftl. ln lieu themeof the East' 10 feet of Lot 9' and the West lO feet of'LOt 8 in said Block '80 to' the Cit~,, as an alley~ continuous from SeVenth Street to Sixth Street North and South,. which g reement is attached to petition on file with the City COuncil. "S0 as to make the North and South portion of the Alley~ AND,~ 'WHEREAS, said agFeement :and petition was duly presented'to the City Council at that time and the City Council accepted 'the terms of said ag~eemen~ and agreed to the closing of the East part of said "~ ~ilex.in consideration of the acceptance of title to 20 feet making~a continuous .alle~..~o~th and ..south across said block, but no official ord.inance was passed at that time c-losing .. said East part of sand "T" Alley. AND, WHEREAS, it appea~s ~o the City~.Council that the East pant of said "T" Alley._has never been op~ned and used by the traveling~.p.B~.~.!c,, and that the clty~...,has had the use of the North and South alley from Seventh Stmee~ to Sixth Street in said block,, and has laid its sewe~-lines therin, and has during all the ~ea~s g~ded and maintained the allex North and South across said Block. AND,. WHEREAS, The_ City COuncil is of the opinion and finds~that said Petition should be gFanted, and-that the actions Of'the 'Ct.ty~ ~ounctl hePetufore should be in all things, ratified and confirmed and this ordinance passed. THEREFORE,. BE. IT ORDAINED BY THE CITY COUNCIL OF THE C ITY'-0P PLAINVIEW'~ ~ti'the~Pe~iti0n On file herein petitioning the City '~cioSe~ the E~Nt paPt of Said "T" A~ley.. in .Block 80, AI~kand~r-an~'weStm0Peland-~ AdditI0n to the town..of Ptainview, Texas, be, and...the same is ~ In ail things SECTI That.all of'the p~opert~.owne.rs in said .Block 80,' an ag~$ement on Jul~..3.~.~ l~3Q,.i ag~eeing..~to the closing of-that portion-' of said alley, in conSideration of deeding, and ~dl~at'Ih~bo'~ ~he 0it~20' feet in'the middle of ~said Block so A~ t6"'-m~ke~c6htinuQ~'-~a'lleY. North and .South from .s.e~enth tO'-Sixth Bt~ee$~i"'and"that th6 East PortiOn of said "T" Alley 'in'said Block' has never been opened,.~ used or travelled by ~he p~BI'ic,i~ and that no Public utiliti lines have ever been. laA~ t'he~eTn,"and~that no inconvenience will be suffered either by ~he City~i'~0~-b~.~he-travelling.i~p.~blic if the Eas~ portion of said "T" Alley is closed and abandoned. the East pomtion 'of the "T" Allex in Block 80, ~aid~'alley~i~lmmediateI~..~oUth of Lot ~,. in said Block,~ snd North. -of-L~$s-6'&~yi,¥ and 8'In'said Block~ be,~_and the same is,~ in 'all th~n~'"eIOsed and~"v~a~at~d~'and'that She title to the ~bandoned ~OP~ion:iOf' said'"-~lIey. 'shall ~evert to ~'he' adjoining p~oRerty owners as provided bi laW. ~A~$ED, APPROVED AND ADOPTED A. o., 1958.' Attest; Signed this ~.~d~ay..o~. December, Moved by A!de~aan Ward secon~ by Alderman Irby, that the petition be granted and thatOOrdinance No. 702 be passed. ORDINANCE NO. 702 AN ORDINANCE ANNEEING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PALINVIEW, TEXAS, AN AREA ADJACENT THERETO,AN~FINDING AND DETE~Ud!NING THAT PETITIONS HAVE BEEN DULY SIGNED, A~D THAT A MAJORITY OF THE RdSIDNET, QUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WiTH THE CITY ~LERK SUCH PETITION REQUESTING SUCH ANNEXATION AND MAKING SAID AREA ~UB~ECT TO THE JURISDICTION OF THE 'CITY OF PLAINVIEi?, TE]£AS. ~m~.~.~ao., a ~etition has been sighed and fz~ed with the City Clerk of the City of Plainview, Texas, petitioning the City Comcil of the City of P!ainview to annex and admit the following de~ scribed area and territory into the City of Plainview, To-w~t: and Titus and Pillow Subdivision of Lots Nos. 1 and 2, Block No. ~, Alabama Addition to the tovm of Plainview, Male County, Texas, as shovm by map and plat of said Addition recorded in the Deed ~e.cords of Hale County, Texas, and on file with the City Clerk of the Oity of Ptainview, Texas: WHEREAS, the City Council, upon~a consideration of said petition, has found and determined that a ~ajority of the resident, qualified taxpaM: residing ~n said area have signed said petition; and WHEREAS, the City Council finds tha~' all of Said area is contiguous to the present city limits of the City of Plainview, and that ~ is desirable, expedient and for the best interest of the res[~ets of said area and for the City of Plainwiew that s~i~ area be ann~×ed to the City of Plainview. N()~ THEREFORE~ BE IT ORDAINED BY THE CITY C~_~UNCZL OF T~?E CiTY OF PALiNVI~', TEE. SECTION i: it is found and determined by ~he City Council of the CitM of Plainview that the f~lio~ing described tract of land, to-wit: Titus and Pillow' Subdivision of Lots Nos. i and 2~ Block ~, Alabama Addition to the Town of Plainview, Hale County, Texas~ as shown by ma~ and ~lat of said Addition recorded in the Deed Records of Hale County, Texas, and on fiIe with the City Clerk of the City of Plainview, Texas, which ~SuSd~vision is located on the following described tract of land, to-wit: BEGINNENG-at the Southeast corner of Lot No.. i, Block ~o. ~, Alabama Addition to Piain¥iew, Texas; Thence North along the east line of said Block ~, .at 515 feet pass the Northeast corner o~ Lot No. 1, Block No. ~, at 630 feet pass the Northeast corner of Lot No. 2, Block No. ~, in all 667.5 feet to a point in the east line of Lot 3,qB!ock ~HENCE west 632.5 feet to a point in the ~est line of Lot 3, Block ~; THENGE South at 37.5 feet pass the nortwest corner of Lot No.2, Block No. ~, at 3~2.5 feet pass the 'Northwest co~ner of Lot No. 1, Block no. ~;in all 6~7.5 feet to the Southwest corner of Lot No. l, Block No.~; THENCE East along the' South line of Block ~, 632.5 feet to the ~lace of beginning; all of which land lies and is situated in Hale County, Texas; and is contiguous to the City Limits of the CitM of Piainview, Tex. SECTION 2: It is found and determined that a majority of the qualified taxpaying voters residing in the a~ove descri§ed area have duly signed a petition, on file with the City Clerk, ~etition- ing the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of Piainview, Texas, and that said petition Ls in all resp~Sts regular and in compliance with Section ~ of the City Cha~ter of the ~ity of~ Pl~inview. SECTION 3: It is found, determined and ordered by th~ City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incoroorated into and made a tart of the City limi'~ of the Ciyt of Plainview. SECTION ~: It is further determined and ordered by the City Council that the above described area from and after the effective date of this ordinance be subject to the control and jurisdiction of the City of Plainview and subject to taxes and other assessments which may be levied by law from and ~£ter January 1, 1959. ~aooss,°~'-~'w~' APRROVED AND ~_~aen~?Pn this the 5th day of_ Januarys_ 1959_ · }~. B. Hood B. Hood, }~ayor, City of P!ainview, Texas P. H._~an P. H. Bryan, City Clerk, City of Plainview, Texas ISeat) COUNTY OF HA~E ~ ROBIN BAKER CO~TRa~T January 19, 1959 This contract and agreement is make and entered into by and between .ROBIN BAKER, of Hale County~ Texas, hereinafter referred to as ~Land O~mer~? and the CITY--OF P~AI~VIEW, TEXAS, aamunicipal corooration, actl. ng herein by and through its Hayor hereunto duly authorized, and hereinafter ~eferred to as ~City~, and is as follows: }A~E~EAS, Land Ovmer is the o~ner of Lots !, 2, and 3, of Block Original Tov~ of Plain~iew, Hale County, Texas, and all of Block 51, Original To~ of Plainview, Hale County, Texas; and, WHEREAS, the original channel of Running Water Draw, which is a natural drainage for a ~ortion of the City, runs diagonaliM across said tract of land; and WHerEAS, Land Owner desires to change the course of said channel across his said property; and WHEREAS, in order to do so~ by the manner and method he desires, it will be necessary for the City to D!ace additional culverts and waterways acmoss two of its streets; and WHEREAS, Land Owner and City have heretofore entered into a contract by which the said Land Owner gave the City an easement on and across his said property, which easement is dated the 15th of September, 195~ and recorded in Volume 327, page 576, Deed Records, Hale County, Texas; and ~R~A~,~ '~'~ it is desired by the said City and Land O~.~er to place and put the channel at a different location and to accompZi~ that el~d, Land Ovmer will grant and give to the City a Right of way easement on the same form and for the same purposes, except that said new easement5 will cover the sai~ two tracts hereinafter described. The City will accept the easement on and over the said tracts of Land herein described, in lieu of the easement recorded in Volume 327, page 576, Deed Records of Hale County, Texas, which said easement so recorded, to which refe~?- ence is here made, will be released and relinquished by the City to said Land Owner. NOW THEREFORE, it is agreed between Land Owner and the City that the said Land Owner will, at his ovr~ expense, dredge a channel for the purpose of draining and carrying the water running along and through Running Water Draw, on the followins described tracts of land lying and being situated in the To}~m of Plainview, in Hale County, Te~as~ and described by metes and bounds as follows: FIRST TRACT: A tract of land out of Biook 51, Original Tovm of P!ainview, Hale County, Texas described as follows: BEGINNING ay the Nortwest corner of Lot 16, Block 51, OrigS~nal ~to~.w~.~ of Ptainview; HENCE Ea...~t 51.g feet along the North line of Lot 16, Block 51, to a eoint; THENCE Southeasterly383.5 feet across Lots t6,15~1g,i3,12,11,10, and 9, Block 51, to a eoint in the East!ine of said Lot 9 whic~ is 23.1 feet south of its Northeast corner; THENCg South 26.9 feet along the East line of said Lot 9 to its 8outh East corner; THENCE West ~5 feet along the South line of said Lot 9 to a point; THENem Northwesterly ~11.~ feet across Lots 9 through !6~inclusive Block 51, to the Northwest corner of Lot 16 and the PLACE OF ' ~EGINNING. SECOND TRACT : A tract of land out of Block 50, Original Town of Plainview, H&le Cou~y~-~Texas., and d~scribed as follows; BEGINNING at the Northwest co,nor of 'Lot 1, Block 50, Original Town of Plainview; THENCE East 66.2 feet along the North line .of said Lot ! to a point; THENCE Southeasterly 66.2 feet across Lot 1 to a point in the North line of Lot 2, Block ~; ~ ~'~ THENCE East 30.5 feet along the 2[ort~ l~ne of said Lot 2 to its Northeast corner~ THENCm South 50 feet along the East line of said Lot 2 to its Southeast Corner; THENCE West 53.3 feet aion~ the South line of said Lot 2 to anoint; THENCE Northwesterly 132.~ feet across Lots 2 and 1 of ~ Block 50 to the Northwest corner of said Lot 1 and the PLACE OF BEGINNING. It is further agreed that the Land O?~er will dig and ~redge said channel on S&id tracts of land above described in accordance wi~h t.he grades and cross-sections furnished' by the City Engineer of the said City of P.lainview, which grades and cross-sections are attached hereto and made a eart hereof for all purposes. The City will, at its expense, imgtall culverts across 3rd Street and Denver Street, in accordance with said plans attached hereto. And in consideration of the mutual obligations of the parties hereto, and of the mutual benefits and of the sum of TEN AND NO/LO0 IIOLLARS(~iO.-O0) the said Robin Baker will convey to the City of Piainview a right of way easement to all of those two tracts of land hereinabove described, granting and conveying to the City of Plainview said easemenv, on the form attached hereto, for the purpose of constructing and maintaining the said grainage, together with the right of ingress and egress for the ouroose of maintaining said Channel. However, it is understood that the City shall not be liable to the said Robin Baker for damages in any particular arising out of any over21ow or in any other manner pertainin~ vo the' mai-~tainance of said channel. And in consideration of the agreement herein contained, the City will release and relinquish and reconvey the said easemenv~ herein above referred to as being recorded in ¥olumee327, Pag~ Deed Records of- Hale County, Texas, to said Land The Land Ov~er will have the right ~e use the dirt removed from said channel by him for the purpose of filling his property adjacent to seid channel. The City will not be resnonsib!e for damages ¢.r for suits or other actions, which might or could"be brought a- gainst Land Owner by any party not a party to this contract. Land {~ner will commence said work of digging said channel within fifteen (15) dams from .the date of this contract, and agrees to complete same within Sixty (60) days frmm the date he com_mences work. ~oo THE HAND of the ~aPties hereto, this the i9t~ h day of January., ^. D. 1959. ~obin Baker ROBIN BAK~ First Party TH~ CiTY OF ~_~N~±~, .TEXAS A municioa! cor'ooration BY M.B. Hood Mayor Authorized by Council Dec. 15, 1958. o PATs OF TEXAS ~,OUN_,Y OF HALE BEFORE }dE, the undersigned authority, on this day ~ersonally appeared ROBIN BAKER, known to me to be the ~erson whose name is sub- scribed to the foregoing insturment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ~,o~.~?~ UNDER FiY HAND ANDbaa~'~"'~ OF OFFICE, this 19th day of Jan- uary, A. D. 1959. Joan Borchardt NOTARY PUBLIC, Hale County, Tex. STATE OF TE'(',S~ COUN!i~Y OF BEFORE ME, the undersigned authority, on this day personally appeared M. B. Hood, Mayor of the City of Plainview, Texas, knovm to me to be the person and officer whose name ms subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the cap- acity therein staved and as the act and deed of said corporation. GIVENu,_,~.~U'{~E~ NY HAND AND S~AL OF OF~ICs, January g..D. 1959. this 20th day of m. Cr. oss NOTARY PUBLIC, Ha~e County, Texas ORDINANCE NO. 703 AN ORDINANCE CLOSING THE ALLEY R~ING NORTH AND SOUTH THROUGH BLOCK THIRTY-FIVE (35) OF THE ORIGINAL TOWN OF PLAINVIEW, HALE COUNTY, TEXAS. WHEREAS, James H. Milam as Trustee, and the South- side ~Assembly of God Church, acting b~ and throug~m~_!ts duly authorized trustees, have by~ petition and waiver requested the City Council to close and abandon the alley running North and South through ~Block 35, Orig~nal ~Town of Plainview, Hale County,~ Texas;. and WrHEREAS, the said James H. Milam, Trustee, and the SoutHside Assembly of God Church are the owners of all of the land lying.and being situated in Block 3~5., Original Town of Plainview, Hale County., Texas; and WHEREAS, after considering said petition the City -Council of the City of Plainview is of the opion that it is in the public interest to close said alley, and 'that the'facts and circumstances stated in said petition are true and correct; NOW THEREFORE: BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF PLA INVIEW: SECTION-ONE. That the alley running North and South thrgug~ BloCk ~.~ of the Original Town of Plainview, Hale Couhty~ Texas, be and the same is hereby closed. ~CTiON ~0,~ ..The C.it~,Council find~ that it is in the 'best' interes~0f~"the~ ~Ublic to close the alley running North and South through Block 35.0f the Original Town of Plainview, Hale County,~ Texas. SECTION THREE. That the said.alley above described in SEC'~ON ONE shal~[~:ho longer be used as a public thoroughfare or as an open all~y .or ~street and Shall longer be designated as an alle.y.~.~ and the owners of the property~ contiguens to sai~d alley described in SECTION ONE of this Ordinance may take possession thereof and make use of same in accordance with the laws of the State of Texas. PASSED, APPROVED AND ADOPTED, This the 16th day ~f Februapy, 1959. M. B. Hood M. B, uH'O0~)', Mayor City of Plainview, Texas ATTEST: ORDINANCE NO. 704 -. AN ORDINANCE ANNEXING AND INCORPORATING iNTO THE CITY LIMITS OF THE CITY OF PLAINVIEW,~ TEXAS, AN AREA ~_DJACENT THERETO AND FINDING AND DETEPuMINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RH;SIDENT, QUALIFIED TAXPAYiNG VO~ERS WITHIN SUCH AREA HAVE FInD WITH THE CiTY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND i~KING SAiD AREA SUBJECT TO TP~ JURISDICTION OF THE CITY OF PLAINVIEW, TE~S. WHEREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas petitioninE~ ~the. Oity Council ofthe City of Plainview to annex and admit the following described area and territory into the City~ of Plainview, Texas, to-wit: All of Brock Addition Unit No. 2, an a~dition - to the Town of Plainview, Hale County,~ Texas, shown by map and plat of same recorded in the Deed Records of Hale Oounty~, Texas, and on file with the City Planning Commission of the City of Plainview, Texas, and on file with the City Clerk of the City of Plainview, Texas; and WHE~REAS, the City Council upon a cOnsideration of~s~id! petition, has found and determined that a majority of the resident qualified taxpaying voters res~ing'in said area have signed said petition; and- WHEREAS, the City Council finds that all of said Area is contiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainvie~ that said area be annexed to the City of Plainview; NOW THEREFORE BE IT ORDAINED BY THE CITY CO~CIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: It is found and determined by the City~ Coun- cil that the following described tract of land, to-wit: All of Brock Addition Unit No. 2 as shown by map and plat of said subdivision recorded in the 'Deed Records of Hale Oounty,~ Texas, and which subdivision is located on the following described tract of land, to-wit: BEGINNING at a pSint 450.06 feet North and 195 feet West of the S. E..co2ner of Section 27, Block JK 2, Hale County, Texas; TP~ENCE North, at 75 feet pass a 2" pipe set in concrete at the S. E. Corne~ of Lot ll, Block 4, this addition, in all 153~ feet to a 2" pipe in concrete at the S. E. Corner of Lot ll, Block 6, this addition; THENCEEast 195 feet; THENCE North 710.9 feet; THENCE West 905.0 feet; THENCE South 2307.~ feet; THENCE East 420,7 feet; THENCE Northeasterly 68.7 feet; aro~nd a curve to the left and having ~ ~adiUs of 175 feet and a central angle of 22*30'; THENCE N. 67*30' E. 25.2 feet; THENCE N~rtheasterly 204.2 feet along, a aurve to the rzght and having a radius of ~20 feet, and a central angle of 22*30' TO PLACE OF BEGINNING: and all of which land lying and being situated in Hale County, Texas and is c~ontig~ous to the City Lin±ts of the City of Plainview, Texas. SECTION 2. It is found and determined that a maj~ority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning ~the City Council to admit, incorporate and annex the above described area into the .corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Section 4 of the City Charter of the City of ?lainview. sEcTION 3- It is found, determined and Ordered by the City Council of the City of ?lainview, Texas, tha$ said peti- tion ~in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City~'Limits of the City of Plainview. SECTION ~. It is further determined and ordered by the City Council that the above described area from and after the effective date of this ordinance be subject ~ the control and jurisdictien of the City of Plainview and subject to taxes and o.ther assessments Which may be levied by law from and~ after January l, 1959' PASSED, APPROVED AND ADOPTED, This 2nd day ~f March, 1959. ATTEST: - B. H~ Bryan PAUL BRYAN' ~ity'Clerk ~City of Plainview, Texas M. B. HOod M. B. HOOD,-Mayor Cit of Plainview, ' T~as 'Moved by Alderman Irby seconded by Alderman Cline, that the petition be granted and Ordinance No. 704 be passed bringing Brock Addition Unit No. 2 into the City. Moved by Alderman Irby seconded by Alderman Ward , that Ordinance ~No. 705 .be passed, closing alley in Block 3 Brock Addition. ORDINANCE NO~.~ AN ORDINANCE CLOSING THE _&LLEY RUNNING ALONG THE SOUTHWEST BOUND- ARY LINE OF LOT NO. 5, BLOCK 3, BROCK SUBDIVISION OF BLOCK 38 AND PART OF BLOCK 3.?, NEST BOS%~ELL HEIGHTS ADDITION, PLAINVIEW, TEXAS, AS SHOWN BY PLAT OF RECORD IN VOLUME 295, PAGE 471, 472, DEED RECORDS OF P3~LE COUNTY, TEXAS WHEREAS, Les Brock and wife, Verna Brock, and Rex Ramsower are the ownemrs of all of the property ly. ing on both sides of the alley running along the running alone the Southwest Boundary line of Lot 5, Block 3,. of BrOck Subdivision of Block 38 and part of Block ~7, West Boswell Heights Addition, Plainview,~ Texas, and WHEREAS, they have petitioned the City Council to close the alley as it now exists and to prove a rearranging of the said alley running along the Southwest part Of said Lot in accor- dance with the plat attached hereto, and W~REAS, after considering, said petition,~ the City Council ~is of the opinion that said rearranging is in the public interest, Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~: ~ SECTION l: That the alley running along the Southwest boundary line of Lot 5, Block 3, Brock Subdivision of Block 3.8 and-part of BlOck 37, West Boswell Heights Addition, .Plainview, Texas, be and the same is hereby closed. SECT~ION 2: The City Council finds that it is in the best interest off'the public to close the said alley hereinabov, e referred to' in Section 1. SECTION 3: That the said alley above described and referred to in Section I hereof shall no longer be used as a public throughfar.e and shall no lor~r be designated as a alley and is hereby closed. The owners of the property contigu6~s to said alley described in Section I of this ordinance may take possession thereof.and make use of same in accordance with the laws of the State -of Texas. SECTION 4: The City Council hereby accepts the dedication ofhthe new ~lley as shown by the plat attached hereto an~ referred to as '"ReviSed Lot 5 of Block 3, Brock Subdivision of Block 38 'and part of 37, Boswell Heights Addition, Plainview, Texas PASSED, APPROVED AND ADOPTHiD This 2nd dgy of March, 19~9. Moved by Alderman Ward seconded by Alderman Cline, that Ordinance No 706 be passed. (Airport Tower) The motion Carried. ORDINANCE NO. ~_706 WHEREAS, the City of Plainview, acting in conJuct~on with Hale County, has mad~ Commit~me~ts with the Federal 'Aviation Agency for the construction of a control tower at the Hale County ~Airport at an estimate of an overall cost of Seventy ThOusand and nO%100 Dollars ($70,000~00); and WHEREAS, the Federal Aviation Agency has heretofore appro- priated and allocated money for the purpose of paying one-half of such cost, provided and conditioned that the City of Pla~nview and Hale County, the owners of said Hale County Airport, will PrO- vide the other one-half of such cost; and ~HEREAS, Hale County the co-owner of said Hale CoUnty AirpOrt, has accepted the offer made by the Federal Aviation Agency and has appropriated and allocated sufficient funds to~.pay its share of such cost, in the sum.of Seventeen Thousand, Five Hundred andno/ 100 Dollars ($17,500.00),~and WHEREAS, it becomes~ necessary, exped~ient and advisable, if said control tower is constructed, for the City of Pia~.nv~ew to ac- cept such offer and' to appropriate and allocate sufficient' funds to pay its.~ portion of such costs; that is, Seventeen Thousand Five Hundred .and no/100 Dollars ($17,~0.00); and WHEREAS, due to Unusually-large claims and accounts hereto'- fore approved against the general funds of the City 'of' Plainview, it appears that there is not a sufficient balance in the general funds to pay such cost; and WHEREAS, other and additional claims will be incurred and will be due and payable in the orderly administration of the City's affairs; and WHEREAS, it appears that the general funds will be wholly inadequate to meet and pay the' City's portion and cost.of such pro- ject; and WHERF~S, it appears, advisable and expedient that time' war- rants be issued, 'payable serially over a period of not to exceed. five years, be issued and payable out of the general funds for the purpose of paying for the cost of such project. NON, THEREFORE, BE IT 0RGAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That the offer made by the Federal Aviation Ag- ency of the United States Government to pay one-half of the cost of the construction of a control tower at the Hale County Airport .be ac- cepted and that the city of Plainview pay its one-fourth of such cPst. SECTION 2: It is found and determined by the City Council that the cost of the constructiom of said control tower is Seventy Thousand and no/100'Dollars ($70,000.00); and~that Hale County, the co-owmer of the Hale County Airport, has accepted such offer and has appropri- ated sufficient funds to pay its portion of the cost; that is, Seven- teen Thousand, Five Hundred and no/100 Dollars ($17,500.00); and that the City of Plainview, s portion~'-of the cost of the construction of said control tower is Seventeen Thousand, Five. Hundred and no/100 Dol- lars (17,500.00). SECTION 3: The City Council finds and determines that said cost should be paid out of the general funds of the City of Plainview, and that the general funds are wholly inadequate at this .time to bear such cost; and that it is expedient and advisabIe' that'ti~e warrants be issued, payable serially over a period of~fi~e years andfinall¥ maturing December 15, 1964; and to bear interest at. four per cent, payable annually. SECTION 4: That said warrants be numbered from t to 10, in~ elusive and.each be for the sum of~OneThousand, Seven Hundred Fifty. and no/100 Dollars ($1,750.00) and Warrants l, 3, 5, ? and 9 are to. be payable to the City National Bank of Plainview, Texas and Warrants 2, 4, 6, 5 and l0 are to be payable to Hale County State Bank, Plainview, Texas; said warrants to be dated May l, 1959 and Warrants I and 2 ma- turing December 15, 1960; Warrants 3 and 4 maturing December 15, l?61; Warrants 5 and 6 maturing December 15, 1962; Warrants ? and 6 matur- ing. December 15, 1963 and Warrants 9 and l0 maturing December 15, 1964; and.pa~ble out of the revenue of the general funds of the City of Plainview, and that the for~ of said warrants should be as follows; to-wit: City of Plainview Warrants May 1, 1959 STATE.OF TEXAS TO: The City Treasurer of the City of PlainView: On December 15, 19_..,pay to the order of BANK, PLAINVIEW, TEXAS, the'sum of One Thousand, Seven Hundr~d'Fift~ and n0~100 Dollars ($1,750.q0), with interest therennffrom date at ~bhe ~ate of. four per cent (4%) annum, per the interest oayable annually to ~e paid oUt'of the general fund, being duly authorized by Ordinance No. of the City of Plainview, entered and passed May 4, 1759; ~the City Council~ by its proper order, having duly and legally levied and assessed a tax for 1959, sufficient in amount for the purpose of paying off and discharging the principal and interest of this war~ ran~nd levying such tax sufficient in amount for the 'purpose of paying off'a~d discharging the principal and interest of this warrant annUally thereafter. The full faith and credit of the City of Plalnview, Texas 'i~ pledged for the payment hereof, both principal and interest accord- ing to the reading and ef2ect hereof. IN TEST!MONY~rtEREOF, witness the name of City of Plainview, by its Mayor and duly attested by the City Clerk bnder seal of the City the day and year-above .written. CITY OF PLAINVIEW ATTEST: SECTIoN'5: That a tax levy for the year 1959 of one cent on the one, hundred dollar valuation of the taxable property in the City of Plainview is hereby levied for the purpose of creating a fund to pay off and discharge the principal and interest of said war- rants and that a tax levy is hereby made for each and every year hereafter, in sufficient sums to pay off and discharge said warrants should any of them remain unpaid at maturity. SECTION 6: It is the order of the City Council that each of said warrants shall be signed bN the Mayor for and on behald of the City of Plainview and duly attested b? the City Clerk of the City -of PSainview, under its seal. SECTION ?: It is als0 ordered by the City Council that a legaln0~iCe be given andpublished in the manner and for the length of time reG~ired b.y laM., to be signed by the Mayor, of the City's in-. tention to meet on May 4, t9~? at its regular meeting time and place for the.ptL~pose of. issuing such Warrants. PASSED',ARPROVED AN.D ADOPTED this 2?th day of March, A.D. 1959. + ._. ' ' ' .... ATTEST: ~ ORDINANCE -NO 707 AN ~RDINANCE/~LPR0~IDING THAT THE CTTT TRAFFIC ~G!NEER SH~L DESIGNATE SAFETY ZONES AND LOADING ZONES FOR FREIGHT AND PASSENGERS, AND PROVIDING THAT PERMITS FOR CURB AND RE!GHT LOADING ZONES ARE NOT TO BE ISSUED UPON THE SPECIAL REQUEST OF ANY PERSON, EXCEPT UPON SUCH PERSON'S APPLICATION FRO A PE~IT, REGULA~TING THE ISSUANCE OF SUCH PERMITS, AND REGUL~TING THE STOPPING, STANDING OR PARKING OF VF~i_ICLES IN CERTAIN ZONES AND PROHIBITING SUCH STOPPING, STANDING OR PARKING OF VEHICLES IN SUCH ZONES, EXCEPT DURING CERTAIN HOURS AND UNDER CERTAIN CONDITIONS, AND REGULATING THE STOP- PING, STANDING OR PARKING OF BUSSESSANDDTAEiCABS, DEFINING TERMS ~¢ND PROVIDING A P~ALTY FOR V!0LAT~ON OF ANY PROVISION OF THIS ORDINANCE. SECTION 1. Definition of Words and Phrases. The following words and phrases when used in this Ordinance shall for the purpose, of this Ordinance have the meanings ascribed to them in this Ordinance. (a) Safety Zone. The area or space officially set ap~rt within a roadway for the exclusive use of pedes- trians and which is protected or is so marked or indicated by adequate s~gns as to be plainly visible at all ti~es white set apart as a safety zone. (b) Curb Loading Zone. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading .of passengers or materials. (c) Passenger Curb LQading Zone. A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (d) Freight Curb Loading Zone. A plaCB adjacent to a curb for the exclusive use of vehicles durmng the loa~ing or unloading of freight (or ~assengers). SECTION II. City Traffic ~ineerw to Designate Curb Loading Zones. ~h'e'~'City Traffi.c W~ug~.neer is here- by auth~rfzed to d~ete~mine the location of safety zones, curb loading zones, passenger curb loading zones, and freight curb loading zones, and shall place and maintain- appropriate signs indicating the same and stattn~v the ' t~lS section are hours dur~_~ng which the provisions of applicable. SECTION III. Permits for Curb Load~n~ Zones The City Traffic F~gineer S~all'n'o't he~eafter'~'des~gnate or assign any zone as curb loading zone or as a freight curb loading zone upon special reouest of any person unless such person makes application for a p~rmit for such zone and for two signs to indicate theends of each such sore. The City Traf_.~c Engineer, when grauting a permit aud issuing such signs, shall take fromthe appli- cant or applicants for such load.~ng zone, an apolicat~on giving such information~as may be necessary to determine the need for such permit ~d the applicant shall be re- quired to agree in wr!,ting to abide by the terms and ~rovisions of this Ord-!nance. Every such permit shall expire at the end of one(l) year unless renewed on ap?li- cationof an applics_nt therefor. (b) Nothing in this O~dinance shall be construed as giving the person who makes application for ~a loading zone of any kind as having any mor~ rights or privileges for the use of such zone than'has .the general public or any other person; nor shall .the person or persons ~wning the property, building, or business ~n front Of which a loading zone is lOcated, have any more rights or privileges in the ~Ise of such loading zone than the genaA~al Publib. The use of such loading zone by all persons shall be in accordance with the provisions of this Ord,~,nance. SECTION IV. in er Zomes: No person p, , or a ~or any purpose or period Of time~othe~thAnfo'r~th~~' expeditious loading Or unloading of p~s~eng~s'i~ ~y p~ace marked as a"pasSeng~r'6~rb loading Zon~ d~n~~' hours when the regulations applicable to such loading AFFIDAVIT OF PUBLISHER THE $2~ATE OF TEXAS, County of Hale. Before me, the undersigned authority, on th~ay~? r son ally/a~pe ar e d He~d, a news~ap~ of geae~ c~c~tion published in Plain~ew, ~e Cou~y; said ~e~aper has been conI~o~sly ~d red- .fly pub~ed in s~d ~ty fo~ a pe~od ~ more. ~an one y~; ~ho o~ ~th d~pose6 ~n~ys ~at a co~y of ~e within .................... ~~of ............................................................. ~ ............................ was publi%hed once ~ in the Plainview ..../~.~...i../~.~.F. issues o~ f .......... ~. -~--~.~ ./........./..'..~:...~..... ~./...~... .......................................................................... , 19~....~..'- and the attached dipping is_.a true copy of said publication. Tex ......... Sworn to and subscribed before me, tffis .............. ...~....i ................. d~y ...... ~.~.<.'.~...~~~ ................... lq'otar7 Yublie, Hale County, Texas. Publisher's Fee $ ....................... zones are effective, aud then only for a period not to exceed 3 minutes. · SEOTION V. ~ St.a~din6 in Freight Curb~ Loading Zones. (a) No person shall stop, stand, or park a vehicle for any purpose or length or'time other than for the expedi- tious unloadihg and delivery or pick-up and loading of materials in any place ~arked as a freight curb loading zone during the hours whentheprovisions applicable to such zones are in.effect. In no case shall the Stop for loading and unloading of materials exceed 30 minutes. (b) The driver of a passenger vehicle may stop temporarily at a place mar~ed as a freight curb loadin~ zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any motor vehicle used for the trans- pr0tation of materials wh~ch is waiting to enter or about to enter such zone. SECTION VS. City T.raffic Enginee~ to Designate ~ublic Ca,tier StoPS~.'snd Stands, The City Traffic ~..~g~.ne'er is hetty aUthordzed and required to establish ~bus sto~s, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such public streets in such places and in Such number as he shall determineto be of the greatest benefit and conven- ience to thepUblic, and every such bus stop, bus stand, taxicab stand, or oth'er stand sh~ll~be designated by appropriate~signs. SECTION VII. Stopping, Standing and Parkin8 of Busses and Taxic~bs~gula~e~d- (a) ~ The operator of a ~us shalInot sta~ or park such vehicle upo~ any street at any place other than at a bus st~ud so desig- nated as provided herein. (b) The operator of a bus shall not stop such vehi- cle upon any street attany place for the purpose of loading or unloading-passengers or their baggage other than at a bus stop, bus stand, or passenger loading zone so designated as provided herin, except in case of an emergency. (c) The operator of a bus shall enter a 'bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus when stopped to load or unlo~ad passengers or baggage shall be in a position with the right front~wheel of such vehicle not farther than 18 inches from the curb and the bus approxmately~parallel to the curb, so as not to unduly impede the movement of other vehicular traffic. -(d) The operator of a taxicab shallnot stand or park such Mehicle upon any street at any place other than in a taxicab stand so designated as provided here- in. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the pur- pose of and while actually engaged in the expeditious loading or unloading of passengers. SECTION VIII, Restricted Use of Bus and Taxicab Stands. No person shall stop, stand, or park a ve~i- cle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and whi~e actually engaged in loading or uuloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or abou~ to enter such zone. SECTION LX. Any person ~ho shall violate or fail to comply with any~part of the provisions of this Ordinance shall be deemed guilty of a misdemeanor aud upon conviction thereof shall be punished by a fine of not less than $1.00 and not ~ore than $200.00. SECTION X. All Ordinances and parts of Ordinances in conflict with this Ordinance or any section o~ part hereof is hereby repealed. PASSED This 6th day of April, A.D.1959. APPROVED This 6th day of .April, A. D.1959. M. B. Hood M.~ B. 'H~D, . MaYor' City of Plainview, Texas ATTEST: ~ p. H. Bryan P. H. BRYAN, ~City Clerk City of Plainview, Texas Moved by Alderman Taylor seconded by Alderman Irby, that Ordinance No # 707, Safety. and Loading Zones be passed. The ,mdtion carried. ~eve~l .~,'b~ ~rm~an ~l!n~e~ .... a~- ~O~ed.~ b:F. '< A~%~ ~ Wa~.~.., t~&%-.N~' .... ~ e~~J~0~t~i e.~ ~d~: ORDINANCE NO 708 AN 0RDi. NANCE PROHIBITING THE PARKING OB STANDING 0F VEHICLES ON EITHER THE NORTH OR THE SOUTH BIDE OF THAT PORTION OF ~ST SEVENTH STREET IN THE. CITY OF PLAINVIEW, TEXAS', EXTENDING FROM JOLIET STREET WEST TO KOKOMO STREET: AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~, TE~S: SECTION I: No person shall stand or park a vehicle upon either the North or the South side of West Seventh Street of the City of Pla!nview, Texas, extending from the intersection of Joliet and West Seventh StPeets to the intersection of Kokomo and West Seventh Streets. SECTION 2. Any person who whail violate the provisions of Section i of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of n~t less than $1.00 and not more than $200.00. PASSED this the 6th day of April, A.D.' 1959. APPROVED this the 6th day of April', A. D. 1959 ATTEST: M. B. Hood MjB. HOOD, Mayor, City of Plainview, Texas P. H. Bryan 'PAUL BRYAN, Czty Clerk City of Ptainview, Texas APPROVED~ JOE SH~RP~ Ktto~ney City of Pla~n~ew, ·Texas AFFIDAVIT OF PUBLISHER TH,tE STATE OF TEXAS, Cpunty of Hale. Before me, the un~rsigned authority, on th~ ~nally~ared~'~/~ ~ ~. ..... ~ .......... ~.~-......~~ .............. , knmvn to me to be the publisher/of the Plainview Herald, a newspaper-,~f ,g~neral circulation pt~blished in Plainview, ~I-Iale County; said ne%vspaper ~has been contir~uo%lsly la~d regu- larly ~published in said Co,unty fo~ a ,period of more ,than one year; who on o~th deposes and sa~ys lkat a copy of the~rithin .................... ..z.:.~./~ ........... ~...~.~. ........................ ~ ........................... was published once ~~-~n the ~'~a~,~e,~ ... ~...~:.:....~ .......... ~~.~. ............................. . ......... -. ~ ~ ,~,e~o, .... ~)p.,~..t.....Z..~ .......... ~..~-~... and the at~ched clipping is a ~e copy df said pub~cation~ ................... · .~~ ........ Sworn to anti sub~bed before me, this ..... ~.~ ...... ~ o~ ...~~ ....... ~ot~7 Public, ~alo ~untT, Publisher'~ ~ee $ ........................ AFFIDAVIT OF PUBLISHER TILE, ~AT~ OF TEXAS, County of Hale. Before me, the undersigned authority, on this ~.~l~y ~'sona.llT~ppeared .................... , ~o be the publi~er of the Plainview ~erald, a newspap~ of gemeral c~c~tion pub~shed in ~a~view, ~e ~uniy; said n~spape{ has been ~ntiauo~sly a~d regu- larly pub~ed in said C~ty fo~ a p~od ~ more ~am one year; w,ho ~ oa~ de~se~ and g~s ~t a copy o{ ~e, ~ithin .................... ...~. ...... f .............................. ~ ...... ~. ........ ~.~.~.~.~.~ ............... Z....f. ~ ............................. was publisI~ed once ~ in~ t~ez/..P.,lai~yiew ....~......~..../...~....~. ..... /..~ .~......~.....;....~ ................... ~ ~ , ~ ~'~"~;'"~'~'~'~;~"'~ii~i~"i;"Z";~;~ ~0~'~ .............. Sworn ,t~ and subs~ed before me, ~i~ ...~y:.~:~ ..... ~ o~.~ ................. ...................... ~....~.~.~...~~% ~o~a~ Public, ~ale CourT, Texas. ~ Pub~sher's Fee $ ....................... Meved i bY: Aider~ua~ ~ Taylor- se conded- by Alderma~ .Wa~d, -that. cha~g~ the parking on NOrth S~de~ofi8th'~.S%reet from B~oadway ~t0~'Ash and north~side ?th street from Br0adway~to Ash, to be parallel. The motion carried. ORDINANCE NO_ 7.09 AN ORDINANCE PROVIDING THAT MOTOR VEHICLES SHALL BE PARKlanD PARALLEL TO TKE CURB ON THE NORTH BIDE OF EAST SEVENTH STREET IN THE 100 BLOCK OF SAID STREET BETk~EEN BROADWAY STREET AND ASH STREET, IN PLAINVIEW, HALE COLrNTY, TEXAS BE IT ORDAINED BY THE CITY COUNCIL OF TP~E~ CITY OF PLAtNVIEW: SECTION 1. The Provisions and laguage in Section 48, Article 2, chapter l$, of "The City Code of the City of Plainview, Texas, 1957" contained in Schedule 4 therof, which r~quires .:angle parking on the North Side of east seventh street in the 100 bldck of said street between Broadway Street and Ash Street in SECTION 2~ Any~person parking or standing a vehicle -~ ~* ~ *~ 100 b~ock of said AFFIDAVIT OF PUBLISI--II:R THE STAT]~ OF TEXAS, County of Hale. Before me, the ~ersigned authority, on ~h~a~rsonaI~eared :'c~ ............. ~.....f.,/--~'.~../ .................. , known ~o me to be the publish~ of the P/ainview Herald, a newspaper of general circulation published .in Plainview, I~ale County; said ne%vsp,ap.er ,has beer[ continuously ~d regu- larly ~pub}ishe~ in said County fo,r a period of .nl~ than one yesr; who on oath deposes and/~fs ~that a copy of ~:he ~v~.'thm .......... .............. ......... ~ ............................. was ~ub~ished/once ~ in the Plainview ..../..?'~..~..../...~.. d the attached clipping~i~ a true copy Hsher, Plainvie~v, Sworn ~oI a~d subscribed before-- "Wme,--~ ...... ..................... ....... ~.~..,:.~.>....~~ ........... ~o{a~ Public, ~ale ~tT, Texas. Publisher's, ~eo $ ........................ W9 ~ ~pt a miSdemeanot, aud upon co~viotion thereof, shall'~be punished by a fine of not less than $1,00, nor more than $200.00. pASSED, APPROVED, and ADOPTED, this 6th day of April, A.D. 1959. M.D. Hood 00o, Ci~ty of Plainview ATTEST: Paul Bry..an PA~L BRYAN, City Clerk City of Plainview Moved by Alderman Cl~h~7~e~6~d~'~.b~ Alderman Irby that Ordinance No. 707 ('Control Tower be passed) The motion carried. ORDINANCE NO. 711 ~ ?~ERE~S, the City of Plainview, action in conjunction with Hale County, has made committments with the Fereral Aviation Agency for the construction of a control tower at the Hale County Airport at an estimate of an overall cost of Seventy Thousand and no/lO0 Dollars ($~0,000.00); and WHEREAS, the Federal Aviation Agency has h~retofore appro- priated and allocate~ money for the purpose of payihE one-half of such cost, proVided and condition'ed that the City o~ Piainview and Hale County, the owners of said Hale County Airport, will provide ~he other one-half of such cost; and .... WHEREAS, Hale County, the co-owner of said Hale County Airport, has accepted the offer made by the Federal Aviation Agency and has appropriated and allocated sufficient funds to pay its share of such cost, in the sum of Seventeen Thousand, Eive Hundred and no,/ 100 Dollars ($17,500.00); and WHEREAS, it becomes necessary, expedient and advisable, if said control tower is constructed, for the City of Plainview to accept such offer and to appropriate and allocate sufficient funds to pay its portion of sUch costs; that is, Seventeen Thousand Five Hundred and no/lO0 Dollars ($17~500~O0); and k~EREAS, due~o unusually large claims and accounts hereto- fore approved against the general funds of the City of Plainview, it appears that there is not a sufficient balance inthe general funds to pay such cost; and WHEREAS, other and additional claims will be incurred and will be due and payable in the orderly administration of the City's affairs; and %~HEREAS, it appears tha~ the general funds will be wholly inadequate to meet and pay the City's portion and cost of such pro- ject; and WHEREAS, it appears advisable and expedient that time war- rants be issued, payable serially over a period of not to exceed five years, be issued and payable out of the general funds for the purpose of paying for the cost of such project. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That the offer made gy the Federal Aviation Agency of the United States Government to pay one-half of the cost of the construction of a control tower at the'Hale County Airport be accepted and that the City of Plainview pay its one-fourth of such cost. SECTION 2: It is found and determined by the City C~cil that the cost of the construction of said control tower is Seventy Thousand and n6/lO0 Dollars ($70,000.00); and that Hale County, the co-ov~er of the Hale County Airport, has accepted such ~£fer and has appropriated sufficient funds to pay its portion of the cost; that is, Seventeen Thousand, Five Hundred and no/lO0 Dollars ($17,5~0.00); and that the City of Plainview's portion of.the cost o~ th~iconstruction of said control tower is Seventee~ Thousand, Five Hundred and no/IO0 Dollars ($17,500.O0). SECTION 3: The. City Council finds and determines that said cost should be paid out of the general funds of the City of Plain- view, and that the general funds are wholly inadequate at this time to bear such cost; and that it is expedient and advisable that time warrants be issued, payable serially over a period of five years and finally maturing December 15, 1964; and to bear interest at four per cent, payable annually. SECTION 4: The City Council finds that legal notice has been given and published in the manner and for the length of time required by law of the City's intention to issue said warrants and that no ob- jections or protests have been made or filed with the City Council to the issuance of said warrant. SECTION 5: That said warrants be numbered from i to 10, in- clusive and each be for the sum of One Thousand , Seven Hundred Fifty and no/lO0 Dollars (i,750.00) and Warrants l, 3, 5, 7 and 9 are to be payable to the The City National Bank of Plainview, Texas and Warrants 2, 4, 6, 8 and 10 are to b~ payable to Hale County State Bank, Plainview, Texas; said warrants to be dated May 1, 1959 and Warrants 1 and 2 maturing December 15, 1960; I~arrants 3 and 4 matur- ing December 15, 1961; Warrants 5 and 6 maturing December 15, 1962; Warrants 7 and 8 maturing December 15, 1963 and Warrants 9 and 10 maturing December 15, 1964; and payable out of the revenue of the general funds of the City of Plainview; and 'that the form of said warrants should be as follows; to-wit: CITY OF PLAINVIEW WARRANTS NO. STATE OF TEXAS $1,750.00 TO: The City Treasurer of the City of Plainview: May 1, 1959 On December 15, 19__, pay to the order of BANK, PLAINVIEW, TEXAS, the sum of OneThousand, Seven Hundred Fifty and no/lO0 Dollars ($1,750.00), with interest thereon from d ate at the rate of four per cent (4%) per annum, the interest payable annually to be paid out of the general fund being duly authorized by Ordinance No. of the City of Plainview, enteredland passed May 4, 1959; t--~ity Council, by its proper order, having duly and legally levied and assessed a tax for 1959, sufficient in amount for the purpose of paying off and discharging the principal and interest of this warrant and levying such tax sufficient in amount for the purpose of p~aying off and discharging the principal and interest of this warrant annually thereafter. The full faith and credit of the City of Plainview, Texas, is pledged for the payment hereof, both principal and interest according to the reading and effect hereof. IN TESTIMONY WHEREOF, witness the name of City of Plainview, by its Mayor and duly attested by the City Clerk under seal of the City the day and year above written. CITY OF PLAINVIEW ATTEST' M. B. Hood City Clerk, City of Plainview SECTION 6: That a tax levy for the year 1959 of one cent on the one hundred dollar valuation of the taxable property in the City of Plainview is hereby levied for the purpose of creating a fund to pay off and discharge the principal and interest of said warrants and that a tax levy is hereby made for each and every year hereafter, in sufficient sums to pay off and discharge said warrants should any of them remain unpaid at maturity. SECTION 7: It is the order of the City Council that each of said warranvs shall be signed by the Mayor for and on behalf of the City of Plainview and duly attested by the City Clerk of the City of Plainview, under its seal. PASSED, APPROVED AND ADOPTED this 4th day of MaY, A. D~ 1959. ATTEST: M. B. Hood Mayor P. H. Bryan G~ity Clerk,'City of Plain+ie~~' Moved by Alderman Cline seconded by Alderman Taylor, that Ordinance No 712 be passed (Terry Addition Unit No. l) ORDINANCE NO. _ 712 AN ORDINANCE A~EXING ~D INCORPORATING !NT0 THF CITY LIMITS OF THE CITY OF PLA~NVIEW, TEXAS, AN AREA ADJAC~T THFRETO AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A~MAJ* ORITY OF THE RESIDENT, QUALIFIED TAXPAYING BOTERS WITHIN SUCH AREA~ HAVE FILED WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJE~CT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. ~. ~EREAS, a petition has been signed and f~led with the ~lerk of the City of Plainview, Texas, petitioning the City 'Council of the City of Plainview, to annex and admit the following ~escribed area and territory into the City of Plainview, Texas, to-wit: All of Terry Addition, Unit No. One, an 'maddition to the Town of Plainview, Hale County, Texas, shown by map and plat of same recorded in the Deed Records of. Hale. COunty, TexaS, and on'file with the~ City Planning Comm~iSsion Of the City of Pla hview, Texas, and on file with the City Clerk of the City of Plainview, Texas; and ~ ~ WHERE~S, the City Counc~l upon a consmderat~on of sa~d petition has f6und and dete'~ed~that a majority of the teen. dent qualified taxpaying voters residing in said area have signed said petition; and WHEREAS', the City CoUnCil finds that all of said area is contiguous tO~th~ present City-Limits Of the City of Pla~nview, and that it is desirable, expendient and'for the best interest ~or the residents of said area and for~the City of Plainview that said area be annexed to the City of Pla~nvlew; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY_. OF PLATNVrEW,T~XAS. SECTION 1: It is found'and determ~ned by the City Council that the following described tract of land, to-Wit: All of Te~ry Addition, Unit No. One, as shown by map and plat of said subdivision recorded in the DeedRecords of Hale County, Texas, and which sub- division is located on the following described tract of laud, to-wit: BEGINNING at a point 170 feet East of the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 34, Block JK-2, G.C. & S.F. Ry Co. Survey, Hale County, Texas; THENCE NOrt 0~.01,East, at 72.~ feet pasa a two inch pipe set in concrete for a control monument-in the North line of a 7~ foot street in the Temry AdditiOn, Unit No. One, con- tinuing in all ~86.~ feet to a point; THENCE North 69~32.8' East.238.94 feet to a point; THENCE East 926.14 feet t° a point for the Northeast corner of sa~d Terry Addition, Unit No. One; THENCE South~O~.O1' West, at 497.~ feet' pass a two inch pipe set in concrete at the Southeast corner of Block No. one, Terry Addition, Unit No. One and in the North line of a 7~ foot street for a control monument for said Addition continuing in all ~70 feet to a point in the South l~ne of the Southwest Quarter of the Northwest Quarter of Section 3~; THENCE West along said South line, at ~03 feet oass a point which bears North 2.~ feet from a two inch pipe~set in - concrete for the Northwest c~Eaer of Bloc~ No. One, Cain SubdiviSion of Block 28 and the West-197.5 feet of Block 27, West Boswell Heights Addition, Plainview, Texas, con- tinuing in all llS0 feet to the place of beginning and containing 14,83 acres of land, more or less; and all of which .land lying and being situated in Hale Count~, Texas and is contiguous to the City Limits Of the City of Pla'Inview, Texas. SECTION 2, It is found and determined that a majority of the qualified taxpaying ~oters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit,' incorporate and annex the above described area into the corporate limits of the City of'Plainview, Texas, and that said petition is in all respects regular and in compliance with Section 4 of the Cit~~ Charter of the City of Plainview. SECTION 3: It is found, determined and ordered by the City Coun~cil of the City of Plainview, Texas, that said petition in all things.be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Pla~nview. SECTION ~: It is further determined and ordered by.the City Council that the above described area from and after the effective dabe of the ordinance be subject to the control and jurisdiction of the City of~ Pla~nview ~d subject to taxes and other assessments which may be levied by law from aud after the enactment of this ordinance. PASSED~. APPROV~D ~ND ADOPTED, this 18th day of May, 1959. ATTEST: M. B. Hood M. B. HOOD, Mayor City of Plainv~ew, Texas P. H. Bryan P. H. BRYAN, C~t~ Cle'rk City of Plainview, Texas Moved by Alderman Stapleton Seconded bv Alderman Irby, that Ordinance No 713 (speed rates On 5th street) be Passed. The motion carried. ORDINANCE NO. ?la AN 0RDIN_~NCE FIXING AND PRESCRIBING SPEED LIMITS ON FIFTH STREET IN THE CITY OF PLAINVIEW, AND AM~END!NG SUB*SECTION (5) OF SECTION 75, ARTICLE I~LL OF CHAPTER 14 OF "THE CODE OF THE CITY OF PALINVIEW, TEX~S, 1957,''~ ~ND PRESCRIBING A P~ALTY FOR THE VIOLATION OF T~IS ORDINANCE. WHEREAS, it has been determi~?d upon the basis of an engineering and traffic inVestigation that the maximum reason- able'and safe speed for the operation of vehicles Upon Fifth Street in the City of Plainview is ~s prescribed by the pro- visiOns of the Ordinance hereinafter enacted, and uoon ~the basis of an engineering and traffic ~.nvestigation, the City Council finds that on Fifth Street a greater speed than 30 miles per hour is saf~ and reasonable on portions of said street within the City Limits of the C~ty; NOW, THEREFORE BE IT ORDAINED BY THE~'CTTY~COUNCIL OF THE CITY OF PLAINV!EW: S~ction l: Sub,section (5) of Section 75, Article lll, Chapter 14 ~f'-"~The'~Code of~th~'City"of Plainview, Texas, 19~7", is hereby amended~to read as follows: (5)~a. "Any person operating a motor v~hicle which is self-proPelled S~alI be permitted to operabe said motor vehicle at a speed not ~o exceed 40 miles per hour on that portion of 5th'Street in the City of Plainview between the West side of Columbia Street and the West City Limits of the City of Plainvie.~ b. "Any person operating a motor vehicle which is self-propelled shall be permitted to operate said motor vehicle at a speed not to exceed 30 mi~es per hour on that portion of 5th Street in theCit.v of Plainview between the West side of Columbia Street and the West side of Elm Street." c. "Any person~.gperating a motor vehicle Which is self-propelled shall be permitted to operate said motor vehicle at a speednot to exceed 35 miles per hour on that portion of ~th Street in the City of Pla!nview between the West s~.de of Elm Street and the East side of Juniper Street." d. "Any person operating a motor vehicle which is self-propelled shall be permitted to operate said motor vehicle at a speed not to exceed 40 miles per hour on that port~on of 9th Street in the City of Plainview between the East side of Juniper Street and the East City Lim'~ts of the City of Plainview." Section 2: It shall be unlawful for any person to operate a motor vehicle wlhich is self-propelled on any portion of ~th Street in the City of Pla~nview in Hale County, Texas, at a speed greater than 'the permissable rate of speed as vided in Section I hereof. Section 3: Every person who shall violate or fail to comply With the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in' Section 77, Article IV, Chapter 14 of "The Code of the City of Plainview, Texas, 19~7." P~SS~ ~N~ ENACTED by the City Council of the City of Plainview on the 18th day of May, A.D. 19~9. M. B. Hood M~' B. HOOD, Mayor ~TTEST: P. H. Bryan P-~. ~BRY~, City Clerk City of Pla~nview Moved by Atderman Taylor seconded by Alderman Cline, that Ordinance No. 714 be passed. (Street~Closing) The Motion Carried. 0RDIN~CE N0. ~ 714 AN ORDINANCE CLOSING THAT PART OF S~THE STRE~T LYING BETWEEN THE SOUTH LINE OF ~£~ST EIGHTH STREET AND THE NORTH LIN~ OF WEST SIXTH STRE~, Ak~D CLOSING UTICA STREET BETW~ THE NORTH LINE OF WEST SEVen'TH STREET, PRO- JECTED, AND THE SOUTH LINE OF ~gEST EIGHTH STRE?T, AND OPTING VERNON STREET BETWEE~ THE NORTH LINE OF WEST SEV~TH STREET AND THE SOUTH LINE OF WEST' EIGHTH STREET, AND D~CLARING THE ELOS!NG OF SEID STREETS TO BE IN THE PUBLIC INTEREST: WHEREAS, Wavland College, located w~thin the City. of Pla~nview, Hale County, Texas, is the owner of all of the land on both sides of Utica Street between the North line of West Seventh Street, projected, and West Eighth Street, and all of the land on both sides of Sm~the Street between West Sixth Street and West Eighth Street; and WHEREAS, the plans of said College are to build buildings for class- rooms, dormitories and other facilities for the College on the said land located on each side of and between said stree~ts; ~HEREAS, the building oE said College along these lines will necessit- ate a congestion of oedestrian traffic on, ~over and across these streets, and a congestion of automobile traffic on and through these streets, and thereby causing a dangerous situation to pedestrians and motorists alike on and through these streets; and WHEREAS, said situation requires a relocation of thoroughfares and streets on and through the College property, which relocation the Council finds is in the public interest and for thesafetv of the public generally; and AFFIDAVIT OF PUBLISHER THE STAT~ OF TEXAS, County of Hale. ' Before me, the tmdersigned authority, on this d~ffpe~ ally _~/t~p e ar e d ......... ~ ..~.,~..L~..!~..:..../~: ................. known to me to be the publisher~ of the Plainview Herald, a newspaper of-~ge.ne.~al circulation pl~blished ~{t Plainview, }L~le County; said l~eavsl)aper has been conti~%uously and. regu- larly published in said Co~unty for a period o~ more teh,an one year; w'ho o~ c~a~h de,pose6 and say~ ~J~a,t a copy of the ~thin .................... .......... ....~.. ........................... ~. ...................... ~/.~ ...... ....... ~.~ ....... ~~.~x ...... ~::::::.':: ..................................................... ~~.-. ......................... was published pnce each, w~ek in the Plai~nview ..... .D..~././~,..., .... ................................ ........................................................................... and the attached clip~ a t~e copy/of said pubncation. ~//// ' Sworn to and subscrlbed before me, this · ..... ~../ ......... :r ...... u ~ u~ ..... ~<~.~ ......... :v:.~ ............... ......... ~¥X~..~../~~:~. ...................... Pub~sher's ~ee g.....: .................. F WHEREAS, at-a public hearing-~he!d by-.~and~.before~.the City Council of the'City-~f~PtatnvieW~at'its regular seSsiOn on jUnetS~ 1959, as an aid to the traffic P~ttern Of the City of Plainview and to avoid the dan- gerous situation existing on Smythe Street, and one ~hat will exist in the future on Utica Street, and the said College proposed to open~'~Vernon Street between West Seventh Street and West Eighth Street; and to dedi- cate to the public a one hundred foot right-of-way for said street .purposes; and to pave said block with sixty-four foot paving, said paving to be in conformity with the specifications of the City Engineer; and to widen, the paved portion of West Eighth Street from Smythe Street to Travis Street to a Width of forty-seven feet from curb to curb; and to widen the p~vihg on ~he'~S'Outh side of WeSt Eighth street from Travis Street to Utica'Street'-a t0tal 0f eight~ feet on the~South side thereof; and to widen ~he paving on west~ Eighth Street from Utica Street to Vernon Street to a ~idtlH'~.bf ~s~ven fe~t f~om cUrbmto curb; and to pave the unpaved betwe~h we~t Ninth andWest'Tenth Street; all of'~ ~ihE ~'~'~b~'~wlth"cu~b ahd~'~gutter, and"tn accordance with the specifications prepared by the City'Engineer; and WHEREAS, the said College further proposed to give the City an easement twenty foot' wide on and along Utica Street for the purpose of -water and se~wermains, it being .u!~derstood that the City.now has a water main in said street, NOW, THEREFORE, ~ BE~iT~0RDAINED BY THE CITYi coUNcIL OF THE CITY OF PLAINVIEW, TEXAS: Section l: That Smythe Street in the C~ty of Plainview between the SOuth l"in~'~0f 'WeSt Eighth Street and the North line of West Sixth Street, be and the same is hereby closed. Section~2: That Utica Street between the North line of West Seventh Street7 pro~ebted; and the South line of West Eighth Street, be and the same is hereby closed. '~ · Secti0n~ That vernon Street between the North line of West Seventh street and~the~SoUth, line of West Eighth Street be opened as a ~dblic ~thbr6ughfare 9ith one hundred foot right-of-way .and that it be paved with paving siEty-four feet wide from curb to curb. Section 4: That the paving on Eighth Street Between Smythe Street and VernOn Street be widened in accordance with the pr0~Osals hereinabove referred to in the preamble this Ordinance. Section ~: The City Council finds that it is in the pRblic interest tO close the said port~.ons of the said streets as provided in Section 1 ~ Section 2 of this 0rdinance, and to open the said portion of said street as provided in Section_ 3 of this Ordinance. Section 6: That the said portions of Smythe Street and Utica Street as prov-~ection I and Section 2 of this Ordinance shall no longer be used as public thoroughfares and open streets, and shall no lo~.ger be used or 4esignated as streets, and the owner of the property contiguous to said streets may take possession thereof and may make use of same in accordance with the laws of the State of Texas. Passed, Approved, and Adopted, this the 15th day of June, A. D. 1959. ATTEST: M. B. HOOD, Mayor City of Plainview PAUL BRYAN, city~'Cler'k'' ' City of Plainview STATE OF TEXAS C OUNTT OF HALE I, Paul Bryan, City Clerk of the City of Plainview, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. ?14~ .., adopted and passed by the City Council of the City of Plainview, T'exas~"at~'a regular meeting on June 15, 1959, by unanimoUs vote of all members'PreS~ht, to'~rtify Which'witness my h~ud and seal of office this the _lSth day of June, A. D. 1959. City of Plainview STATE OF TEXAS ~ : COUNTY OF HALE ~ BEFORE ME, the undersigned authority, on this day.personally appeared PAUL BRYkN, known to me to be the person whose name is subscribed to the fore~0ihg~'ins~r~ument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF 0FFICE,'~'this th~ l~H day of June, A.D. 1959. · Joe sharp,m N0rary Public Hale c0untv, Texas · · Moved by Alderman Cline Seconded by Alderman Irby, that Ordinance No.715 be passed. (Issuance of Bonds) The Motion Carried 0RD ANC N0. ORDINANCE AUTHORIZIN~ ISSUANCE 0P $395,000-00 "CITY OF PLAINVIEW, TEXAS,~ GENERAL OBLIGATION BONDS, SER~S 1959," DATED AUGUST 1, 1959 T~ STA~ 0F %~XAS CITY 0F PLA~IVIEW C0~ OF HALE 0N THIS the 3rd day of August, 1959, the City Council of the City of Plainview, Texas, convened in. regular session, at the regular meeting place thereof in the City Hall, there being present and in attendance the follow- lng members, to-wit: M. B. HOOD I~YOR GEORGE L. TAYLOR ) C. B. CLINE, JR. ) W. H. IRBY ) T. S. STAPLETON ) ALVIN STOKES ) ALDERMEN and with the folldwing absent: qone _, aonstituting a quorum, and among other proceedings had by ~il were the following: Mayor Hood introduced a proposed ordinance. The ordinance was read in full. Alderman~~ made a motion -that any rule requiring ordinances to be read at more than one meeting be suspended. The motion was seconded by Alderman_St.apleton and carried by the following vote: AYES: Aldermen Taylor, Cline, Irby, Stapleton, and Stokes NOES: None. Alderman Cline made a motion that the ordinance be passed finally. The motion was seconded by Alderman irb~ and carried by the following vote: AYES: Alderman Taylor, Ctine, Irby, Stapleton and Stokes NOES: None. The Mayor announced that the ordinance had been finally passed. THE ORDINANCE IS AS FOLLOWS: "AN ORDINANCE by the City Council of the City of Plainview, Texas, authorizing the issuance of $.~95,000.00 'City of Plainview, Texas, General Obligation Bonds, Series 1959", dated August l, 1959, for the following purposes, to-wit: $160,000 for the purpose of constructing street improvements in and for said City; $140,000 for the purpose of constructing improvements and e×tensions to the City's Waterworks System; $70,000 for the purpose of constructing improve- ments and e×tensions to the City's Sanitary Sewer System; and $25,000 for the purpose of construct- ing a public building, tO-wit: a municipal build- ing to supplement the City Hall office space; prescribing the form of the bonds a~d the form of the interest coupons; levying a continual direct a~nual and valorem tax on all taxavle property within the limits of said City to pay the inter- est on said bonds and to create a sinking fund for the redemption thereof, and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the purpose and subject of this ordinance; and declaring an emergency. WHEREAS, the City Council of the City of Plainview, Texas, on the 12th day of~ June, 1959, passed and adopted a resolution and order, call- ing an election at which the following propositions were submitted to the qualified property taxpaying electors of said City, who had duly rendered their property for taxation: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Plainview, Texas, be authorized to issue ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000) general obligation tax bonds of said City for the purpose of constructing street imorovements in and for said C · ity, said bonds to mature serially over a period of years not to exceed fifteen (15) years from their date and to bear interest at a rate not to exceed FOUR AND ONE-HALF PER CENT~ 1 (4-1~%) per annum, payable annually or semi-annually, and to provide for the payment of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due~" PROBOSITION NUMBER 2 "SHALL the City Council of the City of Plainview, Te×as, be authorized to issue ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) general obligation tax bonds of said City for the purpose of constructing improvements and extensions to the City's Waterworks System; said bonds to mature serially over a period of years not to exceed fifteen (15) years from their date and to bear interest at a rate not to exceed FOUR AND ONE-HALF PER CENTUM (4-~) per annum, payable annually or semi-annually, and to provide for the pay~.ent of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" PRO~ 0SITION NUMBER "SHALL the City Council of the City of Plainview, Texas, be authorized to issue SEVENTY THOUSAND DOLLARS ($70,000) general obligation tax bonds of said City for the purpose of constructing improvements and extensions to the City's Sani- tary Sewer System; said bonds to mature serially over a period of years not to exceed fifteen (l~) years from their date and to bear interest at a rate to provide for the payment of princiRal of aud interest on said bonds by levyin~ a ta~ sufficient to pay the annual interest and to c~ea~e a sinking fund sufficient to redeem said bonds as they become due?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of Plainview, Texas, be authorized to issue TWENTY FIVE THOUSAND DOLLARS ($25,000) general obligation tax bonds of said City for the pn~pose of constructing a public building, to-wit: a municipal building to supplement the City Hall office space; said bonds to mature serially over a period of years not to exceed fifteen years from their date and to bear interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they beoome due?" WHEREAS, the said election was held pursuant to said resolution and order on the 30th day of June, 1959; and WHEREAS, the City Council has heretofore examined into and investig- ated the regularity of the proceedings for said election and found that the same was duly and legally held; that the notice required by law to be given had been duly and legally given; and that said election was con- ducted in strict conformity with the law; and that due returns of said election had been made by the proper officers; and ~WHEREAS, at'said election, the qualified electors, who are property taxpayers of the City of Plainview, and who had duly rendered their pro- perty for ta×ation, voting at said election sustained byna majority vote, the proposition~ to issue the aforesaid bonds, in the aggregate principal sum of $395,000, and WHEREAS, this City Council has heretofore, to-wit: on the 6th day of July, 1959, adopted a resolution declaring the results of said elec- tion and determining the specific authority of the City to issue said general obligation bonds; and WHEREAS, the City Council, deems it advisable and to the best inter- est of the City that the bonds of the four series hereinabove described shall be issued in a single combined authorization; therefore BE IT ORDAINED BY THE CITY COU~CID OF THE CITY OF PLAINVIA~W: SECT]r0N 1: That the bonds of the City of Plainview, Te×as, to be known as "CI~ OF PALINVIEW, TEXAS, GE~RAL OBLIGATION BONDS, SERIES I9~9", be and same are hereby issued under and by virtue of the Constitution and laws of the State of Texas, for the following purposes, to-wit: $160,O00 for the purpose of constructing street improvements in and for said City, $140,000 for the purpose of constructing improvements and extensions to the City's Waterworks System; $70,000 for the purpose of constructing im- orovements and extensions to the City's Sanitary Sewer System; and ~25,000 for the purpose of constructing a public building, to-wit: a municipal building to supplement the City Hall office space, aggregating the principal s~m of THREE HUNDRED NINETY FIVE THOUSAND DOLLARS ($395,000). SECTION 2: That said bonds shall be numbered consecutively from One (l~' Hundred Ninety Five (~9~), both inclusive, shall be in the denomination of One Thousand Dollars (~l,000) each, aggregating the sum of THREE HUNDRED NINETY FIVE THOUSAND DOLLARS ($395,000). SECTION 3: ~ That said bonds shall be dated August 1, 1959, and shalli~ be date-~ughst l, 19~9, and shall become due and payable se~ially, with- out right of prior redemption, in accordance with the following schedule: B 0ND NLrMBERS (All Inclusive MATURITY DATE~ AMOUNTS 1 to 5 February 1, 1960 $ 5,000 6 to 15 Februar~ !, 1961 10,000 16 to 2~ February 1, 1962 10,000 ~26 to 35 FebruaPy 1, 1963 .10,000 ~6 to 45 February 1, 1964 10,000 46 to 55 February 1, 1965 10,000 56 to 70 February 1, 1966 15,000 71 to 8~ February t, 1967 15,000 86 to I00 February 1, 1968 15,000 101 to 115 February 1, 1969 15,000 116 to 130 131' to February l, 1970 February l, 1971 15,000 35,000 166 to 280 February 1, 1972 115,000 281 tO 395 February ~1, 1973 115,000 SECTION 4: That said bonds shall bear interest from date until paid at the follwoing rates per annum; that is to say-- (a) Bonds Numbered 1 to 45, both inclusive, maturing on February 1st in each of the years 1960 to 1964, both inclusive, shall bear interest at the rate of TBtREE AND THREE-FOURTHS PER CENTUM (3-3/4%) per annum: (b) Bonds Numbered 46 to 165, both inclusive, maturing on February tst in each of the years 1965 to 1971, both inclu- sive, shall bear interest at the rate of FOUR PER CENTUM (4~) per annum.; and (c) Bonds Nunbered 166 to 395, both inclusive, maturing on February 1st in each of the years 1972 and 1973, shall bear interest at the rate of FOUR .AND 0iYE-FOURTH PER CENTUM (4-~) per a~lnum ~ such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on February l, 1960 and semi- annually thereafter on August I and February I in each yeam~. SECTION ~.'~. That both principal and interest of the said bonds shall be pa~ lawful money of the United States of America, withou~t exchange or collection charges to the owner or holder, at , upon presentation and surrender of bonds or proper interest codpons. SECTION 6: That the corporate seal of the ~{CITY OF PLAiNVIEW, TE%_AS" shall be impressed upon each of said bonds and said bonds and the interest coupons appurtenant thereto may be executed by the imprinved facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shall have the sam.e effect as if such bonds and coupons had been signed by the Mayor and City Secretary by their manual signatures. Inas- much as such bonds are required to be registered by the Comptroller Of Pub- lic Accounts of the State of Texas, only his s±gnature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as above provided; all in accordance with the provisions of Article 717j Vernon,s Annotated Texas Civil Statutes, as ame nde d. SECTION 7: follows: ~hat the form of said bonds shall be substantially as NO. UNITED STATE.S OF AI~RICA $1,000 STATE OF TEXAS COUNTY OF HALE ~EXAS GENERAL OBLIGAtiON BOND SER%E8 1959 CITY OF PL.AINVIEW, ~ ~ ' ~ ~ The CITY OF PL~INVIEW, a municipal corporation of the State of Texas, acknowledges itself indebted to, and FOR VALUE RECEIVED, hereby promises to pay to bearer, without right of prior redemption, the sum of ONE' THOUSAND DOLLARS ($1,000), in lawful money' of the Ohited States of America, on the first day of FEBRUARY, 19 , with interest thereon from the da~e he~eof until paid at the rate of PER CENTUM ( .~) pe~ ammum, payable on February 1,' 196b, and semi-annually thereafter on aug- ust i and February l~ih::~&a~ch year, and interest fallingdue on or prior to maturity hereof is payable only upon presenoation anm surrender of interest couoons hereto attached as they severally become due. BOTH PRINCIPAL and int~.~esot of~ ~hi~ b0~d. a~a he~reby rdad.e 'pay&b!~at a. without exchange or collection charges to the owner or holder, and for the pro~mpt payment of this bond and the interest thereon at maturity, the full faith, credit and resources of the City of Plainview, Texas, are hereby irrevocably' ple'dged. THIS BOND is one of a series of Three Hundred Ninety Five ('395) serial bonds, numbered consecutively from One (1) to Three Hundred Ninety Five (395), both inclusive, in the denomination of One Thousand Dollars ($1,000) each, aggregating THREE HUI~DRED NiNE?Z FIVE THOUSAND DOLLARS ($39~,000), issued for the following purposes, to-wit: $160,000 for the purpose of con- structing street improvements in and for said City; $1~0,000 for the pur- pose of constructing improvements and extensions to the City's Waterworks System; $70,000 for the purpose of constructing improvements and extensions to the City's Sanitary Sewer System; and $25,000 -for the purpose of con- structing a ~oublic building to-wit: a municipal building to supplement the City Hall office space, under authority of the Constitution and laws of the State of Texas, and pursuant ~e an ordinance duly adopted by the City CoUncil of the City of Plainview, Texas, and duly recorded in the Minutes of said City Council. IT IS h~EREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this bond and the series of .which it is a part, is duly authorized hy law and by vote of the qualified property ta~paying electors, who had duly rendered their property for taxation, votir~q at an election held for that purpose within said City on the lOth day of June, 1959; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that sufficiant and proper provision for-the levy and collection of taxes has been made. which, when collected shall be appropriated exclusively to the payment of this bond and the series of which it is a .part, and to the payment of the interest coupons thereto an~exed, as the same shall become due, and that the total indebtedness of the City of Plainview, Texas, includ- ing the entire series of bonds of which this is one, does not exceed any con- stitutional or statutory limitation. IN TESTIMONY WHEREOF, the City Council of the City of Plainview, Texas, has c'aused the seal of said City to be impressed hereon, and. this bond and its appurtenant coupons to be executed with the imp~nted faesimile signa- tures of the Mayor and City Secretary of said City in accordance with the provisions of ArtiQle 717j, Vernon's Annotated Texas Civil Statues, as amended, the date of this bond in co~mfarmity with the ordinance above re- ferred to, being the FIRST DAY 0F AUGUST, 1959. COUNTERS IG~YED: Mayor, City of Plainview City Secretary, City of Plainview SECTION 8: That the form of interest coupon attached to each of ~aid bonds shall be substantially as follows: NO. ON ThUg DAY OF ~,,~,..19 ... ~ THE CITY OF PLAINVIEW, a municipal corporation of the State of Texas, hers- by promises to pay to bearer, at without exchange or c~-i-lec'tion charges to~wner' holder the sum of DOLLARS ($ .... ), in lawful money of "t~States of America, said sum being months' interest due that day on "CI~Z OF PLAIN~IEW, TEXAS, GENERAL OBLIGATION BONS, SERIES 1959", dated August l~ 1959. Bond No. P~B~c'ity Secretary ~. B. HOOD, Mayor SECTION 10~ That the following certificate shall be printed on the back of~ e~'~'h bond. OFFICE OF CO~TROLLER ~ STATE OF TEX~S ~ REGISTER NO. I HEREBY CERTI~U~ that there is on file· and of record in my office a certificate of the Attorney General of the State of Texas, to the effect that this bond has been examined by ~him'ras required by law, and .that he f£nds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon said City of Plainview, Texas, and said bond has this day been registered by me. WITNLSS BY HAND AND THE SEAL OF MY OFFICE, at Austin, Texas, Comptroller of Public Accounts of the State of Texas 8ECTION 10: OF ?~INVIEW, BE IT FURT~R ORDAI~D BY TP~ CITY COU~CIL OF THE C That a special fund to be designate "SPECIAL GENERAL OBLIGATION BOND FUND, SERIES 19~9", is hereby created, and the proceeds of all taxes col- lected for or on account of this series of bonds shall be credited to said fund for the purpose of paying the interest on and to provide a sinking fund for the redemption of said bonds at maturity; and said fund shall be used for no othe~ p~urpose; that, while said bonds, or any of them, are outstanding and unpaid, there shaD1 be annually levied, assessed and col- lected in due time, form and manner, a ta× upon all ot the ta×able pro- perty in said C~ity, sufficient to pay the current interest thereon and create a sinking fund sufficient to pay each installment of princioal as the same becomes due, or a sinking fund of 2%, whichever is greater; and to pay the interest on said bonds for the first year and to create a sink- ing fund with which to pay the principal as the same becomes due, or a slinking fund oF 2%, whichever is there hereby levied a suffi- cient ta~ on each of taxable property in said City for the C6rre~nt year and the same shall be assessed and collected and applied to the purpose named; and while said bonds or any of them are outstanding and unpaid, a tax each year at a rate from year to year, as will he ample and sufficient to provide funds to pay the current interest on said bonds and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year, respectively, while said bondS, or any of them, are outstanding and unpaid, and said tax shall each Nera be assessed and co~llected and applied to the payment of the principal of and interest on said bonds. The City Council hereby declares its purpose and intent to provide and levy a ta~ legally and fully sufficient for suCh bonds, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration al all other outstanding obligations. SECTION 1t: BE iT F~RTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL~INVIEW, That the Mayor of said City shall be and he is hereby authorized to take and have charge of all necessary orders and records pending investi- gation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorized pending thei~ approval bY the Attorney General and their regis_tration by the Comp- troller of Public Accounts. SECTION 12: BE IT FURTHER ORDAINED BY TB~ CITY COUNCIL OF T~ CITY OF PLAINV~;W ~ That the sale of the bonds herein authorized to FIRST SOUTHWEST COMPANY, Dallas, Texas, and ASSOCIATES, at-the price of par and accrued interest to date of delivery, is hereby confirmed. Delivery of the bonds shall be made to ~aid purchasers as soon as may be after the adoption of this ordinance, upon_payment therefor in accordance with the t~rms of sale. SECTION 1~: CITY OF PLAI~IEW: AND BE IT FLq~T~R ORDAINED BY THE CITY COUNCIL OF THE The public imoortance of this measure and the fact that it is to the best interest of the City to provide funds for the construction of the improvements herein orovided at the earliest possible date, constitute and create an emergency~ and an urgent public necessity, requiring that any rule providing for ordinances to be read and voted upon at more than one meeting of the City Council be suspended, and requiring that this ordi- nance b~ passed and take e~ect as an~e~erge~c~ measure, and such rules and provisions are accordinoly suspenmem, an~ ~nis~orminance is passed as 84 an emergency mearure, and shall take and have effect and be in full force ..... ~ from and after its passage. PASSED AND APPROVED, this the 3rd day of August, 19~9. ATTEST. M. B. HOOD M. B. HOOD, Mayor, City of Plainview P. H. BRYAN ~. H. BRYAN~ City Secretary, City 0f Plainview, Te×as (City Seal) APPROVED: J. T. BOYD CITY ATTORh~EY, City of Plainview, Texas Moved by Aldermah Irby s~ond b~.:A!derma~a.::,Sto~es .... :.t~a~t~:-~rd. No. 717 be passed (annexation)~ ......... ' The motion carried. ORDINANCE NO. 717 AN ORDINANCE A~$EXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PL~INViEW, TEXAS, AN AREA ADJACENT THERTO AND FINDING AND 5ETEP~INING THAT A PETITION HA~. BEEN DULY SIGNED, AND~ THAT ALL OF THE RE,EDiCT, QUALIFIED TAXPAYING VOTERS WITHING SOCH ~REA HAVE FILED YfITH THE C%TY CLARK ~AID PETITION REQUESTING SUCH A~EXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CIYT OF PLAINVIEW, TEXAS, WHEREAS, ~ petition-has been signed and filed with the. City Clerk of the City mf ~lainview, Texas, petitioning the c~ty Council of the City of Plainview to annex ahd~admit the following described area and territory into the City of Plainview, to-wit: TRACT NO. ONE: BEGINNING ag~a 5/8 inch steel rod in old fence line at Southwest cornor of tract described in Volume ~28, page 397 of the Deed Records of Hale County; THENCE North at 290.4 feet pass 5/~ inch steel rod, at 297.9 fee~ pass 5/Sinch stell rod ~.outh line of Highway right-of- way, being 10.5 feet South of back line or'curb and gutter, the Norhtwest cornor of tract mentioned aboMe , in Highway right-of- way; THENSE East 175 feet to point in North line of' same; THENCE South,' in all 297.9 feet to 5/2'inch steel rod in South lin~ of above mentioned tract for the Southwest cormor of this tract; TH~CE West 175 feet to place of beginning and ~e~g the'West 175 feet of the tract conveyed-by J; K. Crews e~m~[ Bertha E. Crews to Frontier Equipment, Inc. by deed recorded~in Book 328, page 397 of the Deed ReCords of Hale County, TeXas,"such 'tract being out of Section No. 40, Block JK, 2, Hale County, Texas, TR 5/8 inch steel'r0d in Southwest corner of tract sold to Frontier Equipment, Inc. by J.' K. Crews and'd~scribed in Vglume 32~,. page of the Deed Records of Hale COunty;-' THENCE East along the South line of said tract 175 feet to 5/8 inch steel rod, THENCE South ll3.7 feet to 5/8 inch steel rod under fence; THENCE North 66~53' 20'~ West 170.6~ feet to 5/8 inch steel rod: THENCE WeSt 18 feet to old 5/8 inch steel rod; THENCE North. .at 7.7 feet pass 5/8 inch steel rod in all 46.7 feet to the place of beginning,~ such tract being out of ~ection No. 40, Block JK-2, Hale County, Texas;~ WHEREAS, the City Council upon a consideration of said petition, has found and determined that the owner of said tract of land and all of the resident, qulified ~axpaying voters residing in said area have signed said petition; and WERE~S, the City COuncil finds that all of $~id area is. con~tiguous to the present city limits of the City of Plainview, and that ~s is desirable, expedient and for the best interest of the owner and residents of Said tract and for~the City of Plainview, and that said area be annesed to the City of Plain~iew, NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINMIEW, TEXAS: SECTION1. It is foune and determined by the City Council that the following.described tra~ts of land, torwit: at a 5/8 inch steel rod in old fence line at Southwest cornor of tract described in Volume 328, page 397 of the Deed Records of Hale. County; THENCE North, at 290.~ feet pass 5/8 inch steel rod~ at 297.9 feet pass 5/8-inch ste~l rod in South line of Highway right-of- way,~being 10.5 feet South of back line of curb and gutter, the No~hhwest cornor of tract.mentioned abocr, in Highway right-of- way; THENCE East 175 feet to POint line of same; 297,9 feet to inch steel rod in South tract for the Southeast cornor of this tract; th WeSt 175 feet to plape, of b~ginning and .~eing'the West 1~ b of the tract conve~d by~J. mK.~Orewset ~ Bertha E. . Crews t° Frontier ~uipment ~i Inc.-by_d~edrec ored in~Bo0~k 328, pag~ 397'of ~e Deed~Recomds of H~le C°Unby, Texas, 'such t~act being o~D of! section No. 40, Block JK~2,1 ~H~le COUn{y, Texas; ~°d~i'~n~outhwest co,nor of Sract so J.K. C ' ~ uews and demcrmbe~ in VolUme Deed Records of Hale County; T~NCE long the South lin~ of said tract 175 feet to 5/8 inch rod; ~ THEN~mE South 113.7 feet to 5/8 inch steel rod ~n~er fence; rHE~~m~61 53' 20~ West 170.68 feet to 5/8 inch steel rod; THENCE West 18 feet to old 5/8 inch steel rod; at 7.7 feet pass 5/8 inch 'steel tod in all 46.7 place of beginning, s~h tract being ouD of Section No. ~O,~Block JK-2, Hale Oou~ty , Texas; are contiguous to the present city limits of the City of Plainview, Texas, SECTION 2. It is found and determined that ~he o_wner of said tract of land and all of the qualified, taxpaying voters residing in the above descri~ have du~y signed a petition, on file with the City Clerk, ~ the City C~il to admit, incorporate and annex-the above described into the corporate limits of th~ City of Plainview, Texas, and that said petition is in'a!l respects regular and in compliance with Section ~ of the Cf%y. Charter of the City of Plainv~ew, Texas SECTION 3. It is fornd, determined and ordered by the City Council Plainview, Texas, that said petition in All things be granted ~ that the above described area be and the same is in all respects incorporated into and made a o'art of the City Limits of the City of Plainview, Texas. SECTION 4, It is further det~rminad and ordered by the City Cou6cil that the above described area from and after the effective date of this ordinance~be subject to the control and jurisdiction of the City of Ptainview, and subject to taxes and other assessments which may be livied be law from and al~ter the~date Qf. this ~rdina~ce. PASSES, APPROVED AND ADOPTED this 7th day of September, 'A. D. 1959. ATTEST: P~ H. P. H. Bryan, Texas Hood ~ petit_on asking for the closing of the east and west alley in Block ? & 3 A. W; 'Addition and offering a deeded alley north and south which has been in use but never dedicated. Motion by Alderman Taylor and seconded by Alderman Irby, that the petition be granted and Ordinance No. ?16 be passed closing the said alley. The Motion Carried. ORDINANCE 716 AN ORDINANCE CLOSING THE PART OF THE ALLEY IN BLOCK 73 OF ALEXANDER AND ~ZESTMORELAND ADDITION TO TM TOWN OF PLAINVIEW. BE IT ORDAINED BY THE CITY COUNCIL OF T~ CITY OF~ PLAINVIEW: SECTION l: ~hat the petition on file herein .petitioning the City Council to close the East and West part of the T alley in Block 73 of Alexander and Westmoreland Addition~ to the Town of P. lainview, Hale County Texas, is found by the City Council to b~ signed by all of the property owners of said Block 73 and therefore all of the property owners abutt- ing the East and West part of said~ T alley have executed said petition requesting that it be closed and abandoned. SECTION 11. The City Council finds that the protion of said alley sought to be closed.has never been opened or used as a public through- fare by the traveling public and-that no utility service lines have ever been laid in that portion of said alley sought to be closed.' SECTION lll. The City Council finds that many years ago a North and South part of said alley was opened up between Lots 8 and 9 in said Block 73"~ith l0 ~feeB taken off the West side of Lot 8 and l0 feet taken off' the east side of Lot 9, so as to continue and prolong the North and South alley in said block and make it a straight alley from 7th Street to 6th Street and that said alley completely bisects said block North and South has been opened, established and maintained by the City of Plainview, and the traveling public for many years and that utility lines and service lines have been laid in said alley as it has been opened and maintained these many years. SECTION 1V: The City Council finds that to close the East and West part of said T alley would not inconvenience the City nor the traveling public and that said petition as filed herein should in all things be granted and the protion of the alley described in said petition should be closed. SECTION V: It is ordered by the City Council that the petition on file herein be granted anR that the East and West protion of the T alley in Block 73 of Alexander and Westmoreland Addition to the Town of Plain- view be and the same is in all things closed, vacated and abandoned, and that the title to bhe abondoned portion of said alley shall revert to the adjoun~g~property owners as provided by law. PASSED, APPROVED AND ADOPTED THE 25th DAY OF SEPTEMBER, 1959. ATTEST: H, ' Bry.a,,n · M. B.~ Hood ORDINANCE NO. 718 AN ORDINANCE AMENDING SECTION 13, ARTIC~F~E 11, OF CHAPTER 3 OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957,"' PROVIDING THE RUToES AND REGULATIONS BY , WHICH BANCE HALLS SHALL BE REGULATED AND GOVERNED IN THE TOWN OF PLAINViEW, TEXAS; AND PROVIDING A PENALTY FOR Tm VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF TP~ CITY OF PLAiNVIEW: SECTION ONE: Section tw of Article 11, of Chapte'r 3 af "The Code of the City of Plainview, Te×as, 1957;" is hereby amended. Said Section 13 shall, on and after the passage of this Ordinance, read as follows: a. It shall be unlawful for the operator of any dance hall to permit any known prostitute, male or female procurer, or vag- rant to be present at any public dance or dance hall. b. No dance hall shall have in any way connected with it any room or rooms equipped or fitted in any way as sleeping rooms which 'are open to or let to the patrons of such dance halls, or to the publi~-~with or without a charge being made therefor, provided, however, this section shall not apply to any room or rooms that may be rented to bona fide hotel guests when such ~anc~ hall may be operated in a building principally maintained and used as a bona fide hotel. c~ Each dance hall shall be supplied with separate and con- venient facilities for each se×, the aoproach to which shall be private, maintained in a sanitary condition. d.~ Free access and entrance into all dance halls shall be at all times accorded and granted to police and fire officers of the City of Plainview when on official duty. e.~ No person or persons shall dance, or shall any licensee or operator permit or suffer any person or persons, to dance in any public dance hall any indecent, freak or immodest dance. f. The operator of any public dance hall shall not violate or permit the violation of any of the terms of this Article, and it shall be the duty of the Police and Fire Officers and the City Health Officer of the City of Plainview to require compliance with the~terms of th~s Article. g. Nothing herei~ shall be construced as authorizing the issuance of a license to donduct any dance hall commonly known as "taxi dance halls" wherein there are kept and provided female dancing partners for male guests, or customers, who pay by the dance for the privilege of dance with female partners. h. All refreshment booths in or. connected with any dance hall shall be constructed, maintained and operated in such manner that those occupying same will remain visible to patrons in such hall at all times. i. ~f, in connection with the operation of any "public dance hall~ there is to be employed any guard of watchman to be on duty at public dances there at, then prior to the time of such employ- ment of such~ guard or watchman, the operator of such public dance hall shall furnish to the City Clerk the name of the guard or watch- man expected' to be employed, giving the place of the then residence and the place or places of his previous residence for the preceding five years. j~. Any public dance hall operated or conducted in the Town ~f Plainview at any place within the city limits and outside of the fire. limits of the City of Plainview as those limits are de- fined and set out in Section i of Chapter l~ of "The Code of the City of Plainview, 1957," shall, for the purposes of this Ordin- ance, be considered to be within the residential section of the City of~'~Pt~inview. kj Any public dance hall operated and conducted outside of the fire limits of the City of Plainview as those limits are defined by Chapter 16, Section I of "The Code of the City of Plainview, Texas, 19~7," shall be donducted in such a way and manner as not' to dusturb the peace and quiet of such residential section or the occupants or residents thereof. 1. No public dance hall shall be operated or conducted within the City Limits of Plainview, at any time on Sunday. .~. It shall be the duty of the operator of any public dance ~a~ operated or conducted within the City Limits of the City of Plainview to conduct same in such a manner as to prevent an~ distur- bance of the peace, assualt, affray,~or any other action by the part- icipants at suchdance-that constitutes a violation of a breach of the pea¢~o n. It shal~ be-a violation of this Ordinance and shall be un- lawful for any operator of a public dance hall to allow an~ person who is under the. influence of an intoxicating liquor to remain on the premises upon w~hich such public .dance is being conducted, or on any other premises~used in connection with such public dance hall. o. It sh~ll be the duty of the operator of any such public dance hall to maintain the peace and the decorum of all partici- pants at any public dance conducted by such operator. Any breach of the peace, assualt, affray or any other violation of the penal laws of~ the State of Texas occuring on the premises where a public dance is. ~eing conducted within the City of Plainview City Limits, shall be considered as having been spawned by reason of said public dance and shall~constit~te grounds for concellation or revocation of the license of the operator of such public dance hall. p. Failure of the operator to comply with any of the provisions of this Ordinance shall be grounds for the revocation of the license or permit of the operator of any public dance hall within the City Limits of the City of Plainview. The license or permit, of the opera- tor of any p%blio~dance hall within the City Limits of the City of PlainView may be canceled or suspended, should any act occur upon the premises upon which said operator is conduction a public dance hall, in violation of the provisions of this section, or in violation of the proviisions o~ this sectiom, or in ~iolation of any provision cOntained in Article ll of Chapter 3 of "The Code of the City of Plainview, Texas, 1957" or to comply with any other requirement of said APtiole ll, shall constitute grounds for revocation of his ~aid operator's license of permit ~o operate a public dance hall in the City of Plainview. SECTION TWO: Any person who shall violate or fail to comply with any provision of SECTION ONE of this Ordinance shall be punished as provided in Section 18~'Article ll, Chapter 3 of ~The Code of the City of P~ainview, Texas, 1957." SECTION TP~EE: All other provisions of Article ll of Chapter 3 of "The Code of the'~Ci'ty of Plainview, Texas, 1957," shall remain in full force and effect. PASSED this the 19th day of October ~ 19594 ATTEST: M. B. Hoo~ M. B. HOOD,' MAYOR City of Plainview P. H. Bryan PAUL BRYAN, City Clerk City of Plainview AFFIDAVIT OF ,~PUBLISHER THEi ~HTE OF TEX~S~ County of Hale. Before me, the undersigned authority, on this day personally appeared to me to be the publisher of the,Plainv~ew Herald, a newspaper of ge~ter~al e~cu~.~tion published in Plainview, gale Cour~ty; said newspaper ,has been continluo,usly and regu- larly ,published in said Co,unty £or a .period of more than one year; who o~ o~th deposes and says ~th~t a copy of the within .................... ................... in the case of .............................................................. Docket No ............................. was published once the Plainview ~ ................ ..................................................... in its issues of ..~.~..~...!..,:'../...~....'~....~......'~... ................ .................... ....................... and the attached~/~lip,l~/tg is a true copy of Swo~ ~o ~d subsc~bed before me, this ~ota~ Public, H~e Co~ty, Texa~ Pub~sher'~ Fee $. ~ AFFIDAVIT OF PUBLISHER TH~ ~TA~ O~ T~EXAS, County of ~ale. Before me, the undersigne_d authority, on this day personally appeared E. Q. Perry known to me to be the publisher of the Plainview Herald, a newspaper o~ ,general circulation published in Plainview, ~ale ~un~ty; said newslYalYer has been continuo~.sly a~d re,gu- larly {~ubNs~e,d in said County for a period of mere &rran one ye~; wl~o om o,a,th d.e~oses and says .qahat a c~.py c~f the within .................... ............ .....w..a...r..r~..amt..s......f...~...r...~p...a`Y.i...n.g..~.c...i...t.y..:.~s.. ............. Portion of airport development in the ease of ............................................................ Docket No ............................. was published once each week in the Plainview ...... ~.~.,.i.~y. ................ ......... 'H...e..17...~..~ .................................................... in its issues of ...N....°..v........3....a...~..~....~..O..V......'....~..O.,.....]:..~..~.~ and the attached clipp)~s/~P~true copy of ~lainview, Texas, ..~-~-d__~.~'~' ........... Sworn to and subscribed before me, this ~- Notary Public, Hale County, Texas. Publisher's Fee $...~..~......f.~.~ ,' [ Moved by Alderman Cline and seconded by Alderman Stokes that Ordinance No. 719 he passed. (In RE Airport Control Tower Warrants.) The Motion Carried. ORDINANCE NO. 719 WHEREAS, the City of Plainview, acting in conjunction with Hale County, has heretofore made committments with the Federal Aviation Agency for the construction of a control tower at the Hale County Airport at an estimated overall cost of $70,000.00; and WHEREAS, the Federal Aviation Agency has revised the plans and speci- fications of the control tower and has made recommendations for additions thereto which has now made the estimated cost o£ the construction of said control tower to be $?0,000.00; and WHEREAS, the ~ederal Aviation Agency has appropriated and 'allocated money f.or the purpose of paying one-half of such costs provided and condi- tioned that the City o~Plainview and Hale County, the co-owners of said Hale County Airport, will provide the other one-half of such costs; and WHEREAS, Hale Coun~.~, the Co-owner of said Hale County Airport has accepted the offer on.the revised plans and the overall additional cost and has appropriated and a~located _sufficient funds to pay the county's share in the sum~f $30,000.00; and WHEREAS, th· city of Ptainview, by Ordinance No. 711, authorized and has issued warrants ~Otal~ng $17,~00.00 for the payment of its share of the cost on the original estimate; and WP~REAS, its become necessary, e×pedient, and advisable, as said control tower is now to be constructed, for the City of Plainview to accept such offer based on the increased costs and to appropriate and allocate sufficient funds to pay its protion of said additional costs in the sum of $12,~00.00 making its share of the total overall cost of $30,000.00 and WHEREAS, due to unusually large claims and accounts heretofore approved against the General ~unds of the-City of Plainview, it appears that there is not sufficient balance in the General Funds to pay such additional costs; and WHEREAS, it appears that the General Funds will be wholly inadequate to meet and pay the City,s portion of such additional costs of such project; and WHE~AS, it appears advisable and expedient ~hat time warrants be authorized, payable serially over a period of no'~ to exceed five (~) years, be issued and payable out of the General Funds for the purpose of paying for the additional costs of such project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C0~NCIL OF THE CITY OF PLA INVIEW, TEXAS: SECTIONiI: That the offer made by the Federal Aviation Agency of the United States Government to pay one-half of the overall costs of the construction of a control ~ower at the Hale County Airport be accepted and that the City of Plainview pay its one-fourth of such costs. SECTION 2: It is found and determined by the City Council that the estimated cost of the construction of said control tower as shown by the revised plans and specifications thereof, is $120,000.00 and that Hale County, the co-owners of Hale County Airport, has accepted such offer and has aopropriated sufficient funds to pay its protion of the costs, that is #30,000.00, and that the City of Plainview's portion of the cost of construction of said control tower is $30,000.00. SECTION 3: The City Council finds and determines that it has heretofore issued time warrants in the sum of $17,~00.00 to be used toward the payment of such costs and that the additional costs of $12,~00.00 should be paid out of the General Funds of the City and that the General ~nds are wholly inadequate at this time to bear additional costs and that it is expedient and advisable that time warrants be issued payable serially over a period of fi~e years ~.nd finally maturing December 15, 1964, and to bear interest at ~% payable annually. SECTION 4: That said warrants be n~ubered from 1 to i0, inclusive~ and each be for the sum of One ~nousand Two-hundred fifty and no/100 dollars ($1~2~0.00), and warrants l, 3, 5, ? and 9 are to be payable to the City National Bank of Plainview, Texas, and warrants'2,4,6,8 and l0 are to be payable to Hale County State Bank, Plainview, Texas, said warrants to be dated November l, 1959; and Warrants i and 2 maturing December l~, 1963; and Warrants 9 and l0 maturing December 15, 1964; and payable out of the revenue of the general funds of the City of Plainview; and that the form of said warrants should be as follows, to-wit: CITY OF PLAINVIEW WARRANTS NOVEMBER 1, 19~9 STATE OF TEXAS TO: 'bne City Treasurer of the City of Plainview: On December I~, 19 , pay ~to the order of ....... BANK, PL&INVIE~W, TEXAS, the sum of One Thousand Two-Hundred Fifty and no/lO0 Dollars ($1,250.00), with interest thereon f-rom date at the rate of four per cent (4%) per ann~m, the interest payable annually to~be paid out of the General Fund being duly authorized by Ordinance No.__ of the City of Plainview, entered and passed November 16, 19~9; and assessed ata× for 1959, sufficient in amount for the. purpose of paying off and discharging the principal and interest of this warrant and levying such tar sufficient in the amount for the ourpose Df paying off and dis- charging the principal and interest a~dtp~in~ipal o£ this warrant 'annually thereafter. The full faith and credit of the City of Plainview, Texas, is pledged for the payment hereof, both principal and interest~according to the reading and effect hereof. IN TESTIMONY WHEREOF, witness the name of the City of Plain- view, by its Mayor and duly attested by the City Clerk under seal of the City the day and ~year above written. CITY OF PLAINViEW ATTEST MAYOR City Clef, 'City of Plainview SECTION 5: That a tax levy for the year 1959 of one-half of one cent on the one hundred dollar valuation of the taxable property in the City of Plainview is hereby levied for the purpose of creating a fUnd to pay off and discharge t'he principal and interest~of said warrants and that a tax levy is hereby made for each and every year hereafter, in sufficient sums to pay off and discharge said warrants as they mature. SECTION 6: It. is the order of the City Coucil that each of said war- rants shall be signed by the Mayor for and on behalf of the City of Plain- view and duly attested by the City Clerk of the City of Plainview, under its seal. SECTION 7: It is also ordered by the City Council that a legal no- tice be given and published in the manner and for the length of time required by law, to be signed by the Mayor, of the City's intention to meet on November 16, 1959, at its regular meeting time and place for the purpose of issuing s~ch warrants. PASSED, APPROFED AND ADOPTED this 16th day of November, A. D. 1959. ATTEST: P. H. Bryan City Clerk, Plainview, Texas~ M. B. Hood M. B. HOOD, Mayor Moved. by Alderman Cline and seconded by Alderman Stokes that Ordinance No. 720be passed (Airport Control Tower Warrants) The Motion Carried. ORDINANCE N0.__720 WHEREAS, the ~City of Plainview, acting in conjunction with Hale County, has heretofore made committments with the Federal Aviation Agency for the construction of' a cor. Ltrol tower at the Hale County Airport at an estimated overall cost of $70,000.00; and WHEREAS, the Federal Aviation Agency has revised the plans and specifications of the control tower and has made recommeddations for additions thereto which has now made the estim.~ted cost of the construc- tion of said control tower to be $120~000.00; and WHEREAS, the Federal Aviation Agency has appropriated and allocated money for the purpose of paying one-half of such costs, proviced and conditioned that the City of Plainview and Hale County, the co-owners of said Hale County Airport, will provide the other one-half of such costs; and WHEREAS, Hale County, the co-owner of said Hale County Airport has accepted the offer on the revised plans and the overall additional-cost and has appropriated and allocated sufficient funds to pay the county's share in the sum of $30,000.00; and WHEREAS, the City of Plainview, by Ordinance No. +'7~! , authorized and has issued warrants totaling $17,500.00 for the payment of its share of the cost on the original estimates; and WHEREAS, it becomes necessary, expedient, and advisable, as said control tower is now to be constructed, for the City of Plainview to accept such offer based on the increased costs and to appropriate and allocate sufficient funds to pay its portion of said additional costs in the sim of $12,~00.00, making its share of the total overall cost of $30,000.00; and WHEREAS, due to unusually large claims and accounts heretofore approved against the General Funds of the City of Plainview, it appears that there is not sufficient balance in the General Funds to pay such additional costs; and WHEREAS, it appears that the General Funds will be wholly inadequate to meet and pay the City's portion of such additional costs of project; and WHEREAS, It appears advisable and e×pedient that time warrants be authorized, payable serially over a period of not to e×ceed five (~) years, be issued and payable out of the General Funds of the prupose of paying for the additional costs of such project. NOW, T~REFORE, BE IT ORDAINED BY TP~E CITY COUNCIL OF THE CITY 0F PLAINVIEW, TEXAS: SECTION l: That the offer made by the Federal Aviation Agency of the United States Government to pay one-half of the overall costs of th~ construction of a control tower at the Hale County Airport be accepted and that the City of Plainview pay its one-fourth of suca costs. SECTION 2: It is found and determined by the City Council that the estimated cost of the construction of said.control tower as shown by the revised plans and specifications t~ereof, is $120,000.00 and that Hale County, the co-owner of Hale County Airport, has accepted such offer and has appropriated sufficient funds to .pay its portion of the costs, that is $30,000.00, and that the City of Plainview's portion of the cost of construction of said control tower is $30,000.00° SECTION 3: The City Council finds and determines that it has herete- fore issued time warrants in the sum of $17,~00,00 to be used toward the payment of such costs and that the additional costs of $12,500.00 should be paid out of the General Funds of the City and that the General' Funds are wholly inadequate at this time to bear such additional costs and that it is expedient and advisable that time warrants be issued payable serial- ly over a period of five years and finally maturing December 15, 1964, and to bear interest at 4%, payable annually. SECTION 4: The City Council finds that Legal Notice has been given and published in the manner and for the length of time required by law, of the City's intention to issue said warrants, and that no objections or protests have been made or filed with the City Council to the issuing of said wagrants. SECTION ~: That said warrants be numbered from 1 to 10, inclusive, and each be for the sum of One Thousand Two-Hundred fifty and no/100 d .'.~. dollars (~1,250.00), and warrants 1,3, 5, 7 and 9 are to be payable to the City National Bank of Plainview, Texas, and warrants 2, 4, 6, 8 and l0 are to be payable to Hale County State Bank, Plainview~ Texas; said warrants to be dated November l, 1959; and Warrants i and 2 maturing December 15, 1960; Warrants 3~ and 4 maturing December l~, 1961;. Warrants 5 and 6 maturing December 15, 1962; Warrants 7 and 8 maturing E~cember l~, 19~3; and Warrants 9 and l0 maturing December December 16, 1964; and payable out of the revenue of the general funds of the 'City of Plain- view; and that the form of said warrants should be as follows, to-wit: CITY OF PLAINVIEW WARRANTS $1,2 0.00 STATE OF TEXAS NOVEMBER 1, 1959 TO: The City Treasurer of the City of Plainview: r~.~..~ On December 15, 19 , pay to ~the o~der of BANK, PLAINVIEW, TEXAS, the sum of One Thousand Two-Hundred Fifty and no /l'00 Dollars ($1,2~0.00), with interest thereon from date at tf~e rate of four per cent (4~) per annum, the interest payable annually to be paid out of the General Fund being duly authorized by Ordinance No. of the City of Plainview, enetered and passed November 16~ 19595 the City Council, by its proper order, having duly am~hlegalIybte~ied~and~.., assessed a tax for 1959, sufficient in amount for the purpose of paying off and discharging the principal and interest of this warrant and levy- ing such tax sufficient in the amount for the purpose of paying off and discharging the principal amd interest of this warrant annually there- after. The full faith and credit of the City of Plainview, Texas, is pledged for the payment hereof, both principal and interest according to the reading and effect hereof. IN TESTIMONY WHEREOF, witness the name of the City of Plainview by its Mayor and duly attested bY the City Clerk under seal of the City the day and year above written. CITY OF PLAINVIEW ATTEST: MAYOR City Clerk, City of Plainview SECTION 6: That a tax levy for the year 1959 of one-half of one cent on ~he one hundred dollar valuation of the taxable property in the City of Plainview is hereby levied for the purpose of creating a fund to pay off and discharge the principal and interest of aaid warrants and that a tax levy is hereby made .foreach and every yemr hereafter, in suffiCient sums to pay off and discharge said. warrants as they mature. SECTION 7: It is the order of the City Council~that each of said warrants shall be signed by the Mayor for and on behalf of the City of Plainview, under its seal. PASSED, APPROVED ~ AND ADOPTED this 16th day of November, A. D. 1959. ATTEST' P. H. City of Plainview, City Clerk M. B. Hood Mayor Ts×ss Rescue Training School Texas Ac and Mo College System College Station, Texas November 13,, 1059 This is to certify that HOYT W. CURRY attended' the Light Duty Res~cue~ Course, Number' 8, of the. Texas Rescue'~ Training School~ conducted by the Firemen's Training School, Texas A. and M. College System~ with the Governor's Office, Division of Defemse and DisaSter Relief, and the Texas Education Agency, cooperating. The length of the course was 43 hours and ran from November 2 through November 6, 1959, inclusive° It was sponsored by the State Firemen's and Fi~e Marshals' Associati~no The course content included: Orientation of Combined Rescue Operations InSPection of Rescue Street and Facilities Squad Organization Uses of Tools for Rescue Squads Handling of Rope and Wire Cable Fire Control and Extinguishment Handling and Care of Ladders Care and Use of Gas Masks Handling o~ Casualties Stretcher Lashings Reconnaissance and Location of Casualties Rescue From Heights and Basements Shoring, Bracing and Breaching Walls Use ef Lifting Devices Planning a Rescue by Stages Surveying Damage and Condition of Buildings Methods o£ Instruction C~mbined Rescue Operations (Night Exercise) Physical facilities were prowided by the State of Texas with the assist- ance of the Federal Civil Defense Administration and the A. and Mo COllege of Texas° Sinc@rely yo. urs,' Henry I~ Smith, Chief Firemen Training HDS/nvd Moved by Alderman Cline and seoonded by Alderman irby, that Ordinance NO. 721 be passed. ( The Motion Carried. ORDINANCE NO. 721 'Ordinance Ratifying and Confirming Contract and Authorizing-Issuance of "cITY OF PLA!NVIEW, TEXAS, R0~D MACHiNEHY WARRANTS". DATED JANUARY 18~ 1960 THE STATE OF TEXAS, COU~Tf OF ~ALE, CITI OF PLAiN~JIEW On this th~ 18th day of January, 1960, the City CotLucil of the City of Plainview, Texas,.convened in regular session, at the regular meeting Place thereof in the City Hall, there being present and in attendance the following members, to-wit: M. B. Hood--Mayor GeorgeL. Taylor, W. H. Irby, C. B. Cline, and Alvin Stokes ALDERMEN. md with the following absent: T. S. StaPleton, constituting a quorum, and among other proceedings had, were the following. ALDERMAN C.B.Cline,Jr. introduced a proposed ordinance, and made a motion that any ~ule requir- ing ordinances to be read at more than one-meeting be suspended. The motion was seconded by Alderman W; H.-"Irby and carried by the follOwing V°te:AYERS': Aldermen'TaYI0r~, Irby, Cline, and Stokes NOTES: None. ALDERMAN C.B. ClineJr.made a motion that the ordinance be' passed ~inally, The motion' was' seconded by AldeEnan W. H. Irby and carried with the following vote: AYERS: Aldermen Taylor, IrbY, Cltne, and Stokes. NOES: None. The Mayor announced that the~0rdinance had been finally passed. The Ordinance ~is as follows: "An Ordinance by the City Council of the City of Plainview, Texas, ratifying and confir~ning contract by and between the City of Plainview, Texas, and West Texas Equipment Company, a corporation, dated October 16 1959, providing for the issuance of interest bearing time warrants payable to contractor Or bearer, for the pu~pOse~of paying a portion of the cost of certain ~oad machinery; enacting provisionS~incident and relating to the Ordinance; and~.declaring an emergency~ WHEREAS, heretofore, to-wit, on. the 7th day of September , 1959, the City Council of the City of pl~ nview~-~exas, passed and adopted ~hat certain Resolution authorizing the Mayor to advertise for bids for the purchase Of ~oad machinery and equipment, and giving notice of the City's intention:to~urchase Said equipment, and asking for bids on said equip- ment, and giving the SPecifications and the description of the trade-in allowance to be taken in by each bidder; and which Resolution and motion is duly recordedin the Minutes of the City Council, and WHEREAS, the'City Council has duly ascertained and determined that the notice prescribed by the aforesaid Resolution was duly issued and ~lish- ed in the~Plainview Daily Herald, Which is a neWspaper ~f general circulation a~ published~fn the City of~Piainview, Texas, on the follow- ing ~ates, t0~it: September 9, 1959 and Septembe~,16~ 1959, THE DATE OF the first'~UBlication being"at ~east fourteen days P~toP to-SePtember 25~ 1959, ~hiCh.is th? date stipulated in'~the afore4aid Resolution a~d no'ice fSr c°nsiderabion of p~oPosals of bids; and WHEREAS, it was provided and stipulated in such notice that sealed prqposals would be received until 5:00 P,M., on the 25th day of S~ptember '~ AT WttICH TIM~ SAID PROPOSALS WERE TO be publicly opened and read; and WHEREAS on the 25th day of September, 195~, the CSty Council received bids an~ proposals based UPon said notice~.m~entioned above and the specifi- cations therei~ contained; and ~ WHEREAS, proposal was submitted by West Texas Equipment Compaq, a corporatio to sell and~fu~nish to the City of Plainview the road machinery hereinafter described~in said proposal at the prices and figu~es contained in said proposal, which was as follows: New Caterpillar No. 955 Traxcavator Series~'C 60" Guage 70 H. P. Diesel Engine,~ Equipped with Crankcase Guard, Hood Side Doors, Track Roller Guards, Blov~e~Fan, Full-flow HydrauliC"Oil Filler 15" Triple Grouser Track, l~L(0ne and 0ne-Half) Cubic Yard'.BuCket, 2M2936,24 Volt Electric S~rttng, 2K4819 Bucket Teeth. Weight 20, 270 lbs. F 0 B Plainvi w, Texas $16~514 00 Less: Trade-In Allowance fo~ Used IHC TR*9 Tractor-., Se~al No. 55017 with Drott Loader 3~06~ 00 Net Difference ~ $13,450 00 New "Caterpillar~ No. 4~Ripper, 2E1~726 Arrgt. with 2K6071 Hydraulie Valves and New EnClised Steel Cab With safety-GlasS, and taking in Trade Used DrOtt Ripper~ md Used Steel Cab TOTAL net Difference Due .............................. ~14,~.00;and ~E~AS, the City C~ctl afte~ considering all bids, accepted t~e aboVebid of. the~Wesb Texas Equipment comply, a corporation, as the lowest ~d bes~ bid,~ ~d entered tinto an agreement with the said West Texas Equipment Comply to purchase said equipment ~d to pay ~therefor upon deliver; ~d b . ~R~S~ b~cause of the steel strike and other inte~ening matters eyonc ~e control of the Wes~xaS Equipment comply, final ~deliv~ry cO'id ~n t 'be.ma ~ i s c ~ t~t w s e et ~ ~e~d ~ ' ' - f re o t~ cted' a corporation, that upon final d~ltVery, the said West Tex~s Eqm~m~nt Comply ~o p~chase said equipment ~d t9 Pay t~erefo~e upon delivery; ~ WOULD be paid in cash the ~o~t 0f $4,635.00 AND THAT the bal~ce of $9,900.00 to be evidenced by the issuance of timewarr~ts~ of.~the City of Pl~nview, pay~le in one, two and three ~eAr~;.. said~Wa~rAn~s t° be sis ih s~$e~ ~d each of the ~o~t of $1,650.00 ~d to bear ~terest at four per cent Pe~~, interest payable ~u$11y; ~d ~ ~AS, the City Co~cil finds that said road machine~ and road e~uipmenb abo~e described has now been delivered,.~hat s~e isUin s?.bisfaCt&~ c0ndition~d is acceptable to the City Co, oil, ~d the City Ce~cil~ne~..acce~ts delivery of ~said road maChinerY ~d equipment CompanyI i~ oash the ~ of $4,63~,00~Ed ~- WGE~AS, the City Co~cil of the City~ of Plainview finds that~.~the City' of PlainView is a city which, according ~o the last preceding Federal Census. has a population in excess of 5,000. pOpUlation ~d less th~ 25,000 Dopul~tion, ~.d ~that therefore, ~de~ the te~s ~nd p~ovistOns of Section 5~ of Article 2368(A) of the Revised Civil StatUtes, ~ha~ i~ has aUt~i~Y'~° issue time~ .Warr~bs in ~y one year not to exceed th~. smm of $10,000y00;~d ~ Co~cil of the City of Plainview finds that pass~e..~of~ this 0rdtn~ce, issued nor authori- zed~ the issuance 02 ~y t~e watt,ts during the year 1960, th~ current calen~ year; ~d ~ appearing to the O~tty~-Counci! that all prere- a legal, bind~g~ and subsisti~ contract have been complied ~ith, and ~hat the _said~Nest ~Texas Equipment Comply 'have c0m~lie~ wi~h ~hei~ .pr~PSsal~o f~nish th~' road equipment in accor~ da~e~ wm~bh~.said.centract, andpursu~t thereto, the City o~ Plainview ~as~ p~td t0 the said West Texas Equipment Company the s~ of $4,635,00 ~ ~cash,~d ~t~t ~there is a bal~ce due and oWing~he said west Texas ~o~t of $~ , and that ~der the p ares p~o~ided.~ ~c. le 2368(A)~R. c' S.) i~t is not necessary for~the Cit~ give notice nor the right to refe~end~ aS Provided inSections 2,3,~ ~d~4 of said Article the Plainview has the right to issue time warrants evidencing Said inde b- tedneSS to ~he West Texas ~q~iPment Company in the amount of $9,900.00; Now, Therefore: BEFIT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF PLAINVIEW~ TEXAS? SECTION t: That the contractmade and entered into ~y and ~. Equipment. company, a corporation, and the City .~'hereinaboV. emrefe~ed to, is hereby ratified and ~ co~firmed and~adop~ted..and, declared to be the legal contract of'the City of Plainview and to have effect according to its tenor ahd purpose and as the Official act and deed of the City 0f PlainView,. Texas, and that same Shall be binding upon the parties hereto. --- ~Section 2: That pursuant to the aforesaid contract', the said West T~e~as~~pment ~ompany h~s delivered ~to the City of Plainview the:speci~ie.d equipmen~ as se~ ~o~rth ins~id c'bntract and proposal of th~ said. ~est Texas .Equipment Company hereinabove referred to. T~same is~%n proper condition adn i? acceptable to the City of Plain- vie.w, all of' which the ~aid'Ci'ty coUncil 'So 'finds'. : That the City of PlainView is a city of more that ~U-~-~Ulation and less than 25,00 population according to the last preceding Federal and has not, during the Calendar year 1960, issued time warrants of any kind. _ Section 4: That pursuant to the aforesaid contract, there shall.be an.~tYhepe is hereby ordered ~o be'issued under and by virtue ef the Constitution and the laws of the State of Texas, the warrantS'of said City in t~e principal amount of Nine Thousand~ Nine Hundred a~d No/100 Dollars ($9,900.00) to be know. as "City of PLAINVIEW, ~ TEXAS, ROAD MACHINERY AND EQUIPMENT W~RR~NTS" .dated January 18, 1960, with numbePs, enom~nations and maturities as hereinafter stated. .... Section~5.. :_ That' said warrants shall be numbered COnsecutive- ly 0ne(l.), T~o (2),~Three (3), Fou~ (~, Five (5), and Six (6); ~~b~Lil~z~n~n~_gf 0n~_i. Th~u~ Six HUndred Fifty and ~L~~'~.~'"~,o~o~} ~c~,..and.s~aI1 ma~ure serially withou~ sechedule:~m~zo ox ~,rmor reGemp~mon, zu accordance with the following W~RRANTNUMBERS One and TWO .... Three and Four Five and Six MATURITY DATES " January 18,~-].96~ January 18,i96~ "' january 18, 1'96 EAch of said warrants mtO be in the amount of 0nO'Thousand Six Hundred Fi2ty andNo/1OU Dollars ($1,6%0.00). seo'~ion 6: That said warrants shall bear in~erest from date until pafd~'a%the rate of Four Per oentum (~5,) per annum,~ payable' on January I~, 1961, an~ annua11~ thereafter on January iSth of each year. Section 7: That both principal of and in~erest on said war- rants sha~l"'be payable in laWful money of the United States of America, w~hout~exc.hange or collection charges to the holder or owner, at the City National Bank of Plainview, Plainview, Texas, or a~ the option of the holder thereof, at the Hale County State Bank, Plainview, Texas, upon presentation and surrender of proper ~arrants or interest coupons. .at each of said warrants Shall be signed by the Mayor, ~igned bY %he City Clerk and registered by the City T~easurer, and the corporate seal of the City of PlainView, Texa~, shall be impressed upon each of them. Sectio~ 9: That the form of said warrants'shall be subs- tant~ally .a~ ?~ll°Ws: NO. UNITED STATES OF AMERICA $1,650.00 ~state of Texas County ~f Hale CITY OF PLA~N¥IE~,', TE~S ROAD_ NACHINERY AND EQUIPMENT WARRANT This is t° certify that FOR VALUE RECEIVEt)~ T~E CITY OF PLAIN¥IE~'~ a,L~municipai corporation of the State of Tex~s, is just- ly indebted to'and hereby obligates itself ~0 pay to EST TEXAS EQUIPMENT COMPAI~Y, a Corporation, or bearer,.onthe 18th day of Januar~y, 1960, at the City National Bank of~P!ainview, Plainview, Texas,. or a~he option of ~the holder at ~he Haie County State Bank, Plain~iew,~-Texas, the PrinCipal 'sum of One Thousand Six Hundred Fifty a~d No/100~ Dollars ($1,650.00) inlawful money of the Untte'~ states of America, w~th interest ~hereon from the da~e hereof~untiI~paid at the rate of Four Per Centum (4%) per annum, ~evidenced by coupons attached here~o~ payable on January 18, 1961, and~annually thereafter on' January 18th Of each year; and'the TreasUre~ Of said City is hereby authorized and d~rected to pay said contractor or bea~er, said PrinciPal sum, together with interest theregn, payable at the paying agency named aoove, without exchange o~ collection charges ~to the owner or holder, out of and from moneys belonging to the "Special Road Machinery and Equipment ~arrant Fund" created for that purpose.~o THIS WARRANT isone or-va seriRsof six (6) Serial warrants. n~mbered One (I)..TWo.(2). Three ~3). Four (4). Fi~e-(5). and Six in den0min&tion of one ($1,650.O0),aggregatt~Ous~a~ding Six H~dred Fifty and No/lO0 ' the principal amount of Nine Thousand Nine Hundred and No/100 Dollars ($9,900.00), orginally issued by the City .Of Plainview, Texas, for the purpose of paying a portion of the cost of certain road machinery and equipment in accordance with contract made hud executed under and by virtue of the Consti- tution and laws of ~he State of Texas, and pursuant to an ordinance duly passed, and adopted by ~e City Council of said City, and o~ record in the Minu~es of said City Council. AND IT IS HEREBY CERTIFIED, RECITEDAND~REpRESENTED'that all ac~s, conditions and things required to be done precedent to and in ~he issuance of this warran~ and of ~he series of which i~ is a part, to render the same valid and legal, have been properly done, have happened and have ~be~n perform~ed in regular and due ~i~e, from and manner, as required by law, ~hat due and proper provisions have Deen made fo~ the levy of a direct and continuing ad valorem tax against all taxable prope~y within the City in amounts ~E~x~$~$~~$x sufficient to provide a sinking fund for the ~demption of said warrants a~ maturity; and for the payment of all interes5 ~hereon as same accrues; that the City has received full value and consideration for said warrant, there being no warrant- les concerning the perfoEuance of the contract for which this warrant was issued which~have n 0t been fulfilled in all particulars by the contractor, and that the total indebtedness of said City, tn~lud- lng this warrant and the series of which it is a part, does not exceed any constitutional or statutory limitation. IN ~TESTIMONYWHEREOF, the City of Plainvi&w, Texas, by its City Council has caused its corporate seal to be affixed hereto and this warrant to be signed by its Mayor, countersigned by its City Clerk, and, and registered by its City Treasurer, and the interest coupons hereto attached to be duly executed by ~he Mayor and City 'Clerk; the date of this warrant, in conformity with the ordinance above referred to, being the 18th day of Januar~y, 1960~ ' M~YOR City of Plainview. Texas COUNTERSIGNED: .... C~Z CLERK" City of Plainvi~w, TeXas REGISTERED: This~ the , ,, day of .... . 1960, '~ ~¢iTYT~EASURER' City of Plainview, Texas SECTION 10: That the coupons evidencing the interes~ to accrue on each~o'f said' warrants shall be substantiall~ as follows. N0.~ · ON THE 18th DAY 0~ JANUARY $66,00 ~ the C--~ 0F PLA!~V~EW, a munz~ipal co~poration of the~State of Texas, hereby promisest~ pay to WEST TEXAs EQUIPMENT COMPANY, or bearer, at the option of the holder, at the Hale County.~State Bank,~Plainview, Texas, the sum of .................. '--SiXTY*SIX ~D'.N0/100 .......... DOLLARS ($66.00-,---), in laWfulxm~x money~ of~ the United States of AmeriCa, without exchange, or collection charges to the owner or holder, said sum being Twelve (12) months~ interest due that day on "CITY OF PLAINVIEW, TEXAS, ROAD MACHINERY~AND EQUIPMENT WARRANT", dated January 18, 1960. Warrant NO. . " 'OITY CLERK .... MAYOR SECTION II: That the following certificate shall be printed on the back of each warrant: ASSIGNMENT over ASSIGNMENT . ~ ~ THIS IS T0 CERTIFY that WEST~TEXAST EQUIPMENT COMPANY, a cor- poration, contractor, has received the within warrant from the City of Plafnview, Texas, in payment of the amount due by said City to said Contractor by virtue of the valid and subsisting contract enteredinto by and between said Contractor and said City on the 16th day of October, 1959, and FOR VALUE RECEIVED, the said Contractor hereby transfers, assigns, sells and delivers to bearer, without recourse, all of his ~right~ title and interest in and to the within principal warrant and interest thereon, and the said bearer is hereby subrogated to all claims, liens, rights and title whether at law or in equity which are or maymbe secured to the said Contractor in the aforesaid contract, and the bearer hereof is authorized to collect the same and give full receipt and acquittance therefore. WEST TEXAS EQUIPMENT COMPANY BY: Its President SECTION 12: That said warrants _shall b~ executed and delivered by.the Mayor, City Clerk and City Treasurer to the said West Texas Equipment Company, a corporation~ in accordance with this ordinance as passed, and it is so ordered by the City Council. ~ SECTION~13: BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: That-'a Special fund to be designated "Special Road Machi- nery and Equipment Warrant Fund" shall be, ~and~ same is hereby provided an~est~blished; and the proceeds of ~al~ taxes collected for or on a~'~0~t of this series of warrants~' shall be credited to said fund for ~he purpose of paying the intereS$~on and to provide a sinking fund for the redemption of said warrants at maturity~ and said fund shall be used for no other purpose; that, while, said warrants, or any of them, are oUtstanding.and unpaid, there shall be annually levied, assessed and collected in due time, form and manner a tsx upon all taxable property in the City, sufficient to pay the current interest thereon and to create a sinking fund sufficient to pay each installmen$ of principal as the same becomes due; and to pay the interest~'~on said warrants for 'the firSt~yea~, and to create a sinking ~ fund ~ wi th which to pay the principa~l'~as the same becomes due there ts~h~reby levied a sufficient tax"on each one hundred dollars' valuvation of taXable property in said City for the current year-and the same shall be assesse~ ~snd collected and applied to the put-pose named; and while ~S~i~ warrants or any of them are outstanding and un- paid, a tax each year at a rate from year to year as will b e 'ample and sufficient- to provide funds to pay the current interest on said and to provide the necessary sinking fund, full lng made for delinquencies and costs, of collection, shall be android'S 'hereby levied for each year, ~espectively, while said warran~sJ,~or any of them, are outstanding and unpaid, and said tax shall' each year be assessed and collected and applied to the payment of the. principal of and interest on said warrants. The City CoUncil here~-~ declares its purpose an.d intent to provide and levy a ta~ legally and~ fully sufficient for such warrants, it having been determined that the existing and available taxing authority of the-"City f~r such purpose is adequate to permit a legally sufficient ~x 'in consideration of all other outstanding obligations. PASSED AND APPROVED, this the 18th day of January, 1960. ATTEST: ~'~ ~ ". '~L ~NAYOR City of Plainview, Texas 'CIT~ CLERK ..... City of Plainview, Texas APPROVED: CITY~ ATTORN~ ~ City .of~Plainview~ Texas- Moved by Alderman Taylor seconded by Alderman Cline, that Resolution on paved bt. adopted. THE MOTION CARRIED RESOLUTION DECLARING PUBLIC NECESSITY FOR THE IMPROVEMENT OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAINVIEW, TEXAS, SPECIFYING THE NATURE AND TYPE OF SUCH IMPROVEMENT, ESTEBLISHING THE MANNER OF EFFECTUATION AND METHOD OF PROCEDURE THEREOF, DESIGNATING AND SEPARATING UNITS OF WORK. ALLOCATING DIVISION OF PAYh~NT OF COST, PROVIDING RULE FOR. APPORTIONMENT OF COST, FIXING TIME, TERMS AND CONDITIONS OF PAYMENT 0FCOST AND PROVI~ DING AND DEFINING ASSESSMENTS THEREFOR, SPECIFYING NATURE OEassess- MENTS THEREFOR, SPECIFYING NATURE.0F AESESSMENT LIENS AND PERSONAL LIABILITY, PROVIDING FOR ISSUANCE AND PROVISIONS~0F ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESSMENT FOR COSTS, AND DIRECTING THE CITY ENGINEER TO PREPAP~E PLANS AND SPECIFICATIONS FOR-THE IMPROVEMENT OF DESIGNATED UNITS AND TO PUBLICLY ADVERTISE FOR SEALED COMPETITIVE CONTRACT BIDS WITH SPECIFIED CLAUSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: That public necessity exists and required that the following portions of the designated streets in the City of Plainview, Texas, shouls be improved, as herein provided, to-wit: UNIT NO. 1: ~ll'of that portion-of Broadway Street in the Townof Plainview,' Hale County, .Texas, and described as follows: ) ~ t · Eat de f sa Broadway Street from th~ South side ~ No~econ~ S~e o9 Nor~ Becond Btreet South to'the South side of South Tenth Street. (B) On the West side ef said Broadway Street from a point 300 feet South of North Se~$nd~'~Street South to the South side of South tenth Street. UNIT N0. 2: All of that portiOn of Second Street in the Town of Plain~'~ew,-Hal· CoUnty, Texas, and dwscrtbed as follows: (A)~ From the Wes~ side of Austin Street to the East s~de of Columbia Street. II. That said portions of such designated streets~shOuld be improved by raising, grading, lowering and filling same by installing concrete curbs and gutters, and where necessary to remove the oldpaving and storm sewers and drains, and by paying with the following type of material on specified foundation: UNIT NO. l: PREFERRED: The paving to be fifty-eitht feet wide of one 'and~on~-~&urth inch hot mix asphaultic concrete pavement on six inch compacted caliche base. The' aVing to be fiftY-eight feet wide of triple asphault ALTERNATE:~- ...... P surface on six tnch~'c°mpacted caliche base. UNIT NO. 2: pREFERRED: The paving to be forty feet wide of one and 0ne-fourth"inch hot miX asphaultic concrete pavement on six inch compacted caliche base. ALTERNATE: The paving to be forty feet wide of triple asphault surface.on six inch compacted caliche base. III. That the specified improvement of any-'specific Unit as herein designated, or combination of specific Units as herein designated, shall be initiated and effeCtuated b~ Ordinance draft%d in accordance with and in conformity to the procedure established and outlined in Chapter 9, Title 28' Revised Civil Statutes of Texas, 19~5, the terms and provisions of which have heretofore been adopted-~ the City ef Plain- view. IV. That the specific improvement of any specific Unit as herein designated Shall be separate and distinct f~om .~the improvement~ of any other such Unit, and the assessment, levied for such improvement shall be separate .and distinct from'the assessment levied in any other~ such Unit,-and the said ~mprovement and assessment for improvement in any specific Unit as herein designated shall not inter-dependently affect or be affected by the improvement or assessment in any other such Unit. The allocation of payment for the ~cific improvement of eachspecific unit~ as herein designated, mshall~ be as follows: l~L. Railways using, occupying or crossimgany portion of a Specific Unit as herein designated to be improved, shallops.be assessed for and shall pay for the entire cost of such improvements in the area between~ their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof~. 2. (A) The abutting property and the owners thereof of Unit No. I as .herein designated to be improved, altered'deduction of the sum. to ~e paid by Railways under Sub-paragraPh i above, shall be assessed and shall pay for thirty per dent (30%) of the cost of such improvement. -' ' ~ ~ (B) THe 'abutting property and the ownerx Shereof Unit No. 2 as herein designated to be improved, after-deduction of the sum Go be paid by Railways under Sub-paragraph I above, shall be assessed and ~hall pay for seventy-five per cent (75%) of the cost of such t~provement-. '. ..... (C) Im"~¢0nnection with the above assessmen~~, should it appear at the hearing to be held before the final assessment is ~ade, that'~ the special benefits to such property by way of enhancement of value thereof by virtue of such improvement (to both Un~t~No. I and Unit No. 2) will not aggregate such proportion of She cost specified above, then there shall be assessed an~'~HaI1 be paid by~ such abutting property and the owners thereof a lesser amount, mot to exceed~the benefits of the said improvement. ~ 3~ The City of Pla!nview, after deduction of the sum assessed against Rai~lways, under Sub-paragraph l, and after deduction of the sum assessed against the abutting prOper~ and the owners thereof, under Sub-paragraph 2 above, shall pay~he remaining cost of the said lmpPOvement. ~ ..... That the part of the cost of the specified improvement of each specific Unit as herein designated, which may b~ assessed against abutting property and owners thereof~ sh~ll be apportioned among the parcels of abutting property and owners thereof in accordance With the Front Foot Plan or Rule. ~ 1. In connection with the above apportionment, Should it appear that ~he application of the above plan or rule would, in the opinion of the City Council of Plainview, in particular cases 'result i~ injustice or imequality,' the said Council shall apportion and assess said costs in such proportion as it may deem Just and equitable, having in view the special benefits and enhanced value to be received by such parcels of property and owners thereof, th$ equitttes of such owners and the adjustment of such apportionment, so' as to produce a~ubstantial equality of benefits received and burdens imposed. YLL. . That th~time, terms and conditions of payment 'of the amounts to be~asses~ed~and to be paid for the specified improvement of a specific ~it~as herein designated shall be'as-follows: J lo The amounts assessed against and to be Paid~JSy Railways for such improvement~in the area between their~rails and tracks, double tracks, turnouts and SWitches, and two feet on each side thereof, shall be paid on estimates or statements, on or before l0 days, after completion of the specified tmpro?~$~% ~f the specific Unit-as herein designated, and the acceptance of ssme as satisfactory by the ~l~ of Ptainvfew, ~nd such smoun~s so assessed shall bear interest from--~that date until, paid at. the rate of 6% per annum. 2. The amounts assessed against against and to be paid by the abuttin~ prpperSy and the owners thereof for such improvement shall be Paid in three equal installments, respectively due as follows: The second installment shall be due and payable one year after the first installment is due aud payable; and The third i~stallment shall be due and payable two years after the first installment is due and payable; and all such amounts so assessed shall bear interest annually from the date the first installment is due and payable until paid at the rate~ of 6% per annum. (A) In connection with the installment payment of the above assessments, it shall, in addition, be provided that default in payment of any installment~ or interest when due, shall at the option of the holder of such obligation, mature and render dme and payable the entire unpaid'balance os such obligation. VIII. That the amounts to be assessed and to be paid for'the specified improvement of a specific Unit as herein designated, shall be a first and prior lien against abutting property therein from the date such improvement is ordered by Ordinance as hereinbefore provided, and shall be a personal liability and charge against~the true owners of such property at said date, whether named or not. 1. The City Council of PlainView, ~exas, shall bause to be issued, in the name of the City, assignable certificates in evidence of assessments levied, declaring the lien upon the property and the liability of the true owner or owners thereof, whether correctly name or not, and shall fix therein the terms and conditions of such certificates. (A) The'~ove certificates shall recite substantially that the proceedings with reference to making the 'improvement therein referred to, have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the propert~t described in the said certificate, and the personal liability of the owner or owners thereof have been performed. (B) The above certificates shall be prima facie evidence of all the matters recited in said certificates, and no further proof thereof shall be required, and in any suit upon~any as&essment or re-assess- ment, in evidence of which a certificate shall have been issued hereunder, it shall be sufficient to'allege the substance of the reci- tals in such certificate and that such recitals are in fact true, and no further allegation with reference to proceedings relating to such assessment or re-assessment shall be necessary. 2. Such assessments shall be collectable with interest, expense of collection and reasonable attorney's interest, expense of collection and reasonable attorney's fee, if incurred, and shall be a first and prior lien on the property assessed, superior to all other liens and claims except State, County, SchoOl District and City ad Valorem Taxes, and shall be a personal liability and charge against said owners of the pro.perry assessed. IX. That the City Engineer is hereby directed to prepare plans and specifications for the specified improvement of Unit No. One, and Unit No. Two. as herein designated. 1. The City Engineer is further directed to publicly advertise for sealed competitive contract bids, based on such plans and speci- fications, addresse~ to the City of Plainview, with the contract to be entered into by and between the successful bidder therein and the City of Plainview to contain a clause sufficiently flexible in nature to enable the City of Plainview, at its option, with the mutual consent of the said contractor, to extend the said contract to eEhs~r the specified improvement of other specific Units, therein covered. This resolution sha~l be effectuated by Ordinances as herein prOvided, and shall be in force and effect from and after its passage, PASSED AND APPROVED this the A. D. '~19 60 . . 4~h ~ Day of .January ATTEST: MAYOR, C~ty of Plaln~iew CITY CLERK PETITION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVi~Y, T~XAS: Now comes the FRONTIER EQUIPMENT, INC., a Texas Corporation, acting herein by and through E. Reuel Nash, its President, hereunto duly authorized by resolution of the Board of Directors of such corporation, being the o~er of the tract of land here- inafter described, and the undersigned being all of the qualified resident taxpaying citizens residing in the area owned by the said corporation, herein called petitioners, and would respect- fully show to the Honorable City Council of the City of Plainview, Texas, as follows: 1. Your petitioners hereby represent to the Honorable City Council of the City of Plainview, Texas, that the Frontier Equipment, Inc. is the owner of that certain tract of land lying and being situated in Hale County, Texas and described as follows: Being out of the West one-half of Survey No. 40, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a bolt set in center line of U. S. Highway no. 70 when it intersects the East line of the West half of Section No. 40, Block JK-2,~and being the Northeast corner of a tract described in Book 124, page 402 of the Deed Records of Hale County:, Texas; THENCE South along center line of paved road and East line of West half of said Section No. 40, 350 feet to 5/8 inch steel rod, 1~20.~ feet North of the~East Southeast corner of above described tract; THENCE West 667.8 feet to a 5/8 inch steel rod under fence and in West line of the above described tract 46.7 feet North of a 5/8 inch steel rod at re-entrant corner of same; THENCE North 350 feet to the North Northwes~ corner of above mentioned~tract; THENCE East 667.8 feet to the place of beginning; SAVE AND EXCEPT the West 175 feet of said tract, which is presently owned by th~ Foxworth-Galbraith Lumber Company of Plainview. II Your petitioners hereby represent to the Honorable City Council of the City of Plainview, Texas, that they are all of the taxpaying, qualified voters residing in s~id territory and tracts of land hereinabove described and that said tract of land lies adjacent to the present city limits of the said City of Plainview, Texas. III. Your petitioners would further show that the said Frontier Equipment, Inc. purchased the tracts of land owned by it for the purpose of erecting thereon a business building to be used by it for a car dealership and other operations incident thereto. IV. Your petitioners will further show the Honorable City Council of the City of Plainview, Texas that the said tract of land above described is contiguous to the city limits of the City of Plainview, Texas and that said tract of land is assessible to sewer, water and electricity. V. Your petitioners further represent to the Honorable City Council of the City of Plainview, Texas, that said tract of land above des- cribed is suitable for Building sites and that it is desirable and expedient and for the best interest for said tract of land, its owners and residents and for the City of Plainview, Texas that said area be annexed to the City. ~HEREFORE, we the undersigned petitioners respectfully petition the Honorable City Council of the City of Plainview, Texas, that the said area, territory and tracts of land above described be annexed to the City of Plainview, Texas and b~ subject to all of its authority, ordinances, po~rs and g~vernmental functions. FRONTIER EQUIPMENT, iNC. BY: E. Reuel Nash i~s President ATTEST: ~arjQrie Lewis Nash Secretary, Frontier Equipment, Inc. P~ V. Cargill Norman McCall W. H. Freeman, Jr- February 1st, 1960, Moved by Alderman Irby second by Alderman Stokes that the petition be granted, and that Ord. #721 A be passed. The motion carried. ORDINANCE NO. 721 A AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY L~[ITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETER~ MINING THAT PETITIONS HAVE BEEN DULY SIGNEB, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. ~E~EAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview, to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: Being out of the West one-half of Survey No. ~0~ Block JK-2, Hale Counvy, Texas, described by metes and bounds a~ follows: BEGINNING at a bolt set in center line of U. S. Highway No. 70 when it intersects the East line of the West half of Section No. ~0, Block JK-2, and being the Northeast corner of a tracv describ- ed in Book 12g, page gO2 of the Deed Records of Hale County, Texas; THENCE South along center line ~f pave road and East line of West half of said Section No. ~0, ~50 feet to 5/$ inch steel rod, 1520.~ feet North of the East Southeast corner of above described tract; THENCE West 667.8 feet to a 5/8 inch steel rod under fence and in West line of the above described tract ~6.? feet North of a 5/~ inch steel rod at re-entrant corner of same; THENCE North '~50 feet to the North Northwest corner of above mentioned tract; THENCE East 667.8 feet to the place of beginning; SAVE AND EXCEPT the West 175 feet of said tract, which is pre- sently owned by the Foxworth-Galbraith Lumber Company of Plainview. and ~EREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident qualified tax- paying voters residing in said area have signed said petition; and WHEREAS,. the City gouncil finds that all of said area is contiguous 'to the present City L~mits of the City of Plainview, and that it is descriable, expedient and for the best interest f or the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW, TEXAS: SECTION 1: It is found and dete~ined by the City Council that the following described tract of land, to-wit: Being out of the West one-half of Survey No. ~0, Block JK-2, Hale County, Texas, d~scribed by metes and bounds as follows: BEGINNING at a bolt sen in center line of U. S. Highway No. ?0 when it intersects the East line of the West half of Section No. 40, Block JK-2, and being the Northeast corner of a tract describe~ in Block 12~, page 402 of the Deed Records of Hale County, Texas; THENCE ~uth along center line of paved road and East line of ~[est half of said Section No. ~0, 350 feet to a 5/8 inch steel rod, 1320.3 feet North of the East Southeast corner of above described tract; THENCE ~[est 667.8 feet to a 5/8 inch steel rod under fence and in West line of the above described tract ~6.? feet North of a 5/8 inch steel rod at re-entrant corner of same; THENCE North 350 feet to the North Northwest corner of above mentioned tract; THENCE East 667.8 feet to the place of beginning; Save AND EXCEPT the West 175 feet of said tract, which is present- ly o~ed by ~he Foxworth-Galbraith Lumber Company of Plainview; and all of which land lying and being situated in Hale County, _Texas and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2. It is found and determined that a majority of the qualified taxpay~ng voters residing in the above described area have duly signed a petition on file with the City Clerk petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of Piainview, Texas, and that said petition is in all respects regular and in compliance with Section 4 of the City Charter of the City of Plainview. ~~SECTION' ~ 3- It is found,~ determined and ordered by the City Council of the City of Plain¥iew, Texas, that said oetition in all things be granted and that the above described area b~ and the same is in all respects incorporated into and made a oart of the City Limits of the City of Plainview. SECTION 4. It is further determined and ordered by the City Council that the above 'described area from and after the effective date of the ordinance be subjedt to the control and jurisdiction of the City of Plain- view and Subject to taxes and other assessments which may be levied by _ law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED, this 1st day of Feb. _, 1960. Mi. B. Hood I M. B. HOOD, Mayor, City of Ptainview, Texa's ATTEoT: P. H. Bryan P~. H. BR~'AN~ City Clerk City of Platnview, Texas Moved by Alderman Taylor and seconded by Alderman Stokes that Ordinance No. 722 be passed setting policy on water furnished outside City Limits to correspond with Sewer Ordinance. The Motion CarrYd ORDINANCE NO, 722 An ordinance establishing and defending the policy of the City of Plainview, Texas, in regard to furnishing or suppling water out- side the city limits. Section 1 It is the ooticy of the City of Plainview, to furnish water connections-onl~ to property lying within the foundired of the City Limits of Plainview, Texas, howeFer, nothing herein shall effect, any existing water connections to the water system of the City Limits and existing at this time. PASSED AND APPROVED, this the 1st day of Febrgary, 1960. M. B. Hood 'M. ~. H~od, Mayor City of Plainview ATTEST: P. H. Bryan P. H'. Bryan, City Clerk City of Plainview Moved by Alderman '±~aytor and ~seconded by Alderman Cline that Resolution No. 720A be adopted. The Motion Carried. RESOLUTION NO. 720 A RESOLUTION DECLARING PUBLIC NECESSITY FOR THE iMPROV~4ENT OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAINVIEW, TEl[AS, SPECIFYING THE NATURE AND TYPE OF SUCH ~PROV~IENT, ESTABLISHING THE MANNER OF EFFECTUATION AND METHOD OF PROCEDURE THEREOF, DESIGNATING 'AND SEPARAT~ iNG UITS OF WORK. ALLOCATING DIVISION OF PA~iENT OF COST, PROVIDING ~ULE FO~ APPORTIO~'3iENT OF COST, Fi~ING TI~E, TERMS AND CONDITIONS OF PAYMENT OF COST AND PROVIDING M~D DEFINING ASSESS~;~NTS TH~.EFOR, SPECIFYING NATUREOF ASSESSMENT LIENS AND PERSONAL LIABILITY, PROVIDING- FOR iSSUANCE AND PROVISIONS OF ASSIGNABLE 'CERTIFICATES iN EVIDENCE OF ASSESSMENT FOR COSTS, AND DIRECTION THE CiTY ENGINEER TO PREPARE PL~:~!S AND SPECIFICATIONS FOR THE ~LoEOV~ENT OF DESIGNATED UNITS AND TO PUBLICLY ADVERTISE FOR SEALED CO?~ETiTIVE CON~{ACT BIDS WITH SPECIFIED C~USE. BE IT R~SO~ED BY THE C!~ COUNCIL OF THECITY OF PL~Vi~ TEIAS. 1. That public necessity exists and requires that the following portions of the designated streets in the City of ?lainview, Texas, should be imoroved, as herein provided, to-wit; ~NIT_ NO. t: Ail of that portion of Broadway Street in the To~ of PlaihvieW'/.Hale County, Texas, and described as follows: (a) On the East side of said Broadway Street from the South Side of North Second Street South to the South side of South Tenth Street. (b} On the ~st side of said Broadway Street from a poin~ 300 feet South of North Second Street South to the South side of ~outh Tenth Street. ~ All_of that p~rt~on of Second Str ' p · - _ _~ eet zn the Town of laznvzew, Male ~ounty, Texas, and described as follows: (a) From the West side of Austin Street to the East side of Columbia Street. 11. That said portions of such designated streets should be improved by raising, grading, lowering and filling s~me by installing concrete curbs and gutters, and where necessary to remove the old paving and storm sewers and drains, and bM paving with the following type of material on specified foundation: Pz~F.~RRoD.. The paving to he f'~z~ty-emght' feet wide. on one and one- f.°urth inch hot mix' asphaultic concrete pavement on six inch com- pacted caliche base. ALTERNATE: The Paving to be fifty-eight feet wide of triole asDhault surface on six inch compacted c&liche base. · ~ ~ UNIT NO. 2. R~FsRR~D.. The paving to be fortv~ feet wide of one and one-fourth' inch hot mi× asphaultic concrete pavement on six inch compacted catiche base. ALTERNATE- The paving to be forty feet wide of triple asphault surface on six inch compacted ca!iche base. 111. That the specified imDrovement of amy specific Unit as herein designated, or combination of specific Units as herein designated, shall be initiated and effectuated by Ordinances drafted mn accor- dance with and in conformivy to the procedure established and outlined in Chapter 9~ Title 28, Revised Civil Statutes of Texas, 1925, the terms and pro.visions of which have heretofore been adopted by the City of Plainview. iV. Tha% the s '~' pecm~mc improvement of any specific Unit as herein design- ated shall be separate and distinct from the improvement of any other such Unit, and the assessment levied for such improvement shall be separ- ate and destinct from the assessment levied in any other such Unit, and the said improvement and assessment for improvement in any specific Unit as h~rein designated shall not inter-dependently affect or be affected by the improvement o~ assessment in any other such Unit. V. The' allocation of payment for the specific improvement of each specific Uait as herein designated, shall be as follows: 1. Railways using, oc.cupying or crossing any portion of a specific Unit as herein designated to be improved, shall be assessed for and shall pay for the entire cost of such improvements in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. 2. (a) The abutting property and the owners thereof of Unit No. 1 as herein designated to be improved, after deductions of the sum to be paid by Railways under ~ph 1 above , shall be assessed and shal! pay for of the cost of such improvement. (b) The abutting property and the owners thereof of Unit No. 2 as herein des±~nated to be~Lmproved, after deduction of the sum to be paid by'Railways under Sub-paragraph 1 above, shall be of the assessed and shall pay for seventy-fi~.p~r cent. (7~)of the cost of such improvement. (C) In connection with the above assessment, should it appear at the hearing to be held before the final assessment is made, that the special benefits, to such property~ by~ way of enhancement of value thereof by virtue of such improvement (to Doth Unit No. 1 and Unit No. 2) will not aggregate such proportion of the. cost specified above, then there shall be assessed and shall be paid by such abutting property and the owners thereof a lesser amount, not exceed the .benefits of the said improvement. 3. The City of P!ainview, after deduction of the sum assessed against Railways, under Sub-paragraph 1, and after deduction of the sum assessed against the abutting property and the owners thereof, under SUb,paragraph 2 above, shall pay the remaining cost of the said improvement. VI. That the part of the cost of the specified improvement of each specific Unit as herein designated, which may be assessed against a- butting property and owners thereof, ~shall be apportioned among the abutting property and owners thereof in accordance %~th'the parcels of ~ront Foot Plan or Rule. 1. In connectio~ with the above apportionment, should it appear that the appliaatiOn of the above p~an or rule would~ in the opinion of the City CoUncil of Ptainview, in particular cases result in injus- tice or inequality~ the said Council shall apportion and assess:said cost in such proportion as it may deem just and equitable, having in view ~ the special benefits and enhanced value to be received by such parcels of property and owners thereof~ the equities of such owners and the adjustment of such apportionment, so as to produce a substantial equality of benefits received and burdens irapOsed. V~II. That the time, terms and conditions o~ payment of the amounts to be assessed and to be paid for the specidied improvement of a specific Unit as herein designated shall be as follows: 1. The amounts assessed against.and to be paid by-Railways for such imp?ovement in the area between their rails and tracks, double tracks, turnouts and switches, and'two feet on each side thereof, shall be said on estimates or statements, on or before 10 days, after comple- tion'of the specified impro%ement of the specific .Unit as. herein design- ated, and the acceptance of same as'satisfactory by-the City of Plainview, and such amounts so assessed shall bear interest from that da%e.until paid at the rate of 6~ per annum. 2. The amounts assessed against and to be paid by the abutting p~0perty and the owners thereof for such improvement shall be paid in three equal installments, respectively due as follows: The first installment shall be due and payable 10 days after the com- pletion of the specified ~mprov~nent of such Unit as herein designated and the acceptance of same as satisfactory by the City of Ptainview; The second installment shall be due and payable one year after the first installment is due and payable; and The t~rd installment shall be due and payable two years after the first installment is due and payable; and all such amounts so assessed shall year interest annually ~orm the date the first installment is due and payable until paid at the rate of 6% per ann~mm. ('a) In conn~tion With the ~ ~ '~, ~ ~ ~' nstallmen~ payment of the abo~e~ assessments, it shall, in addition, be provided that default in payment of any installment or interest when due ~h~!~ ~ ~-' -. ..... , ...... ~ ~ one o~mon af the hold- er of such ob!igation; maturs:-~:~¥fi~d~r-due and payab~ the entire unpaid balance of such obligation. - VIII. That the amoo_uts to be assessed and to be paid for the specified improvement of a specific Unit as herein designated, shall be a first and -~ri0r lien against abuvting property therein form the date such improvement is ordered by Ordinance as hereinbefore provided, and' shall be a personal imaomlzty and charge against the true o~ers of such property~ at said date, whetaer~ named or not. t. The City Council of P!ainview, Texas, shall cause to be issued, in the name of the City, assignable certificates in evidence of assess- ments levied, declaring the lien upon the property and the liability of the true o-w~er or owners thereof, whether correctly named of not, and shall fix therein the terms and conditions of such certificates. (a) The above certificates shall recite substantially that the proceedings with reference to making the improvement therein re- ferred to, have been regularly had in compliance with the law, and that all prerequisites to the fi~¢in~ of the assessment lien against the property described in the said certific~.te, and the personal liabi- lity of the owner or owners thereof have been performed. (b.) The above certificates shall be orima facie evidence of all the .matters recited in said certificates, and no further oroff there- of shall be required and in a~y suit upon any ~ , assessment or re-assess- ment, in evidence of which acertzfzcate' : ~ shall have been issued hereunder, it shall be~ sufficient to allege the substance of the recitals in such certificate and that such recitals are in fact true, and no further allegation with reference to proceedings relating to such assessment or re-assessment shall be necessary. 2. Such assessments shall be collectable with interest, expense of collection and reasonable ~attorney's fee, if~ incurred, and shall be a firs~ and prior lien on the property assessed, superior to all other liens and claims except State, County, School District and City a~ valorem taxes, and snai_~ ~ be a personal liability and charge against said owners of the property assessed. IX. 'Thav the City Engineer is hereby dmrec~ea' * ~ to prepare plans and specifications for the specified improvement of Unit No. One, and Unit No. Two, as herein designated. 1. The City Engineer is further directed to publicly advertise for sealed competitive contract bids, baser on such plans and specifications, addressed tO the City of Plainview, with the contract to be entered into by and between the successful bidder therein and the City. of Plainview to contain a clause sufficiently flexible in nature to enable the City of Plainview, at its option, with the mutual consent of the said contractor, to extend the said contract to cover the specified improvement of other specific Units, or combination of specific Units, herein designated at the bid price offered and accepted thereunder for the construction of the improvements of the Units therein covered. This resolution shall be effectua%ed bM Ordinances as herein provid- ed, and shall be in force and effect from and after its passage. PASSES AND APPROVED this the__4th Jay of .. Januarys__, A.D. 19 60. ATTEST: M. B. Hood ~!AYOR, Oity of'Plainview P. H. Bryan Moved by Alderman Taylor seconded by Alderman Cline that the following Resolution be adopted. The Motion Carried. A RESOLUTION '~ mT ~ ~ R.~SOLUI~ON RATIFYING, AP;:'ROVIi~G AND ADOPTING PLANS AND SRECIFiCATIONS OF ~Y'~ FOR TH ~,iPROV~'IENT OF UNIT NO. L THE CITY ~GINEER OF PLAiNVIE~[, ~~ ~;~ROV~E~T~ DIRECTING THE FILING AND UNiT NO.~ 2, DESIGNATED FOR e~ '~' ~ OF S~U~dE, AND RATIFYING APPJ<OVING AND ADOPTING REPORT OF THE CITY ENGINEER PUBLICLY ADVE~TiS'ING FOR S~LLED C~*~ aTITIVE CONTRACT BIDS. P~LA!NVI~w ~ BE.~!T RESOLVED BY THE CITY CQUNCIL O:F '~'~ 1. That the following r.eport of the City Engineer of the City of Plain~ew Texas, be, and the same is hereby, in respect to the matters and things therein cOntained, in entirety ratified, approved and adopted, to-wit: TO THE HONORABLE-CITY COUNCIL OF P~AIz~VIE~ ~.. In obedience to the directive contained in Paragraph IX of Resolution of the City council of Plainview, Texas, passed on the 7th day-of March, 1960, the following report of the action taken in the premises is hereby submitted: 1. The plans prepared for the specified improvements of Unit No. 1 and Unit No. 2, as in the said Resolution designated, are to this report attached and marked "~hibit A." 2. The specifications prepared for the specified improvement of' Unit No. 1 and Unit No'. 2, as in the said Resolution designated, are this report attached and marked "~xhibit B." 3. The following notice was prepared and published in the Plain- view Daily Herald, a newspaper of general and daily circulation, pub' lished in the City of Plainview, Texas, first publication of which was made on the 6th d~y of March, 1960, and there was thereafter one ii.cation made on the following dates; March 7, 1960; March 8, 1960; and Ma~ch '13, 1960; to-wit: ~"NOTIGE TO BIDD~S Sealed bids addressed to the Honorable Mayor and City Council of the City of Pla~view~ Texas., will be received at the office of the City Clerk at the City Hall until7.3' 0 P.M*, Monday, March 21, 1960, for furnishing all materials, equipment, supervision, labor, and inci- dentals for the construction of street improvements con- sisting of drainage structures, curbs and gutters, concrete valley gutters, flexible base, asphalt and a~regate wear- ing surfaces on streets in the City of Plainview, Texas. The bids will be opened smd publicly read by the Mayor and City Council meeting in regular session that night in the City Hall. The Mayor and City Council reserve the right, as the in- terest of the City may require, to reject any and alt bids and to waive all formalities. Ail proposals filed with the City Clerk ~ust be accompanied by a CaRhier's Check, Certified Check, or Bidder's Bond in the s~ of five (5) per cent of the total bid, payable to the City of Plainview, which check or guaranty shall be forfeited to the City of Plainview in the event that the successful bidder fails or refuses bond ~ a . to enter into a conor ct and give the required bond within tn~ required time. Proposals without check or Bidder's bond will not be considered. Each bidder must submit a statement of his experience, financia~ sources, equipment prior to the opening of the bid. The successful bidder must furnish p~rformance bond upon the form provided in the ~.o~t of t00~ of the Contr.act Price from an approved surety company holding a permit from the State of Texas to act as Surety, and acceotable to the City of Plainview. The wages which shall .aooly on this work shall be not less than the minimum establish~ rates for the various trades and crafts in this area. - ?~<i?.~.~:.~ .... - Plans and Specifications for this work may be obtained from theTexas.Office of the City Engineer at the City Hall, Plainview, City of Pla/nview (Owner) Submitted this the 2ts~ day of March, 1960. ~. R. Hogge City Engineer- II. ~74. R-~- City Engineer City of Plainview, Texas That the aforesaid "Exhibit A" and "Exhibit B~ to the report of the said City Engineer need not be entered in the minutes of proceedings of the City C~ncil of the City of Plainview, Texas, but the same shall be filed and kep~ in the office of the City Clerk of Plainview, Texas. iii. This resolution shall be in force and effecO-from and after its passage. PASSED AND APPROVED this the 21st day of ~rch, 1960, at a regular ~eeting of the City Council of the City of Plainview, and this resolution ms passed and approved prior to the consideration of any bids submitted to the City Council pursuant to said ~'Notice to Bidders.- ATTEST. m. B. Hood P · ~an CITY. C] Moved by Alderman Irby and seconded by Alderman Cline that the following resolution be adoo~ed. The Motion Carried. RESOLUTION RESOLUTIONAS. SERTINGm ~ CORRECTNESS OF O~REA~BLE~ AND DIRECTION THE MAYOR OF THE CITY OF PALINVIE~, TEXAS, TO ~EECUTE CONTRACT WITH BRYAN & HOF~?D.N A PARTNERSHIP COMPOSED OF W.~. ~ BRYAN AND C. L. HOF~[AN, PAVING CONTRACTORS AND SPECIFYING THE TE~S THEREOF. ~,n~m~o, the following notice was prepared and published in the Plain- view Daily Herald, a newspaper of general and daily circulation, published in 'the City of Plainview, Texas first publication of which was made on the 6th ~ay of March, 19~0, and'there was thereafter one publication made on the foltwoing dates; March 7, 1960; March ~, 1960; and,~rch~ 1~, 1960; to-wit: NOTICE ,TO BIDDERS Sealed bids addressed to the Honorable Mayor and City Council of the City of Piainview, Texas, will be rsceived at the office of the City Clerk at the City Hall until 7:30 P.M., MondaY, March 21, 1960 for zurnzs~zng all materials, equipment, supervision, labor, and incidentals £or the construction of street improvements consisting of drainaga structures, curbs and gutters, co2crete valley gutters, flexible vase, asphalt and aggregate wearing surfaces or asphaltic concrete wearing surfaces on streets mn the City of Plainview, Texas. The bids wilt be o~ened and pubic!y read by. the ~yor and City Council :Se ~moa ~h~t.night in the City Hall. The M~yor and City Council reserve the right, as the interest of the City may require, to reject any and all bids and to waive all formalities. Ail proposals filed with the City ~lerk must be accomp&ined %y a Cashier's Check, Certified Ckeck, or bidder's Bond in the sum ~ five (5) per cent of the of the total mmount bid, payable to the City of Plainview, which check or guaranty sahll be forfeited to the City of '~P!ainview in the'event that the successful bidder fails or refuses to enter into a contract and give the required bond within the required time. Proposals without check or bidder's bond will not be comsidered. Each bidder must. submit a statement of his experience, financial sources, equipment prior to the opening of the bids, The successful bidder must £uruish performance bond upon the form provided in the amount of 100~ of the Contract Price from an approved surety company holding a p~it from the state of Texas to Act as SUrety~ and acceptable to the City of P!ainview. The'wages which shall apply on this work shall be not !ess~.than the minimum established rates for t~he various trades and Crafts~in this~area. Plans and Specifications for this work may be obtained form the office of the City Engineer at the City Hall, Plainview, Texas. City of Plainview (Owner) Wm. R. Hogge ~ka. R. Hogge City Engineer WHEREAS, the following, specifications and special provisions are applicable to and a part of the~aforesaid advertisement for sealed proposals for the aforesaid oroject, to-wit: GENERAL o~Ci~ICATION $ 1. SCOPE OF THE W0gK. .This project shall consist of the construction of three drainage structures, removal of certain existing curb and gutter and existing pavement, construction of curb and gutter, valley gutter, flexible base and paved surface ?o~dway The project will be divided into two Units-of Construction: (ii Improvement of Broadway form North Second Street to South Tenth Street designat'ed as Unit No. !, and (2) Improvement or'Second Street form Austin Street ot Columbia Street designated as: Unit No. 2. 2 .UNIT NO. 1 - IIt,~I~OV~NT OF BRO~D~ ~Y This portion of the work shall consist of the lowering and.~widening of Broadway within the limits outlined above as shown on the Ptan~ and in accordance with the Detailed Specifications. The existing bridge structure snal.~_ be .extended as shovm an the Plans andin accordance with appropriate De~ailed Specifications. Bridge necasaary mix asphalt COn? to finish grade shown'on Plans or as directed by the Engineer to the edges of the right-of-way. Culvert No. 1 shall be eonsturmted complete as shown on the Plans including reinforced concrete pipe, concrete headwalis, and tamped backfill, all work done in accordance with. appropriate Detailed Specifications. . The shaping of embankments and drainage ditches adjacent bo the street section and iwthin the limits of the right'of-way is considered incidental to Item 5, ~oadwaM Excavation as listed in the Proposal, and the cost of all such shaping as indicated on the Plans shall be in- oluded in the unit price bid for Roadway ~caVation.. This portion of the ~k shall consist of the raising and paving and otherwise improying Second Street within the limits outlined abo~e as shown on the. plans and in accordance ~th the Detailed Specifications. Culvert No. 2 shall be constructed complete as shown on the Plans including reinforced concrete~pipe~ concrete headwalis, concrete spill- ways, and tamped backfill, al~'~'i~J'~dance ~th a~roDriate Detailed Specifications. .... ~. R~[OVAL OF EXiST~[G CULVERTS. The removal af existing culverts shall be done in such a manner as to salvage as much of the ~i~e as possible. Ail salvaged culvert pipe shall remain the property of the~City and shall be deposited ~eatly on City proper~y near the site of the work as directe~ by the Engineer. A. GEN 2RAL DETA~D SPEC!FI,C~,TIONS The Standard Specifications for ~oad and Bridge Construction adop6ed by the State Highway Department of Texas, January 2, 1951, as listed be' low are herewith made a pa~.t of these specifications, providing, however, that such Specifications shall be changed as set forth below~ and as.sho~ on the Plans, and further providing that all requirements set forth in the Plans, and fnrthese,~p~fi~at~onsa~a~-.~t~ke~prOcedence over require- ments set forth in the Standard. Specifications. The following StandardSpeczf~.catzons' ~ ' items apply to th~s project; item t - Definition of. Terms Item 10~ - Structural Excavation Item 106 - Embankment Item 202 - Sprinkling Item 203 - Rolling (Flat ~eel) Item 203A - Rolling (Tamping) Item 203 B-.. Rolling (Rnemmatic Tire) Item 211 - Flexible Base (Caliche) Item 300 - Prime Coat Item 306 - Three course Surface Treatment Item 3].7 - Hot Mix Asphaltic Concrete Pavement Item 350. - Asphalt, Oils, and Emulsions Item 351 - Aggregate for Surface Treatments Item ~02 - Concrete Structures Item ~O3 - Concret for Structures Item ~0'5 - Reinforcing Steel Item ~07 - Metal for Structures Item ~08~ - Paint and Painting Item ~12 - Reinforced Concrete Pipe Item ~15 - E~ctending Concrete Structures Item ~23 - Riprap Item 500 - Removing Oid Structures Item 51.1 - Concrete Curb Item 513 -Concrete Curb and Gutter Item ~15 - Concrete Sidewalks and Driveways item 516 - Steel Plate Guard Fence item 51~. - Removing Old Concrete Item 531 - Membrane Curing In addition to the above Standard Specifications, the following Special Specifications are included: Subozade Excavation and Preparation B. SPECIAL PROVISIONS REGJiRDING THE STANDARE SPECIFICATIONS The Standard Specifications referred to in Section A above shall be changed as set forth below. All other provisions of the Standard Speci- fications shall apply as written. 1. Item__! - De£inition qf Terms ~laenever the work "State" occurs in the Specifications, it sha!l~ be~ considered to mean the City of Plainview. ~henever the word "CommissiOn" occurs, it snal_' ] be considered to mean the City Council of the City of Ptainview. Whenever the word "Department" occurs, it shall be donsidered to mean the City of Plainview'~ and/or its authorized agents and Engineers. Whenever the word "Engineer" occurs, it shall be considered to mean the City .Engineer of the City of Plainview. ~"~2.'2 ~ ' ~ p~ , ~T, S _i ITEM 10~ - oTRUCTURaL m,,,CAVa_~0N Paragraph 102.7 is voided and the following substituted: This item is considered to be incidental to the work performed in constructing the structure for which it is required and no direct pay- ment for Structural Excavations as such will be made, but the cost of such work shall be invluded in the lump sum price bid for the structure for which the excavation is required. These costs shall include full om~pensation for all excavation and backfill including compaction; all soundings;'sinking all caissons; ¢~s~rue~in~gall~bo~ferdams; all un- watering; and for furnishing all matsriats., labor, equipment, tools, sheeting, bracing, cofferdams, pumps, drills, explosives, and incid- entals necessary to complete the work. ~... ~ Item 202- Sprinkling Paragraph ~02.~ is voided and the following substituted: Water shall be furnished by the City of Plainview at no cost to the Contractor. This item is considered to be incidental to the work and no direct pa~nent ofr~ sprinkling as such will be made. ~,.. Item 20 - ~o!lin (Flat ~Aeei) Paragraph 203.5 is voided and the following substituted: This item is considered incidental to the work and no direct pay- men% for rolling as such will be mede. 5- Item 203,A,,,-, }~o!!ing .(,Tamping) Paragraph 203A.5 is voided and,the following substituted: This item is considered incidental to the work and no dired% pa~ent for rolling as such will be made. 6. Item 203B- Rolling (Pneumatic Tire) Paragraph 203B. 5 is voided and the following substituted: This item is considered incidental to the work and no direct payment for rolling as such will be made. ?. Itg~ 211 - Flexmbte Base~(Cal!cn ) Paragraph 211.2. is changed such tm~t no payment for "Striping" as such will be indicated. ~'] Paragraph 211.3 is voided and the following ouos~mt~ted: M.a~erial Source The Comtractor shall produce the specified material from pits approved by the Engineer. It shall be the responsibility of the Contractor to secure the source for suitable material; to secure ingress and egress to and from the source; to~ determine to his own satisfaction that material in the requi~ed quantity is available; and to furnish the Engineer sufficient evidence that the material meets the requirements fo Parao~aph 211.2 of the Standard Specif- ications. The pit or oits, as utilized, shall be opened u~ on such a manner as to in~nediatety expose the vertical faces of all of the various strata of acceptable.material, and unless otherwise directed, the material shall be secured in successive vertical cuts extending through all of the exposed strata, in order that a uniform material is secured. Paragraph 2i1.~ is amended to include the following: The flexible base shall~ be constructed in two approximate!M equal courses unless otherwise permitted by the Engineer. Paragraph 2!1.~ is voided and the fol!~ing. substituted: Pa.yment No direct payment wit~-'be~.m'ade~.~:~o~the work perfo~ae'd and the mat- erials furnished under.thi-s item, b~t the cost shall be included in the unit price bid for the various types of wearing surface specified to be palced on the completed baser These costs shall include full compensa- tion for shaping ~nd fine grading the street; for furnishing all mater- ials; for all royalty and freight involved; for loosening or blasting, excavating, ~ ' ~ scr~enmno and.crushing;, for ioadin~ ~I~ materials; hauling and ~ ' ' ~ ~eizverzng on the street; for spreading, b!ading shaping, dragging, and finishing; and for alt manipulations, labor, tools, equipment, and incidentals necesaary to compte~e the work, ~ ' ~.` ite~_~]00 - Prime Coat The prime coat shall be applied to the completed flexible base as follows: Cut Back Asphalt, MC-i, shall be applied at the rate of 0.30 gallons per square yard, as directed by the Engineer. Paragraph 300.5 is voided and the following substituted: No direct payment will be made for the work and materials furnished under this item, but the cost shall be included in the unit ~rice bid for the various types of wearing sur.face specified to be palced on the completed base. These costs shall include full compensation for clean- ing the base for ~ : ' ' , ~urnmshmng, freight znvolved, heating, hauling, and distrubuting of asphaltic material as s~ecified; and for all manipulation labor, tools equipment, and i ' ~ - - , nczdenoals necessary to complete the work. ~. ~m 306 - Three .Cour. s.e $~r~aDe Treatment The three course surface treatment will be applied to the flexible base in the event this type of treatment is contracted. Materials and rate of application shall be as follows:TM ~ Firs~aourse Asohalt, ~R230, applied at the rate of .0.30 zallons per square yard, or as ~ir.ected by the Engineer. ~ ~ - Asphalt, ~A-230, applied at the rate of 0.~0 gallons Der seuare yard, or as directed by the Engineer. - ~ One cubic yard of Type A, Grade ~, aggregate Der 100 square yards, or as directed by the Engineer. Third Course Asphalt, 0A-230, a~p!ied at the rate of 0.30 gallons per square yard or as directed by the E~gineer. , One cubic yard of Type A, Grade 7, aggregate per i~0 square yards, or as directed by the Engineer. ' '~ Upon the completion of the application of the Third Course, the entire surface shal]i then be rolled with an aDproved, selfpropelied, three-~eeled roller, weighing between three (3) and-Six (6) tons. This final rolling shall be repeated on two successive days after the apD!ication of the Third Course. - Paragraph 306.~ is voided and the following substituted: Work performed and materials furnished under this item shall be measured by the square yard complete in place. Paragraph 306.~ is voided and the following substituted: The WOrk per£ormed and the materials furnished as prescribed by this item and measured as provided above will be paid for at the contract unit price bid for "Three Course Surface Treatment", which price shall be full c~m~ensation for cleaning and sprinkling the base, for furnishing, freight involved, preparing, hauling, and placing all m.~terlalo; for all mani- pulations, labor, tools, equipment, and incidentals necessary to complete the work; and including the Flexible Base and Prime Coat included in these Specifications and shown on the Plans. !O. ~!tem 3t7-:Hot ~x. Asphaltic. Cgn~e~t~.payement~ This item shall consist of the application of one and one-quarter (.t~) inches of Type "Cw IC~arse Graded Surface Course) ~aving mixture in the manner set forth in the Standard Specifications, and shall be applied to the flexible base in the event th~s type of wearing surface is con- tracted. Paragraph 317.6, Item 1, Prime Coat, is~voided and the following substituted: A prime coat shall be applied as specified under Item 300. The tack coat or asphaltic concrete shall not be applied on a previously promed flex~ible base until the primed base has completely cured to the satisfaction of t~e Engineer. No direc~ payment for the prime coat as such will be made, but the cost shall be included in the unit vrice~bid for "Hot Mix Asphaltic Concrete Pavement." ~ Ail other provisions under Paragraph 317.6 shall apply as written. Paragraph 317.7 is voided and the following substiDuted: ?~yment The work performed smd the rr~terials furnished as prescribed by this item and measured as provided above will be paid ~o~ at the con- tract unit price bid for ~Hot Mix Asphaltic Concrete Pavemen~ which price shall be £u!l.c~mpensation for q~ar~ying, furnishing all materials, for all heating, mixing, haUling, cleaning the base, p~acing asphaltic mixtures, rolling m~d finishing, and for all labor, tools, equipment, and incidentals necessary to complete the work, aris shall include full compensation for the Flexible Base and Prime Coat included in these Specifications and shown on the Plans. ~.~ Item. ~02 , C0nc~et.e Paragraph 402.27 is voided and the following substituted: Each structure as set forth in the Proposal as a bid item will be paid for at the lump smm price bid for such structure, and such lump sum price bid shall be full compensation for all materials, equipment superintendence, labor, tools, and incidentals necessary to complete the work. 1.2, ,it~.403 - Concrete. For.Structures Paragraph 403.15 is voided and the following substituted: No direct payment will be made for Concrete as such; but~Such pay- ment will be included in the payment mad$ for the oarticular structure in which the concrete ms placed. 'Such paymen sha~l be full compen- sation for furnishing, jauling and mixing ali concrete materials; plac- ing a~.~ihg~:&nd finishing all concrete; all grouting and pointing; furn- ishing and placing ~11 drains and expansion joints; furnishing and placing metal flashing, strips, furnishing and placing materials for Traffic~ Stripe where shovm on plans; and for all forms and falsework,-labor, tools, equip- ment, and incidentals necessary to comolete the work. 13. .'Ite~:405~ ~ 1ReinEorcing:S%eel Paragraph 405.5 is changed to provide that solices which are permitted shall have a length of not less than thirty (30)-times the nominal size or diameter of th'e reinforcement. Paragraph ~O5.8 is voided and.the following substituted: No direct pay~ent will be made for Rein~.orcing Steel or Fabric as such; but pa~aent for such will be included in the payment made £or the particular structure in which the reinforcement is placed. Such 'pay- ment shall be full compensation for furnishing, bending, fabricating, welding and placing the reinforcemenv, for all clips, ~locks, metal spacers, ties, wire or other materials used for fastening reinforcement in place, and for all tolls, labor, equipment and incidentals necessary to c~mplete the work. % m t_~. Item 407 - Metal For ~Dructures Paragraph 407.14 is voided and the following substituted: No direct payment will be made for Metal For Structures as such; but payment_ for such will be included in the pa}vaent made for the particular structure in which the metal is placed. Such payment'shall be full compensation for furn~shing all materials and for all fabrication, shoo- ~work, transportation; erection, paint and painting,_ and for furnishing~ all equioment, tools, labor, and ~ ' '~' ~ ~ ~ , ~nczd~ntals necessary to comotete the work. ' ~%. Item ~08 ~.Pa~nt and Painting Paragraph ~0~.1~ is voided andthe following substituted: No direct payment will be made for Paint and Painting as such, but pay- ment for such wi!l be included in the payment for the particular struc- ture or ±tam on which ~he paint is applied. Such percent shall be full compensation for furnishing all paint materials and all tools, equipment labor, scaffolding and incidentals necessary to complete the work, and for cleaning all surfaces and for the application of paint. ~6. ~Item~.12 r ~einforced .Concrete Pipe Reinforced Concrete Pipe where shown on thePlans shall be Standard- .StPength Reinforced Concrete Culvert Pipe. Paragraph 412.4 is voided and the following substituted: Reinforced Concrete. Pipe shall be measured as a total strucvure as shown for each installation on the Plans. Such structure sh~tt include all pipe in olace aed headwails complete where shov~m on the Plans. Paragraph 412.5 is voided and the following substituted: Paymen~ Payment for Concrete Pipe measured as above will~ amde a't the con- tract !mr~p sum price bid for concrete Culverts as proposed, and such payment shall be full compensation for furnishing and transporting the pipe; the ~aavation; the preparation and shaying of the be~s; hau!ing~ placing and jointing the pipes; for end finish and headwatis complete, and for all other items of materials labor .equipment, tools, and in- c den~als necessary to complete the work. !7. Item ~t5., Extending Concret Structures Paragraph ~15.5 is voided and the following .~ubstituted: WOrk per.formed under this item will be paid for at the !~mp sum price bid for the particular structure which involves such extension. Such payment shall be full compessation for furnishing hauling, and mixing all concrete materials; ptacin~, curing and finishing all con- crete; all grouting and painting; furnishing the designated portions of the existing structure; cleaning, bending and cutting of exposed rein- forcing s~tee! the f '~ ' ,- urn~n~ng, placing and welding new reinforcing steel to old; all drilling and grouting for dowels; cleaning and paint- ing old concrete with nest mortar; and all forms and footsewor~<, ~ ~ labor, tools, equipment and incidentals necessary to complete the work. ~, Item. ~2~ -~.Piprap Paragraph ~25.i2 is voided and the following s~bstituted: Measurement of acceptable Riprap complete in place will be measured in square yards based on si~ (6) inch thickness. Paragraph 423.t5 is changed to substitute the words "square yard" whereever the words ~cubic Yard" appears. ~.. Item.~ 500. - Removing.. .. Old___.._~S~ructures Paragraph 500.3 is amended to include the following: ~ere culvert oioe is to be removed the work shall be measured by the linear foot of culvert oipe removed. Paragraph 500.4 is.amended to include the following: ~&ere culvert pipe is removed, payment will be made at the unit orice bid ~er linear foot for Removing 01d Culverts, which Price- shall be f~tl ~ ' com~en~t~on for all wOrk, labor, tools, equipment, excavation, backfilling, 'materials, and incidentals necessary to com- plete the work. The removal of headwalls.and junction boxes is con- sidered incidental to this item, and the cost of removing same shall be included in t'he unit price bid per foot for Removing Old Culverts. 20. Item 51~.-_Concrete Curb and' Gutter -Preformed Bituminous Fiber Material", Expansion Type III., ½" in thickness, shall be used for expansion joint Joint Material, material in Concrete Curb and Gutter and Concrete Valley Gutters.. paczng of expansion joint mat'erial in curb and gutter shall be at intervals not exceeding forty (40) feet along tangents~ and at the ends of all radii. Expansion joint, material shall be placed ~n vu!ley gutters at all ~onstruction joints indicated on. the P!a~s,.. Construction joints in curb and gutter shall be Placed at ten (10) feet intervals. Paragraph 513.4 is amended to include the folio~ing-: Concrete Valley Gutters will be measured by the square yard, com- plete in place~ Paragraph 513.5 is voided and the following substituted: The work performed and materials furnished as prescribed by this item, measured as ~rovided un~r "Measurement", will be ~aid for at the unit price bid for "Concrete'Curb and Gutter" and '"Concrete Valley Gutter~' as the case may be, which prices shall be full compensation for preparing the subgrade; furnishing and D!acing all materials including r~inforcing steel and expansion j~int'material~ for fur- nishing, placing, and shaping and tamping backfill; and'for all ' '~ i tools equipment and incidentals nemessary to man~pulat on, labor, complete the work.. 21. Item'518 - Removing Old. Concrete This specification is amended to require that t~e Contractor shall be required to haul and dispose of all removed old concrete to a proper disposal site approved by t~e Engineer regardless of the distance' of haul to such approved disposal site. The dost of such haul shall be included in the unit price bid for Removing Old Concrete as set out in Paragraph 518.~. ~Hm~R~&n~ ~XCAV ~TIO~ ~ND PREP ~RATION This item shall consist of all excavation, haul and dis~osa! of excess earth materials, and all grading and compacting work necessary to bring the subgrade for concrete curb and gutter, concrete Valley gutter, and for the specified base to the line, grade, and sections as shown on the Plans or as established by the Engineer. This item shall also consist of the furnishing wetting, and compacting of the necessary materials to provide requisite fill to bring the subgrade to the line, grade, and sections as shom~ on the Plans or as established by the Engineer. This item shall also consist of the backfi~! and grading required behind the curb and gutter from the back-of the curb to the property line~ 2. .UTILITIES: The City of Ptainview shail~ orovide for the necessary lowering or raising of valves, valve boxes, manholes, cteanouts, lines and other appurtenances pertianing to all utilities. All backfill, and tamping of utility ditches shall be the responsibility of the City. In the xase of the installation of water, sewer, and gas lines, the paving c~ntractor will be required to wait until such construction is completed and properly backfil'ied and ta~ped before the section will be available to him for s ubgrade preparation. Ail construction, both utility and paving, shal~'-b~-~:C~O~h~te~'~by the Engineer. ~.~_SUBGRADE C.ONST~UCTION. The street shall be~exc=vated~ and shaped in conformity with the typical sections and to the lines and grades as sho~ on the Plans or as e~tablished by the Engineer. Ail unstable or otherwise objection- able material shall be removed f~om the subgrade and replaced with approved material. Before ~lacemen~ o£ the base material or curb and gutter or ~alZey gutter, th~ subgrade shall be wetted and rolled to secur~ a firm foundation for the base, the curb and gutt~sr, and the valley gutter. ~avermals excavated from streets which musv be lowered may be used to fill streets which must be raised to the ~roposed grade, pro- viding such materia~ is of suitable quality to be used as fill material. ~. ESCESS MATER L ~.~ ~. IAi: Ail excess excavated material shall remain the proparty of the City of Plainview and shall be deposited in a stockpile or ~npaved streets in the area as may be directed by the Engineer. Haul from any unit of construction to the point of deposit will in most cases not exceed sixteen city bl~cks or approximately one mile. Usually most of the materiaI will~.be deposited on streets in the vacinity of the work. ~ere excess material is .deposited on unpaved streets, the Oity will perform'all grading required to spread the material. Measurement ,of this item shall be made on t~e basis of ~he total exc~a, tion r~quired to cut the subgrade to a point one (1} foot behind the curb line 'on'each side of the street. This total excava~zon~ ' will be measured..in its original position and the volume comvuted in Cubic yards by the method of average and 'areas. ~ ~1i work performed as. required herein and in the Item "Enbankment - and~measured as provided, ab'ore, will be paid for at the unit price bid per cUbic yard for "Roadway E~cavation-, w~ich price shall be full compensation for furnishing all necessary ~i%ling omdeJnavat%n,~btading~ ~etting, and rolling, all loading, fauling and dumping of excess materials, all ~ack£il?ing, and alltabor, tools, equipment, machinery and incidentals ~ne~essary t~ complete the work as specified. ' and W~EREAS, the fol!o~ins DroDosal was submitted to the City Council of the City Of Plainview b~ %he-said Bryan & Hoffman, a partnership, pursuant to the Notice of the Civy Engineer hereinabove referred to, to-wit: PROPOSAL FOR'STREET ~[PROVEMENTS March 21, 1960 HONORABLE MAYOR AND CITY COUNCIL PLAINVIEW, TEXAS FOR THE C ~ ~ t' R 7~ ONoT=UCTIOn OF Ds.A~i{~=~ STRUCTURES, CURB AND GUTTER, VALLEY ' - ~'~ TEXAS GUTTER, AND PAVING IN THE CITY OF PLAINVI~, Gentlemen .The undersigned, as bidder, d~clares that' the only per$o~or parties interested'in this proposal as princioals are those n@med h~ein, that this Dro?osal is made v&thout collusion with any-other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders~ Specmdmc=tions, and the Plans therein referred to, and has- carefully examined the locations, conditions and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery tools, apparatus, and other items incidental to con- struction, and will do all the work ahd furnish all materials called for in the Contract and Specifications in the manner prescribed therein and according to the~requirements of the Engineer as therein se~ ~orth. It is understood that the'following quantities of work to be done at unit prices are approximately only, and are intended principally to serve as a guide in evaluating bids. ' done at unit It is fu_tner a~reed that the quantities of work to be prices and materials to be furnished_ may be increased or diminished as may be consma~re necessary, in the opinion Ofcthe Engineer, to complete · - d and ~ny'additiona! work to be the work fully as planned and contemp%~te , included in the extension of the originally ~!anned work, and that all quantities of work whether increased or decreased, are t~ be perforraed at the unit price set forth below except as provided for in the Specifications. It is further agreed that l~mp sum ~rices may be.increased to cover '~' 1 e~ addmumona work order a by the Engineer, but not shown on the Plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, the may be decreased to cover de- letion of work so ordered. Accompanying this proposal is a Certified or.Cashier's Check or Biddsr's Bond payable to the CITY OF PLAINVI~ for ~ of'bid attached DOLL~S ( ~ . . ~ The bid security accompanying this proposal shall be.returned to the bidder, unless mn case of the acceptance of the proposal the bidder shall fail or refuse to execute a contract and file a performance.bond within fifteen (15) days after its acceptance, in which case the bid security shall bec~me the Qroperty of the City of Plainview, ans shall be cOnSidered payment for ~amages due to delay and other inconveniences suffered by the City on account of such failure of the .bidder. It is understood that the City ~eserves the right to reject any and all bids. The Undersigned proposes to furnish all materials, labor, machinery, tools, apparatus~, and incidentals necessary to complete the proposed work in accordance with the Plans and Specifications or as dierected by the Engineer for the following prices, to-wit: ITEM ~ITTEN P~ICE ~60UN 1. REMOVING OLD GU~B ~ ~u~R Approx. ~0~ Lin. Ft O- ) 20&.CO PER LINEAR FOOT: . Fifty cents . . 2. R~OVING OLD CONCRETE, Approx. 6,139 Sq. Yds.( 1.00 ) 6,139.00 ~ER SQUARE YARD' One'Dollar e R~4OViNG ~LD uU~VER=~,-Concrete, App. 1,173 Lin. Ft. PER LINEAR FOOT: . .. Two Dollars . ~(:.2.00~..) '~' ~ C.M. Approx. 395. Lin. Ft. R~OVING OLD CULVERTo PER LINE_~R FOOT" Two Doll'ars .00 BRO¢.DLAY EXCAVATION, Approx. 9,105 Cu. Yds. PER CUBIC Y~RD: Fifty ~i~e Cen~ts . .. (. 0-.5,.5). 5,007.75, CoNCReTE CURB AND GUTTER, Approx. 6,622 Lin. Ft. PER LINE)~. FOOT: .... One Dollar Seven~F Oents~ ( 1.?0 ) i1,.25:7..~0. · CONCm~T~ VALLEY GUTTER, Approx. 167 Sq. Yds PER SQUARE YARD: Six,Dgllars. ( 6.00~ CONCRETE. CULVERT NO. ,1 Fifty Cents . LUMP SUM- Six Hundred Forty Four Dollars, 1,002.O0 CONuR~Tm CULVERT NO. 2 ~ d Three Thousand Five Hunare THirty LbT~IP SUM Seven. Dollars ~eventv Fmve Cent (3537.7.5.) 10. CONCRETE BRIDGE E:(T~'~oIO.N Twenty One Thou. os. nd Five H~ndred Forty ~evea D.o!l~rs Forty Five Cents L~P ob%. , , ,, ...... 1i. 12. . r,-,~ Approx. 130 Sq. Yds. CONCRE~ RIPRAP, ~' D' ~Six Dollars ' P~R SQUARE STEEL P~,~zE GUARD F~N~E, Double Rail, App. 212.5 L. F. LINeaR FOOT: T~enty Dollars (20.00,), PER ~ STEEL PLATE GUARD FENCE, Single Rail, App. 50 L. F. PER LINEAR FOOT: _~,. ~Ten~ Dollars~ , ~..' ' (10.00) S B; 'TOTAL OF - IT~'4S UNAFFECTED 'BY ALTERNATES: ALT~ ~TE 1._ 500, 00 8,oo .85 t4a. HOT MIX AqPw^T'~'T~ · ~ ,,==~ CONCRETE PAV~NT, App. 22,824 S. Y. PER SQUARE YARD: One~ Dol,_er-Sixty Five C.enDs ~(!.6~) ~7.659.60 TOTAL BID PRICE WiTH ~~ I (Sub-Total plus 14a) 95,66~'.45 LTERNaT.~ II. l~b THR~E COURSE SYRFACE TR~-~NT, ~ , P~ S~UA~;~ YARD: 0~ Do~la~ T~en~¥ ~ive Cents (1.25) 2~.530o00 TOTAL BID PRICE ~TN LATERNATE II (S' - ub Total plus 14b) 86 In the event of the award of a contract to the undersighed, the undersigned will furnish a performance bond for the full' amount of the contract,~ to'secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the Contract. The work ~roposed to be done shall be accepted when fully completed and finished mn accordance with the Plans and Specifications, to the satisfaction of the Engineer. 'The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Signed Bryan & Hoffman B - y; Partner ~tle 807 West Fifth Street Street Address P!ainview, Texas .... Cit~ and State and W~EREAS, on the 21st day of March, 1960, all of said 'oroposa~s and bids addressed to the City of Plainview for the aforesaid projedt were read and opened, and the aforesaid prooosal and bid by the said Bryan & Hoffman, Paving Contractors, being of all the proposals and bids received, the lowest and best proposal and bid; and ~HEREAS, the said Bryan & Hoffman, Paving Contractors have presented to the City of Plainview a statutory Performance Bond pursuant to the provisions of Article 5160 of the Revised Civil Statutes of the State of Texas, as amended, which said Bond is conditioned in words and figures as follows: STATUTORY P=R. O.~..d~C~ BOND PURSUANT TO ARTIOLE 5170 OF THE R~ISmD CIVIL STATUTES OF TEXAS AS ~IENDED BY .... : ~ ~ ~ ~ ~!EGULAR SESSION, 1959 ACTS OF THE 56th ~E~S~ATURm~ . KNOW ALL mEN BY THESE · ~=o~o, that Bryan & Hoffman. a =a~ip composed of w. E. Bryan and. C.. L. ~offman,. pavijg contractors ~r called the Princi~g~fs), as Pri~cioal (s), and bound unto Y (Hereinafter ars payment , sai~ nczpa. ~rety themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, fi~a!y by these preSents. ~6 ~, ~IqEREAS, the Principal has entered into a certain written contract with the Obligee., dated the 21st y of af B. roadwa, y Street No ch contract a same extent as if cooied at length herein. BOW, THEREFORE, THE CONDITION OF THIS OBLIGATION iS SUCH, that if . '~ '~e the said Principal shall faithfully perform tn work in accordance with the plash, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVED, HOWEVER, that this bond is executed pursuant to the pro- visions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 19~9, and all liabilities on this. bond shall be determined in accordance with: the provisions of said article to the same extent as if it wera copied at length herein. IN WITNESS WH~EO~, the said Princioal(s) and Surety (s~) have signed and sealed this instrument this day of ~9 · (PRINCIPAL.)' (PRINCIPAL) (PRINCIPAL) (PRiNcIPAL)' " CORPORATE SURETY BY - ~ Attorney-in-fact -- Attach Power of Attornsy for Attorney-in-fact. and WIqEREAS, the said Bryan &. Hoffman, Paving Contractors, have pre- sented to the City of Piainview, a statutory Payment Bond pursuant to Article 5160 of the Revised Civil Statues of Texas, as amended, which said Bond is conditioned in words and figures as follows: - STATUTORY PA~'~ENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL ST.ATUT~S OF TEXAS AS ~MENDED BT ACTS FO THE 56tn LEGISLATURE1, REGUaA~ SESS..0 ~, 1959 KNO'W~ ALL MEN BY THESE PP~ESENTS, that B~RY~N & HOFF}~N, a partnersh~iplgom.posg~.~of. W. E.. BF!Sin~ ~and C. L..~0f~.~n,- pa~ing/ .... ~er (hereinaPte'r dailed the Su~et'y'(s)i as SuretY(s), are held a~d firmly bound unto (hereinafter ~ Y , and thei~ heirs, ads~inistrators, executors, sucessors and assigns, jointly and severally, firmly by these presents. sHsREAS, the Principal has ad into a certain written contract with the Obiigee, dated the of vement and to the same exten~ as if cooled at length herein. ~n~mae~ THE CONDiTI~N~ IS oUC~, tha.t if the s~d Principal ~h'~i ~ay~ ~l'~im~iS'SUP~lYin'g lebor and material, to him or a sub- contractor in the prosecution of the work provided for in said contract, then, this obligation shall be Void; ot~herwise to. remain in full force and effect; ~ ~ PROVIDED · .r~ .-' .... .~-. ...... , HOldoVER, that this"~bnd is executed, pursuant to the provisions of Article-5160 of the Revised Civil Statutes of Texas as amended 'by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond Shall be determined in accordance with th~ provisions of said Article to the same extent as if it wer~ cooied at length herein. ~ ~ '~? ~'~ '~H~R~z,o~, the said Principal(s) and SuretM(s) have .signed and sealed this i ~ ~ ns oruzaent this .day of ~ ~19_ ( RiNCi. AL} '~P~NCZPAL]' ORPORnTE SURmTY BY ttorney-zn-fact A~,t~ch Power of Attorney for Attorney-in-fact. NOW, THERmFORE,W SE IT RESOLVED BY THE CITY COUN~IL~ OF PLAiNVIEW, TE~:~o; i. That all matters asserted in the Preamble to this Resolution are.hereby declared to be true and correct. 2. That it is hereby ordered that the City of PIainview, contract v~th Bryan &s Hoffma~ Paving Contractors, for the performance of s~ecific improvements referred to mn the Notice to Bidders and the proposal here- inabove referred to, said contract to be in words and figures as follows; S T.'A N D A R D F O R M O F A G R E EM E N T STAT,~ OW T~AS COUNTY OF HALE THIS AGRE~,i~[T, made and entered into this A. D..19 60_, by and between _ Ha~e ' and acting t~ough ized so to do, P~rty of the y of Party of the Se 21st day of March of P!ainview of the County of~ ~ thereunto duly author- naftertermed OI~ER, and and L. Hoffman County of State of ~xa~ nafter terme~ ;TOR. WITNESSETH: That for and in consideration of the payments and agreements' hereinafter mentioned, to be made and performed by the Par~y of the First Parz (O~ER), and under the conditions expressed in the bond bearin~ even date herewith, the said Party of the Second Party :.(C'ONTRACTOR], hereby agrees with the said Party of the First Part (OldStER) to. commence and complete the donstruction of certain, improvements de- scribed as follows: The construction of three drainage structures, re- moval of certain existing curb and gutter and existing ~avement, con- STRUCTiON OF CUi~B-AND' GUTT~ .V~LLEv a~ w~ ~w~ ~.~ ~ -, ~az'z~ce roamwav. The ~ro~ect w~il be divid~ ~+~ ~ TT~ Im~rovem~n~ of Broadway fo~ '~orth Second St South ~enth S~reet desmgnaved as 0nzt No. 1, and (2 ~ent of extra work mn e ~s as sta~ed in the General Conditions of the Agreement; and at his or their o~ proper cost and expense to furnish all the materials supplies, m ~" ~ ~ , acnmnery, equipment, tools, labor~ in- surance, and other accessories and ~services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attachedaer~to, and in accordance with all the General ConditionS of the ~reement, and in accordance with the Plans, wnz:ch includes ali maps, Plats, blue prints and other drawings and ~rinted or written exp~natory matter thereof, and the Specifications therefor, as prepared by TheOit~' Engineer of the.~.zty of Piain~iew~. e×a. · ... ·.~. . . heremn entmtled the E~G±iE~,-each of which has oeen mdentmzmed by the endorsement of the CONTRACTOR and-the ENGINE~ thereon, tooetner ~i'th the Oontractor's ~itten Proposal, the General Conditions of the men~, am~ ~he' Construction Bond hereto attached; all ~f Which are made a~p~rt he, eof and collectively evidence and constitute the entire con~ tract. The CONTR.~CTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to Him, and to substantially complete same within ?~.ason6b!e calendar days after the date of the written notice ct commence work. The O~¥~ER agrees to pay the CONTRACTOR in current funds for the per- fom~ance of the contract in accordance with the Proposal submitted there- for, su~ject to additions and deductions, as ~rovided in the General COnditions of the Agreement., and to make payments on account thereof as provided therein. in WITNESS WHEXEOF, the parties to these presents have executed this Agreement in the year and day first above written. Party of_the First part (O~-~ER) Party 'of the Sec°nd Part' (CONTRACTOR) GEN~AL ~ONDiTION~ aGRm~~ENT t. DEFINITIONS OF TE~$ t.01 O~7[ER, CONTRACTOR AND ENGINEER. THE O~$~ER, the CONTRACTOR', and thaENGiNEER are those mentioned as such in the Agreement. They are treated throughoub the Contract Documents as if each were of the ~ing- ular munber and masculine gender. The ~GINEER shall be muderstood:to be the E~GINmER of the O~ER or his duly authorized reDresentatLve. 1,02 CONTRAOT DOCU~[TS. The Contract Documents shallconsis Of i ct Contractors (Advertisement), Special ~ondi~ions.'.($ns~r~m- the Not ce ~ , .. , .~'-~o e~ ~a~ ~ osal-., sicned ~greement, Performance Bond ~w~.~en.. required), ~eczal Bends (when requirerS, ~ener=~ ~onez~u~_ ~ g~e~nYent,~ Technzcal Specmfzcatmon Plans, and all modifications tKereo£~incorporated in any of the documents before the emecuD~on~. _ of the agreement. The Contract Documents are complementary, and what is ca'led for'. by an~ oneshall be as binding as ir called for by all. In case' of conflict~ between any of the-Contract DocUments~ priority of .inter- ......... ~- ~-m~ ~~m~.ar~Ser-,~zsned A~reement, Performance ~ ' ' F~ - .... * ~ 1o s Plans and--General Notice to Contractors, Technzcal SpecmfmcatI n , - , Conditions of Agreement. 1,05' SUB*~CONTR~OR, The term Sub-Contractor, as employed herein.,, includes only those having a direct, contract with the CON~RAOTOR.and it includes one who furnishes materia~worked to a special design according to the ~lans or s~ecifications of this work, but does'not include one_ who merely furnis~es material not so Worked. t. 0~ ]fLP~iTTEN .NOTICE. Written notice shall be deemed' to.. have beenduiy served if delivered in person to the individ~a~ or t~.a member of the firm or to an o£~icer of. the corporation for whom it.:is--intended, or if delivere.d-a~'or sent by registered mail to the last-business address known to:h~mwho gives the notice:. t.05 WORK~ UnIess otherwise sti~ulated, the CONTRACTOR shall provide.and pay'for'a~l~ma~erials,' sUp~ties, machinery, eqmipment, tools, s2perintendence, labor, insurance,-and ali water, light, power,-fueI, transportation and. other facilities necessary for the emecution and: co~letion Of the work covered by the contract docm~ents, Unless otherwise specified, all materials'shall be new and both wor~nanship The CONTRACTOR shall, if and materials shal~ be of a g~od quality. required, furnish, aatisfactory eVi'd2nce as to the kind'and quality :of materials. Materials:or work described in words which so ,applied have a well knovm technical or.trade meaning shaft be held to .refer to such recognized standards. 7 rt 1.06 EXTRA ~ORK. ~' The~ ~e'rm ~".Extral. WOrk,, as used in this contract shall be understood to mean and include ~all work that m~y be required by the ENGINEER or O}~R to be done by the CONTRACTOR to accomplish any reasonablychange' alteratiOnimplied by-°r theadditLona'a ~'~_ ~to..t~e~ work shown upon the plans, or s~cific=o~ons, and not covered by the CONTRACTOR,S Proposal, except as provided under "Changes and Alterations, herein. ' 1.07 ~ORKING DAY. A "~orking day" is defined as any day not including Saturdays, Sunday, or any legal holidays, in which weather or other, conditions, not under the control of the CONTRACTOR, will permit donstruction of t~e principal units of the work for a continuous period of not less than seven (7) hours between 7:00~a. m. and 6:00p.m. 1 08 SUBSTANTIALLY ~ ~ . ' ~o~L~TED. By the term "substantially com- pleted" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. ' 2. CONTROL OF 2,Q%. LINES .AND GRADES. Unless otherwise specified, all lines and grades shatl'be furnished by the OWNER or his representative. ~enever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the~CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the O~fNER e~!t~e~ENGINEERaampt~noti~enof the time and place where lines and grades will be needed. All stakes, .marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless desctruction oT removal by him or his employees, such stakes, marks, etc., shall be repalced at the CONTRACTOR'S expense. 21~02 ENGINEER'S AUTHORITY AND DUTY. Unless otherwise specified, it is mutually agr.eed between the parties to this Agreement that the ENGINEER shall supervise all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the ENGINEER shall in alt cases determine the amounts and quanities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall in all cases decide every .question which may arise relative to the execution of this contract on the part of said CONTRACTOR. The ENGINEER'S estimates and findings shall be~the conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights'of the ~O ' ~ NTRACTOR to receive anymoney under this contract; provided, however, that should the ENGINE~ render any decision.or give any direction which, in the opinion of ~ither party hereto, is not in accordance with the meaning and intent of this contract, either party may file with 'said F~GINEER within thirty (30) days his written ob- jection to the decision or direction so rendered, and by such action may reserve the right to ~ubmit the question so raised to arbitration as herein provided. It is the' intent of this agreement that there shall be nodelay in the execution of the work, therefore, the written decision or directions of the ENGINEER as rendered shall be promptly c~Bied out, and any claim arising therefrom shall be thereafter ad- justed by arbitration as hereinafter provided. The~,~GINEERshall, within a reasonable time, render and deliver to both the OWNER and the CONTRACTOR a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, speci- ifications and plans. Should the ENGINEER fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. ~henever the words "directed", "required", "permitted", "designated", "considered necessary", "prescribed", or words of like import are used, it shall be understood that the direction, requirement, pe~aission, order, designation or prescription of the ENGINEER is intended; and similarily, the words "approval-, '~acceptable", "satisfactory". or words of like import shall mean approved by or acceptable or satisfactory to the ENGINEER. 2.03 SUPERINTENDENCE iND INSPECTION. It is agreed by the CON* TRACTOR that the ENGINEER shall be and is hereby authorized to appoint from time' to time such subordinate engineers, supervisors or inspectors as the said ENGINEER may deem proper to inspect the material furnished and the work done under this agreement, and to see that the said material furnished,~ and said work is done in accordance with the specific s therefor. The CON~E~CT~RU§hall furnish all reasonable aid and assistance required by the~subordinate eigineers, supervisors or inspectors for the proper inspection and examination of the~work.~ The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are sonsistent with the ob- ligations of this Agreement and the accompanying plans and specifi- cations, provided, however, should the CONTRACTOR object to any order by any subordinate engineer, supervisor or inspector, the CONTRACTOR may within six (6) days make written appeal to the ENGINEER for his decision. 2.04 CONTE~CTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give personal attention to the faithful presecution and com- pletion of this contract and shall keep on the w6rk, during its progress, a competent, superintendent and any necessary assistants, all satisfac- tory to the ENGINEER. The Superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR.- Important direCtions shall be confi~rmed in writi,ng to the CONTRACTOR. Other~directions shall be so.confir~ed on written r~quest~in each case. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself- as to the nature ~nd location of the work, the conformation of the ground, the character, quality and quantity of the materials to*be encountered, the character of equipment and facilities needed preli- minary to and dUring the proseduti°n of the work,~the general and local conditions, and'all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee 'of the O~ER, either before or after the execution of this contract, shall effect or m~dify any of the ~erms or obligations herein econtained. 2.06 CHARACTE~ OE. WORKMEN. The CONTRACTOR~ agrees to employ ~only orderly and competent men,~skillful in the performance of the type f work required under this contract! t? do ~? wo~ta~_a~e2rt~~ ~ ~henever the ENGINEER shall inform h~m in writing y · on the work are, in his opinion, incompetent, unfaithful o~ disorderly, such man or men shall be discharged form the~ work an~ shall not agian be mmployed on the work without the ENGINEER'S written~ consent. 2.07 CONTRACTOR'S BUILDING The building of structures for. hous-~ ing~ men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the Sanitary conditions of the grounds in ~or about such structures shall at all times be maintained in a manner satisfactory ct the ENGINEER. 2,08 SANITATION. Necessary sanitary conveniences for the use ' of laborers on the work, properly secluded from public observation, shall be constructed and maintained-by the CONTRACTOR in such manner and at such'points as shall be approv,ed by the ENGINEER, and their use shall be strictly enforced. 2.09 SHOP DRA~NGo. The CONTRACTOR shall submit to the ENGINEER, With such promptness as to cause no delay in his own work or-in ~that of any other COntractor, four copies, unless-'otherwise specified, of all shop and/or settingdr~wings and schedules required for the~work of the~various trades, and the ENGINEER shall pass upon them wi~h reasonable promptness, making desired corrections. The CONTRACTOR shall make a$yncorrections required by the ENGINEER, file with him two co~rected~copies and furnish such other copies as may be needed. The ENGINEER'S approval of Such drawings or schedules shall not' relieve the~CONTRACTOR from responsibility for deviations from draw- ings or specifications, unless he has in writing called the ENGINEER'S attention' to such deviations at'the time Of submission, nor shall it relieve ~im from responsibility for errors of any sort in shop drawings or sChedules. ~ ~ ~ APP~V~. The ENG~'JR shall not have the power 2.10 ~iMiNA~I ~ '~ to waive the obligations of this~¢on~ract'for the furnishing by~the CONTRACTOR OF good material, and of h~.sp~efOrming,~ood work, as herein described, and in~ful! accordance ,~_~th t~e o~ans anm ~peoi~ieations. No failure or cocA,sion of the-~±NE~R to condemn any defective work or =aterial shall release th~ CONTRACTOR from the obligations to at once'tear out, remove and prooerly replace the same at any time prior d~~v work or mater~al, to final acceptance upon the ~iscovery'~of said ~ ~*' e ' '' provided, h.o~ver, that the w~"~ ~ ~i~:~ shall, uoon request of t~e ...... · I~Z~T ~na accsnt or re3ee~ an~.m~,~l f~rnished, an~ in event the material has been once accepted by the E~GINEER, ~uch acceptance. shall he.binding on the 0~'~, unless it can be clearly shown that such material furnished-does not meet the specifications for this work-. Any questioned work may be ordered taken up ~or removed for re- examination,. ~ by.the ENGINEEr, prior to final acceptance, and if found not zn accordance with the specifications for said work, all expense re~examination an4 replacement shall be bore by the otherwise'the expense thus incured 'shall be allowed as EXTRA WDRK, and.shallbe paid for by the 0%%~R~, previded that, where inspection or approval is specifically required by the specifications prior to~ Perfo~ance of certain work, shOuld the CONTRACTOR proceed with such work without requesting prior inspection or approval he shall bear alt expense of taking up, remiving, and replacing this work if so directed by ~the ENGEE~. 2'II'DEFECTS AND THEIR RK~D~D. It is further agreed that if the work or any pa~t- thereof, or any material b ~ ' rougnt on the site of the ~rk for use in the work or selecu~d. ~ for the s~e, shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of ~itten notice thereof from the ~GINEER, forthwith remove such material and rebuild or otherwise remedy such ~work so that it shall be in full accordance with this contract. 2.~2 CHANGESAND ALTERATIONS. The CONTRACTOR further agrees that the OW~ may make suc-h changes and alterations as the O~ER may see fit, in the line, grade, fo~,' dimensions, plans or materials for the o~k herein Contemplated,~or any part thereof, either before Or after the beginning of the construction, without affecting the Validity of this contract and the accompanying perfo~ance bond. If such Changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages_ or anticiPAted profits on the work that may be dispensed With, except as~provided for ~it price items ~der Section ~ "Measurement and Pay- ment~,~ If the ~ount of work is increased, and the work can fairly be classified under the specifications, such increase and shall b~ paid for according to the quantity actually done and at the unit price, if any, established for such work unde~ this contract, except as provided for unit 'price items under Section 5 "Measurement and Pa~ent"; otherwise such additional work shall be paid for as provided ~der Extra %~ork. In case the OW~ Shall make such changes or alterations as shall make useless any work'alre~dy' done or material already furnished or used in s~id work, thsn and for any actual 10ss occasioned by such change, due to actual~expeRses incurred in preparation for the work as originally planned. 2,13 RIGHT OF ~GINEER TO ~ODIFY METHODS AND EQUIPMENT. If at any time,the methods or equipment used by the CON,ACTOR are fo~d to be inadequate ~to secure the quality of work or the rate of progress required under this contract, the ENGINE~may order the CONTRACTOR in writing to increase t~heir safety of improve their character and efficiency~ and the CONTRACTOR shall comply with such order. ~ at any time the working force of the CONTRACTOR is inadequate for securing ~the progress~herein specified) the CONTR~CTOR~shal!, if so'order- ed_ in.~iting,-increase his force or equipment, or both, to such an extent as to g~e reasonable assurance of compliance~h the schedule of progress. 3. GENERAL OBZIGATIONS AND RESPONBILITITIES 3~.01 KEEPING OF PLANS AND SPECIFICATIONS AC CESSIB~. The ENGINEER shall furnish theCONTRACTOR with an adequate and reasonable number of copies of all plans, and specifications without ex~pense to him, and the contracto~ shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3~02 O~NERSHi~ OF DRA~INGS. All drawings, specifications and c~pies thereof furnished by the ENGINE~ shall not-be reused on other work, and, with the~exception of the figned contract sets, are to. be re~urned~to him on~ request~ at the completion .of the'work. All models are-the ~roperty of~the O~ER, ~ 3.03 ADEQUACY OF DESIGN. It is understood that ~he OWNER believes it has employed competent engineers and designers. It is,"therefbre, agreed that the OWNER shall be responsible for the adequacy of the des- ign, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed .projedt; pro- vided the CONTRACTOR has compiled with the requirements of the said Con- tract ~Documents, all approved modifications thereof, and additions and alterations thereto approved in wirting by the O~gNER. The burden of proof of such compliance whall be upon the CONTRACTOR"to show that he has complied with the said requirements of the Contract Documents, ap- proved modifications ~hereof and all approved additions and alternations there,0. 3.04 RIGHT OF ENTRY. The OWNER RESERVES THE RIGHT TO ENTER the property of location on which the works herein contracted for are to be c~nstructed or installed, by such agent or ~gents as he ~ay elect, for t~ purpose of supervising and inspecting the work, or for the purpose o~constructing or installing such collateral work as said.~O~ER may d~sire~ 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by se- parate dantract or otherwise, all labor and material essential to the completion of the work specifically excluded ~rom this contract, in such manner as not to delay the progress of t~e work, or damage said CONTRdCTOR, except where such delays are specifically mentioned-else- where in the Contract Documents. 3.06 DISCREPANCIES~AND OI~I.S~IONS. It is further agreedthat it is the intent of this contract that all work must be done and all mat- eri~l must be furnished in accordance with~the generally accepted pratice, and in the event, of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any protion of the~contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the WOrk. 3.07 "EQU~PENT, ~ATERmIALS AND coNsTRUCTION PLANT. The CONTRACTOR shall be responsible for the care, preservation, conservation, and. protection of all materials, supplies, machinery,'equipment, tools, apparatus, accessories, facilities, all me,ns of construCtion,-and any and all parts of thework, whether the~CONTRACTOR has been paid,, part- ially paid, or not paid for such work, until-the entire work is completed and accepted, 3.08 DAMAGES. In the e vent~the CONTRACTOR is damaged ih the course ~ by the act, neglect, omission, mistake or the ENGINEER, or of the .any o~her CONTRACTOR employed by the OV~T~ER upon the work, thereby causing toss to the. CON~ TR&CTOR,fthe~OWNERoagreeg~..mth~t he will reimburse the CONTRACTOR for such loss. In the event' the O~ER is'damaged in the course of~the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the~CONTRACT0R~ unreasonablydelay the progress of the work being done ~by others on the job so as~to cause loss for which the OWNER be, comes liable, then the CONTRACTOR shall reimburse the OYSTER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO E~L°~LOYEES AND~THE PUBLIC. The CONTRACTOR shall take out and maintain such insurance as will protect the CONTRACTOR, and the O~ER, the ENGINEER, and their officers, agents~ and employees~, from claims under Workmen's Compensation Acts, any amend- ments thereto, and from any other suits, actions, or claims of ~any or on account of any in- character, name, and description brought for ju~ies, including death, or damages received or sustained by any person or persons or property, on account of any negligent act or fault of~the CONTRACTOR or of any SUB~CONTRACTOR or of anyone directly or indirectly employed by. either of them, in'the execution of this CONTR~CT. or on account of the failure of~the CONTRACTOR to privide necessary barricades, warning lights or si~s. Such insurance shall be with an insurance company or pompanies licensed to transact business in the State-of Texas. A certificate of such insurance shall be filed with the O~'a~d shall be subject to his approval for adwquancy of protection. The CONTRACTOR shall at all times exercise r~asonable for the safetY, of employees and others on or near the -shall comply with all applicable'provisi0ns of Federal, safety laws andbuilding and construction codes. equipment and other physical hazards shall be guarded in accordance with the "~anuel of Accident Prevention &n Construction" of the Ass- ociated General Constructors of American except where incompatible with~Federal, State, or Municipal laws or regUlations. The CONTRACTOR shall provide such machiner~guards~safe walkways, ladders, bridges, gangplanks.~and other safety divices as may be required by the ENGINEER as requisite to the prevention of accidents. -~ 3.10 PERFORMANCE BOND. Unless otherwise spedified, it is further agreed by the parties to this contract that the CONTRACTOR will execute a performance bond in the sum of One Hundred ~lo0) percent of the total contract price for the satisfactory performance of the work and fulfill- ment of any guarantees required, mn accordance with this contract in the form proVided for this purpose, and it i~agreed that this contract shall not be in effect until such performance bond is furnished and approved by the OWNER. 3. i LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR araising out of the nature of the work to Be don~-,~or from the action of the elements, or from any unforseen circumstances in. the prosecution of the same, or from unusual obstruc- tion or difficutities which may be encountered in the prosecution of the work,.shall be sustained and borne by the CONTRACTOR at his own costs and expense. 3~12 pROTECTION OF ADJOINING PROPERTY '~The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be-in~jured or seriously affected by any process of construction to be undertaken under this Agreement~;~ from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damagee'~ ~ on. account of his failure to fully protect all adjoining property. ~wn ~,GONTRACTOR agrees to indemnify~ save and fold harmless the O~ER against any claim or claims for damages due to any injury to any ad- jacant or adjoining property, arising or growing out of the performance or.the contractS, but any such indemnity shall not apply to any claim of any kind arising out.of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB'CONTRACTORS LABORERS, MAT~RIA~EN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The 'CONTRACTOR agrees that he Will indemnify and save the O%~ER harmless from all claims.growing out of the lawful demands of sub-contractors, ..~ Daborers,-workmen, mechanics, materialmen and fUrnishers of machinery and parts thereof, equipment, power tools and all supplies, including Commis- ~sary, inCurred in the furtherance of the Performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all.obligations of the nature hereinabove designated have been paid~ descharged or waived. If the CONTRACTOR fails so to do, then the OWNER ~ay at~the~oPti6n~ofa~he CONTRACTOR either pay directly any unpaid bills; of which the OWNA~R has written notice, or withheld from the CONTRACTOR,S unpaid compensation a sum of money deemed reasonably sdffi- cient 'to ~iquidate'any and all such lawful claims until satisfactory evidence ms furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accor- dancewith the .terms of this contract, but in no event shall the provisions of this ~entence be construed to impose any obligation upon the O~ER by either the CONTRACTOR or his Surety. 3.14 PROTECTION AGEINST ROYALTIES ~R PATENTED INVENTION. The CONTRACTO~ shall pay all royalties and license fees, and shall provide for'the use~of any design, device, material or process covered by letters patent or copyri~hbby suitable legal agreement with the patents or owner. The CONTRACTOR shall defend all suits or claims for infringe- ment or'any patent~ or copyright rights and shall indemnify and save the O~ER harmless from any loss on account thereof, except that the O?~ER shall defend all such suit's and claims and Shall be responsible for ail such loss when a Particular design, device, material or process or the product~of a particular manufacturer or manufacturers is specified or required by the OW]~ER; provided, however, if choice of alternate design device, material or process is allowed to the CONTRACTOR, then CONTRACTOR SHALL indemni~y and save Ok~E~ harmless from any loss on account thereof. If the material or process specified or required by the O%~ER is an in- fringement, the CONTRACTOR shall be responsible for such loss unles8 he promptly gives such information to the OWNER. 3.15 LAWS AND0~,~DINANCES. The CONTRACTOR shall at all times observe and comply with ail FederaI, State and local laws, ordinances and regula- tions, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER agianst any claim araiging from the violation of any such laws, or4inances, and regulations whether by the CONTRACTOR or his employees, except where such vi~lations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the pIans and specifications are at variance therewith, he'shall promptly notify the ENGINEER in ~ting, and any necessary changes shall be adjusted as provided in the contract for changes in the work.~ If the CONTRACTOR performs anywork knowing it to be contrary to such ~aws, ordinances, rules and regulations,~ and without such notice to the ENGINEER he shall bear all costs arising therefrom. In case the OV~ER is a body politic and'corporate, the law from which it derives its powers, insofar as the same regulates the objects for Which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contraCt, to the same as though e~bodied herein. 3.16 ASSIG~ENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to'the fUlfillment of this contract and that he will no assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER, and that no part or feature of the work will 'be .sublet to anyone 0b]~ctionable to the ENGINEER or the OW~ER.~. The CON- TRACTOR further agrees that the subletting of any protion hr features of the work, or m~terials required in the performance of this ~ontract, shall not relieve the CONTraCTOR from his full obligations to the Ok~ER, as provided by this Agreement. 4. PROSECUTION AND PROGRESS ~.01 TR~E AND ORDER OF COI~LETION. It is the meaning and intent of this contract, unless Otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosedute his work at such times and seasons;~ in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that,the work shall be substantially completed as a whole and in part, in accordance with this~contract the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the Ok~ER is having other work done, eithe~ by contract or by his own force,~ the ENGINEER m~y direct the time and manner'of constructing the work done'under this contract, so that conflict will be avoided and the construction of the various works being done for the ~ER shall'be harmonized. The CONTRACTOR shall Submit, at such times as may reasonably be requested by the ENGINEER, schedules which Shall show the order zn which ~he CONTRACTOR proposes to carry on the~work with dates at~ whiCh t~he CONTRACTOR will start' the several parts of the~work, and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME. Should the CONTRACTOR~be delayed in the completion of-the work~'by any act or neglect of the ~WNER or ENGINEER or of any employee of either, or by other contractors employed by.the OWNER, or by changes ordered in the work, or by'strikes, lockouts, fires and unusual deiays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the 'ENGINEER shall decide 'justifies the delay, then an extension of time shail be allowed for ee~p!eting the ~ork, sufficient to compensate for the delay the amount of the extension to be determined by the ~GINEER, provided, . ~~ prompt notiC~e in however, that~the CONTRACTOR shall give the writing of the cause of such delay. ~.03 ~..~ND~AN~E~ A~u u~A~S. Mo claims shall be made by the GONTR~T~ for damages resulting from hindrances or delays cause (e~ept where the ~ork is stopped by order of the 0~) d~ring the progress of any portion of the work embraced in ~this contract. In. case said -wOrk shall-be stopped by the act~of the OWNER,. then such ex- penseas in the jUd~ent of the E~GL~ is c~use~ ~y'~sucn stood Ee or s~id wor~-sha!l be paid by the O~EE'S to the ~O~TRA~0 ~. .5. I~L~A$UR~4ENT AND PA~ENT 5.01 QUANTiTIE AI,~ I~SD~IENTS, No extra or customary measure- ments of any'kind will be al'lowed, but the actual measured and/or computed length, area, solid contents, n~mber and weight only shall be considered, unless otherwise specifically provided. 5~02 ESTIMATED QUANITIES. This agreement% including the speCifi- cations, estimate, is intended to show clearly ali work~ to'be ~done and m ~ be-.fu~IShed hereunder. ~here the estimated quant-- ities are S~own for the various classes of work to be done and material to"-be furnished under this contract, they are approximate and are to be nsed only as a basis for estimating the probable cost of the work and for comparing the~proposalS offered for the work. It is understood end-agreed that~the~actu~l amount of work to be done and material to be furnished ~lder bhis contract may differ somewhat from these estim- ates, and that where~the basis for payment Under this contract is the unit price method, Payment shall be for the actual amount of such work done and the material furnished. 6. EXTRA WORK AND C LAIM~ 6.01 EETRA WORK. It is agreed that the CONTRACTOR shall perform ail extra Nork under the direction of the ENGINEER, subject, however, to th~ right Of~the CONTRACTOR to require a written confirmation of such Extra Work Order by the O~ER. It is also agreed that the compensation to be paid the CONTRACTOR for performing said Extra Work shall be deter- mined by'one-or more of the following imethods: ~Method ~A) -- By agreed unit prices; or Method (B) -- By agreed lump sum; or Me~.hod (C~ -- If neibher Method (A) nor Method (B) be agree~ upon vefore the ~xtra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the ~ork, plus fifteen ~15) per cent. In the ew~nt said Extra Work be performed and paid for under Method (C), ~hen the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such -as forema~n, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the'time actually employed .or used on such ~xtra ~ork, plus actual transportation charges necess'arilY incurred, together with all power, fuel, l~bricants, water · and similar operating expenses, also all necessary incidental expenses incurredm!directly on account of such Extra Wor-k, including Social Security,. Old Age Benefits and other payroll taxe~, and, a rateable proportion-of premiums on Construction and Maintenance Bonds, Public Liability and Property Damage and Wor~men's Compensation, and all other insurance as. may be required by any law or ordinance, or directed by ENGINEER or OWI~ER, or by them agreed to. The KNGINEER may direct ~het form in which account-s of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER'may a].sospecify in writing, before the work commences, the method of~.doing the work and~the type of and kind of machinery and equipment~to be used; otherwise~these matters shall be determined by the CONTRACTOR. Unless other wise agreed upon, the prices for the use of machinery and equipment shall be dete~nined by uSing ~0 per cent, unless otherwise 'specified, of the latest schedule of Equipment OwnerShip Ex- pense adopted by. the Associated General Contractors of Am~erica. Where praticable the terms and prices for the use of machinery and equipment shall be 'incorporated in the Written ~mtra ~ork Order. The fifteen (15%) per ~ent'ofJthe "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and ~field office e~ense, and all other elements of cost and expense not em- braced within the "actual field cost" as herein defimned, save that where the-CONTRaCTOR'S Camp or Field Office must be maintained primarily on accoun~ of such Extra Work; then the cost to m~intain and operate the ~same shall be included in the "actual field cost~. No claim for Extra Work of any kind will be allowed unless ordered in writing ~by ~the ENGINEER. In case any orders or instructions, wither oral or~wri'tt~en, appear to the C NTRAI~TOR to involve Extra Work for which'he should receive compensation or an adjustment in' the construction time, he'~shall make written request to the ENGINEER for written order authorizihg such Extra WorM. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor and the E~GINEEa insists upon its performance, the CONTRACTOR shall procee, with the work after making written request for written order andshall keep an accurate account of the "actual field cost" thereof, as provided under Method(C). Tlae CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.02 TIME OF FILING CLAIMS'. It is f.urther agrsed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed 'with the ENGLNEERwithin thirty (~0) daysafterthe ENGINEER has given any directi0hs, order or instruc- tion to which the CONTRACTOR desire~ to take exception. The ENGINEER shall reply to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR shall be filed with the ~agineer and the OWNER in writing within (10) days after the date delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed, that final acceptance of the work by the O~ER.and the acceptance by the CONTRACTOR of the final shall~be a bar to any claims by either party, except where in the Contract Documents. -6.03 ARBITRATION, All questions of dispute under this Agreement, shall be submitted to arbitration at the.request of either~party to the .dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosed by the two arbiters so selected; or if the arbiters fail to select a third within ten(10) days, h~e shall be chosen by a District Jud§e serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten .(10) days of the demand, his right to ar- bitrat~h~ll~i~lapse, and~the~decisiOn ~of~the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within the (lO-) days, the ~GINEER shall appoint Such arbiter. Should ~ither party refuse or neglect to supply the arbiters with any papers or in- formation demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The exbiters shall act with promptness. The decision of any two shall be binding or both parties to the contract. The decision of the arbiters upon any question submitted to-arbitration under this contract shall be a condition precedent to any right of legal action. 'T~e de- cision of the ~arbiter or arbiters may be filed in court to carry-it into effect. The-arbiters, if they deem the case demands it, are authorized to award the party ~hose dontention is sustained, such sums as they~deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may reward damages for any delay occasioned thereby. The arbiters shall fix theirown compensation, unless otherwise provided by agreement, and shall fix their own compensation, unles~ otherwise provided by agreement, and sh~ll assess the cost and charges of the arbitration, upon either.or both parties. The award o~ the arbiters must be made in writing, ~7. ABONDON~ENT OF CONTR&CT 7.01ABONDONMENT BY CONTRACTOR. In case the CONTRACTOR should abondon and fail or,refuse to resume work within ten(10) days after written notification fromthe OWNER, or'the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ~GiNEER, ~when such orders areicSnsistent with t~he Contract Documents~ then and in that case, where a performance~ bond exists, the Surety on the bond shall be notified in writing and-dir- 'ected to complete the work, and a copy of said notice shall ~e delivered to the CONTRACTOR. A~ter receiving~said notice of abondoment the CONTRACTOR shall ~not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same,~together with any~materials and equipment under contract for the work, may be held for use on th& work by the OW~ER or the Surety on the construction bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive~any rental or credit therefor (e~cept when used in connection with Extra Work,~ where credit shall be allawed as provided for under Section 6, Extra W0r~ and Claims), it being understood that-the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. ~ Where there is_no performance bond provided or in case the Surety should fail to commence compliance'~wi~h the notice for completion here-.~ inbeEore provided f0r, within ten'(10) days after service of SUch notice then the OWT~ER may provide for completion~of the work in either~of the following elective manners: 7,01i The OV~ER may thereupon employ such force of men and use such machinery, eqUipment, tools, materials and supplies as said O~ER may~deem necessary to com~ete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said con- tractor, andexpense so charged shall be deducted and paid by the O~ER out of such moneys as may be due, or that may thereafter at any time become due to theCONTRACTOR under and by'virtue of this Agreement. In case such expense is less than the su~n~which would have been payable under this contract, .if the same had been completed by the CONTRACTOR~ then the CONTRAGTOR~and/or his Surety shall pay the amount of such excess to the OWNER: or -7.012 The Ok~ER under .sealed bids,~!~after fice (5) days notive pub- lished one or more times in a )meT having general circulation-in the county of the loca the contract for the compiletion of t~he work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to the OV~ER nnder the new contract as compared to what wOuld have been in cost under this contract, such inc:rease shall be charged to the CONTRACTOR~ and[ the Surety shall be and remain bount therefor. However, should the cost to complete any sUch new contract prove to be less than what would have been the cost to complete under this contract, the CON¢ TRACTOR and/or ~his SUrety shall be credited therewith. ~en the work shall have been sustatially completed the CONTRACTOR and ]his Surety shall be so notified and Certificates of Complet~6nnand Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A c~plete item±zed statement of the contract accounts, certifiedbo'by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, ~or the O~ER as. the case may ~be, shall pay the balance due as reflected by said statemen~ whthin fifteen (t5) days after the date of such Certificate of Completion. In-the event the statement of accounts shows that the cost to com- plete the work is less than that whic]h would have been the cost to the OWNER had the work been completed by 'the CONTRJ~CTOR under the terms of this contract; or when the CONTRACTOiE and/or his Surety shall pay the balance shown to. be due 'by them to the OWNER then all machinery, equip- ment tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or ]his Surety. ShOuld the cost to com- plete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OV~ERwithin the time designated hereinabove, and there remains any machinery~ equipment, tools, materials or supplies~ on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed the con- tractor, provided; however, that actu~lwritten notice given in any man- ner will satisfy this condition. After.mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR-and his Surety only to the duty of the O~ER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit' of the CONTRACTOR and hi~ Surety. Such sale may be made at either pub- lic or private sale, with or without notice, as the O?~ER may elect. The O'~ER~shal. 1 release any machinery, equipment, tools, materials, or supplies,-which remain on the work, and belong to persons other than the CONtrACTOR or-his Surety,~ to their proper owners. The books on all operatiens provided herein shall be open to the .CONTRACTOR and his surel~y. 7.02 'ABONDON~ENT BY OV~IER. In case the OWNER shall fail to comply with the ten~s of this contract, and should fail o~ refuse to comply with said terms within ten (lC) days after written notification by the CONTRACTOR, 'then the CONTRACTOR may suspend or wholly abondon the work, and may remove'therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the LNGINEER shall make an estimate of the total amount earned 'by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached pro- posal where unit prices are used), the value of all partially completed . work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this bontract, and a reasonable sum to cower the-cost of any provisions.made by~the"CONTRACTOR, to carry the whole work to completion andwhich e~nnot be utilized. The ENGINEER shall then make a final statement of the bal- ance due the CONTRACTOR by deducting from the ~bove estimate all previous payments by the OWNER and all other s~nns that may be re~ained by the OVfNER under the terms of this Agreement and shall certify same to the OWNER who ~shall pay to the CONTRACTOR on or before thirty (30~ days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of the Agreement. ~ ~ABOR. CLASSIFIcATION'AND GENERAL PREVAILING WAGE RATES This is a "Public Works" Project, as defined in House Bill No-. 54 of the 43rd Legislature o~ the State.of Texas and-House Bill No. ll5 of the &~4th Legislature of the State of Texas, and as such is subject are to the provisions of said House Bills.. No provisions herein are intended to be in conflict With the provisions of said Acts. In accordance with the provisions of said House Bills, the City Council of the City of Plainview, Texas, has ascertained that the follow- ing wage rates per diem and per hour, for each craft or type of workman or mechanic needed to execute this contract, now prevail in the.locality in which this work is to be performed. The Contractor shall, pay not less than the wage rates sh-ewn below for etch craft or type of laborer, work- man and mechanic employed in the execution o~ this contract. ?~VA!LING ~%%GE RATES IN THE LOCALITY OF THi~ PROJECT FOR LABORERS, WORK- AND MECHANICS. Skilled Labor Prevailing per diem PrevailingS?age CBamed on Eight Hourly Hour !$orking · Day) ~fage Rate Ason~£t ~lant ~ixer Operator~ Bricklayer, journeyman Carpenter, ~ourn~vman Concrete Finisher~(Pavement and structures~ Concrete Batch Plant Operator Crane, Dragline or ShoVel Operator ~/~ cu. yd. & over~ Crane, ~ragline or Shovel Operator (under 3/4 cu. ~rusner ~oera~or l~ tons per hour and up] Dozer Operator (Tractor over 55 Elevating Grader Operator Form Builder or Setter (structures) Form Liner (Concrete payement) Hoist Operator (2 or more active drums) Manhole Builder, brick Mechanic Motor Grader Operator (Finishing pavements and bases) Painter, journeyman Paver Operator (27-E or over) Pile Driver:Operator Plumber, Journeyman Powderman (heavy rock) Reinforcing Steet Setter (Structures) Roller Operator (Self-propelled, finishing pavement surfaces) Scraper Operator (over 7 cu. yd. StoneMason Structural Steel Work~ Welder (Structures) Winch Truck Driver & Operator lo.~u $ 1.30 ~2.oo 2.75 16.00 2.00 11.20 1.40 10.OO 1.25 12.00 1.50 1i.20 1.40 11.20 1.~0 12.00 1.50 11.20 1.40 ll,20 1.40 11.20 1.40 ll.20 1.40 12.00 1.50 12.00 1.50 12.00 1.50 12.00 1.50 12.80 1.60 12,40 1.55 19.60 2.45 10.O0 1.25 10~0 1.30 10.00 1.25 12.00' 1.50 10.80 1.35 12.00 1.50 13.20 1.65 12.00 1.50 10.40 1.30 Intermediate Grade Labor Air Tool Operator Asphalt Plant Fireman Asphalt Raker Blade Grader Operator Blacksmith, rough Carpenter, rough Caulker, pipe Concrete Vibrator Operator Concrete Spreader Operator Crusher Opemator (Under &O tons per hour) Distributor Driver ~istributor Operator Dozer Operator (Tractor under 55 HP) Finisher's Assistant (concrete) Finishing Machine Operator Flexplane Operator Form Builder, Setter Helper (Structures) Form Grader Operator Hoist .Operator Kettleman Loader Operator Mechanical Longitudinal Float Operator Mixer Operator' (Less than 27,E) Motor Grader Operator Oiler Painter, rough~ 8,80 1.10 8.80 1.10 8.40 1.05 9.20 t. 15 9.20 1.15 12.00 1.50 8.80 1.10 8.OO 1.00 9.20 1.15 ~.~0 1.05 8.80 1.10 9.20 1.15 8.8O 1.10 8.80 1.10 10.00 1~25 9.60 1.20 8,80 1.10 8.80 1.10 8.80 1.10 8.80 1.10 8.80 1.10 lO.O0 1.25 8.40 1.05 10.40 1.30 8.40 1.-O5 16.00 2.O0 PREVAILING %fA(~E RATES CONTINUED Skilled Labor Continued Prevailing per diem ~e~ (BhSed on Eight Hour Working Day) Pile Driver Loadman $ 8.00 Pile Driver Holder 8.00 Powderman (light rock) 8.00 Dump Man 8.00 Roller Operator (Self-propelled) 8.00 Scraper Operator.(7 cu. yd.. and under) 8.80 Spreader Box Operator 8.00 Subgrade Operator 8.00 Tractor Operator (20 or more HP 8.00 Trenching Machine Operator 8.80 Truck Driver (Over l½ tons) 8.00 Yarner, pipe 8.80 Wagon Drill Operator 8.,80 Asphalt Loader and Shoveler 8.00 Asphalt Plant MiscellaneOus Labor 8.00 Carpenter's Helper 12.00 Cement Handler 8.00 Concrete Curer (mats, paper, membrane 8.00 Concrete Puddler, Spader, shoveler 8.oo Dumper (Wagon, truck, etc.) 8.00 Finisher's Helper 8.00 Form seater's Helper 8.00 Form Oiler, Puller, or Stripper 8.00 Flagman 8.00 Labor, Miscellaneous, Unskilled 8.00 Mechanic's Helper 8.00 Painter's Helper 8.00 Pit Man 8.00 Pile Driver Workman 8.00 Pipe Layer 8.80 Powder Monkey (helper) 8.00 Reinforcing Steel Labor 8.00 Piprap Placer 8.00 Subgrad~ Laborer (hand tools) 8.00 Tractor Operator .(Under 20 HP) 8.00 Truck Driver (Under l½ tOns) 8.00 Water Boy 8.00 Watchman 8.00 Prevailing Hourly WageRate $ 1.00 1.00 1.00 1.00 t.00 1.10 1.00 1.00 1.00 1.10 1.O0 1.10 1.10 1.O0 1.O0 1.~o 1.00 1.00 1.00 1.00 1.00 1,00 1.O0 1.O0 1.O0 1. O0 1.O0 1.O0 1.O0 1.10 1.O0 1.O0 1.OO 1.O0 1.O0 1.OO 1.O0 1,O0 All extra work, overtime, work on Sundays and legal holidays shall be paid format the regular governing rates; except %hat all time over 40 hours per'week shall be paid for at the rate of l½ times the regular hourly rate. During the construction period, the Contractor shall keep a copy of each 'weekly payroll available in the i:mmediate vicinity of the project and shall allow inspection of such payrolls at all reasonable hoursby any ~uthorized representative of the City of Plainview. The Engineer may require the Contractor to 'file an affidavit for eac~ payroll that each payroll is ture and accurate rePort of the full wages due and paid to each person employed by said Contractor or Sub-Contractor. SPECIAL CONDITIONS GENERAL: The provisions of this section of the' SPecifications shall govern in the event of any conflict between tlhem and the General Conditions of Agreement. 2. SCOPE OF. THE WORK: The wor~_se~ out in the Proposal shall be located within the City Limits of the City of Plainview, Texas. This work shall consist of theconstruction of curb and gutter and paving of streets and the Construction of certain drainage structures connedted with such street improvements. The work-shall be divided into units of construction cansisting of blocks, portions of blocks, or groups ,of blocks as set out in the p~ans and identified by unit ~mmbers. ~D~'Each unit of construction shall upon completion be subject to being accepted by the City of Plainview as a completed project. ORDER AND PROSECUTION 0F THE WO~K_~ Since this work is to be divided into individual units of construc- tion, the order of such work and the commencement of such work shall be determined for each individual unit of construction. The Contractor shall not be required to commence work on any pro' ject prior to the completion of the legal proceedings necessary in making the assessments against the property. However~ the Contractor may start work at any time on any unit for which financing has been obtained, sub- ject to the issuance of a Commence Wbrk Order by the Engineer. The Engineer shall issue a Commence.Work Order for each' unit of construction_and the Contractor shall commence work within ten'days after the written notice to do so has been given him. The Commence Work Order shall not be given for any unit of conl struction for which installation of utilities necessary ahead of the paving work has not been completed. The commencement of the w~rk on any unit is therefore contingent upon the completed installation of all water, sewer, or-gas conStruction projected for the current de- velopment of.the area. The order of the work shall be such that construction shall'pro- gress at all.times. The Contractor shall not schedule his work so that unreasonable periods of time elapse between phases of construction. During construction, the street shall be open to traffic except when conditions set forth in the Specifications, or as directed by the Eng- ineer, prohibit such. Base material shall be knOcked down., subgrade filled, and material adjusted to permit egress and ingress for busiKess and residential driveways, and any other operations shall be performed necessary to provide for a reasonable flow of traffic, However, if in the judgement of the Engineer and in accordance with conditions set forth in the Specifications, it is necessary to Close the street to traffic, then the traffic on said street shall be prohibited. Since the work is to be set up on a unit of construction basis and the commencement date of each unit is indefinite, a time of completion guarantee will. not be required other than that theContractor shall agree to complete each unit of construction as soon as is reason- ably possible from the date of the Commence Work Order. No penetration type asphalt surface treatment shall be. applied be- tween the fifteenth day of October and the first day of March. Hot mix asphaltic concrete surface treatment shall not be applied between the fifteenth day of November and the first day of March. &~. ~MATERIALS FOR CONSTRUCTION: (a) Base Material - It shall be the resonsiblility, of theContrac- tor to obtain a source fDr suitable base material. (b) W%ten- The water used in performing the work will be furnished by the City of Plainview at no charge to the Contractor. The water may be obtained from any convenient fire hydrant, providing a loading rack with a locking valve flow control piping arrangement is used. Use of the~ f.i~'e-..h~rant~Tor~ur~ihg~ithe~wa~er~on and e~f during loading operations will not be permitted. The loading rack and piping arrangement shall be subject to the Engineer's approval. (C) Other Materials - Other materials used in the work shall be as specified. Test reports showing sufficient information to indicate that aggregates meet specifications shall be furnished prior to-use for approval of source. Certified mill tests on each car of cement shall be furnished. Certified plant tests and Certificates of Compliance with each shipment shall be furnished for all asphaltic materials. 5. DEsiGNATiON~ OF SUB*CONTRACT~RSSAND'~ORM~NUFACTUR~S:~ , ~ ........ In the event any portions of this contract are to be sub-let, the sub-contractors and/or, manufactures shall be designated. Experience records, equipment and ,other information required from the ContractOr shall be made available concerning the sub-contractors and/or the manufacturers. 6. PROTECTION OF LANDSCA?ING ANDOTHER PROPERTY: ~ ....... ~ The Contractor shall exercise er. ~recaution in order to prevent injury to any trees, shrubs;" , 'and other property lying outside the limits of the proposed'work. The Contractor shall furnish and maintain all necessary watchmen, w~rning signs, barricades, and flares for the proper protectioh of the work and the public. No portion of the work where a dangerous condition exists ~hall be left without adequate warnings and protection. 8, INSURANCE {a).~ Gneeral - The Contractor shall not commence work under this contract until he has obtained all insurance required under this item, has furnished[ proof of same to the Ov~er, and the Ov~er shall have approved ~ame, nor shall the Contractor allow any sub-contractor to com- mence'work until all similar insurance has been obbained and approved. (b)~. Compensation Insurance - The Contractor'shall maintain such insurance as will protect the Contractor, the Owner and the Engineer from · claims under Workmen~s Compensation Acts, and any amendments thereof, and from any other claims for damages from personal injury, including death, which may araise from operations under this Agreement, whether such operations be by himself or. by any sub-contractOr, or anyone ~irectly.or indirectly employed by either of them. Certificate of such mnsurance Shall be filed with the Owner, and shall be subject to his approval for adequacy of protection. (c) Public Liability andProperty Damage - The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as will protect him and any sub-contractor performing work covered by this contract, from claims for damages, for personal~injury, including accidental death, as well as for claims for Property Damages, which may araise fr~m operations under this contract, whether such operations be by hi~se!f or by ~ny sub-contractor or anyone directly or indirectly employed by eitlher of them. The amounts such insurance shall be as follows: Public Liability Insurance in an amoun~ not less than $100,000 for injuries, including accidental death, to any one person, and subject to the same limit for each ]person, in an amount not less th~m $200~000.00 on ac- count not less than $5,000.00. The Certificate of Insurance as provided by the form furnished above shall be completed by ~he Bidder and submitted with his bid. 9. CLEANUP: After cpmpletion of each unit of construction, the site of the work shall be thoroughly cleaned of all excess materials, debris, and con- strucl~ion equipment. The finished work and the adjacent area upon which the Contractor was required to pass in the execution of the work shall be lef~ in a neat condition to the satisfaction of the Engineer. 10. REVISIONS OF PLANS: The plans included with these Specifications are subject to limited change. ~en such revision is made, payment at the unit prices bid shall govern for the re¥ised'quantities. 11. FINICIAL: (a) Cost Distribution The method to be used in determining the costs in each unit of con- struction of this project shall be as follows: ~e Front Foot Plan or Rule will be used in determining the distrib- bution of Costs. In'order to arrive at a uniform assessment rate of each ~nitof Construction, the Total Cost of the Unit of Consturction will be distributed in accordance with the~Front Footage abutting the proposed improvements. The ~o:~1 Costl'of the proposed improvements in the Unit of Construc- tion shall be the sum of the costs of the various items bf construction involved in the Unit of Construction as bid by the Contractor plus 5% of the sum of these costs for engineering. The Property Owners' Share of the Total Cosf of Unit No. i shall be calCulated as 30% of the TOtal Cost for Unit No. 1. The Property O~mer's Share of the Total Cost of the Unit No. 2 shall be calculated as 75% of the Total Cost of Unit No. 2. The Front Foot Cost to the Property O~mer shall be. the Property Owners' Share as defined above divided by the Total Front Footage of th property Owners' Abutting~Property. The City's Share of the Total Cost of Unit No.~ i shall be calculated as 70% of the Total Cost for Unit No. 1. The City's Share of the Total Cost of Unit No. 2 shall be aclculated as 25% of the Total Cost of Unit No. 2. (b) Assessments and Security to Contractor The necessary O~nership Certificates covering the various pieces of property abutting on the street to be improved can be furnished by the City. Such certificates shall show the name of the recorder owner, the legal desCription of the property, and the Width of the~frontage abutting on the street. The City of Plainview will calculate the amounts to be assessed and will pass t~he necessary Ordinances, Resolutions and Orders required by the Contractor for the purpose of making valid assessments against~ the property, and the owners thereof, which a buts the improvementS. The Contractor will be furnished copies of all Resolutions, Or- ~iances, Notices, and Prodeedings constituting a prerequisite to valid assessments prior to their passage an~/or publication for his examination. He shall in due time and prior to their passage make known to the City any objections-he may have thereto or any corrections in same desired by him. The City wilt fUrnish certified cspies of any prodeedings~ of the City Council' in Connection with said aSseSsments, duly acknowledged by'the City Clerk, in order that COntractor may file same of record in the County's Clerk Office, if he so desires. The contractor shall have free access to all pertinent proceedings in this connection. The Contractor will be given reasonable time prior to the commence- ment of the work to secure Mechanic's Lien Contracts for abuttingproperty which is classified as a homestead,'against which a valid assessment cannot be made; however,.failure by the Contractor to secure such Mech- anic's Lien Contracts will not in any way relieve the Contractor of his obligation to construct and complete the Work'as set.out in the Plans and Specifications. (c) Payments and Collections Upon the completion of a unit of construction by the Contractor and upon its acceptance by the City, the Contractor shall collect the prop- erty owners~ share as previously defined and in a manner hereinafter described. The City will pay its share as previously defined upon the completion and acceptance of a unit or gr.~up of units. .. The Contractor agrees to accept, ~i~hout recourse, the assessmenb certificates issued zn accordance with Article ll05b Of the Revised Civil 'Statutes of Texas as amended by Acts of the Legislature, payable in three (3) equal payments, the first payable within t~n days after completion of the work and its acceptance by the City and the remaining two (2) payments being payable in one and two years after said date of acceptance at the rate of six (6) per c&nt per annum. The Said certificates will provide that theowners of the abuttin~ property shall have the right to discharge any installment before maturity by payment thereof with accrued interest and should owners of the abutting property default in any installment, then all installments shall mature at the option of the Contractor or holder thereof. The entire responsibility for collection of assessments shall be upon the Contractor. The personal liability of the property owners and the lien upon their property, as fixed by .such assessmest~.~shall be enforced in the~.manner~provided in Article ll05b of the Revised Civil Statutes by sale of said property as for advaloreum ~axes of the City, or any other manner provided by law, or by civil sui~ in any court having jurisdiction, together with cost and reasonable attorney's fees if incurred. 13, The ~ayor is hereby directed to execute the aforesaid contract in the name of the City of Plai Texas, and the City Clerk shall attest and impress thecorpora~ t~heCity of Plainview thereon, and w.hen same shall have been properly signed by thc ~icL ~ryan ~ Hoff~an, Paving Contractors, the said contract and all of its terms and provisions shall be in full force an~ effect. &. This re~blution shall be in f~l force and effect from and after its passage. P~o~D ~D AP'PROVeD THIS 21st day of ~arch, 1960. M. B. Hood P. H. Bryan ~ity C!e~k Nay~r Moved by Alderman Irby and s~cond,~ by A£merman ~zine that Urdin~nc~ No. 723 be adopted, decalring necessity naming streets to be improved etc. The Motion Carried. ORDINANCE NO~3 AN ORDINANCE DECLaRiNG PUBLIC NE~ESSITY FOR THE IMPROV~ENT OF CERTAIN DESIGNATED PROTIONS OF CERTAIN DESIGNATED STREETS IN THECITY OF PLAIN- VIEW', TEXAS, SPECIFYING THE NATURE AND TYPE OF oUCH ~!PROVEMENT, EST- ABLISHING THE METHOD OF PROCEDURE THEREOF, DESIGNATING AND SEPARATING UNITS OF 7~RK, ALLOCATING-DIVISION OF ?~A~NT OF COST, PROVIDIM~ R%/LE FOR APPORTIONmeNT O? CO~T, FIEING T~E, ~9 ~ CONDITIONS OF PAY- MINT OR COST AND PROVIDING AND DEFINING ASSESSMENTS THEREFOR, SPECIFYING NATURE OF ASSESSMENTS LIENS AND PERSONAL LIABILITY, PROVIDING FOR ISS- UANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESS- MENT FOR GOSTS, PROVIDING FOR HEARING AND NOTICE OF HEARING FOR ABUTTING PROPERTY OWNERS PRIOR TO'ASSESSMENT, PRESCRIBING THEPROCEDURE FOR'SUCH HEARING, DIRECTING CITY ENGINEERTO PREPARE EST~4ATES OF COST OF I~ROVE- NENT AND AMOUNTS OF PROPOSED ASSESSMENT, PROVIDING FOR PERFO~4ANCE OF WORK BY CONTRACTOR, PROVIDING FOR MANNER AND ~THOD OF PAYM~ENT OF CON- TRACTOR AND D~:LARING ~N ~VZRGENCY. BE IT O~DAINED BY THE CITY CGUNCIL OF THE CITY OF PLAiNVIE~, TEXAS: That public necessity exists and :requires that the following portions of the designated streets in the City of Plainview, Texas, shall be proved, as herein provided, to-wit: UNIT ]NO. Li: All of that p~rtion of B:roadway Street in the Town of Plain~iew,..-Hale County, Texas, and described as follows: (a) On the East side of said Broadway Street from the South side of North Second Street South to the South side of South Tenth Street. (b) On the West side of said Broadway Street from a point 300 feet South of North Second Street South to the South sdie of South Tenth Street. UNIT NO. 2: All of that p~rtion of Second Street in the Town of Plain- v~ew, Hale~County, Texas, and described as follows: (a) From the West side of Austin Street to the E~st side of Col~mmbia Street. ~ ll. That said portions of such designated streets shall be improved by raising, grading and filling same, and by installing concrete curbs, and gutters, bridges, culverts, and where neces_sary, storm sewers and drains and by paving with the following type of material on specified foundations UNIT NO. 1: ALTERNATE: The paving to be fifty-eight feet wide of triple asphalt sur- face on six inch compacted caliche base. UNIT N0. 2:, ALTERNATE: The paving to be forty feet wide of triple asphalt surface on six inch compacted caliche base. 111. That the specified improvement of the specific Units as herein des- ignated shall be in accordance with and in conformity to the procedure established and outlined in Chapter 9, Title 28, Revised Civil Statutes of Texas, 1925, the terms and provisions of which have heretofore been adopted by the City of Plainview. 1V. That the specific imorovement of any specific Unit as here in designated shall be separate and distinct from the improvement of any other such Unit, and the assessment~levied for such improvement shall be separate and distinct from the assessment levied in any other such Unit, and the said improvement and assessment for improvement, in any specific Unit as herein designated shall not inter-dependently affect or be affect- ed by the improvement or assessment in any other such Unit. The allocation of payment for the specific improvement of each specific Unit as herein designated, shall be as follows: 1. RailWays using, occupying or crossing any portion of a specific Unit as herein designated to be improved, shall be assessed for and shall pay for the entire cost of such improvements in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. 2. (a) The abutting property and the owners thereof of Unit No. 1 as herein designated to be improved, after deduction of the sum to be paid by Railways under Sub, paragraph i abOve, shall be assessed and shall pay for thirty per Cent (305) of the cost of such improvement. (b) The abutting property and the owners thereof of Unit No. 2 as herein designated to be improved, after deductiOn of~the sum to be paid by Railways under Sub-paragraoh t above, shall be assessed and shall pay for seVenty-five ~er cent ~75%) of the cost of such improvement. The cost of Culvert Noj 2, se~ out as Item No. 9, which is a part of the construction of Unit No. 2, is not considered by the City' of Plainview to be an item which is to be assessed agianst the abutting property owners~in its'entirety. TherefOre, the City Engineer shall, mn calculating the amount and the proportion of the total cost to be paid by the abutting property owners delete from his calculations to said Item No. 9 amounting to $3537.7~, which amount shall be paid by the City of PlainView. (c) In conuection with the above assessment,'ShOuld it appear at the hearing to be held before the final assessment is' made, that the special benefits to such property by waFj~of enchancement of value thereof by virtue of such improvement (to both Unit No. i and Unit No. 2) will not aggregate such proportion of the cost specified above, then there shall be assessed and shall be paid by such ~abutting property and the owners thereof a lesser amount, not to exceed the benefits of the said improvement. 3. The city of Plainview, after deduction of the sum assessed against Railways, under sub-paragraph l, and after deduction of the~ sum assessed against the abutting property and the owners thereof, under Sub-paragraph 2 above, shall pay the remaining cost of the ~aid improvement. V1. That the part of the cost of the specified improvement of each specific Unit as herein designated, which may be assessed against abutting property and owners thereof, shall be apportioned among the parcels of abutting property and owners thereof in acco~dance~with the Front Foot Plan or Rule. 1. In connection with the above apportior~ent, should it appear that the application of the above plan or rul~ would, in the opinion of the City Council of Plainview, in particular cases result in injustice or inequality, the said Council sh~ll apportion and assess said costs in such proportion as it may deem just and equitable, having in ~iew the special benefits and enhanced value to B® re-coiled by such parcets~.6f -~r.oper~y a~d owners'~m~there~ °.ties of such o~ers and the adjust- ment of'~ such apportionment; p~oduce a subsantantial equality of benefits received and burdens imposed. That the time, terms and conditions of oayment of the amounts to be assessed and to be paid for the specified improvement of a specific Unit as herein designated shall be as follows: 1. The a~ounts asseSsed against and to be paid by Railways for sucl improvemenv in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof, shall be paid on estimates.or statements, on or before 10 days, after completion of the specified improvement .of the specific Unit as herein designated, and. the acceptance of same as satisfactory by the City of Plainview, and such amounts so assessed shall bear interest from that_date until paid at the rate of 6% per annum. 2. The amounts assessed ag&inst and to be paid by the abutting property and the owners thereof for such improvement shall be paid in three equal installments, respectively due as follows: The first installment shall be due.and payable t0 days after the completion of the specified improvement of such Unit as herein design- ated and the acceptance of same as satisfactory by the City of Plainview: The second installment shall be due and payable on year after the first insta].~nent is due and payable; and The third installment shall be due and payable two years after the first inSta~bnent is due andpayabte; and all such amounts so assessed shall bear interest annually from the date the first installment is due and payable until paid at the rate. of 6% per annum. (a) In connection with the installment pa}~ent of the above assessments, it shall, in addition, be provided that default in payment of any installment or interest when due, shall at the option of the holder of~ such obligation, mature and render due and payable the entire unpaid balance of such obligation. That the amounts to be assessed and to be paid for thespecified improvement of a specific Unit as herein designated, shall be a first and prior lien against abutting property therein from the date such improvement is ordered by Ordinance as hereinbefore provided,~and shall be a personal liability and charge against the true o~mers of such porperty at said date, whether named or not. 1. The City Council of Plainview, Texas, shall cause to be issued, in the name of the City, assignable certificates in evidence of assess- ments levied, declaring the lien upon the property and the liability of the true o~er or owners thereof, whether correctly named or not, and shall fix therein the terms and Conditions of such certificates. (a) The above certificates shall recite substantially that the proceedings with reference to making the improvement therein re-. ferred to. have been regularly had mn compliance with the law, and that all prerequisites to the fixing of the assessment lien against the property described in the said certificate, and the personal liability of the owner or owners thereof have been performed. (b) The aboVe certificates shall be prima facie exidence of all the matters recited in said certificates, and no further proof there- of shall be required, and in any suit upon any assessment or re-assessmen in evidence of which a certificate shall have been issued hereunder, it shall be-sufficient to allege the substance of the recitals in such certificate and that such recitals are in fact true, and no further allegation with reference to proceedings relating to such assessment or re-assessment ~shall be .necessary. 2. Such assessments shall be collectable with interest, expense of collection and reasonable attorney's fee, if incurred, and shall be a first and prior lien on the property assessed, superior to all other liens and claims except State, County, School District and City ag valorem taxes, and ~hall be a personal liability and charge against said owners of the property assessed. That no assessment for the specified improvement of the specific Units as-herein Provided shall be made against any Railway or its ~ owners, nor against any abutting property or its owners, until after notice and opportunity for hearing by and before the City Council of the City of Plain.view, and no such assessment shall be made against any abutting property or owners thereof in excess of the specia~ benefits of such p~oper.ty and its owners in the enhances value thereof by means of such improvement. 1. In connection with the above hearings, the owners of such Railways or the owners of any interest therein, and the owners of such abutting property of the owners of any interest therein, shall have the right,-at such hearing, to be heard on any matter which is a prerequisite to the validity proposed assessment, and to contest the mmount of the proposed assessment, the lien and liability therefor, the special benefits to the abutting property and owners thereof by means of the improvement for which the assessment is to be levied,~ and the accuracy, sufficiency, regularity, and validity of the proceedings and contract in connection with such improvement andproposed assessment. 2. In further connection with the above hearings, the City- Engineer is hereby ordered and directed to prepare and file with the City, estimates showing the cost of the specified improvement of each specific Unit herein, together with the description of abutting property in each Unit, the names of the owners of such property, and the amount proposed to be assessed against each parcel of property in each such Unit, and all other matters and things required by law in connection with the proposed assessment. a. It is provided, however, that any mistake in such estimates o~,'~inrthehamount and in the description of the property, or in the names of the owners thereof, shall in no wise affect, invalid- ate or impair any. assessment which may be levied. That the specified improvement of the specific Units as herein designated shall be made by Bryan & Hoffman, a partnership composed of W. E. Bryan and C. L. Hoffman, Paving Contractors, under the terms and provisions of the contract heretofore entered into by and between the City of Plainview and the said Bryan & Hoffman, after public advertisement for sealed and competitive contract bidS, based upon. the plans.and specifications for the improvement herein specified. That the proportionate part of the specified improvement of the · ~ specific Units herein desmgn._.ted, which is.chargeable to-the City of Plainview as herein provided, shall-be paid out of-the~'funds of the 'City presently on hand and heretofore allocated for street improvement. 1. In connection with t'he above payment, the City of Plainview shall not in any manner be liable for the payment of any sum-assessed against any property and the owners thereof for the specified improve- ment herein ordered, and the said aforesaid Bryan & Hoffman, Paving Contractors, shall look solely to ~aid property and the owners there- of for payment of the sums assessed against such respective parcels of property, but the City of Plainview shall exercise all of its lawful powers to aid in the enforcement andcollection of said assessments. Xlll. That the fact that the specified improvement of the specific Units as herein designated are in such urgent need of such improvement while the condition of the weather will permit such improvement while the condition of the weather will permit such improvement, creates an emergency~and imperative public necessity for the immediate preserva- tion ~of the public peace, property, health and safety, requiring that any rules that an ordinance be read at more than one meeting of the City Council of Plainview, and all rmles prohibiting the passage of an ordinance on the day introduced and the taking.effect of the same on the date of introduction and passage, be and the same are hereby dispensed with and suspended, and this ordinance shall take effect and be in force from and after its passage~ PASSES AND APPROVED this 21st day of March, 1960. M. B. Hood MAYOR ~TTEST: P. H. Bryan CITY CLERK It was moved b~'~A~e~man Taylor~ and seconded by Alderman Irby that' t ~Ordinance No. 72~'~%~'"'~a~'o'~d~~% ...... ~ ......... '~' The Motion Carried. ORDINANCE NO. 72~_ AN ORDINANCE ASSERTING THE COR~RECTNESS OF PREAMBLB, RATIFYING, APPROVIN~ .AND~DOPT~NG ESTIMATES, ROLLS AND STATEMENTS OF THE CITY ENGINEER 'OF THE CITY OF PLAINViEW, TEXAS., _ORDERING HEARING TO BE GIVEN TO THE O~ERS OF ABUTTING PROPERTY-PRIOR TO ASSESSMENT FOR IMPROVEMENT OF SUCH ABUTTING PROPERTY, PRESCRIBING PROCEDURE FOR SUCH HEAd~iNG,~ NAMING DATE, TIME AND PLACE. OF~ SUCH HEARING,~ ORDERING CiTY CLERK TO GIVE NOTICE OF THE TIME, PLACE AND PURPOSE OF SUCH HEARING, PRESCRIBING SUBSTANCE OF FORUM OF SUCH NOTICE AND DEC~AR!N~ AN EMERGENCY. - ......... - WHEREAS, the City of Ptainview, Texas, by Ordinance No. 72~, has heretofore determined that public necessity exists and requires that the following portions of the designated streets in the City of Plainview, Texas, shall be improved, as therein Provided, to-wit: UNIT NO. 1.'~ All of that portion of Broadway Street in the Town of Plain- view, .Hale~County, Texas, and described as follows: (a) On the East side of said Broadway Street from the South side of North Second Street South to the South side of South Tenth Street. (b) On the West side of said' Broadway Street from a point ~00 feet South of North Second Street South to the South side-of South Tenth-Street. UNIT NO. 2: All of that portion of Second Street in the To~m of Plain- view, Hale County, Texas, and described as follows: (a) From the West side of Austin Street to the East side of Columbia Street. WHEREAS, the City of Plainview, Texas, by Ordinance No. 723, has heretofore determined that said portions of such designated streets shall be i concrete c sewers and specified UNIT NO. I ALTER~ATE: surface on UNIT NO. , ALTERNATE: on six in~ ~ERE tofore pro specific U or its own after noti oI the uit any abutti fits of su means of s heretofore owners oI owners of shall have is a iprere contest th therefor, thereof by levied, an proceedin~ posed asse mproved by raising, grading and filling same, and by installing urbs and gutters, bridges, culverts and where necessary, storm drains, and by paving with the following type-of material on foundation: The paving to be fifty-eight feet wide of triple asphalt six inch compacted caliche base. The paving to be forth feet wide of triple asphalt surface h compacted caliche base; and AS, the City of Plainview, Texas, by Ordinance No~ 723, has her~ vi~ed th2t no assessment for the specified improvement of the nits as herein designated shall be made against any Railway ers, nor against any abuttin property or its owners, until ce and opportunity for hearing by and before the City Councxz y of Ptainvie~, and no such assessment shall be made against ag property or o~mers thereof in excess of the special .bene- ch property and its o~,mers in the enhanced value thereof-by uch improvement: and AS, the-City of Plainview, Texas, by Ordinance No. 72~, has provided, in connection with the above hearings, thst the SUCh ~a~±ways or the owners of any interest therein, andthe such abutting property or t~e owners of any interest therein, the right a% such hearing to be heard on any matter which quisite to the validity of tlhe proposed assessment, and ~o s amount of the proposed assessment, the lien and liability ~he special benefits to the ,abutting property and the owners means of the improvement fo<r which the assessment is to be 1 the accuracy, sufficient, :regularity, a~d v~idlt¥ of the ~ and contract in connection with such improvement and pro- ssment; and ~H~EAS, the City of Piainview, Texas, by Ordinance No. 723, has heretofore, in further ~onnection with the above hearings, orderedand directed that the City Engineer prepare and file with the City, estimates showing the cost of the specified improvement of each specific Unit here- in, together with the description of abutting property in each unit, the names of the owners of such property, and amount proposed to be assessed against each parcel of property in each such Unit, and all other matters and things required by law in connection with the proposed assessment. NOW, THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: That all matters asserted in the Preamble of this Ordinance and all matters of fact hereinabove asserted are hereby declared to be ture and correct. ll. That the following estimates, rolls and statements of the City Engineer of the City of Plainview, Texas, filed in obedience to the directive restated in the Preamble herein, be, and the same are here- by, in respect ~o the matters and things therein contained, in entirely ratified, approved and adopted, to-wit: ~ ~0, GOZ.~ COST OF U~IT ~O. ~ ~ASED OM ~lD PRICES AND PROPOSAL 7. CO~C~ET~ VALLEY ~O~AL C~T~'~ Cos~ ~E~ E~T Foot That a hearing shall be given and, held by and before the City Council of the City of Plainview, Texas, to the owners of any Railways or the owners of any Railways or the owners of any interest therein, and to the owners of abutting property or the owners of any interest therein, in any of the Units as hereinbefore desibnated, at which they shall have the right to be heard on any matter which is a prerequisite to the validity of the proposed assessment, and to contest the amount of That a hearing shall be given and held by and before the City Counci of the City of Plainview, Texas, to the owners of any Railways or the owners of any 'Railways or the owners of any interest therein, and to the owners of abutting property or the owners of any interest therein, in any of the Units as hereinbefore desibnated, at which they shall have the right to be heard on any matter which is a prerequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, the lien and the liability therefor, the special benefits to the abutting property and the owners thereof by means of the improvement for which the assessment is to be levied, and the accuracy, ~mfficiency, regularity, and validity of the pro- ceedings and contract in connection with such improvement and prooosed assessment. AFFIDAVIT OF PUBLISHER qW~IE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on bhis day personally appeared ................ ~.,....Q~....~..$rl~. ......................... known to me to be the publisher of the Plainview Herald, a newspaper o~ general circt~ation p~blished ,'m Plainview, H~le County; said newspaper has been co,~tinuo~sly ~d larly :published in said Cmmty for a ~f mo~e ,than one yea~; w,ho om c~th and says ,$Bat a copy of the within .................. ....... L.e~..~.c~.ic.e...~ ................................. ....... ~ ........................ was published each week in the Plainview ......... ~ ............. ... H~r~]~d ......................................................... in its issues of ...... .A.l~... ~...~-.. ~.d...--.A. l~-.~.i..,1....-!~$ ....... the attached Clil~ping/is~a true copy of and publication. ~/'~,'~ ~ said ~ .. .... .......... L,?..~L::.-~ r ub~la~r.,~ /~.S~.~om to and ,ubs~ibed before/~ne, A. H~y Pubic, Hale ~unty, Texas. . Publisher's~ ' F~e $.L~..~ ...... A hearing will be g%ven and held by and before the City Council of ~he City of Plainview, Texas, to the owners of any Railways or the owners of any interest therein, and to the owners of abutting property or the owners of any interest therein, in any of the Units as herein- ~efore designated, at which they shall have the right to be heard on any matter which is a prerequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, the liem~and'tthe ~ia~ili~y tHerefor~ the special benefits to the abutting property and the owners thereof by means of the improvement for which the assessment is to be levied, and the accuracy, sufficiency, regul- arity, and validity of the proceedings and contract in connection with such imDrovement and proposed assessment. The hearing herein provided will be held in the Council meeting room of the City .Council of the City of Plainview, at'the City Hall in. the City of Plainview, Texas, on the 12th day of April, A. D., 1960,~a~ _ 7:30 PM, and will be continued"from~ime to time until the purposes thereof A-~e, in the opinion of the Council, fully accomplish- ed, and such hearing is in all respects to be conducted in accordance with the law. By Order of the City Council of the City of Plainview, Texas, under date of Narch 25th, 1960 . VI. That no notice other than that hereinabove provided shall be necessary, and publication of such notice shall be due and sufficient notice to any andall persons, firms, corporations and other parties. Vll. That the fact the specified improvement of the specific Units are herein designated are in such urgent need of such improvement while the condition of the weather will permit such improvement, creates an emergency and imperative public necessity for the immediate preservation of the public peace, property, health and safety, requiring that any rules that an Ordinance be read at more than one meeting of the City Council of Plainview, and all rules prohibiting the passage of the same on the date of introduction and passage, be, and the same are here- by dispensed with and suspended, and this Ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 25th day of March, 1960. ATTEST: M. B. Hood MAYOR P. H. Bryan CITY ~CLERK - It was moved by Alderman Cline and seconded by Alderman Irby that Ordinance No.725 (The Building Code) be adopted. The Motion Carried. ORDIANCE NO. 725 AN ORDINANCE~ ~ OF~ THE CITY OF PAAINVIEWREGULATING THE ERECTION, CONSTRUC~ TION, ~NLARG~iENT, ALTERATION, REPAIR, ~OVING, RE~OVAL D~OLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF PLAINVIEW, TEXAS: PROVID- ING 'FOR TH~ SoUANCE OF PEr, fITS AND COLLECTION OF FEES THEREFOH; PROVID- ING PENALTIES FOR THE VIOLATION THEREOF; DECLARING AND ESTABLISHING FIRE ZONES; REPEALING ORDINANCE NO. 278 OF THE CITY OF PLAINVI~, TEXAS, AND ALL O ~- ~ ~ TH~ O~DINANCE~ AND PARTS OF ORDINA~CES IN CONFLICT HERE~T~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF, PLAINVIEW: Sectional: That a certain document, thr'ee (3) copies of which are on fi~office of the City Clerk of the City of Plainview, Texas, being marked and designated as "Uniform Building Code, 1958 Edition, published by International Conference of Building Officials-, be and the same is ~hereby adopted as the Building Code of the City of Plainview for regulating the erection, construction, enlargement, alternation, repair, -moving, removal, demolition, conversion, occupancy~ equipment, use~, height, area, and maintenance of all buildings and/or structures ox the City of Plainview, Texas; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provi- sions, penalties, conditions and terms of such "Uniform Building Code, 1958 Edition, published by the International Conference of Building Officials", on file in the office of the City Clerk, are hereby referred to, adopted, .and made a part hereof as if fully set out in'this Ordinance, with the exception of Section 205 and Section 303 of the. said~""uni£Orm ~ilding Code, 1958 Edition, published by the International Conference of Building Officials", which are not hereby adopted. Section 2: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert ordemolish, equip, use, occup~-or maintain any building or structure'in the City of Plainview, Texas, or cause the same to be done, contrary to or in violation of any of the provisions of the "Uniform Building Code, 1958 Edition, published by the International Conference of Building Officials", which said Code and provisions of same are adopted in Sec- tion i of this Ordinance. Any person, firm or corporation violating any of the provisions of the said Code shall be deemed guilty of a misdemeanor, and each such person shall be ~eemed guilty of~a m~parate offense for each and every d day or portion thereof during which any violation of any of the provisions of said "Uniform Building Code" is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $200.00. Section 3: A fee for each building permit required under the said "U~iform Building Code" hereinabove adopted in Section I of this Ordinance, shall be paid to the Building Official as that term is defined in said ~Uniform Building Code" as set forth in Table No. 3-A- Building.permit Fees. Where work for which a permit is required by said Code is started or proceeded with prior to obtaining the said permit, the fees above specified shall be doubled, ~ut the payment of such double fee shall not relieve an~ persons from fully complying with the requirements-of said Code in the execution of the work nor from any other penalites prescribed herein. TABLE NO. 3-A New Buildings and Additions BUILDING PEPSi, IT FEES l~ per sq. ft. (Outside Dimensions) Open sheds, Cotton Warehouses & other similar Type Construction 1/2¢ per sq. ft. (Outside Dimensions) Gasoline or other volatile or Inflamable Storage Plants Service Station Storage Tanks Alterations - Old Buildings $5.00 $2. 0 $1.00 per $1,000.00 Cost Moving Permit 400 Square Feet or less One Story House Two Story House Larger Structures Per Day in Excess to two WFecking Buildings in No. 1 Fire Zone Installing or Remodeling Elevators Erection of Retaining Walls Insulating Materials in Existing Structures i1.00 .5o 5.00 $25.00 $2.~0 per Day $3.'00 $2.00 $1.oo $1.oo (b) Plan-Checking Fees. Whenever a plan is required to be sub- mitted by Subsection (c) of Section 301, of the ~Uniform Building Code" Adopted in Section i of this Ordinance, a plan-bhecking fee shall be paid to the Building Official at the time of submitting the plans and specifications for checking. Said plan-checking fee shall be equal to one-half of the building permit fee as set forth in Table No. 3-A. Section $: That ths entire incorporated area of the City of Plain- view ~s hereby~declared to be andis hereby established as a fire dis- trict, and said-fire district shall be kno~ and designated as Fire Zones l, .2, and 3, and each~such-zoneshall include such territory and portions of the City of Plainview, as follows: Zone I shall include the territory as set out and described metes and bounds as Zone i under Section l, Article I of Chapter ~ of "The. Code of the City of Plainvie~_-, TexaS, 1957". Zone 2 shall include the territory as set out and described metes'~and bounds as Zone 2 under Section l, Article I of Chapter ~ of "The Code of the City of Plainview, Texas, 195?".- Zone 3 shall include all of the territory within the City Limits of the City of Plainview not included in Zone i or Zone 2. Said Zones l, 2, and 3 of the City of Plainview are h~reby adopted as the fire zones of the City of Plainview, for the application of the regulations included in the said "Uniform Building Code, 1958 Edition, published by International Conference of Building Officials". ~ect.ion 5: Ordinance No. 278 of the City of Plainview, Texas, and all other Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Section 6: That the City Clerk shall certify to the adoption of this ordinance and cause same to be published. ~ PASSED the 4th~ day-of April, A. D., 1960. M. B. Hood A ~ . k~YOH ' TTEST. P. H. Bryan CLERK ' PETITION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Now comes B. B. Howle, R. N. Payne, the Plainview Independent School District, acting herein by and through its undersigned agent, hereunto duly authorized, C. B. JONES et mx RUBY E. JONES and OL C. COLLINS et ux ~IITTIE COLLINS, and would show the Honorable City Council of the City of Plainview, Texas as follows: me That your petitioners, whose signatures are affixed hereto, are bhe owners of portions of that certain trac~ of ~and known as the Terry Addition, Unit No. Two, an addition to the City of Plainview, Hale County Texas, the p~rtions of the tract b~ onging ~o each petitioner being more fully described in the dedication deed to such addition, reference to which dedication deed is made for the description of such portions and for all pertinent purposes. The Terry Addition, Unit No. Two is more particularly described as follows: BEGINNING at the Southwest corner of the Southwest onefourth of the Northwesb~one-fourth of Section No. 34, Block JK-2, G.C. & S.F. Ry. Co. Survey, Hale County, Texas; ~ THENCE North ~ 01' East 72.5 feet along the ~st line of Section 34 to the Northeast corner of a tract of land dedicated for a street by the Plainview Independent School District; THENCE West ~5 feet along the North line 8~ said tract to a point; THENCE North 0o ol' East at 5~5.3 feet pass a point iying 45' West of the Northeast corner of a school tract and Southeast corner of C. B. Jones tract, at 870 feet pass a point in the North line of the C. B. Jones ~ract and the Southeast corner of ~arren Hignst tract, at 1,1SO feet pass the ~rtheast corner of Warr~n Hi~gst tract and a point $5 feet ~s'~ of Southeast corner of O. C. COLLINS tract in all 1,195 feet to a point; ' THENCE Eas~ at 4~ feet pass a-point in West line of Section 35, lying 55' North of SoUtheast corner of O. C. Collins tract, in all 215 feet to a point; THENCE North 0° 01' East 15 feet to a point; THENCE East 1,150 feet to a point for the Northeast corner of _Terry Addition, Unit Nc.J; THENCE South Ol' West at 160 feet pass a 2" pipe set in concrete for a control monument at 585 feet pass a second 2" pipe set in concrete for a control monument, in all 712.5 feet to the Northeast corner of Terry Addition, Unit No. ~ THENCE South 6 32.8' West 238.94 feet along the Northwest line of said Unit No. I to a point; THENCE South ~ Ol' West along the West line of said Unit No. l, at 414 feet pass a 2" pipe set in concrete for a control monument for said Unit No. l, in all 486.5 feet to a point in the South line of the North- west one-fourth of Section 34, Block JE~2. THENCE West 170 feet along the South line of the Northwest one-fourth of Section 34 to the place of beginning. ll. Petitioners hereby represent to the Honorable City Council of the City of Pla~nview, Texas, that they are all of the tax paying, ~qualified voters residing in said tract of !~nd and territory hereinabove described and that said tract of land lies adjacent to the present city limits of City of Plainview, Texas. Ili. Petitioners will further show the Honorable City Council that said Terry Addition, Unit No. Two, to the City of ~±ainview, Tex~e i~ conti- guous to the city !!~its of the City of Plainview, Texas, and that such addition is in conformity with the.plans in and for said City, has been approved by the City Planning Commission, is accessible to sewer, ~ater and electricity, and that the o%mers of such addition have de4ie~ted the streets anG a££eys to the ~ublic. Petitioners further represent to the Honorable City Council that all of said land and property is suitable for building sites, and that it is desirable, expedient and for the best in%crests of the residents of said area and of the City of Plainview that said area be annexed to said City. WHEREFORE, we the undersigned petitioners, respectfully petition the Honorable City Council of the City of Plainview, Texas that the said area, territory and tract of land above described be annexed to the Oity of ~lainview an~ be subject to all of its authority, ordinance, powers and governmental functions. B. B. Howle R. N. Payne C. B. Jones ~j S. J'uN~S O. C. Collins O. C. uOL~iN~ Ruby E. Jones ~0~ ~. JON~ Mat~ie Collins i~L~.r~i~ uuLLiN$ THE PLAINVIEW INDEPENDENT SCHOOL DISTRICT BY: R.V. Payne Moved by Alderman Taylor and-seconded by Alderman Irby, that the petition be granted and Ordinance No~ 726 be passed. The 'Motion Carried ORDINANCE NO.__726 ~' AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CiTY LIMITS OF THE CITY OF PLAiNVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DE- TErmINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A ~AJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS WITHIN SUCH .&REA HAVE FILED WITH THE OITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINViEW, TEXAS. · W~EREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Pla nview, to annex and ~dmit the following described area and territory into the City of Plainview, Texas, to-wit: All of the Terry Addition, Unit No. Two, an addition to the Town of Plainview, Hale County, Texas, as shown by map and plat of same recorded in the Deed Records of Ha~ County Texas, and on file with the City Planning Commission of the City ~f Plainview, Texas. and on file with the City Clerk of the ity of Plainview, Texas; and ~ ~ W~EREAS, the City Council upon~a consideration of said petition, has found and~determined that a majority of the resident qualified taxpaying voters residing in said area have signed said petition; and WHEREAS, the City Council finds that all of said area is contiguous to the present City-Limits of the City of Plainview, and that it is desirable, expedient an~ for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview; NOW,~THEREFORE BE IT 0~ ~ 'EDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~, T~XAS: SECTION l: It is found and determined by the City Council that the following described tract of land, to-wit: All of the Terry Addition, Unit No. Two, as shown by map and plat of said subdivision recorded in theDeed Records of Hale County, Texas, and which subdivision is located on the following described tract of land, to-wit: BEGINNING at the Southwest corner of the Southwest One- Fourth of the Northwest one-fourth of Section No. 34, Block JK-2, G. D. & S. F. Ry.~ Co. Sur~ey, Hale County Texas; , THENCE North 00l' East 72.5 feet along the West line of Section 34, to the Northeast corner of a tract of land dedicated for a street bY the Plainview Independent School District; THENCE W~st 45 feet al ong the North line of said tract to a point; TNENCE North O' Ol' East at 585.3 feet pass a point lying 45' ~est of the Northeast corner of a school tract and Souty- east corner of ~. B. Jones tract, at 870 feet pass a point in the North line of the C. B. Jones tract and the Southeast corner of WArren Hingst tract, at 1,140 feet pass the North- east corner of Warren Hingst tract and a point 45 feet West of Southeast corner of O. C. Collins tract, zn all 1,195 feet to a point; THENCE East at &5 feet pass a point in West line of Section 34, lying 55' north of Southeast corner of O. C. Collins in all 215 feet to a ~poin~; THENCE North 0o Ol' East 15 feet to a point; THENCE East 1,150 feet to a point for the Northeast corner of Terry A~dition. Unit No. ~ THENCE South 0° Ol' West 160 feet pass a 2, pipe set in con- crete for a control monument at 585 feet pass a second 2- pipe set in concrete for a control monument in all 712.5 feet to the Northeast corner of Terry Addition, Unit No. l; THENCE South 6~ 32.8' West 238.94 feet along the Northwest line of sai~ Unit No. i to a point; ' THENCE South O'Ol' West along the ,West line of said Unit No. l, at 414 feet pass a 2" pipe set in concrete for a control monument for said Unit No. l, in all 486.5 feet to a'~point in the South line of the Northwest one-forth of Section 34, Block JK-2; ~THENCE West 170' along the South line of the Northwest one- fourth of Section 34 to the place of beginning; and all of which land lying and being situated in Hale Count~ Texas and is contiguous to the City Limits of the City of Plainview~ Texas. SECTION 2. It is found and determined that a majority of the qualified taxpaying voters residin~ in the above described area have duly sx~ged a petzt~on on f~le w~th the City Clerk, petitioning the City Council to admit, incorporate and annex the above ~escribed area into the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Section 4-of the City Charter of the City of Plainview. SECTION 3. It is found, determined and ordered by the City Council of theCity of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Ptainview. SECTION 4. It is further determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be subject to the control and jurisdiction of the City of ~inview and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED, this 4th day of April,. 1960. M. B. Hood M. B. HOOD, Mayor, City ofPlainview ATTEST: P. H. Bryan P.-~. Bryan City Clerk City of Plainview, Texas Moved by Alderman Geo. L. Taylor and seconded by Alderman Stokes that the following resolution be passed on this the 25th day of April, 1960. The Motion Carried. *ESOLY _!ON BE IT RESOL~ED that the City of Plainview, Texas, join with Vi~ian O. Graham and H. A. Hubbard in the execution of a dedication deed on the Merryman Addition, Unit No.-l, to the City of Plainview, Texas, which includes the tract conveyed by Vivian O. Graham as trustee to the City of Plainview, Texas, by deed recorder in Book l, page 155 , Deed Records, Hale County, Texas, and in the execution of the restrictions on the use of the property included in the addition, and that our Mayor execute and our City Clerk attest and affix our corporate seal of the dedication deed and restrictions presented to the meeting. Moved by Alderman Taylor and.seconded by Alderman Cline that Ordinance No. 727 be passed. (Hearing) The Motion Carried. ORDINANCE NO. 727~ AN ORDINANCE ASSERTING THE CORRoCTNES~ OF PRE~2~IBLE, CLOSING HEARING IN CONNECTION WITH SPECIFIED IMP~OV~NT OF CERTAIN DESIGNATED P~RTIONS OF CERTAIN DESIGNATED ~S~REETS IN THE CITY OF PLAINViEW, TEXAS, STATING THE EVIDENTIAL FINDINGS OF THE CITY COUNCIL IN REGARD TO SUCH IMPROVE- MENTS, LEVYING ASSESS~NT AGAINST OWNERS OF PROPERTY ABUTTING UPON SAID STREETS FOR A PORTION OF TH~ COST OF SAID i~ROVEN~ENT, DESIGNATING AND SEPARATING UNITS, SPECIFYING NATURE OF ASSESSMENT LIENS AND P~SONAL LiABILiTY THE~EFOR AND FIXING TIME, TEPJ~S AND CONDITIONS OF PAYMENT OF ASSESSED SUMS, PROVIDING THAT THE CITY OF PLAINVIEW, TEXAS, SHALL NOT BE LIABLE FOR THE PAY~I~NT OF ANY SUMS ASSESSED AGAINST ABUTTING PROPERTY AND THE O~ERS THEREOF, PROVIDING FOR ISSUANCE AND PROVISIONS OF ASSIGN~ COoT~ PROVIDING FOR ABLE CERTIFICATES IN~ EVIDENCE OF ASSESSMENTS FOR ~ ~ THE CORRECTION OF MISTAKES, ERRORS AND IRREGULARITIES tN ASSESSMENTS, PROVIDING FOR PERSONAL LIABILITY AGAINST THE REAL kk~ TRUE O~ERS OF THE PRactISES DESCRIBED W~HETHER NAMED OR NOT, AND DECLARING AN F2~ERGENCY. W/qEREAS, the City of Plainview, Texas, by Ordinance No. 724, has heretofore determined that public necessity exists and requires that the following portions of the designated streets in the City of Plain- view, Texas, shall be improved as therein provided, to-wit: UNIT NO. ~: Ail of that portion of Broadway Street in the Town of P1A-fnview, Hale County, TexaS, and described as follows: (a) On the East .side of said Broadway Street from the South side of North Second Street South to the South side Of South Tenth Street. (b) On the West side of said Broadway Street from a point 300 feet South of North Second Street South to the South side of South Tenth Street. .UNIT NO. 2: All of that portion of Second Street in the Town of Plainview, Hale-County, Texas, and described as follows: (a) From the West side of Austin Street to the East sid~ of Columbia Street; and WHEREAS, the City of Plainview, Texas, by Ordinance No. 724, has heretofore determined that said portions of such designated ~treets shall be improved by raising, grading and filling same, and by installing concrete curbs and gutters, bridges, culverts and where necessary, storm sewers and drains, and by p.aving with the following type of material on specified foundation: UNIT NO. l: ALTERNATE: The paving to be fifty-eight feet wide of triple asphalt surface on six inch compacted caliche base. UNIT NO. 2: ALTERNATE: The paving to be forth feet wide of triole asphalt surface on six inch compacted caliche base; and ~ WHEREAS, by Ordinance No. 72~, the City of Plainview, Texas, has heretofore, inentirety, ratified, approved and adopted the estimates, rolls and statements of the City Engineer, prepared and filed with the city, showing the cost of the specified impr,ovement of each specific Unit as hereinbefore designated, together with the description of aubtting property in each Unit, the names of the owners of such prop- erty and the amount proposed to be assessed against each parcel of prop- erty in each such Unit, and all other matters and things required by law in connection with the proposed assessment; and W~EREAS, by Ordinance No. 724, the City of Ptainview, ~exas, heretofore ordered that a hearing be given and held by and before the City Council of the City of Plainview, Texas, to the owners of any Railways or the owners of any interest therein, and to the owners of abutting property or the owners of any interest therein in any in- terest therein in any of the Units as hereinbefore designated, at which they should have the right to be heard on any matter which is a prsrequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, the lien and liability therefor, the special benefits to the abutting property and the owners thereof by means of the improvement for which the assessment is to be levied, and the accuracy, sufficiency, regularity and validity of the proceedings and contract in connecti~on with such imorovement and crc- posed assessment; and ~ ~ WHEREAS, by Ordinance No. 724, the City of Plainview, Texas, provided that such hearing be held in the Council Meeting Room of the City Council of the City of Plainview, at the City Hall in the City of Plainview, Texas, on the 12th day ~of April, A. D., 1960 at 7:30 P.M., and continued from time to time until the purposes thereof were, in the opinion of the Council, fully accomplished, and WHEREAS, by Ordinance No. 724, the City Clerk of the City of ?lainview, Texas, was directed to give notice of the time, place and purpose of such hearing by causing notice, in substantially the form prescribed, to be published at least three times prior to the date of said hearing in the Plainview Daily Herald, a newspaper of general and daily circulation, published in the City of Plainview, Texss, the first of such publications to be at least l0 days prior to the date set for the said he~ring; and ~E~EAS, t~e ~it~ Clerk of Plainview, Texas, in obedience to the directive o~ the Gity Council of Plainview, Texas, did givenotice of the time, pla'ce, and puroose of subh hearing by causing notice, in substantially the form prescribed, to be published ~r~£~ ~ior ~'l~i~ateT6'f~i~i~he~in~g,a~u the Plainview Daily Herald, a newspaper of generai and daily circulation, published in the City of Plainview, Texas, the first on which publications was made on the 27th day of March, the second of which was made'on the ~ls~ day of A?_~ril , and 'the third of which was made on the 6th day~of April ~] l~O; and ~EREAS, IN the Council Meeting Room of the City Council of the City of Pla~inview, at the City Hall in the City of Plainview, Texas, on the 12th day of April, A. D., 1960, at 7:30 P. M., the City Council of Plain~iew, Texas, held such hearing, where the owners of any Rail- ways and the owners of-any interest therein, and the o~.mers of abutting property and the owners of any interest therein, were fully and fairly heard in all respects in conformity with the law; and ~ W~HEREAS, the said hearing was held open and continued from time to time until the purposes thereof were fully accomplished and all persons desiring to be heard had been heard;~and WHEREAS, at the said hearing, the following persons apoeared and each of them being duly sworn, testified as follows;: Jo~n Stoneham, Bill Weaks, Land Wall, Carroll Foster, and D. L. Van Horn testified pertaining to the necessity of the improvements and the reasonableness thereof on Unit No. i and to the fact that said improvements whould benefit abutting property more than the cost of the assessments. Mrs. Mildred ~ite testified as to the necessity for and reasonable- ness of the improvements on Unit No. 2 and that the cost of said improve- ments would benefit the abutting property more than the cost of the as- sessments. Dan McNaughton testified that he had viewed each parcel of property upon which assessments had been made in connection with Unit Nol and Unit No. 2, and that he had studied the improvements, and that the benefits to the abutting property in regard to both units would be greater thatn the cost of the assessments to be made for such improve- ments. ~. R. Hogge, City Engineer, testified pertaining to the type of improvements to be made and the necessity therefor. The testimony of each said witness was taken down by Ken Owen, a qualified Court Reporter, and has been reduced to writing, and is on file with the City Clerk of the City of Plainview, Texas, and is here referred to and made a part hereof for all pertinent purposes. and WHEREAS, no further persons appearing and desiring to be heard, the hearing was declared closed by the City Council of the City of Plainview, Texas. NOW~ THEREFORE,~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY PLAINVI~W'~ T~XAS:' " '~ L. That all hearing heretofore ordered by Ordinance No. 724 of the 8ity of Plainview, in connection with the specified improvement ~f the following specific Units as herein designated is hereby closed, and that all protests and objections in connection with each such Unit is hereby specifically overruled, to-wit: UNIT NO. ~: All of that portion of Broadway Street in the To~m of Plainview,-~Hale~ County, Texas, and described as follows: (a) On the East side of said Broadway Street from the South side of North Second Street South to the South side of South Tenth Street. (b) On the West side of said Broadway Street from a point 300 feet South of North Second Street South to the South side of South Tenth Street. UNiT NO. 2: All of that portion of Second Street in the To~ of Plainview, Hale---County, Texas, and described as follows: (a) From the West side of Austin Street to the East side of Columbia Street. 111. That the City Council of the City of Plainview, Texas, from the evidence, finds: 1. That the assessments herein levied shall be made and levied against the respective parcels of~property abutting upon the said por- tions of the said streets and against the owners of such property. 2. That such assessments are right and proper and established substantial justice and equality and uniformith between the respective. owners and respective p~pperties, and between all parties concerned, con- sidering benefits received and burdens imposed. 3. That in each case the abutting property assessed specially bene- i' ' ' :'?'':: h. O 0 m ~ 0 ~ 0 ~ o o~ ~ I~ , fitted in the enhanced value thereof by means of the imorovement in the Unit upon which the particular property abuts, and for which assessment levied against same by this Ordinance. 4. That the apportionment of the cost of the i~provements is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. 1V. That there shall be and is hereby levied and assessed against the parcels of property hereinbelow set out, and against the real and true owners thereof, whether such owners be correctly named herein or not, the sums of money below mentioned an~ Itemized shown opposite the description of the respective parcels of property; the descriptions of such property, and several amounts assessed against same, and the owners thereof, being as follows: to-wit: That the assessments so levied are ~'or the i~provements in the particular Unit uoon which the property described abuts, and the assess- ments for the improvements in one Unit are in nowise related to or con- nected with the improvements in any other Unit, and in making assess- ments and in ho!din~ said hearin~ the amounts so assessed for the-improve- ments in one Unit have been in nowise ~ffected by any fact in an~u~ise connected with the improvements, or the assessments thereof, of any other Unit. Vi. That the seVeral sums above assessed-against said parcels of oro- perry, and against the real the true owners thereof, and interest thereon at the rate of six (6) per cent per annum, together with re~sonl able attorney's fees and costs of collection, if incurred,, are hereby declared to be and made a lien upon the respective parcels of property against which the same are assessed, and a personal li~billt¥ and charge against the real and true o%,mers thereof, whether or not such owners are correctly named herein, and such liens shall be and constitute the first enforceable claim against the property assessed, and shal be a first and paramount lien, superior to all other liens and claim~, except State County, School Distric~ and City Ad Valorem taxes. 1. That the sums so assessed shall be payable as follows, to-wit: In three equal installments, the first payable on or before ten (10) ~ays after the completion and acceptance by the said City of the 'improvements in the Unit ypon which the particular property abuts; the second installment due on or beofre one year from the date the first installment is due and payable; and such assessments shall bear inter- est from the date of such completion and acceptance'at the rate of six per cent (6%) per annum, payable annually with each installment, so that uoon completion and acceptance of the improvements in a particular Unit assessments against the property abutting upon such completed and accepted Unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance, provided that any owner shall have the right to pay off the entire assessment, or any installment thereof, before maturity, by payment of principal and accured interest, and provided further that if default shall be made in the payment of any-installment promptly as the smme matures, then the entire amount of the assessment ypon which such de- fault is made, shall, at the option of the holder of the same, be and become immediately due and payable, and shall be collectible with reasonable attorney's fees and costs of collection, if incurred. That the City of Plainview shall not in any manner be liable for t the payment of any sums hereby assessed against any property and the owners thereof, but ~he holder of the same shall look solely to said property, and the owners thereof, for payment of the sums assessed against the respective parcels of property. 1. The said City shall, however, exercise all of its lawful powers to aid in the enforcement and collection of said liens and assessments, and if default shall be amde in the payment of any assess- ~ent, collection thereof shall be enforced either by sale of the property by the Tax Collector and Assessor of the City of Plainview as near as possible in the manner provided for the sale of property for the non- payment of ad valorem taxes, or, at the option of the said holder or assigns, payment of said~sums shall be enforced by suit in any Court having jurisdiction. Vlll. That for the purpose of evidencing the several sums assessed against the said parcels of property, and the owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Plainview uoon the completion and acceptance of the work in each Uni~ of improvement as the work in such Unit is completed and accepted, which certificates shall be executed by the Nayor in the name of the City, attested by the City'Clerk with the corporate seal, and shall be payable to Bryan & Hoffman, a partnership composed of W. E. Bryan and C. L. Hoffman, Paving Contractors, er assigns, and shall declare the said amounts and the time and terms of payment and rate of interest and date of'completion and acceptance of the improvements for which the certificate is issued, and shall contain the name of~ the owner as accurately as possible, and the description of the property by lot and block numbered or front feet thereof, or such other description~as.~may otherwise identify the same, and if the said propert~ Sh~li ~e'~'~med by an estate, then to so state the description thereof as so ovmed shall be sufficient, or if the name of the owner be unknown, then to so state shall be suffic- ient, and no error or mistake in describing any property, or in ~ivin~ the nam~ of any owners, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof, The said certificates shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then, at the option ef~he~ho~der of the same, or assigns, the whole of the said assessment evidenced thereby shall at once become due-and payable, and shall be collectible with reason- able attorney's fees and costs of collection if incurred. And siad certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such property, and shall provide in effect if default shall be made in the payment thereof the same may b.e enforced either by sale of the property by the Tax Collector and Assessor of the City of Plainview, as above recited, or by suit in any Court having jurisdiction, The said certificates shall further recite in effect that all proceedings with reference to making said improvements have been regularly had in compliance with the law in force and proceedings of the City of Plainview and that all prerequisites to the fixing of the lien and claim of personal liability evidenced by such certificates have been regularly liability evidenced by such cert- ificates have been regularly done and performed, which recitals shall be evidence of the matters and facts so recited, and no further Proof thereof Shall be required in any Court. And 'the said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, or they may have coupons for each of the first two installments, leaving the main certificate for the third installment. Said certificates may further provide substantially that the amounts payable thereunder may be paid to the Collector of Texas of the City, who shall issue his receipt therefor, which receipt shall be evidence of such payment upon any demand for the same, either by virtue of the said certificate or any contract to pay the same entered into by the property owners, and that the Collector of Texas will deposit all sums so received by him forthwith with the City Treasurer, and ypon the payment of any installment with interest ypon the surren- der of rye coupon therefor, receipted in full by said Contractor, or other holder of said certificate, the City Treasurer shall pay the amount so collected and due thereon to said Contractor, or other holder which coupons so receipted shall be the Treasurer's warrant for payment. And the said certificates shall further provide in effect that the City of Plainview shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to ai.d in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. 1X. That the assessments levied by this ordinance for the improvements- in each Unit are altogether separate and distinct from assessments in each and every other Unit. The assessments for imorovements in one Unit are in nowise affected by the improvements in any other Unit, and in making and levying assessments, the costs of the improvements in each Unit, the benefits by means of the improvements, and all other matters and things with reference to the improvements in each Unit have been considered and d~termined altohether without reference to any such matters in any other Unit, and the omission of the improvements in any Unit shall in nowise affect or impair the validity of assessment for the improvements in any other Unit. The omission of improvements in any particular Unit in front of any property exempt from the lien of such assessments shall in nowise affect or impair the validity of assessments against other property in that Unit. That no mistake, error, invalidity or irregularity in the name of any property owner, or the description of any property, or the amount of any assessment, or in any other matter or thing, shall in anywise invalidate or impair any assessment levied here~y or any certificate issued, and any such mistake, error, invalidity or irregularity, whether in such assessment or in the certificate issued in evidence thereof, may be corrected at any time by the City. That all assessments levied are a personal liability and charge ag- ainst the real and true owners of the premises described, notwithstand- ing such o~ers may not be named, or may be incorrectly named. Xll. That the fact that the specified improvement of the specific Units as herein designated are in such urgent need of such i~provement while the condition of the weather will permit such improvement, creates an emergency and imperitive public necessity oft the immediate preservation of the public peace, property, health and safety, requiring that any rules that an ordinance be read at more than one meeting of the City Council of Plainview, and all rules prohibiting the passage of the same on the date of introduction and passage, be, and the same are' hereby dispensed with and suspended, and this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 12th dya of April, 1960. ATTEST: M. B. Hood YOR ..... P. H. Bryan 'CITY' CLERK' Moved by Alderman Hanna and seconded by Alderman Ihby that Ordinance No. 728 be passed (Main Street). The Motion Carried. ORDINanCE NO. ._ 728' AN ORDINANCE CHANGING THE N~E OF THE STRE~T~ RUNNING NORTH AND SOUTH ALONG THE EAST EDGE OF THE FRISCO ADDITION 'TO THE CITY OF PLAiNVI~$ ~ '?~ ~ "EL ~ ~ FROM "MAIN STREET TO C~iNO DRIVE"; THE STREET PRESENTLY KNOWN AS "MAIN STREET~ IN SUCH LOCATION BEING THE STREET ABUTTING BLOCKS 3, 4, 5, and 10 of THE SAID FRISCO ADDITION TO THE CITY OF PLAINYIEW, HALE COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: That the name of the street running North and South along the East edge of Frisco Addition to the City of Plainview, Texas, and abutting Blocks ~, g, 5, and 10, of said Frisco Addition to the Town of Plainview, Hale County, Texas, shall no longer be known as "Main Street" to "El Camino Drive", and shall be known as E1 Camino Drive". PASSED by the City Council of the City of Plainview, Texas, at a regular session on the 2nd day of May, A. D., t960. ATTEST: P. H, Bryan ~A~L"'BRYAN, city'Clerk Mi B. Hood 'M.'B.'HOOD, MAYOR Moved by Alderman 01ine and seconded by Alderman Irby that O~dlnance No. 729 be passed. The Motion Carried. ORDINANCE NO. 729 .. ~ ORDINANCE a,.?~,~,~'~n AND INCORPORATING TNTO ~-~' ? ~:-~' T ..... ~ ........ ~l~ CITY ~z~S 0F CITY OF~°~ ,~T~ ~ ~ .~.., TEXAS, AN- . ~a AOJAu~T THERRTO ~ND~ ~IN~G~ AND DETEP~fINING THAT P~iTIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY ~~'~ ~n~ SUCH AREA HAVE FIXED OF THE ~o.~, QUALIFIED TAXPAYING VOTES W WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION MND MAKING SAID ~REA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. W~EREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview, to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: Ail of the Titus SubdiviSion of a portion of Lots 3 & 4 of Block 4 Alabama Addition to the City of Plainview, Texas, described by metes and bounds: BEGINNING at a 2" pipe set in concrete for a control monument, at the Northeast corner of Lot 4, Block 4, Alabama Addition, Plainview, Texas, and the Northeast corner of this Subdivision; THENCE South along the east line of said Block 4, and 315 feet pass the Southeast corner of Lot ~ and the Northeast corner of Lot 3 of said BloCk 4, in all 592.5 feet to a 2" pip~ set in concrete for a control monument, the Southeast corner of this Subdivision, and the Northeast corner of the Titus and Pillow Subdivision; THENCE'West 475 feet along the North line of the Titus and Pillow Subdivision to a point; THENCE North along a line parallel to the East line of said Block 4, at 277.5 feet pass a point in the North line of Lot ~ and the South line of Lot 4 of said Block 4, in all 592.5 feet to a point in the North line of said Block 4; THENCE East 475 feet along the North line of said Block to the place of beginning~ and ~EREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident qualified taxpaying voters residing in said area have signed said petition; and WMEREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Ptainview, and that it ib desirable, expedient and for the best interest for the residents of s&i~ area and for the City of Plainview that said area be annesed to the City of Plainview; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~, TEXAS: SECTION 1: It is found and determined by theCity Council that the following described tract of land, to-wit: Ail of the Titus S~bdivision of a portion of Lots 3 & 4 of Block 4 Alabama Addition to the City of Plainview, Texas, described by metes and bounds: BEGINNING at a 2" pipe set in concrete for a control monument, at the Northeast corner of Lot 4, Block 4, Alabama Addition, Plainview, Texas, and the Northeast corner of this Subdivision: THENCE South along the East line of said Block 4, at 315 feet pass the Southeast corr.er of Lot ~ and the Northeast corner of Lot 3 of said Bloc pipe set in concrete for a corner of this Subdivision, Titus and Pillow oubdivisior THENCE West 475 feet a] and Pillow Subdivision to a THENCE North along a 1~ said Block 4, at 277.5 feet Lot 3 and the South line of feet to a point in the Nort] k 4, in all 592.5 feet to a 2" ontrol monument, the Southeast and the Northeast corner of the · ng the North line of the Titus point: ne parallel to the East line of pass a point in the North line of Lot 4 of said Blick 4, in all 592.5 line of said Block 4; THENCE East 475 feet along the North line of said Block ~ to the place of beginning; and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2. It is found and determined that a ~ajort~y of the qualified taxpayihg voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City'Council to admit, incorporate and annex the above described area into the corporate limits of the City of. Plainview, Texas, and that said petition is in all respects regular and in compliance with Section ~ of-the City Charter of the City of Plainview. SECTION 3. It is found, determined and ordered by the City Council of the City of P!ainview, Texas, that said petition in all t~ings be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of,Plain- view. SECTION 4. It is~further d~termined and ordered by the City Council that the above described area ~om and after the effective date , of the ordinance be subject to the control and jurisdiction of the City of Plainview and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED, this 20th day of June, 1960. ATTEST: M. B. Hood M. B. HOOD, Mayor, City of Plainview P- H-~ Bryan · ~".".~. BRYAN, CITY CLERK, City of Plainview PETITION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINViEW, TEXAS: NOW COMES, Paul Hays, H. D. Hays,. S. A. Barrett, B. B. How!e, R. N. Payhe, and ~gartha Louise Groff, joined by her husband, J. C. Groff, hereinafter referred to as PetitiOners, and would show to the Honorable Mayor and the City Council of the City of Plainview, Texas, as follows: 1. That your Petitioners are the owners of that certain tract of land kno%~ as the Edgemere Addition, Unit No. 1, to the City of Plain- view, Hale County, Texas, a plat of which Addition is attached hereto and which Addition is more particularly described as follow~: Being out of and a part of the North One-half of Sect.ion 34, Block JK-2, Hale.County, Texas, descriged by metes and bounds as follows: BEGINNING at a point 1,357.5 feet South and 1,320 feet East of the Northwest corner of Section 34, BlOck JK-2, Hale County, Texas, said point being the Northeast corner of Terry Addition, Unit No. 2, Ptainv!ew, Texas; THENCE S 0" 01' W alomg the East line of said Terry Addition at 160 feet pass a 2" pipe set in concrete for a control monu- ment for said Terry Addition and for this Addition, at 585 feat pass a second 2" pipe set in concrete for another control monu- ment for said Terry Addition and this Addition, at 712.5 feet pass the ~outhwast corner of Terry Addition, Unit No. 1, at 1,210 feet pass a third 2" pipe set in concrete for a control monument for Terry Addition, Unit No. 1, and this Addition, in all 1,225 feet to a point; THENCE East 997.5 feet to a point in the East line of Yonk~ Street to appoint in the South line of 19th Street; THENCE North 990 feet along an extension of the East.line of Yonkers Street to a point in the South line of 19th Street; THENCE West 37.5 feet along the South line of 19th Street to a point in the centerline of Yonkers Street: THENCE North 235 feet along the centertine of Yonkers Street to a point; THENCE West 960 feet to the place of ~e~inning. That your Petitioners, Paul Hays, H. D. Hays and S. A. Barrett are the o~ers of the following tract out of said Addition, tO- wit: BEGINNING at a point 1,357.5 feet South and 1,350 feet East of the Northwest corner of Section 3~, Block JK-2, Hale County, Texas; THENCE South 1,225 feet along an old fence to a point; THENCE East 930 feet to a point in the centertine of Yonkers Street; THENCE North 1,225 feet along a projection of the centerline of Yonkers Street to a point; THENCE West 930 feet to the ~lace of beginning. (This tract includes all of Lots 1 and ~ and the East ~5 feet of Lots 2 and 3 in Blocks 2, 3 and 6, all of Lot i and the East ~5 feet of lot 2 in Block 7, and all the Lots in Blocks 1, ~, 5, and ~.) That your Petitioners, B. B. Howle and R. N. Payne, are the owners of the following tract out of said Addition, to-wit: BEGINNING at a point 1,357.5 feet South and 1,320 feet East of the Northwest corner of the Section 3~, Block gK-2~ Hale County, Texas, said point being the Northeast corner of Terry Addition, Unit No. 2, Plainview, Texas; THENCE S O" o1' along the East line of said Terry Addition, at 712.5 feet pass. the Southeast corner of Terry Addition, Unit No. 2 and the Northeast corner of Terry Addition, Unit No. 1, in all 1,225 feet to a point; THENCE East 30 feet to a point mn an old fence; THENCE North 1~225 feet along an old fence to a ~oint; THENCE West 30 feet to the place of beginning.(This tract includes the West 30 feet of Lots 2 and 3 in Blocks 2, 3 and 6, and the West 30 feet of Lot 2, Block 7.) That your Petitioner, Martha Louis Groff, is the owner of the following tract out of said Addition, to-wit: BEGINNING at a point 1,592.5 feet South and 2,280 feet East of the Northwest corner of Section 3~, Block JK-2, Hale County, Texas, said point being in the South line of 19th Street and in the centerline of Yonkers Street extended; THENCE South 990 feet along an extension of the center- line of Yonkers Street to a point; THENCE East 37.5 feet to a point in the East-line of Yonkers Street; THENCE North 990 feet along an extension ~ the East line of Yonkers Street to a point in the South line of 19th Street; THENCE West 37.5 feet along the South line of 19th Street to the place of beginning. (This tract includes the East half of Yonkers Street only and no lots.) 11. Petitioners hereby represent to the Honorable Mayor and the City Council of the City of Plainview, Texas, that there are no per- sons residing in said tract of land, and that your Petitioners are all of the tax paying, qualified voters owning land in said Addition and that said tract of land lies adjacent to the present city limits of the City of Plainview~ Texas. 111. Petibioners would luther show the Honorable Mayor and City Council that said Edgemere Addition, Unit Not 1, is contiguous to the city limits-and that such Addition is in conformity with the plans in and for said City and has been approved by the City Planning Commission. 'Your Petitioners would further show that said addition is accessible to sewer, water, and electricity, and that the ov~ers of such Additions have dedicated the street's and alleys to the public. Petitioners would further show and represent that all of said land and property is suitable for building sites and that it is desirable, e~Dedient, and for the best interest of the residents of the City of Plainview t~at a~ea be annexed to the Ct~ty. ~EREFORE, we the undersigned Petitioners, respectfully petition the Honorable Mayor and the City Council of the City of Plainview, Texas, that the said area, territory and tract of land above described be annexed to the City or Plainview and be subject to all of its authority, ordinances, powers, and the governmental functions. WITNESS our hands this 29th day of June , 1960 . Hays S~ A. Barrett R. N. Payne B. B. Howte Martha Louis Groff ORDINANCE NO. 750 AN ORDINANCE ANNEXING AND INCORPORATING iNTO THE CITY L~ITS OF 7HE CiTY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETER2~IN~ ING THAT A PETITION HAS BEEN DULY SIGNED AND THAT ALL OF THE QUALIFIED, TAX PAYING VOTERS O~7~ING LAND IN SUCH AREA HAVE FILED WITH THE-CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICITI©N OF THE CiTY OF PLAINVIEW, TEXAS. ~HEREAS, a petition has been signed and filed with the Clerk of the City of Plainview~ Texas, petitioning the City Council of theCity of Plain- vie~, Texas, ~tannex and admit the following described area and territory into the City of Plainview, Texas, to-wit: Ail of The Ed~emere Addition, Unit No. 1 to the City of Plainview, Hale County, Texas, as shown by plat of said Addition recorded in the Deed Records of Hale County, Texas, and on file with the City Planning Commission of the City of Plainview~ Texas, and on file with the City Clerk of the City of ?lainview, Texas; and ~IEREAS, the City Council upon a consideration of said ~petition has found and determined that all of the qualified, tax paying voters who own land in such area have signed said petition; an~ ~EREAS, the City Council finds that all of said area is contiguous to the present city limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the City of Plainview that said area be annexed to the City, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI.~~, TEXAS: SECTION 1: It is found and determined by the City Council that the following described tract of land, to-wit: Ail of the Edgemere Addition, Unit No. 1 to the City of Plainview, Hale County, Texas, as shown by plat of said Addition recoreded mn the Deed Records of Hale County, Texas, and which Addition is l located on the following described tract of land, to-Wit: BEGINNING at a point 1,357.5 feet South and 1,~20 feet East of the Northwest corner of Section 34, Block JK-2, Hale County, Texas, said point being the Northeast corner of Terry Addition, Unit No. 2, Plainview, Texas; THENCE S 0~ Ol' W along the East line of said Terry Addition, at 160 feet pass a 2" pipe set in concrete for a control monument for siad Terry Addition and for this Addition, at 585 feet pass a second 2" pipe set in concrete for another control monument for said Terry Addition ~nd this Addition, at 712.5 feet pass the Southeast corner of Terry Addition, Unit No. 2, and the Northeast corner of Terry Addition, Unit No. l, at 1,210 feet pass a third 2" pipe set in concrete for a control monument for Terry Addition Unit No. l, and this Addition, in all 1,225 feet to a point; THENCE East 997.5 feet to a point in the East line of Yonkers St. THENCE North 990 feet along an extension of the East line of Yonkers Street to a point in the S&uth line of 19th Street; THENCE West 37.5 feet along the South line of 19th Street to a point in the centerline of Yonkers Street; THENCE North 235 feet along the centerline of Yonkers Street to a point; THENCE West 960 feet to the place of beginning; and all of which land lying and being situated in Hale County, Texas, is contiguous to the city limits of the City of Plainview, Texas. SECTION 2: It is found and determine~ that there are no qualified, tax paying voters residing in the above described area, and it si further found and determined~ that all of the qualified, tax paying owuaers of the land in the above described area have duly signed the petition on file with the City Clerk petitioning the City Council to admit, incorporate, and annex tha above described area into the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with the City Charter of the City of Plainview. SECTION 3: It is found, determined and ordered by the City Council of the City of Plainview, Texas~ that said petition in all things be granted, and that the above ~ser~ibed area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. SECTION 4: It is further determined and ordered by the City Council of the City of Plainview that the above described area from and after the effective date of the ordinance be subject to thecontrol and jurisdiction of the Uity of Plainview, and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED this 18th day of July, 1960. ATTEST: P.-H. Bryan ~.~ ~ ~ B. Hood Fi. B. Hood, Mayor EASEMENT STATE OF TEXAS COUNTY OF HALE WHEREAS, C. L. Craig is the owner of all of Lots No. i and No. 2 except the.North 50 feet of said Lot No. 2, Block No. 77, of the Re- Platted College Hill Addition to the Town of ?lainview, Hale County, Texas, whic is contiguous to West Fifth Street in said City on the South boundary line of said tract of land, and is contiguous to West Sixth Street in said City on the North boundary.line of ~aid tract of parcel of lend; and WHEREAS, because of the replatting of said land and the uncertainty of property lines at the time improvements were placed thereon by the said C. L. Craig, the said C. L. Craig did, by mistake and oversight, place and situate a~ part of one of his buildings 12 feet (at its furtherest point) over the North boundary line of said Lot No. I 'and therefore, ~&id~building is partly located on West Sixth Street right- of-way to the extent of 12 feet and further that said building has been so situated for a period of approximately nine years, and that during that time it has never been discovered by either the City of Plainview or by Mr. Craig that said building was nob situated totally on said Lot No. i until a recent survey revealled said fact; and WHEREAS, there is lo feet between the curb line of the paving of said West Sixth Street and the nearest portion of said building, and said building dows not obstruct in any way traffic, either pedestrian or vehicle, on said Street; and WHEREAS, it does not appear likely that in the foreseeable future said building as now constructed will in any way obstruct either ped- estrian or vehicular traffic on or along said Street, and further that at the termination of this easement said building may have served its purpose and can, in all probability, be moved without hardship to the owner thereof; and ~qEREAS, the City Council of the City of Plainview has by resolu- tion found each of the above facts to be true; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consider- ation of the premises and in consideraton of the sum of Ten and No/lO0 Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the City of Plainview does hereby grant and convey to the said C. L. Craig, his heirs an~ assigns, an easement for the maintenance of said building above described at its present location for a period of ten (10) years from the date of this instrmment and so long thereafter as is reasonably necessary to move said building in the event the City Council at that time determines that it is necessary for the safety and oonvenience of the public for said building mtO be moved. In further consideration of this easement, the said C. L. Craig does hereby agree to indemnify and hold harmless the City of Plainview, its Mayor~ its City Council, or ~ts ~gents, by reason of the maintenance of said building on aportion of the right-of-way of West Sixth Street in said City of Plainview, and the Said C. L. Craig further agrees that upon the termination of this easement that he will, after notice re- ceived from the City Council of Plainview, Texas, remove said building from any part of the right-of-way within a reasonable time after the receipt of said notice. EXECUTED this the ~ 1st day of August , A.D., 1960. CITY OF PLAINVIEW by: ATTEST: M. B. Hood M. B. HOOD, Nayor .. Paul Bryan PAUL BRYAN, City Clerk C. L. Craig C. L. CRAIG Moved by Alderman Taylor and seconded by Alderman Hanna that Ordinance No. 7__~be passed. The Motion Carried. ORDINANCE NO. 731 AN ORDINANCE AMENDING SCHEDULE 4 OF SECTION 48, CHAPTER 14 OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1857" BY REPEALING THAT PROTION OF SAID SCHEDULE 4 PERMITTING ANGLE PARKING ON THE NORTH SIDE OF 'SIXTEENTH STREET BETWEEN QUINCY STREET AND SMYTHE STREET, AND BY AMENDING SAID SCHEDULE SO AS TO REQUIRE ANGLE PARKING ON SIXTEENTH STREET FROM SMYTHE STREET EAST ON THE SOUTH SIDE O? SIXTEENTH STREET FOR A DISTANCE OF FOUR HUNDRED FEET, AND BY REQUIRING ANGLE PARKING ON THE EAST SIDE OF SMYTHE STREET.FROM THIRTEENTH STREET TO SIXTEENTH STREET. ~BE IT ,ORD,AINED BY THE CITY COUNCIL, OF THE CITY OF PLAIN¥IE~W: Section 1: Schedule 4 of Section 48, Chapter lB, of "The Code of the City of Plaih~'ew, Texas, 1957" is hereby amended by deleting from said Schedule 4 the following: STREET~ . INCLUSIVE BLKS. EXTENT SIDE Sixteenth St. 1800 Block through 1900 Block Quincy Street West to Smythe Street North Section 2: Schedule 4, Section 48, Chapter 14, of "The Co~e of the City 'b~ Piainview, Texas, 1957", is hereby amended by adding to said sche- dule 4 the following: STREET .,, INCLUSIVE B~KS. EXTENT SIDE Sixteenth St. 400 feet, including From Smythe Street South all of 1900 Block 400 feet East and a part of 1800 Block Smythe Street PASSED this the ATT$ST: 1300 Block through 1500 Block From Thirteenth St. to Sixteenth St.. 6th day of September, 1960. M. B. Hood P. H. Br.yan ~'. H. B~YAN, CITY cLERK East M. B. HOOD, MAYOR ORDINANCE NO._~2A AN ORDINANCE AMENDING SECTION 22, CHAPTER 7, OF ~THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957", SETTING THE RATE TO BE CHARGED FOR THE COLLEC~ TION OF GARBAGE, PROVIDING THE MANNER OF COLLECTION OF THE SAID CHARGES,' AND CLASSIFYING ONE-FAMILY RESIDENCES AND APARTMENT HOUSES WITH TWO OR MORE FANILY APAR~.~NTo. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: Section 22 of Chapter 7 of "The Code of the. City of Plain~ieW, 1957, is hereby amended so as to hereafter ~read as follows: 1. The collection and removal of garbage'and trash from houses, buildings and premises used for residential purposes shall be classified as Class 1. 2. One collection shall be made each week of garbage and trash under Class 1, provided that such collections are not prevented by weather conditions or by the conditions of alleys and streets due to rain or weather conditions and further provided that such collection is not prevented by conditions beyond the control of the City Council or the Mayor of the City of Plainview. Residential houses are further hereby classified as follows: Class 1-A. Class 1-B One-family residences. Apartment houses with two or more family Apartments. The garbage collection provided far in this Section shall be made by the City of Plainview, and monthly charges for this residential service shall be made as follows: For garbage collection for Class 1-A residences there shall be made a charge of 25 cents per monty. For garbage collection for Class 1-B residences there shall be made a charge of 25 cents per month for each apartment for the first five apartments and 50 cents for each additional apartment. 5- These charges shall be made monthly, and the charges and fees for the collection of garbage shall be added to and olaced upon the water bill for each residence and apartment. The person who is resoonsible for the payment of the water bill shall also be responsible for the payment of the garbage collection fee. 6. If the garbage collection fee isnot paid within thirty days after it becomes due, then the City of Plainview shall refuse to furnish any water to the residences for which such garbage collec- tion fee has not been paid. PASSED this 19th day of September , 1960. Moved by Alderman Irby and seconded by Alderman Stokes that Ordinance No 73__~_~ be passed. M. B. HOOD, MAYOR P. H. ~ryan P'. H. BRYAN, CITY cLERK Moved by Alderman Ir~y and seconded by Alderman Stokes that Ordinance No. 732'- be passed. The Motion Carried. . ORDINANCE NO. 732 ORDINANCE VACATING THAT PART OF THE HATCH~ISS~CKS INDUSTRIAL AREA LOC- ETED ON THE L. L. KINDER AND W. P. GRIFFIN HOMESTEAD SURVEYS AS SRO~ BY THE PLAT THEREOF OF RECORD IN BOOK 204, PAGE 485, DEED RECORDS, HALE COUNTY, TEXAS, WHICH IS NORTH OF THE NORTH LINE OF EEANKLIN STREET AND EAST OF THE EAST LINE OF LORENE STREET: THAT PART OF THE SAID HATCH- ISAACKS INDUSTRIAL AREA W~iCH iS SOUTH OF THE SOUTH LINE OF FRANKLIN STREET AND EAST OF THE EAST LINE OF LORENE STREET: WH~REAS, Robin Baker, W. F. Issacks, Robert Wilson and Jake Wilson are the owners of all of the Hatch-Issacks Industrial Area located on the L. S. Kinder and W. P. Griffin Homestead Surveys, as shown by the plat thereof of record in Book 204, page 485, Deed Records, Hale C6unty Texas; and WHEREAS, the said Robin Baker, W. F. Issacks, Robert Wilson and Jake Wilson have requested that a part of the plat of said Hatch-Isaacks Industrial Area be vacated, same being described as that part of the Hatch-Isaacks Industrial Area which is ~orth of the north line of Franklin Street and east of the east line of Lorene Street and that part of the said Hatch-Isaacks Industrial Area which is south of the south line of Franklin Street and east of the east line of Lorene Street; and WHEREAS, therequest of Robin Baker, W~ F. Isaacks, Robert Wilson and Jak'e ~i!son to vacate that part of said plat hereinabove described has been submitted to the City' Planning Commission of the City of Plain- view, Texas. and approved by it and the said City Plainview, Texas has recommended that said plat be vacated as hereinabove set out; and WHEREAS, the provisions of Article 97a, Section 5, VACS apply and before the plat as hereinabove described can be vacated the consent of the City Council of the City of Plainview, Texas is required; and WHEREAS,the City Council of the City of Plainview, Texas is willing to consent, and approve the vacating of that part of said Hatch-Isaacks Industrial Area herein described; NOW, THEREFORE, ~ · BE iT ~DAINED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW, T~XAS. Sectionl: That that part of the said Hatch-Isaacks Industrial Area located on the L. S. Kinder and W. P. Griffin Homestead Survey which is north of the north line of Franklin Street and east of the east line of Lorene Street and that part of the said Hatch-Isaacks Industrial Area which is south of the south line of Franklin Street and east of the east line of Lorene Street bei~acated so that same shall revert to acreage property without streets or trackageway; SEction 2: That the streets, alleys and trackageway located within that part of t-----~e said Hatch-Isaacks Industrial Area as provided'in Section 1 shall no longer be used as public throroughfares, public streets, alleys or trackageway and shall no longer be used or design- ated as streets, alleys and trackageway and the owners of the property contiguous to said streets, alleys and trackageway may make use of same in accordance with the laws of the State of Texas. PASSED, APPROVED AND ADOPTED on this 10th day of October, 1960. CITY COUNCIL OF THE CITY OF PLAIN- VIEW, T~XAS ATTEST: By: M.B. Hood M. B. H~0d, Mayor P. H. Bryan P'. H'] BRYAN, CITY CLERK Moved by Alderman Irby and seconded by Alderman Hanna that petition of KVOP Radio owners to come into City Limits be granted and Ordinance No.. ~ be passed. The Motion Carried. PETITION TO THm HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: The undersigned, hereinafter referred to as petitioners, will show to the Honorable City Council of the City of Plainview, Texas, as follows: THAT Your petitioners whose signatures are affixed hereto respectfully petition the Honorable City Council of the City of~Plainview, Texas, to annex and take into the corporate limits of the City of Plainview, the following described tract of land, to-wit: Being a part of and out of the Southeast corner of the Southwesv One-fourth (S.W. ¼) of Section No. Thiry-Eight (38) in Block JK-2 Cert. No. 4/648, issued to G.C.&S.F. Ry. Co.~ Hale County, Texas, which portiSn hereby described is designated on a proposed map Of a subdivision as Blocks 29 and 30 of the said proposed Bowman's .Subdivision of the Southwest ¼ of said section, which said tract is more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of the said S.~. ¼ of said sec- tion for the S.E. Corner of this tract; THENCE North, along the East line of the said S.W. ~, a distance of 46~.64 feet for t~e N.E~ Corner of this tract, the same being the N.E. corner of Block No.. 29 of the proposed subdivision; THENCE West 735 feet to the N.W. corner of proposed Block 30 for the N.W. co_~ner of this tract; THENCE South 46~.64 feet to the S.W. Corner of proposed Block No. 3O; THENCE East 735 feet to the Place of Beginning and containing 7.84 acres of land, more or less. 2. Your petitioners hereby represent to the Honorable City Council of the City of Plainview, Texas, that they are all of the tax-paying qualified voters residing in said territory and tract of land herein- above described, and that said tract of land lies adjacent to the pre- sent City Limits of the City of Plainview, Texas. 3. The 'undersigned, KVOP, Inc., acting herein by and through its President hereunto duly authorized reoresents that it is the owner of said tract of land and joins in the Petition as such. 4. Petitioners will further show the Honorable City Coum~il of the City of Plainview that said tract of land hereinabove desbribed as contiguous to thecity limits of the city of Plainview, Texas and is a¢cessable to sewer, water and electricity, and that it is desirable, e expedient and for the best interests for the residents of said area and for the owner of said land that said area be annexed to the City of P!ainview. W~EREFORE, we, the undersigned Petitioners, respectfully petition the Honorable City Council of the City of Piainview, Texas that the said area, territory and tract of land above described be annexed to the City of Ptainview and be subject to all of its authority, ordinances powers and governmental functions. K V 0 P. INC. by: W. J. Harpole its President ORDINANCE NO. ~.7_3~+~ ~ AN ORDINANCE A~NEXING AND INCORPORATING INTO THE CITY LIMITS OF THE ~ AN AREA ADJACENT THERETO AND FINDING AND CITY OF PLAINVIEW, Tm=~AS, DETE~%INING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAX?AYING VOTERS WITHIN SUCH AREA HAVE FILED WIT}{ THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING BAID iqEASUBJECT TO THE JURISDICITION OF THE CiTY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview to annex and admit the following described area and terri- tory into the City of Plainview, Texas, to-wit: Being a part of and out of the Southeast corner of the Southwest one-fourth (S.W.~) of ~ection No. Thirty Eight (38) in Block JK-2, Ce~t4 No. ~/648, issued to C.C. &~ S.F. Ry. Co.~ Hale County, Texas, which oortion hereby described is designated ~n a proposed map of a subdivision as Blocks 29 and 30 of the said orooosed Browman's Subdivision of the Southwest ~ of said section, which said tract is more particularly described by metes and bounds as follows: and BEGINNING at the Southeast corner of the said S.W. ~ of said section for the S.E. corner of this tract. THENCE North, along the East line of the said S.W. ¼, a distance of 46~.64 feet for the N.E. Corner of this tract; the same being the N.E. corner of Block No. 29 of the orooosed subdivision; THENCE West 735 feet to the N.W. corner of proposed Block 30 for the N.W. corner of this tract; THENCE South ~6~ feet to the S.W. corner of proposed Block No. 3O; THENCE East 735 feet to the Place of Beginning and containing acres of land, more or less; WHEREAS, the City Council upon a consideration of said Petitio~--~ has found and determined that a majority of the resideht qualified taxpaying voters residing in said area have signed said Petition; and WHEREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Ptainview, and that it is desir- able, exoedient and for te best interestfor the residents of said area and for the City of Plainview that said area be annexed to the City of Plain- view; Now, Therefore BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEi~, TEXAS: SECTION 1: It is found and determined by the City Council that the following described tract of land,to-wit: BEING a part of and out of the Southeast corner of the Southwest one-fourth (S.W. ¼) of Section No. Thirty Eight (38) in Block Jk-2, Cert. No. 4/648, issued to G.D. & S.F. Ry. Co., Hale County Texas, which pmrtion hereby described is designated on a orooosed map of a subdivision as Blocks 29 and 30 of the said orooosed Bo~an's Subdivision of the Southwest ¼ of said section, whidh said tract is more particularly described by metes and bounds as foliows~ BEGINNING at the Southeast corner of the said S.W. ~ of said section for the S. E. corner of this tract; ~ ' ~ ~ a distance THENC~ 'iN~%h, alongthe East line of the said S.W. ~, of ~6~.6~ feet for the N..E. corner of this tract, the same being the N. E. corner of Block No. 29 of the proposed subdivision; THENCE West 735 feet to the N.W. dorner of proposed Block 30 for the N. W. corner of this tract; THENCE South g64.6~ feet to the S. E. Corner of the proposed Block No. 30~ THENC~ East 735 feet to the Place of Beginning and containing ?.84 acres of land, more or less; and all of which land lyingand being s~tuated in Hale County,Texas, is contiguous to the .City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that a majority of the quali~aying noters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit~ incorporate and annex the above descriged area into the corporate limits of the City of Plainview, Texas, and that said Petition is in all respects regular and in compliance with Sec- tion ~ of the City Charter of the City of Pleinview] SECTION 3: It is found, determined and ordered by the City Cauncit of the--~i~y of Pi~ nview, Texas, that said Petition is all things be granted and that the above described area be and the same is in all respects incorporated into and mad~ a part of the City Limits of the City of Plainview. SECTION 4: It is further determined and ordered by the City Counc[~ that the above described area from and after the effective date of this Ordinance be subject to the control and jurisdiction of the City of lamnvzew and be subject to ~xes and other assessments which may be levied by law from and after January 1, 1960. PASSED, APPROVED AND ADOPTED, this l?th__ day o~ October, 1960. ATTEST: M. B. ~-0-dD, MAYOR ..... City of Plainview, Texas P. H. Bryan P. ~. ~YAN', CITY CL~ CITY OF PLAIN¥Is~, TEXAS P E TIITT I O N THE STATE OF TEIAS () COUNTY OF HALE TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINViEW, TEXAS: Now comes DAVID R. WILLSON and wife, ROCHELLE WILLSON, and MOST REV. JOHN L. MORKOVSKY, ROMAN CATHOLIC BISHOP OF ~[ARILLO, TEXAS, and show to the Honorable City Council of the City of Plainview, Texas, as- follow~: 1. That your. pRtitioners, D~ID R. WILLSON and wife, ROCHELLE WILLSON and MOST REV. JOHN L. MORKOVSKY, ROMAN CATHOLIC BISHOP OF ~[ARILLO, ' TEXAS, whose signatures are affixed hereto, are the o~mers of the following tract of land located in Hale County, Texas, describes as, BEGINNING at the S. W. corner of Lot No. 6, Bock No. i, Alabama Addition, Plainview, Texas, being the S. W. corner of the Ever- green Subdivision of Lots ~ and 6, Block No. 1, and Lots 1, 2, ? and ~, Bolck No. 2, of said Alabama Addition; THENCE West 60 feet to a uoint in the West line of Fresno St.; THENCE North along the West line of Fresno Street at 37.5 ft. pass the S. E. corner of the Titus Subdivision of Lots 3 and g~ Block No. 4, Alabama Addition, Plainview, Texas, at 592.5 feet pass the N. E. corner of said Titus Subdivision, in all 1~320 feet to the N. E. corner of Lot No. 2, B~ock No. 3, Ala- bama Addition; THENCE East at 60 feet pass the N. W. corner of said. evergreen Subdivision, in all 1,!32..~ feet to a point in the North line of said Evergreen Subdivision; THENCE South 690 feet alon~ a line parallel to and 177.5 feet ~est of the East line of said Evergreen Addition to a point in the South line of 28th Street; THENCE West ~0 feet along the South line of 2$th Street to a ~oint; THENCE South 630 feet along the East line of the North andSouth ailey in Block No. 1 of said Every- green Subdivision to the S. S. E. corner of said Evergreen Sub. division; THENCE West 632.5 feet along the South line of said Evergreen Subdivision to the ~lace of beginning. o Petitioners hereby represent to the Honorable City Council of the City of Ptainview, Texas, that they are all of the taxpaying, qualified voters residing in said territory and tract of land hereinabove described, and that said tract of land lies adjacent to the present ciVy limits of said City of Plainview, Texas. Petitioners would further show the Honorable City Council that said territory and tract of iandhereinabove described is contiguous to the City Limits of the City of Plainview, Texas, andthat said addition is in conformity with theplans in andfor said City, is assessible to sewer, water, and electricity. Petitioners further represent to th. Honorable City Council that all of said land and property is suitable forbuitding sites, and that it is desirabie,.ex~edient andfor the best interests for the residents of said area and for the City of Plainview that said area be annexed to said City. WHEREFORE, we, the undersigned petitioners, respectfully petition the Honorable City Council of the City of Ptainview, Texas, that the said area, territory and tract of land above described be annexed to the City of Plainview and be subject to all of tis authority, ordinan- ces, powers ~nd governmental functions. David R. Willson D~AVI~ R'. W~LLSON Rochelle Witlson ROCHELLE WILLSON Most Rev. John L. Morkovsky MOST REV. JOHN L. MORKOVSKY, ROMAN CATHOLIC BISHOP OF ~iARILLO, Ts_~AS By: Father James E. Fitzgematd, Pastor Moved by Alderman Taylor and seconded by Alderman Hanna that Petition of David R. Willson et al be tranted and Ordinance No. 735 be passed. THE MOTION CARRIED. ORDINANCE NO. 73 5 ~tO~DiEN~N~E.~NEEI~ [~.~-):~N~CO~PORAT~NG.~INTO_)iTH~ CITY LIEITS OF THE CITY OF PLAINVIEW, TEXAS~ AN AREA ADJACENT THERETO AND FINDING AND DETE~INING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS ~KTHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. ~EREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview to annex and admit the following described area and territory into the City of Plainview, to-wit: BEGINNING AT the S. W. corner of Lot No. 6, Block No. t, Alabama Addition, Plainview, Texas, being the S. W. corner of the Evergreen Subdivision of Lots 5 and 6, Block No. 1, and Lots 1, 2, 7 and 8, Block No. 2, of said Alabama Addi- tion; THENCE West 60 feet to a point in the West line of Fresno St.; THENCE North along the ~st line of Fresno Street at 37.5 ft. pass the S, E. corner of the Titus Subdivision of Lots 3 and ~, Block No. ~, Alabam~ Addition, Plainview, Texas, at 592.5 feet pass the N. E. corner of said Titus Subdivision, in all and, 1.320 feet ~o the N. E. corner of Lot No. 2, Block No. 3, Ala- bama Addition; THENCE East at 60 feet pass the N. W. corner of said Evergreen Subdivision, in all 1,132.5 feet to a point in the North line of said Evergreen Subdivision; THENCE South 690 feet along a line parallel to and 177.5 feet ~Jest of the East line of said Evergreen Addition to a point in the South' line of 2$th Street; THENCE ~st ~0 feet alon~ the South line of 28th Street to a point; THENCE South 630 fe~t along the East line of the North and South alley in Block No. i of said Ever- green Subdivision to the S. Se E. corner of said Evergreen Sub- division~ THENCE West 632.5 feet along the S~uth line of said Evergreen Subdivision to the place of beginning. ~HEREAS, the City Council upon a consideration of said uetition, has found and determined that a majority of the resident~ qualified taxpaying vsters residing in said area have signed said-petition9 and, WHEREAS~ the City Council finds that all of said area is con- tiguous to the present City Limits of the City of Piainview, and that it is desirable, exuedient and for the best interest for the residents of said.area and for the City of Ptainview that said area be annexed to the City o~ Plainview, NO~, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~i~ TEIAS: SECTION 1: It is found and determined bM the City Council that the following described tract of land', to-wit: BEGINNING at the S. W. corner of lot No. 6, Block No. 1, Alabama Addition, Ptainview, Texas, being the S. W. corner of the Evergreen Subdivision of Lots 5 and 6, Block No 1, and Lots 1, 2, 7 and 8, Block No. 2, of said Alabama Addi- tion: THENCE West 60 feet to a point in the West line of Fresno St.; THENCE North along theWest line of Fresno Street at 37.5 ft. pass the S. E. corner of the Titus Subdivision of Lots 3 and ~, Block No. ~, Alabama Addition~ Plainvi. ew, Texas, at 592.5 feet pass the N. E. corner of said Titus Subdivision, in all 1,320 feet to the N. E. corner of Lot No. 2, Block No. 3~ Alabama .Addition; THENCE East at 60 feet pass the N. W. corner of said Evergreen Subdivision~ in all 1,132.5 feet to a point in the North line of ~aid Evergreen Subdivision; THENCE South 690 feet along a line parallel to and 177.5 feet West of the East line of said Evergreen Addition to a point in the South line of 28th Street; THENCE West ~0 feet along the South line of 28th Street to a point; THENCE South 630 feet along the East line of the North and South alley in Block No. 1 of said Ever- green Subdivision to the S. S. E., corner of 'said Evergreen Sub- division; THENCE ~est 632.5 feet along the South line of said Evergreen Subdivision to the place of beginning. all of which land lies and is'situated in Hale CountM~ Texas; and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and dtermined that a majority of the qualif- ied taxpaying voters residing in the above ~esceibed area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of Piainview, Texas, and that said petition is in all respects regular and in comuliance with Section ~ of the City ~a~ter of the City of Piainview. 'SECTION 3: It is found, determined and ordered by the City Coun- cil o~ of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. SECTION ~: It is further determined and ordered by the City Council that the above described area from and after the e§fective date of this ordinance be sub'ject to the control and jurisdiction of the City of Piainview and subject to taxes and other assessments which may be leived by law from and after January 1, 1960. PASSED, APPROVED AND ADOPTED this the l?th 1960. day of October, A. D. M. B. Hood MAYgR%~FC~ OF PLAI'NViEW ATTEST: P. H. Bryan CITY CLERK, CITY OF PLAINVIEW, TEXAS {SEAL) Moved by Alderman Edmiston and secondSd by Alderman Ward that Ordinance No. 679 be passed placing Parking Meters on Baltimore Street between 6th & 8th Streets. The Motion Carried. ORDINANCE NO. 679B AN ORDINANCE ~<ENDING SCHEDULE 2 OF SECTION g0, ARTICLE 2, CHAPTER 14, OF THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957, SO AS TO LIMIT PARK- ING ON BALTIMORE STREET IN THE CITY OF PLAINVIEW, TEXAS, BET?[EEN 6th STREET AND 7th STREET AND PROVIDING FOR THE INSTALLATION OF PARKING METERS ALONG BOTH SIDES OF SAID STREET; AND PROVIDING THAT PARKING SPACES SHALL BE SITUATED SO AS TO AVOID PARKING IN DRIVEWAYS OR IN THE LOADING ZONE PROVIDED FOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Schedule 2 of Section 40, Article 2, Chapter i~, of the Code of the City of Ptainview, Texas, 1957, shall be amended by adding to said schedule the following: STREET INCLUSiVE BLKS. EXTENT SIDE Baltimore Street Baltimore Street Baltimore Street 600 Block 600 Block 600 Block 6th to 7th Street ~st 7th Street South to Alley East From Alley in center of Bik. South sixty-six (66) feet East SECTION 2: On the East side of Baltimore street from 6th Street North forty-four (44) feet, shall be a loading zone for the use, benefit and. convenience of the business establishment occupying the property con- tiguous to the Street Right of Way along said zone, and no parking meter~ shall be installed along said zone. ~SECTION 3.:' The Director of Public Safety is hereby directed and instruct- ed to install two (2) hour parking meters on that portion of Baltimore Street hereinabove provided for and described in Section i hereof. The Director of Public Safety is directed to place said parking meters so as not to obstruct any driveway now in use and existing along the oortion of Baltimore Street described in Section I hereof. SECTION 4: VALIDITY. A. If any section, paragraph, subdivision, clause, pnr~se~ ~ or provision of this ordinance shall be adjudged invalid or held unconsvitutional, .the same shall not affect the validitw of this Ordinance as a whole or any part of provision thereof other t~an the part so secided to be in- valid or unconstitutional. B. Ail Ordinances or parts of Ordinances in conflict herewith are here- by repealed. PASSED ANF APPROVED this the 19th day of August, 1957. M. B. HOOD M. B. Hood, Mayro City of Plainview, Texas ATTEST: P. H. BRYAN P. H. Bryan, ~ity Clerk City of Plainview, Texas Moved by Alderman Cline, second by Alderman Hanna, that the ordinence No. 737 rearranging part of 21st. Street be THE~MOTION CA?RIED ORDiNENCE NO. 7~7 adopted AN ORDINANCE CLOSING THAT PART OF TWENTY*FIRST STREFT LYING BETWEEN THE ~FEST BOUNDARY LINE OF PORTLAND STREET AND THE NORTH- EAST BOUNDARY LINE OF BURLINGTON STREET IN THE TOEN OF PLAI NVIEW, HALE COUNTY, TEXAS;AND OPENING A TRIANGULAR TRACT OF LAND AT THE NORTHWEST INTERSECTION OF PORTLAND STREET AND BURLINGTON STREET AS A PUBLIC T~OROUGHFARE; AND ORDERING SUCH CLOSING AND OPENING FOR THE PURPOSE OF REARRANGING THE TRAFFIC PATTERN AND STREETS ENTERING BURLINGTON STREET;AND DECLARrNG SUCH REARRANGEMENT OF THE STREETS TO BE IN THE PUBLIC INTEREST: Whereas, South Plaine Commodities,Inc., acorporation, 'is the owner of all of block I~, West Lyrna Subdivision of Blocks 31,~2,33,39, and parts of ~6,40, 41, and 42, Lakeside Addition to the town of Plainview, Hale County, Texas; and Whereas, South Plains Commodities, Inc., A corporation, is also the owner of that certain tract of land contiguous to the North Boundary line of that part of 21st Street lying be- tween Portland Street and Burlington Street; and Whereas, because of existing railroad tracks and the pro×imity of buildings to the North line ~f that part of 21st Street lying between Portland Street and Burlington Street in the town of Plafnview, Hale County, Texas, the City Council f~nds that it will be in the public interest to close that part of 21st Street lying between Portland Street and Burlington Street and to open as a public street and thoroughfare that part of said Block~ of said West Lynn Subdivision above fully described, and described by metes and bounds as follows; A tract of land Out of Block~i, West Lynn Subdivision of Blocks 31,32,33, 39,and parts of 38,40,41,and 42, Lakeside Addition to Plainview, Texas, described by metes and bonnds as follows: Beginuig~ng at a point in 'the east line of said BloCk West Lynn Subdivision a distane of 3~.4 feet South of the Northeast corner of said Block Thence South 81.~ feet along the East line of said Block 1~i to its Southeast corner; Thence. Northwesterly ~7.1 feet along the Southwest line of said Block ~j[4to a point; Thence Northeasterly ~8.2 feet alomg a line perpfndicular to the Southwest line of said Block ~[.to the Place 0fBeginning of this tract; and Whereas South Plains Commodities, Inc., is agreeable and willing to dedicate that part of said Block-~i hereinabove described as a public street and thoroughfare in the event that the council s6~s fit to close that part of 21st Street lying between P&~tl~mdeStreet and Burlington Street herefnabove referred to; and ~ereas, the us~ of Block ~.~[ as a public street and thorough- fare will eliminate a traffic hazard and in the opine, on of the city council will create a safer~traffic pattern than is presently created by the present arrangemant of said Portland Street, 21st Street and Burlington Street; and ~ereas, South Plains Commodities, Inc., a corporatio~ as owner of that certain part of Block ~i hereinabove described by metes and bounds, proposes to dedica~ said tract of land as a public straet and thoroughfare ii~..~the City' Council in thier judgement deems it advisable to close 21st Street and open that part of said Block ~i hereinabove described as a public street and thoroughfar$, and the Council finds that such rearrangement of said street and traffic patterns will be in the public interest; and Whereas, the City Planning Commision of Plainview, Texaas has reccomended such rearrangemnet of the streets as being in the public interest;NOW, THEP~FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section l: That that part of 21st Street lying be- tween the West boundary line of Portland Street and the Northeast Boundary line of Burlington Street be and the same is hereby closed. Section 2: That that certain tract of land contiguous to the Northwest intersection of Portland Street and Burlington Street and described as follows: A tract of land out of Block ~], West Lynn Subdivision of Blocks 31,32, 33, 39 and parts ol~ 38,40,41, and 42, Lakeside Addition to PlainView, Texas, described by metes and bounds as follows: Beginning at a point in the East line of said Block~, West Ly~nn Subdivision, a distanee of 35.4 feat South of ~he Northeast corner of said Block~].~ Thence South 81.5 feet along the east line of said Block ~l~ to its Southeast corner; Thence Northwesterly 57.1 feet along the Southwest line of said Block~! to a point; Thence Northeasterly 58.2 feet along a line perpindicular to the Southwest line of said Block ~'to the PLACE OF BEGINNING ~.f this tract; having been dedicate~s a public street and thoroughfare by owner thereof, South Plains Commodities, Inc. a corporation, such dedication is hereby accepted, and same is hereby opened as a street and thoroughfare and is hereby declared to be a public street and thoroughfare. Section 3: That that part and portion of 21st Street lying between the West boundary line of P6rtland Street and the North- east boundary line of Burlington Street as provided in Section I of this Ordinance shall no longer be used as a public street and thoroughfare and shall no longer be used or desiEnated as a street, and the owner of the property contiguous to said portion of 21st Street may take ~osession thereof and may ~ake use o£fsame in accordance with the laws of the State of Texas. PASSES, APPROVED AND ADOPTED this the 30t~ day of Sep~1960 M.B. HOOD Mayor P.H.' ~RYAN City Clerk Moved bv Alderman Cline, and seconded by AldeN man Hanna, that the ordinanCe No. 738 relating to the par~ing of automobiles upon certain portions of the city streets. THE MOTION CARRIED ORDINANCE NO. 738 An ORDINANCE RELATING TO THE PARKING OF AUTOMOBILES AND OTHER -~EH!CLES UPON CERTAIN PORTIONS OF THE PUBLIC STRFETS IN THE CITY OF PALINVIEW; PRESCRIBING THE LIMIT FOR WHICH AUTOMOBI~,ES CAN BE PAR~S UPON CERTAIN PORTIONS OF ST~EETS IN THE CITY OF PLAINVIEW; PROHIBITING THE PARKING OF AUTOMOBILES UPON CERTAIN PORTIONS OF STREETS IN THE CITY OF PALINVIEW; NAMING AND DEFIN~N~ THE STREETS TO .¥~IICH THIS ORDINANCE APPLIES; AND PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY. OF PL~INVIEW: Section 1: Hereafter it shall be unlawful ~or any person ope~atlng or having control of any automobile, truck, trailer or other vehicle to par~ the s~e or permit the same to be parked or to stand still at any one place for a period of of more than l~ minuhes between the hours of~7:00A. M. and 7:00 P.M. of any day upon that portion of the following mamed street in the City of Plainview, Texas, to-wit: ~(1) On the North side of West 7th Street fEom a point beginning twenty feet (20) East of the~~corner of the intersection of West Seventh Street and AuStin °treet to a point eighty-three(83) feet East of said intersection. Section 2:Hereafter it shall be unlawful dot any person operating or v~a~o~ontrol of any automobile, truck, trailer, or other vehicle to park the same or permit the same to be parked or to stand still at any time on the followin~ mamed public street inthe City of Plainvfew: (1) On the East side of A~ustin Street from a point twenty feet(20') North of the intersection of ~ustdn Street and Wes~ Seventh Street to a point one hundred Ewenty feet (120') North of said intersection. ~ection....3: Any person who shall violate this ordinance or any part thereof shall be fined not less than One Dollar(S1.00) nor more than one Hundred dollars (&100.-00). Section 4:All ordinances Or parts of ordinances in conflct herewith are hereby ~epealed. PASSED AND A?PROVED this 19th day of December, 1960 M.B.H.OOD M.B. HOODM AYOR City of Plainview P. H. BRYAN P.H. BRYAN, bi'TY"CLERK City of Plainview Moved b~ Alderman Cline, seconded by Alderman Stokes, that the .Ordinance No. 739 be adopted. The Motion Carried ORDINANCE NO. 739 AN ORDINANCE PROHIBITING THE PARKING OF AUTOMOBILES OR OTHER VEHICLE~ UPON A PORTION OF EAST EIGHTH STREET IN THE CITY OF PLAINVIEW; SETTING ~OUT THE PORTIONS OF SAID STREET WHERE PARKING IS PROHIBITED;AND PRESCRIBING A PET[ALY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~: Section 1: Hereafter it shall be unlawful for any person operating or having control Of an~ automobile, truck,, tra~ler, or other vehicle to park the same or permit the same to be parked or to. stand still at amy one place for e period of more than two (2) minutes at any time upon ~h&thportion of the following ~amed streets in the City of Plainview, Texas, to-wit: (1) On the South side~ ~f eighth Street from the ~lley running between Broadway Street~and Ash Street to a po~.nt forty feet (~0') East of said alley;' (2) On the North si4e of EAsb~Eighth Street from the alley running between Broadway Stree~ and Ash Street to a point forty feet(40') East of said alley. Section 2: Any person who shall violate this ordinance or any part thereof shall be fined not less than (1.O0) nor more than one hundred dollars ($100.00). Section 3: All ordinances o2 parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 19th day of December, 1960. P.H. BRYAN P.H. Bryan, Ci'ty Clerk City of Plainview M. B. HOOD B. Hbod City of Plainview Moved by Alderman Cline, Seconded by Alderman Hanna, that the ordinance No. 740, be adopted. The Motion Carried ORDINANCE NO. 74,0 AN.ORDINANCE RELATING TO THE PARKING OF ~UTOMOBILES AND OTHER VEHICLES UPON CERTAIN PORTIONS OF THE PUBLIC STREETS OF THE CITY OF PLAINVI~Vg; PRESCRIBINGTHE LIMIT FOR ~gHICH AUTOMOBILES CAN BE PARKED UPON CERTAIN PORTIONS OF STREETS IN THE CITY OF PLAINVIEW; NAMING AND DEFINING THE STR~TS TO WHICH THIS ORDINANCE APPLIES; AND PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: Hereafter it shall be unlawful for any person operating or having control of any automobile, t~ck, trailer, or other vehicle to park the same nor to permit the same to be parked or to stand still ab any one place for a period of time of more th~n fifteen (l~)minu~es between the hours of '7:00~.M. and 7:00 P.M. of any day upon whose portions of the following named streets in the City of Plainv!ew, Texas, to-wit: Gl) on the West side of Ash Street from a point beginning TWenty (20) feet South of the Southwest corner of the intersection of Ash Strset and Eighth Street to~ a~ point 1~2 feet South of the beginning poSnt; (2) 0n~-the South sid~ of Ea~t~'~Eighth Street from ~ point beginning twenty (20~) feet West Of the Southwest intersection of East Eight~ Street and Ash Street and extending eighty (80') feet feet West of- said Point. Section 2: ~ny person operating or having control of ~ny automobile truck, trailer, or other vehicle who shall park same along that area of the West side of A~sh Street described and set out in Subsection (1) o~ Section i of this ordinance, shall park said automobile, truck, trailer, or other vehicle at an angle of approximately forty-five degrees (~) and within the parking spaces indicated by the lines provided therefor. Section ~: No vehicle over twenty-three feet (23) in length shall park or be parked on that portion of the West side of ~sh Street described and' set out in Bubsection (1) of Section I of this Ordinance. Section 4: Any-person who .shall violate this ordinance or any part thereof shall be fined not less than One Dollar(S1.00) nor more thmn One Hundred Dollars(S100.00). Section ~: All~ordinances or parts of ordinances in conflict herewith are hereby'repealed. PASSED AND APPROVED this 19th day of December, 1960. M. B. HOOD M. B. Hood, Mayb~ City of Plainview P.H. BRYAN' P. iH. Bryan,'Ciby ~lerk City of Plainview MINUTES PERTAINING TO RESOLUTION AND ORDER CANVASSING RETURNS AND DECLARING RESULTS OF WATER CONTRACT ELECTION THE STATE OF TEXA'E CITY OF PLAINVIEW COUNTY OF HALE On This, the 5t~ day of December, 1960, the Council of the City of Plainview, Texas, convened in Regular session, at a regular meeting place thereof in the City Hall, there being present and in attendance the lolling members: M.B. Hood-Mayor Geore L~ Taylor-Alderman W.H. Irby- Alderman Alvin Stoke s-Alderman B. ~. Cline, Jr.-Alderman Maurice Hanna, Alderman and the following absent None, , constituting a quorum; and, mmong other proceedings had were the following: M. B. Hood , MaYor offered the following resolution and order to the Council and moved its adoption, which motion was seconded~by Alderman Stokes: ~Resolution And 0rd~r canvassing returns and declaring result of an election held the 22nd day of December, 1960, in the City of Plainview, Texas, for the purpose of submitting to the qualified taxpaving voters of said City the question of whether or not the Council on behalf of the City, shall be authorized to enter into a water supply contract with the Canadian River Municipal Water Authority." The resolution, and order was read in full by the CitF Ma~or, ~ ' , the ~uSst~.on and after full discuss~on and mature del~beratzon was called for, whereupon, said resolution and order was put to a vote of the Council, and was passed, adopted and enacted by the following vote: "AYES":5 The Mayor then declared the ~esolution and order finally passed, adopted and enacted. Minutes Approved, this the 5th day of December, 1960. M;B. HOOD MAYOR, CITY OF PLAINVIEW, TEXAS ATTEST: P. H. BRYAN CITY CLERK, CiTY OF PLAINVI~ TEXAS (City Seal) RETURNS OF WATER CONTRACT ELECTTON HELD IN THE CITY OF PLAINVIEW, TEXAS THE STATE OF TEXAS CITY OF PALINVI~ COUNTY OF HALE TO THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEX&S: k~, THE UNDERSIGNED OFFICERS, holding an election on the 22nd · day of November~1960, at City Auditorium1 in the Cit~ of Plamnvle , Texas, upon the proposition ~ubmitted at said eleCt]~on as fbllows: "Shall the City Council of the City of Plainview, Texas be authorized to contract with th$ Canadian River Municipal Water Authority for a water supply for said City authorized by Article ll09e,R.C.S, of TeXa~, 1925, and other applicable 1~ wa?" DO HEREBY CERTIFY that at said e!edtion votes were cast as follows: "FOR THE WATER CONTRACT ................. 1331 votes; ~Against THE WATER CONTRACT" ...... ' ..... ---6~--'votes; Majority"1276 The Water Contract" We Further Certify that only .qualified electors of said City who own taxable property therein and who have duly rendered the same for taxation, were permitted to vote at said election. WE HEREk~TH ENCLOSE poll list and tally sheet of sai~ election. WITNESS OUR HANDS OFFICIALLY this the 22nd day of Nov. , 1960. Mrs. C. Vo Young H.M. Sm~lser cle'r~ ~' '~reS~ing Judge Mrs. Burns Noble P.E. Shick ' clerk Judge MIArUTES PERTAINING TO PASSAGE AND ADOPTION OF ORDINANCE PRESCRIBING FORM AND SUBSTANCE OF WATER CONTPACT AND DIRECTING EXECUTION THEREOF THE STATE OF TEXAS CITY OF PLAINVIEW COUNTY OF HALE ON THIS, the 5th day of Decembe~ ~ .r, 1960, the City Council of the City' of PlainView, Texas, convened in ~~~ion, at the regular meeting place thereof in the City Hall, there being presentand in attendance the following members, to-wit: M.B. Hood -Mayor George L. Taylor-Alderman W.H, Irby-Alderman Alvin Stokes-Alderman Mauricme Hanna-Alderman C. B. Cline, Jr.- Alderman and the following absent: None conm. tituting a quorum, at~ghich t~e th~ following among other business was transacted, to-wit: ._~~ Mayor.~_ offered the following ordinance £or the Cl~.y ~ouncil consideration and action thereof: "AN ORDINANCE by the City Council of the ~ity of Platnview, Texas, prescribing the form and sub- ~tance of a water contract between the City of Plainview, and the Canadian River Municipa~ Water Authority, authorized at an election held for the purpose Within the city on the 22nd day of November, 1960, authorizing the Mayor and City Clerk to execute said contract on behalf of the City Council ; and enacting provisions incident and relating to the subject and purpose of this ordinance.~ The ordinance was read in full, Thereupon W. H. Irby made a motion that the ordinance be finally passed a~d' adopted on one reading and at the same meeting at which it was introduced, as provided by A~.~ticle ll09e Revised Civil Statutes of Texas, 192~, ~s amended. The motion was seconded by ~lor and carried by the following vote: AYES: ~ The Mayor then announced that the ordinance had recieved a. vote of ~major~.t~' ' ~ of the members of the City Council, and that accordingly the ordinance had been finally passed and adopted. Minutes Approved, this the ~th ATTEST: P.H. BRYAN ~ity Clerk, City of Plainview, Texas d~y of December, 1960. M.B. HOOD '~'Mayor, City of Plain~ie~, Texas "AN ORDINANCE by the City Council of the City of Plainvie~, texas , prescribing the form smd sub- stance of a water contract between the City of Plainview~ _, and the Canadism River Municipal Water Authority, authorized at an election held for the purpose within the city on the 22nd day of November, 1960, authorizing the Mayor and City Clerk execute said contract on behalf of the City Council, and enacting ~rovisions incident and relating to the subject and purpose o~ this ordinance," ~HEREAS, under and by virtue of a resolution and order duly passed adh adopted by. the City Council of the City of Plainview, Texas, on the 17th day o'f October , 196o, an election was held in said--~-~y on the'"22nd day of November, 1960, to determine whether or not t~e City Plainview of said City should be authorized to contract w-w~~ Canadian River Munmcmpal Water Authority far a water supply for said C~ty as authorized by Article ll09e Revised Civil Statutes fo Texas, 192~, and other applicable laws; and ~HEREAS, by resolution and order adopted on the ~th day ~ece~.er,~ 196o.~ the returns of said election were duly canvassed one ~y ~ounc~± and declared to be in favorof the water contract and that therefore the City Council is ~uthorized to pass an ordinance prescribing the form an~stance of s~id Con- tract and directing the execution thereof; therefore B~ IT ORDAINED BY TH COUNCIL OF THE CITY OF PLAINVIEW: SEC~ION l: ThAt the water supply contract authorized athe aforesaid election b~ t~amdsame is. hereby formally approved and adopted by the City Council a~dto ~form and substance as the wa~er supply contract which should now be entered into between the City of Plainv~ew ~nd the Canadian River Municip~l Water Authority. SECTION 2: That z true and correct copy of said contract so approved and adopted si attached hereto marked Exhibit "Am, and made a part he~eof by this reference as fully as if herein set forth at length. SECTION ~: That the Mayor and Clerk of the City be and they are hereby authorized and d~r~ct~d~to execute said water supply contract on behalf of the City fo Plainview, and as the act and deed of said City ~nd its City Council. Section 4: That the City Clerk~be and he is here- by authorized to deliver certified copies of this ordinance and minutes pertaining to its adoption to the Secretar~of the Canadian River Municipal Water Authority in such~number as may be requested for said Authority's records zad proceedings. SECTION ~: Th~ t eight copies of the aforementioned contract, executed by the city officials aforementioned, be transmitted to the Secretary of said Authority with a request that upon execution by the proper officials of the Authority, two copies therefore be return~ to.the City' for its records. PASSED APPROVED AND ~ACTED, this the ~th day of December,__1960. M.B. HOOD Mayor, C~ty of Plainview Texas ATTEST: P.H. BRYAN City Clerk, Cit~ of Plainview, Texas CONTRACT between the CANADIAN RIVER MUNICIPAL WATER AUTHORITY' and the CITY OF PLAINVIEW, TEXAS for providing a MUNICIPAL WATER SUPPLY THIS CONTRACT, made this ~th day of December 1960 between the Canadian River Mun--~pal Water Authority, ~ ' an authority duly created and existing under the laws of the State of Texas, ~nd the City of Plainview, a municipal~corporation in the State Of Texas acting by virtue of authority of general law.. witnesseth that: WHEKEAS, the Authority hae contracted or is negotiating with the United States for payment of the reimbursable costs of construction, operation and maintenance of the project works of the Canadian River Project, Texas, which project is designed ho provide a municipal water supply for member cities of the Authority, and WHERE~S, the City desires to secure a municipal water supply from the Authority,.and WHEREAS, construction of the project de~ends upon the negotia- tion of sufficient number of contracts for a municipal water supply from the project, and a n~umber of water users within the boundaries of the Authority, and possibly others outside the Authority, must execute contracts to receive a share of the project water supply; NOW THEREFORE,in conaideration of the mutual and dependent covenants herein contained, it is mutually agreed between the parties hereto as follows: GENERAL DEFINITIONS I. ~ere used in this contract, a. United States-Shall mean the United States of America, acting through the Secretary of the Interior, or his duly authorized representati~e. b,E~thority- Shall mean the Canandian River Municipal Water Authority, an authority duly oreated and existing under tthe laws of the State of Texas, acting through its Board of Directors. c.City- Shall mean the City o~ Plainview, Texas. d. Member City- Shall mean a city, town, or municipality which is the member of the Authority and is contracting for project water. e.Dam and Reservior- Shall refer to the Sanford Dam and Reservoir on the Canadian River used for storing and regulating project water, including all lands and rights of way. f. Project-Shall mean the Canadian River Project, Texas, as authorized by the Act of Congress dated Decembe~ 29,1950 (64Stat. 1124). g. Project Water- Shall mean available for sue through the project works for municipal industrial purposes. h. Project Water User- Shall refer to all member cities and other contractors, thief successors and assigns, which have contracted with the authority to receive a portion of the project water supply. i.Aqueduct- Shall mean the project system for trans- porting st0reddwater to the points of delivery established for the project, and lnclude~ all pipelines, conduits, pumping facilities and related works, and the land and right of ways for such works and facilities. j. Repa~vment Contract- Shall mean the contract, or contracts, between the Canadian River Municipal Water Authority and the United States of America for construction of the project. k. Normal Water Supply- Shall mean the Amonnt of waOer which studies indicate will normally be available from the project for delivery each calendar year. Allocations of water are based upon an estimate of 103,000 acre-feet (33,563)million gallons) to normally be Rva~lable for release from the reservoir each year. 1. Year- Shall mean the period January i through the next following December 31. PLAN 2. This contract between the City, which owns and operates its water distribution system, and the Authoriy is for requiring the Authority to make available for delivery to and use by the City, all or part of the municipal water supply to be used in or for the distribution system of such City. This contract provides for payment solely oat of the water swstem revenues of such City and all moneys herein required to be oaid by the City shall constitute an operating expense~ of the City,~ water system, and theCity shmll fix and maintain rates and charges for service rendered by such water system as Will be sufficient to pay expenses thereof, including t. hose contemplated by Articles ll09e, ll09g and lll3, Vernon's Texas Civil Statutes. · CONsTRUcTION REPAYMENT OBLIGATION ~. In consideration of the allocation to it of 3.691 percent of the normal water supply from the project, or a like percantage of any lesser available supply, the City shall pay to the Authority ~.70~ percent of the actual reimb~rsal cost of con- structing the dam and reservior, and 2,700 percent of the actusl cost of constructing the aqueduct, all as determined by the United States. Such.construction c~arge obligation shall be paid in fifty (~0) successive annual installments as follows, based upon a total consbruction obligation allocation to the City of $2,791,000, plus interest during construction and interest on the unamortized balance thereof at the rate of 2.6~2 percent. FULL CALENDAR :ANNUAL :FULL CALENDAR : ANNUAL :FULL CALENDAR:ANNUAL V~AR___ AFTER '.CONSTRUC~' ~ :YEAR AFTER :CONSTRUC- :YEAR AFTER :CONSTRUC- COMMENC~ENT :TION :COMM~CEMENT :T!0N :COF~ENCEMENT::T!ON OF SERVICE :SERVICE :OF SERVICE :SERVICE :OF SERV~C~ :SERVICE :CHARGE : :CHARGE : ::CHARGE ------i-- 7-7i'7W, ' hl ', oo 123,ooo P~ULL C~LENDAR: ANNUAL : FULL CALENDAR: ANNUAL :FULL -CALENDAr. ANNUAL ~W-EAR AFTER :CONST~UC-:YEAR AFTER :CONSTRUCT.YON:YEAR AFTER : :CONSTRUC~,~ COMJ~ENCEMENT : TION : COMMENC~I~NT : SERVICE : C'0MMENC~T :TION OF SERVICE :SERVICE :OF SERVICE :CHARGE :OF SERVICE :SERVICE :CHARGE : : : :CHARGE ~ 7g,-'4-oo 19 ----~1,9'0o' ~-g~ 3 77,400 20 123,000 37 80,200 21 38 83,100 22 39 6 86,000 23 40 7 88,800 24 41 8 91,800 25 42 9 9L~,7QO 26 43 10 97,400 27 ~ ll 100,300 28 12 103,200 29 46 13 105,900 30 47 ~123,000 1!1,800 32 49 16 114~500 33 .... 50 123,100 17 117,100 34 Should construction costs payable by the Authority to the United States vary from $92,960,000, the amont upon which annual installments are established for repayment by the Authority, the amonts designated in the preceeding table shall be adjusted, but not increased unless the City ha s executed an amendatory contract or contracts by which it agrees to pay an increased amonnt. The City may make additional payments on the construction repayment obligation at any time, whe~reupon appropriate adjustments in the schedule of future payments will be made. Under the terms of the contract between the Authority and the United States, each annual installment due the United States shall become due and payable on or before October I of each year commencing with the year immediately following that in which a notice ~s given by the United States stating that the project is sufficiently complete to permi~t the iniat~on ~f water deliveries and water is available to servemember cities in the second calendar year after such notice is given. The f~.rst annual construction repavmwnt Obligation pa~ent by the ~ity to the Authority shall become due and payable On or before September I of the same year in which the ~-~ first installment si due and payable by the Authority to the United States. Subsequent installments shall become due consecutively~on September I of each succeeding year. Payments shall be made on the basis of the above table uutil all project costs are ~dnally determined by the United States and reported to the Authority at ~nich time a revised schedule of payment shall be prepared based upon the same ratio of annual repayment as was used in preparing the above table. Payments thereafter shall conform with that table. If construction of the project works shall have been commenced, but is terminated prior to completion ~y reason of lack of funds or failure to secure the necessary amendatory contracts, theh the City shall pay to the Authority its percentage share of the total amonnt theretofore incurred or obligated by the Authority at such time and in such matter as will permit the Authority to meet its obligation to the United States. OPERATION AND MAINTENANCE CHARGES 4- a.At an appropriate meeting in each calendar year, in no event , however, to be later than November l, the Board of Directors of the Authority shall determine the total charges estimated to be required during the next ~ear for operation and maintenance of the ~r0ject includ- ing accumulating the necessary reserve funds. A detailed budget shall be made available to the City at least two weeks prior to the Board meeting for review and co~ent. b. The City shall pay its share of the total operation and maintenance charges required to deliver water to the City, on the basis of the advance-estimates prepared-by the Authority. ~ the end ~ of each year an adjustment will be made in the operation and mainte- nance charges to reconcile with actual costs, reserve fund require- ments, and water uses. c. Payment of all operation and maintenance charges due from the City shall be mad~ by the City'to the Authority. on such dates and in such amonnts as are designatedby the Authority to provide it with funds needed, as determined by the Authority, provided that no installment shall be due and payable before the day upon which the project is sufficiently complete to permit diversion b~1 the City of the suoply of water allocated to ~t in'th~s contract, or when the project works shall be deemed ho have been completed within the meaning of the contract between the United States aud the Authority for con- structing and financing the project, all set forth in a prior written notice by the Authority to the City. Shenever collect~ons from al~l sources are insuffieient to defray Authority ooerahion and maintenance expenses and payments, proportionate additional pa.~w-ments may be required through, supplemental notice to the City at least sixty(60) days in advance of the effective date. Such ~0t~catshall set forth the justi- fication for the increase in full detail. WATER SUPPLY 5. a. Quantity- For and in consideration of the pa~ents required to ~-~--~ under this contract, the Authority agrees to make 1,238 million gallons of untreated project water available to the C~ty for muni~cipal and indusDrial ~e~during each year Of normal s~pply, which is the City's pro rata share of the project normal water supply. b. Allocation~Nothing in this contract shall be construed as rest~ictin~ the right of the Authority to enter into firm contracts for delivery of the enti~e estimated normal water supply ofthe project provided, however , that all such contracts sahll recognize the right and responsibility of project water users to share int the normal water supply in the ratio of thief contract rights, Duringperiods of the scarcity ~heh rationing si ~n the opinion of the Authority required, the alloccation of a lesser volumn than listed in Article 5a shall not affect the con- tinuing obligation of the City to make the payments provided in this contract. c.Quality of Water- Water delivered to the City under this contract shall"be received from storage in the Sanford Reservoir. d. Unit of Measurement- The unit of measurements for water delivered hereunder shall be 1,O00 gallons of water, U. S. Standard liquid measure. e. A~oca~ted Water not Used-If the City does not use the total amo~mt of water to which it si entitled in any particular year~ it shall not retain any carryover rights into succeeding years. f. Other Uses- It is understood that the Project is authorized fo'r' the purpose of irrigating land, delivering water for industrial and municipal use, controlling floods, providing recreation and fish and wildlife benefits, andcon~roll~ng~ ~ and catching s~lt, The supply to be available for the City use and the price ~t pays for water mayreflect apportionment among these purposes or regulations of re- leases to coordinate all listed benefits. g. ~urplus Water-All projec~ water available for use in excess of the normal water supply, as de~erm&ned by the Authority, is hereby defined as surplus water. Surplus water may be disposed of by the Authority for the municipal and industrial purposes on such terms or at soch rztes as are established by it. WATER SHORTAGES 6. on acconnt of drOught or other~causes beyond bhe reasonable control of the Authority, there may occur at times any year a shortage in the quantity of water available for transmission to the City by the Authority pursuant to this contract. In no event shall any liability accrue against the Authority, the United States, or any of thief officers or employees for any damage, direct or indirect, arising out of any such shortages. CONTR~L'~'0F WATER 7. Right and responsibility for ~he c~ntrol of all waters of the project to the point of delivery shall remain in the Author_ty of the United States. Upom passing through the Authority, s meter installed at the point or points of delivery, right and respon- sibility for the control of water shall pass to the City. POINT OF DELIVERY 8. Deliveries of water ~o the 0it'y sha~l be made at one point on the aqueduct system, which point shall ~e designated by the City in advance of construction. A lo~cation map or plat showing the proposed location of the aqueduct will be available for use by the Cindy in selceting its point of delivery, Thereafter, the City may ~equest that all or any pa~t of its share of the project water suoply be delivered at the dam and reservoir, or may request deliveries at additional points on the aqueduct where the City has ressrved aqueduct caoac~ty. Upon approval of such request fo~ a change in the point o~ d~livery o~ for additional points of d~livery, the c~st of new~cov~uections as determined b? the Authority shall be amvanced by the City as provided in Art~cle 14. ALLOCATION OF AQUEDUCT CAPACITY 9. In the event the combined 'demand of all water users at a given t~me for the delivery of water shall exceed the carrying capacity of th$ aqueduct to the proposed point of diversion, deliveries to oroject water users will be made equitably on the basis that the max~mu~ rate of delivery to each project water user sill be in pro- portion to its share of the designated capacity of the aqueduct. When the carrying capacity of the aqueduct is taXed to its limit, the ~ate of delivery available for serving the City shall be at least 4.15 million gallon~ daily(6.42 cubic feet per second). The rate of delivery will ~e increased When possible without infringing upom the rights of others, giving consideration to the demands m~de by .all project water users and the relative rights of each which remain unused for the year. The determination of availability of water from time'to t~me, and quantity, shall be made by the Authority, whose determination ~hall be final. OBLIGATION TO COMPLETE PROJECT 10. The obligation of the Authority to the contract for payment of the reimbursable costs of construction, operation, and maintenance of the project shall be conditioned upon the execution of contracts with sufficient water users to produce revenues which, in the j~dgement ofthe Authority and the United States, will repay the costs of co~st'ructing and operating the project water supply and distribution system, If con- tracts are not secured whereby such estimated costs oc the Authority can be met, the Authority shall notify the City, whereupon this contract will be voided. PLEDGE OF CONTRACT ll. This contract, or the repayment 0bligatio,ns assumed by the City under it, may be pledged or assigned by the Authority to the United States as security for repayment of the Authority ob- ligation for construction, operation, and maintenance of the pr'oject, but onl~ together with other like contracts w~th all project~ water users covering the disposition of the major portion of the projectnormal water supply. PROJECT ALTERATIONS ~D REPAIRS 12. It si expressly recognized ~y the CitF that the Authority may be compelled to make necessay alterations, repairs, and dnstall- ations of new or additional equ~pmenb f'~om time to time. during thee life of this contract, and any suspension of delivery to the City due to such work shall not be caused for claim of damage on the ~art of thee City. However, every reasonable effort shall be made by the Authority to provide the City with water in accordance with this contract. In case. s of necessary suspension, the Authority shall give the C~ty as much advance notice as is practicable, in no event to be less than fifteen (1~) days, and set forth the estimated duration thereof. In the event any project facility instrumental in the delivery of water to the' 8ity is destroyed or damaged as the result of amy cause, whether by force majeure or Otherwise, so as to make deliveries of water re- quirements as herein specified~impossible, ~he Authority shall, to the extent of available resources, immediately proceed to restore said project facilities. Each~ City assumes the respomsibility for maintenance of its distribution system from the point of connection with the aqueduct and agrees that its system shall be constructed and maintained to result in a minimum of waste. Should the Authority dete- rmine that any part of the City system is causing unreasonable Waste it shall notify the City, and upon failure of the City to remedy the situation, at its option the Authority may discontinue or limit d deliveries until the condition complained of has been corrected. LIMITATION ON FINANCTAL LAIBILITY OF CITY 13. The City is'obligated under this contract to pay'~ts share of the costs of construction, operation, and maintenance of the project, Nothing herein shall be construed as prohibiting the Authority from making reasonable rate increases to cover e×penses auth- orized by this contract. WATER MEASUREMENT 14. a. Water shall be metere~ ab the point or points of delivery. The Authority shall furnish, install, ooerate and maintain at its own expense at said delivery point a master meter of standard type for measuring properly the quantity of water delivered under this contract.Meters for more than one point of delivery requested by the City shall be furnished, installed, operated, and maintained by the Authority, with thecost of the meter and its installation to be paid by the City. The Citymay, at its option and expense, ins6all~ operate and maintain at said d~livery points, a check meter or meters of stand- ard type. The City shall have access ~to all such metering equipment at~ all reasonable times, but the reading~ calibration, and adjustment of the Authority's master meter shall be done only by employees or agents of the Authority. The Authority shall keep a true record of all meter readings as transcribed from the reports of the Authority's employees or agmnts with respect thereto. Upom ~ritten request of the City~ the Authority will give it such information as it may request from the Authority's journals or record books or permit the City to have access to the same in the office of the Authority during business hours. b. The Authority shall aalib~e its measuring equipment as often as it considers necessary and at such times as the City may show reasonable evidence of error. If upon test, the percentage of any inaccuracy thereof is foun~ to be in excess of 2 percent, registration thereof shall be corrected for a ~eriod extanding back to the time when such inaccuracy began %f such time is ascertainable, and if not. then for a period e~t~8~ng~back one-half of the time elapsed since the Iast date of Calibration, but in no event furtRer', back than a period of six months, In the event the City has provided no check meter with reference thereto and if for any reason any master meter is out of service or out of repair so that the mmount of water delivered can- not be ascertained or computed from the reading thereof, the water de- livered during the period such'meter is ont of service or out of repair shall be agreed upon by the parties thereto, by correcting the error if the percentage of the error is ascertainable by the calibration tests or mathematical calculations, or by estimating the quantity of delivery by the deliveries made during preceding periods under sim- ilar .conditions when the meter was registering accurately. CONTRACT CONTINGENT'UPON CONSTRUCTION OF PROJECT 15 Thi'~' contr'act shall ~ot b'e v'a!id, and binding unless the repayment contract between the .Authority and the United States is confirmed,.The Authority agrees to proceed promptly and to the best of its ability for securing eonstruction of the facilcities necessary for the performance of its obligations-hereunder and to negotiate all contracts necessary to finance the construction of such facilities, It is understood that this time the Authority is not i~ a position to guarantee the. undertaking of the ~en~2~t2onro£hShe facilities or the date upon '~hich it will be able to make. the first delivery of water to the 'City, The Authority shall not be liable to the City for any damages occasioned by any delay in the commencement of such service to the Ci2~. EASMENTS 16. The Authority is ~erebY gr~nted the right to use any easements, right-of-way, or property held by the City for the purpose of making connections to the point or points of delivery and the placing of necessary equipment to carry out the Author:~y,s obligation to deliver water to the City, including related operati~ and maintenance. ~RTIFI~ATION l?. The City certifies and recites that the execution of this contract is duly authorized by the l~w and by a majority of the resident qualified electors owning taxable property in said City and who have duly rendered the same for taxations? voting at the electibn held for that purpose within said City; that all acts, conditions, and things required to exist precedent to this contract, to render the same lawful and valid, have been properly done, and happened,~and have been performed in regular and due time, form and manner as required by the constitution and laws of the State of Texas, and that this contract do. es not exceed muy constitutional or statutory limitations, and that provision will be made for ail payments due hereunder by irrevocably pledging to the payment hereof sufficient reven~es of the waterworks system of the City. The City warrmuts and guarantees that it has not obligated itself, and is no~ now bound by the issumuce of prior bonds or otherwise in such a manner that prohibits or makes inoperative any of the t~mis, conditions, or obligations herein provided. BENEFITS CONDITTONWD UPON PAYMENT 18.Should an~ char~es or payments required by-the terms of [his contract and'~levied against any water user be Judicailly ~de- termined to be irregular or void, or the City or its officers be enjoined or restrained from making or collecting any charges as provided for herein, such user shall have no right to any of the benefits ot this contract and no water shall be made available from the project for such user,If it is judicially de~ermi~ed t~at the City is not authorized to accomplish collections necessary for the sale o~ distribution, of water to meet its obligations under the contract t~e Authority is hereby authorized to sell water direct to those using the City supply and apply net revenues therfrom to the credit of the City"s account. TERM OF CONTRACT 19. This contract sha~[ be e~fective oH execution and shall continue until the construction repayment obligation is paid in Full. Upon the expiration of said term the C~ty shall have a vested right to renew said contract indefinately at appropriate annual service charges solong as a water supply may be available and the City is current on its pa.yments for water service. After the construction repayment obligation is paid, succeeding payments shall be the estimated amounts · ! which will be required to meet the Cmty s proper share of the Authority, s obligations. · RATES AND CHARGES BT THE CITY 20. a. City shall fix and' C'oilect-such rates and charges for water and services to be supplied by its waterworks system as will make possible the prompt payment of all expenses of operating and maintaining its waterworks system, the making of all pa.vments contracted hereunder, and the prompt payment of the principal and interest on all of its obligat~ions payable from the revenues of its waterworks system. he Czty may mn mts discretion, as permitted under laws at the time effective, ~ppropriate money from any sources for the purpose of relieving the necessity of increasing the said ~ates and charges for water service. b. The Authority shall never have the right to demand payment by the City of any obligation assumed or imposed on ~t?' it under and by virtue of this contract from funds raised or to be raised by taxation.- The City's obligations under this contract shall never be construed to b~ a debt of the City of such kind as to require it under the Con- stitution and laws of the State of Texas to levy and collect a tax to~ discharge such obligation, it being expressly understood by the parties. hereto that all payments due by the City hereunder are to be made from water revenues received by the City. c. The City represents and covenants that all payments to be made hereunder by it shall constitute Operating Expenses of .its water- works, system as defined in Article lll3, Vernon's Texas CiVil Statutes. d. Should the City fail to collec~ charges due from any water user~-~ or should the City be prevented from collecting such charges by .any judicial proceeding, or otherwis~ fail to collect them, no such water user shall receive water available ~uder this contract. The authority reserves the right without liability to ~efuse delivery of water to the City in the event the City fails to pay charges at the time and in the same manner and amounts provided for in this cont'ract. CITY OBLIGATION NOT SEPARABLE 21. The City as a whole is obligated to pay to the Authority the charges becoming due as-provided in this contract, notw~thstahding the default in the payment to the City by individual water users'of charges fixed by the City. ACCESS TO BOOKS AND RECORDS 22.Each party shall hav~ the right, during office hours, to inspect and to amke copies of the other party's books and off~.cial records relating to matters covered by this contract. DETERMINATIONS 23. Where the terms of this contract provide for act~on~to be based upon the opinion or determ~nat~on, of e~ther partw to this contact, whether or not stated to be conclusive, said terms shall not be construed as permitting such action to'be predicted u~on ar- bitrary, capricious, ore,reasonable opinions or determinations. PENALTY FOR DELINQUENT PAYMFNTS 2~. Every installment or charge required to be paid to the Authority under this contract which remains onvaid after it has become due and payable, shall be subject to a penalty of one-half of ~ one percent per month fr6m the date of ~8~inquency. DEFAULT 2~. In the event the Cit~' shall fail to pay all or any part of its obligations uncurred under this contract, and such delinquency shall have continued for a period of not less than two years, the Authority may, at its option, in addition to all other~rights provided in this contract, exercise all or any of the following righsts and remedies. a. The ~uthority may stipulate water rates to be charged by the City and the City shall confor~u ~ts rates accordingly. b. The Authority may withhold all or any part of the normal water supply allocated to the City by this contract and may sell or dispose Of such part without obligation, responsibil~ty., or lia- bility for damages to the City and shall apply the net'revenue from said sales as a credit upon the obi!gate_on of the City to the Auth-. o~ity. ~ c. The Authority mav terminate this contract whereupon all r~ghst thereunde~ accruing to the City shall cease and.determine. Such terminat~on, however, shall not relieve the City from its obliga- tion to pay all costs, charges, or ~nstallments due and payable under this contract prior to the effective date of such termi-nationo ~ll rights of action for breach of this contract are reserved to the Authority or the United States. Nothing contained in thds con- tract shall be construed as abridging, limiting, or depr~ving the United States or the Authority of any mesas of enforcing any remedy either at law or in equity for the breach of any provisions ~ereof which either party would otherwise have. The waiver of a breach of any of the provisions of this contract shall not be deemed to be a waiver of an~? provisions hereof, or any other' or subsequent breach of any pro- vision hereof. NOTICES 26. Any notice authorized or required by this contract shall be deemed properly given, except where otherwise herein sp~cif, ically provided. If mailed postage prepaid to the office of the General Manager, Canadian River Municipal Water Authority, on behalf of the Authority, and to the Mayor of the City of Plainview, Texas, on be- half of the City. The designation of the person notified, or the address of such oerson, may be changed at any tmme s~mmlar notice. SUBJECT TO U NI%~.D STATES ~YD AUTHORITY CONTRACT 27. This contract shall be subject to'the terms, condit~o~, and provisions of the repa~ent contract between the Authority and the United State's for constructing and financing the project, as amended or modified. This contract cannot be amended or supplem~nted without the advance written approval of a duly authorized representative of the United States. The Authority may assign all or any part of its rights or authority under this contract to the Un~ted States. ASS!GNM_W~TS BY CITY 28. The City may sell or assign t~is contract or any ~ort~on of its allocation of the right to receice project water only w~th the approval o~ the Authority and the United States. Under it must be established to the Authorit~.s satisfaction that the water right may be transferred under Texas law and the laws of the United States for diversiom~$roposed. The alternate user must enter a con- tract or contracts satisfactory to the Authority and the United States. NONDISCRIMINATION IN EMPL0~ENT 29. a. In connection with the performance of work under this contract, the City agrees not to discriminate against any employee,or applicant for employment because of race religion, color or national origin. The aforesaid provision shall include, but not be tinited to~ the follwoing: Employment, upgrading, demotion, or tramsfer; recruitment or recruitment advertising; layoff or t~rmination; rates of pay or other forms of compensation; and selection for traingin, including apprentice- ship. The City agrees to post hereunder in conspicious places, avsil- a~le for employees and applicants for emptoyment~ notices to be provided by the. United States setting forth the provisions of the nondiscrimination clause. b. The City further agrees to insert the foregoing pro- vision in all subcontracts hereunder, except subcontracts for ~tandard commercial supplies or raw mater~al~. IN ~ITNESS WHEREOF, the parties hereto acting under authority of thief respective governing bodLes have caused th~s contract to be duly e×ecuted in several coUnterparts, each e~'~ichash~teonstitute an original, all as~o~ the day:and year first above written. CANADIAN RIVER MUNZC!PAL WATER AUTHORITY By President CITY OF PLAINVIFW TEXAS By M.B, HOOD ATTEST: TitteMAYOR Secretary' (SEAL) ATTEST: CW~' ~vAN ity Clerk Appro~ed~as to Form: ~ey MOVED BY ALDE~AN W.H. IRBY SECOND BY ALDERMAN GEORGE L. TAYLOR THAT THE F0~LOWI'NG RESOLUTION AND ORDER BE PASSED. .THE MOTION CARRIED "RESOLUTION AND ORDER, canvassing returns and declar- ing result of an election held on the' 22nd day of Novembe~ , 1960, in the City of ~lainview , Texas, for the purpose of submitting to the qualified' taxpa¥ing voters of said City the question of whether or not the City Council on behalf of the City shall be authorized to enter' into a water supply contract with the Canadian River Municipal Water Authority". ~ - There came on to be considered the returns of an elec- t~on held in said City on the 22nd day of November, 1960, to determine the following proposition: "SHALL the ..City Council of the City of Ptainview , be authorized to contract with the Canadian River Municipal Water Authority for a water supply for said City as authorized by Article ll09e R.C.S. of Texas, 192~, and other applicable laws?" AND IT APPEARING from said returns duly and lawfully 184 made that there were cast at said election 1396 valid-votes ' of whTch number 13~l votes were cast "FOR THE WATER CONTRACT" and 65 ...... votes were cas~--"AGAINST THE WATER CONTRACT"'; therefore BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW , TEXAS: SECTION 1: That ~.h~aforesaid election was duly and- legally called and notice thereof given in accordance with the laws of the State of Texas, and the resolution and order calling said election; that said election was ~held in strict conformity with the Constitution and laws o~ the State of Texas, and the returns thereof have been properly made to the officials of the City' entitled to receive same; that only resident qualified propery taxpaying voters of said City, who owned property there- ~n subject to taxabion, and who have rendered the sams for taxation, were permitted to vote at said elect~on; and further that said election properly represents the desires of those qualified to vote as aforesaid. . SECTION 2: That a majority of the taxpay~ng voters voting at said election have voted in favor of the water contract, and that, therefore this City~Counc~il is authorized to pass an ordinance prescribing the form. and sub- stance of said contract and directing the execution thereof. PASSED, ADOPTED AND APPROVED, this t~e ~th. day of December , t9~0. M.B. HOOD MAYOR, CITY OF PLAINVIWW, TEXAS ATTEST: P.H. BRYAN CITY CLERK, CITY OF PALINVIEW, TEXAS (CITY SEAL) PETITION TO T~ HONORABLE CITY COUNCIL OF THE CITY 0F~ PLAINVIEg~, TEXAS: The undersigned, hereinafter referred to as Petitioners, will ~how to the Honorable City C~uncil of the City of Plainview, Texas, as follows: 1. Your Petitioners whos~ s~gnatures are affixed hereto respect- fully petition the Honorable City Council of the 8ity of Plain- view, Texas, to annex and take into the corporate limits of ~he City of Plainview, the following tract of land, to-wit: BEGINNING at a point 50 feet South of the Southeast corner of Lot 8, Block 4, Alabama Addition, Plainview, Texas, said point being in the South line of Section 38, Block JK-2, Hale County, Texas; THENCE West along the South line of said Section 38 a distance of 1~0 feet to a point; TL~NCE North ~ong a line parallel to the East line of said lot 8 at 30 feet pass a point in the ~outh line of said Lot 8, in all 170 feet to a point; THENCE East 140 feet alon~ a line parallel to the South line of said lot 8 to a point in its East line; THENCE South along the Eas~ line of said Lot 8 at 140 feet pass its Southeast corner, in all 170 feet to the pl.~ce of Beginning. 2. Your Petitioners hereby represent to the Honorable City Countil ~ the City of Plainview, Texas, that they are all of the tax-paying qualified voters residing in said territory and tract of land hereinabove described, and that said tract of land lies adjacent to the present City Limits of the City of Plainview, Texas. Your Petitioners hereby represent that said tract of land is owned by T. C. Shepard. 4. Petitioners will further show the Honorable City Council of the City of Plainview that said tract of land hereinabove describe~ is contiguous to the City Limits of the City of Plainview~ Texas, and is accessible to sewer, water and electricity, and that it is desirable, expedient and for the best interests for the residents of said area and for the owner of said ~and that said area be annexed to the City of Plainview. OPdDINANCE NO. 7~ AN ORDINANCE DEFINING AND PRESCRIBING THE RATES APPLICABLE TO THE SALE OF NATURAL GAS AND NATURAL GAS S~RVICEv BY' PIONEER NATURAL GAS CO~-~ANY TO ITS US2OI~RS I~0 USu NATURAL GAS WITHIN THE CITY L~fITS OF . P!.ainview ~ _. t~HEREAS, heretofore, on October,S, 1960', Pioneer Natural Gas Com- pany, successor of West Texas Gas Company, submitted an application to the governing body of the City of PLAiN~IEW rates to cover the sale of nat~ral'~gas' andna~urai' proposinggas servicea schedUleby Pioneer°f Natural Gas Company to its customers who use natural gas within the city limits of the City of PLAINVIEW such application being here referred to and~made a ~art h~reof; .... ' and ' ~EREAS~ said application has been considered by the governing body to the City. of P~AI~ViEW and it is the ooinion of the City ~t th~~ ..... ' ~ proposed schedule of raves for the sale of gas and natural gas service by Pioneer Natural Gas Company is just and reasonable, and should by approved; NOW, THEREFORE, be it ordained by THE CITY COUNCIL OF THE CITY OF PLAINVIEW : ~ ' , ~ , ~_ That Pioneer Natural Gas Company, its successors and assigns may make charges for the sale of natural gas and natural gas service to its customers who use natural gas wi~l~in the City of ~LAIN¥~W as follows: ~ -. - . · Monthly rate: First Next Next Next Next Next. Ail Over 2,000 cu. ft. or less per month, $1.65; 8,000 cu. ft. per month 60.5 cents per M. cu. ft.; 40,000 cu. ft. per month 55 cents per M. cu. ft.; 50~000~ cu. ft. per month 50 cents per M. cu. ft.; 200~000 cu. ft. per. month 38 cents per M. cu. 'ft.; 200,000 cu. ft. per month 33 cents per M. cu. ft.; 500,000 cu. ft. per month 28 cents per M. cu. ft. ~nimum bill $1.65 per month Delayed payment charge - ten per cent {10%) of bill will be added if not paid within ten (10) days after date of billing. .0 The rates prescribed herein shall become effective fora!l meter reading periods beginning on and after January 2~, 1961~ All ordinances or Darts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. On motion rea~ the unanimous vo' seconded by day of December nc, was passed~on first . . ~__, A.D., 1960, bM councilmen present. PASSED AND A~PROVED this the · 19tb~ day of. Decem~.er. , A.D., 1960. M, B. H.qod Mayor City of. PLAINV~W. Texas ATTEST: P City of PLAINV!~ 11, Texas APPROVED AS TO LEGAL FORM: Joe Sharp W}~REFORE, we, the undersigned Petitioners, respectfully petition the Homorable City. Council of the City' of Plainview, Te×as,'that the said area, territory and tract of land above described be annexed to the City of Plainview and be subject to all of its authority, ordinances,, powers and governmental functions. -T. C. Shep_ard Mrs. Charles A Roson Charles A Roson Moved by Alderman Taylor and seconded by Alderman Cline, that the petition be granted and Ordinance No. .1~~ be passed conforming to the petition. The Motion Carried. Moved by Alderman Taylor and seconded by Alderman Cline that the petition of T. C. Shepard et al be granted and Ordinance No. 742 be passed con- firming to the petition. The Motion Carried. ORDINANCE NO. 742 1 AN ORDINANCE MNNEXING AND INCORPORATING iNTO THE CITY L!~V[iTS OF THE CITY OF PLAINVIEW, TEXAS~ 'AN AREA ADJACENT THERETO AND FINDING AND DETErmINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS ~ITHIN SUCH AREA HAVE FILED WiTH THE CITY CLERK SUCH PETITIONS ~ZQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURI3DtCITiON OF THE CITY OF PLAINVI~, T=XAS. WHEREAS, a petition has been signed and f~led with the City Clerk of the City of Plainview, Texas~ petitioning the City Council of the City of Plainview to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: B~G~NNING at a point 30 feet South of the Southeast corner of Lot ~, Block ~, Alabama Addition, Plainview, Texas, said point being in the South line ofSectmon' 3S, Block JK-2, Hale County, Texas; THstN~E West along the South line of said Section 3~ a distance of 140 feet to a poi.nt; ~ THENCE North along a line parallel to the Eastline of said Lot $ at 30 feet pass a point in the South line of said Lot ~, in all 170 feet to a point; THENCE East 140 feet along a line parallel to the South line of said ~ ~ ~o~ 8 to a point in its East line; THENCE South along the East line of said Lot 8 at 140 feet pass its Southeast corner, in all 170 feet to the Place of Beginning; and ~RES the City Council upon a consideration of said Petition, has found and determined that a majority of the resident qualified taxpaying voters residing in said area have signed said petition; and ~¥~EREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Plainview~ and that it is desirable, expedient and for the best interest of the residents of said area and for the City of Plainview that said area be annexed to the City of Ptainview; Now~ therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1: It is found and determined by the City Council that the following described tract of land, to-wit: BEGINNING at a point 30 feet South of the Southeast corner of Lot 8, Block ~, Alabama Addition, Plainview, Texas, said point being in the South line of Section 3~, Block JK-2~ Hale County, Texas; THENCE West along the South line of said Section 38, a distance of 140 feet to a point; THENCE North along a line parallel to the East line of said Lot ~ at 30 feet pass a point in the South line of said Lot 8, in all 170 feet to a point; THENCE East 140 feet along a line parallel to the Sout~ line of said Lot 8 to a point in its East line; THENCE South along the East line of said Lot 8 at i~0 feet pass its Southeast corner, in all 170 feet to the and all of which land lying and being situated in Hale County~ Texas~ is contiguous to the City Limits of the City of Plainview~ Texas. Section 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk~ petitioning the City Council to admit~ incorporate and annex the above described area into the corporate limits of the City of Piainview~ Texas~ and that said Petition is in all respects regular and in compliance with with Section ~ of the City Charter of the City of Plainview. SECTION 3: It is found~ determined and ordered by the City Council of the City of Plainview, Texas~ that said Petition in all thin~s be granted and that the above described area be and the same is is all respects incorporated into and made a part of the City Limits of the City of Plainview. SECTION ~: It is further determined and ordered by the City Council that the above described area from and after the effective date of this Ordinance be subject to the control and jurisdiction of the City of Plainview~ and be subject to taxes and other assess- ments which may be levied by law from and after January Is 1961. PASSED~ APPROVED AND ~DOPTED, this 20th day of ~rch~ 1961. ATTEST: M. B~ Hood M. B. ~OOD~ Mayor, City of Plainview P. H~ BRYAN~ City C!erk~ City of Plainview PETITION TO THEHONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEZAS: Comes now J. C. Titus et ux Effie May Titus and would show to the Honorable City Council of the City of Plainview~ Texas~ as follows~~ Your petitioners~ whose signatures ar affixed hereto~ are the owners of the following described tract of land lying adjacent ~ the City of P!ainview~ Hale County~ Texas~ which tract of land is described by metes and bounds as follows: A tract of land out of ~he Alabama Addition to the Town of Plain- view~ Hale County~ Texas~ ~escribed as follows: BEGINNING at a point 37.5 feet North and 157~5 feet East of the Southwest corner of Lot 3~ Block ~ Alabama Addition~ Plainview~ Texas; THENCE North 105 feet along the West line of the Titus Subdivi- sion to a point~ THENCE N~rth ~5~ 0~ West 21~2 feet to a po~at~ THENCE West 50 feet to a THENCE South 120 feet to a point in the North line of 26th Street; THENCE East 65 feet along the North line of 26th Street to the place of beginning. tl. Petitioners hereby represent to the Honorable City Council of the City of Plainview, Texas, that they are all oftthe tax paying~ qualifi- ed voters residing in said tract of land and the territory hereinabOve described and that said tract of land lies adjacent to the present city limits of the City of Plainview~ Texas. 111. Petitioners would further show the Honorable City Council that the property described by metes and bounds in Paragraph 1 is conti~uous to the city limits of the City of Plainview~ Texas~ is in conformity with the plans in and for said City~ and is accessibl~ to sewer~ water and electricity. Petitioners further represent to the Honorable City O~$uncil that all of said land and property is suitable for building, and that it is desirable~ expedient and for the best interest of the residents of said area and to the City of Plainview that such area be annexed to said City. WHEREFORE~ we the undersigned petitioners, respectfully petition the Honorable City Council of the City of Plainview, Texas that the said area~ territory and tract of land above described be annexed to the City of Plainview and be subject to all of its authority, ordin- ances~ powers and governmental functions. J. C. TITUS J. C. TITUS EFFIE MAY TITUS EFFIE MAY TITUS Moved by Alderman Hanna and seconded by Alderman Cline that the petition of J. C. & Effie May Titus to bring tract of land 65x120 feet of the Alabama Addition into the City Limits be granted and Ordinance No. ?g2A be passed orlnozng the tract into the City. The MotiOn Carried. ORDINANCE NO. 742 A AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAEPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTIONi~OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the City of Plainview~ Texas, petitioning the City Council of the City of Plainview to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: A tract of land out of the Alabama Addition to the Tov~ of Plain- view, Hale County~ Texas~ described as follows: BEGINNING at a point 37.5 feet North and 157.5 feet East of the Southwest corner of Lot 3, Block ~ Alabama Addition, Plainview~ Texas; THENCE North 105 feet along the West line of the Titus Subdivision to a point; THENCE North 45~ 0~ West 21.2 feet to a eoint; THENCE West 50 feet to a point~ THENCE South 120 feet to a point in the North line of 26th Street; THENCE East 65 feet along the North line of 26th Street to a Dlace of beginning. and ~EREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident qualified taxpaying voters residing in said area have signed said petition; and ~HE~EAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview~ NOW THErEfORE BE IT O~DkI~D BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, T~IAS: SECTION I: It is found and determined by the City Council that the following d.escribed tract of land~ to-wit: BEGINNING at a point 37.5 feet North and 157.5 feet East of the Southwest corner of Lot 3~ Block ~, Alabama Addition, Plainview, Texas; THENCE North 105 feet along the West line of the Titus Subdivision to a point; THENCE North 45" O~ ~;est 21.2 feet to a point; THENCE West 50 feet to a point; THENCE South 120 feet to a point in the North line of 26th Street~ THENCE East 65 feet along the North line of 26th Street to the place of beginning. and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City of Piainview, Texas. 188 SECTION 2: It is found and determined that a majority of the qual±f±ed taxpa¥ing voters residing in the above described area have duly' signed a petition on file with the City C~erk, petitioning the City Council to admit~ incorporate' and annex the above described area into the corporate limits of the City of Plainview7 Texas, and that said petition is in all respects regular and in compliance with Section ~ of the City Charter of the City of Plainview. SECTION 3: It is found, determined and ordered by' the City Council of the City of Plainview, Texas~ that said petition in ~11 things be granted and that the above desceibed area be and the same -is in all respects incorporated into and made a part of the City Limits of the City of Plainview~ SECTION 4: It is further determined and ordered by the City Council that the above described area from ~nd after the effective date of this ordinance be subject to the control and jurisdiBt~on of the City of Plainview and subject to taxes and other assessments which may be levied by law from and after January 17 1961~ PASiED~ APPROVED AND ADOPTED, This 1st day of M a~~ 1961. ATTEST: M. B. Hood M. B. HOOD, Mayor City of P!ainview7 Texas ~AUL ~R~A?, CITY CLERK Cityof P!ainview~ Texas PETITION THE STATE OF TEXAS COUNT~ OF HALE TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLA!NVIEW, TEXAS: Now comes KVOP~ INC.~ and sho~s to the Honorable City Council of the City of Piainview~ Texas~ as follows: That your petitioner is the owner of the following tract of land located in Hale County, Texas~ described as: BEING the North One-Half (N.1/2) of that certain tract of land ,described by metes and bounds in a warranty deed from D. D. Bogyman and wife, Cora M. BowYaan~ to W. J. Harpole, dated Aug~ ust 12, 19527 recorded in Book 233, Page 3027 Deed Records~ Hale County~ Te×as~ to which deed and its record reference is here made for all pertinent purposes~ said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point which is g6~.6~ feet North of the South- east corner of the Southwest ~/~ of Section 38~ Block JK~2~ Hale County, Texas~ TH~.,NCE North along the East line of the Southwest !~ of Section 38~ Block JK-27 ~6~.6~ feet to a point; THENCE West 735 feat to a point~ THENCE South ~6~.6g fewest to a point~ THENCE East 7.35 feet to the PLACE OF BE~ GINNING. Petitioner represents to the Honorable City Countil of the City of Ptainview~ Texas~ that f~ is a taxpayer with business located on the territory and tract of land hereinablve described, and that said tract of land lies adjacent to the present city limits to the City of Plainview, Texas. Petitioner would further show the Honorable City Council that said territory and tract of land hereinabove described is contiguous to the City Limits of the City of P!ainview~ Texas~ and that said addition is in conformity with the plans in and for said City~ is assessible to sewer~ water and electricity. Petitioner further o ~ represents to the Honorable City Council that all of said land and property is suitable for building sites, and that it is desirable~ expedient and for the best interests for the residents of said area and for the City of Piainview that said area be anne×ed to said City. ~EREFORE~ the undersigned petitioner respectfully petitions the Honorable City Council of the City of Plainview~ Texas, that the -said area~ territory and tract of land above described be annexed to the City of P!ainview and be subject to all of its authority, ordin- ances, powers and governmental functions. KVOP~ INC. ATTEST: By W. J. Harpole President Kermit A~hley Secretary THE STATE OF TEXAS COUNTY OF HALE BEFORE ME~ the undersigned authority , in and for said County, Texas, on this day personally appeared W~ J. Harpole, kno~a to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same was_the act of the said KVOP,INC., a corporation, and that he executed the same as the act of such corporation for the purposes and considera- tion therein expressed~ and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .~9th of May, A. D. !961. day (SEAL) Notary Pub!ic, Hale Count~, Texas Moved by Alderman Irby and seconded by Alderman Stokes that the petition be granted~ and that Ordinance No. ?~3 be passed taking the tract into the City Limits. The Motion Carried. ORDINANCE NO. AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW~ TEXAS, AN AREA RDJACENT THERETO AND FINDING AND DETE~4INING 'THAT PETITION HAS BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QgALIFIED TAXPA~ING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REqUeSTING SUCH AN~ NEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDIC- TION OF THE CITY OF PLAINVIEW, TEXAS. ~EREAS~ a petition has been siened and filed with the City Clerk of the City of Plainview~ Texa~ petitioning the City Council of the City of P!ainview to annex and admit the fo~lowzno~ ' ~ described area and terriVory into the City of Plainview~ to-wit: BEING the North One-Ha!f (N 1/2) of thst certain tract of land described my metes and bounds in a warranty deed from ~. D. Bo~an and wife~ Cora M. Bo~r~an~ to W. J. Harpole, dated August 12, 1952~ recorded in Book 2~3, Page 302, Deed Records~ Hale County, Texas~ to which ddde and its record reference is here made for all pertinent purposes~ said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point which is ~6~.6~ feet North of the South- east corner of the Southwest 1/~ of Section 3~ Block JK-2, Hale County, Texas.; THENCE North at~ng the East line of the Southwest 1~ of Section 35, Block JK-2, ~6g.6~ feet to a point~ THENCE West 735 feet tO a point~ THENCE South ~.6~ feet to a point; THENCE East 735 feet to the PLACE of BE- GINNING: and, WHEREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident~ qualified ta~mpaying voters residing in said area have signed said petition~ and, WHEREAS, the City Council finds that all of said area is con- tiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Piainview that said area be annexed to the City of Plainview. NOW, THEREFORE, BE IT O~DAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION i: It is found and determined by the City Coun~ii that the following desceibed tract of land, to-wit: BEING the North One-Half (N 1/2) of that certain tract of land described by metes and bounds in a vTarranty deed from D'. D. Borg, an and wife, Cora M. Bo~an, to W. J. Har~ole, dated August 12, 1952, recorded in Book 233, Page 302, Deed Records Hale County, Texas, to which deed and its record reference is here made for all'pertinent purposes; said strip of land being more particularly be metes and bounds as follows: BEGINNING at a point which is .~6~.6g feet North of the South- east corner of 'the Southwest 1/4 of Section 35~ Block JK-2, Hale County, Texas; THENCE North along the East line of the Southwest I/4 of Section ~8, Block Jk~2, 46&.64 feet to a point THENCE West 735 feet to a point; THENCE South ~64.64 feet to a point; THENCE East 735 feet to the PLACE OF BEGINNING; all of which land lies and is situated in Hale County, Texas; and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit~ incgrporate and annex the above described area into the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Sec- tion 4 of the City Charter of the City of Piainview. SECTION ~: It is found, determined and ordered by the City Counc~City oz il of the ° Piainview, Texas~ that said petition in all things be granted and that the above described area be and the same is in all respects incorporated, into and made a part of the City L Limits of the City of Plainview® SECTION 4: It is further determined and ordered by the City Council that the above described area from and after the effective date of this ordinance be subject to the dontro! and jurisdiction of the City of Plainview and subject to taxes and other assessments which may be levied by law from and after January 1~ 1961. PASSED, APPROVED AND ADOPTED this the 5th day of A. D. 1961. Junp , B.. Hoo~ City of~, Texas ATTEST: P. H. Bryan CITY Clerk, ~ity of Piainview~ Texas PETITION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: NOW COME C. B. Jones, Warren Hingst and O. C. Collins, herein re- ferred to as Petitioners and would show to the Honorable Mayor and City Council of the City of Plainview, Texas, as follows: 1. Your Petitioners represent that the following property, to-wit: Being a part of Block JK-2, Hale County, Texas, described as-follows: BEGINNING AT A POINT 1980 feet south and 45 feet~W%st of the North- east corner of Section 27, Block JK-2, Hale County, Texas; said point being in the centerline of an extension af 18th Street and also the Northeast corner of a school tract; THENCE, West 155 feet to-a point; THENCE, North 829.7 feet along a line parallel to the East line of S~ction 27 to a point; THENCE, East 200 feet to a point in the East line of Section 27; THENCE, South 220 feet along the East line of Section 27 to a point zn the North line of Terry Addition, Unit No. 2 to the City of Plain- view, Texas; THENCE, West 45 feet along the north line of said Terry Addition to a point; THENCE, SoUth 609.7 feet along the West line of said Terry Addition and parallel to the East line of Section 27 to the place of beginning; is adjacent to ~nd abutts the present city limits of the City of Plain- view, Texas. 11. Your PetiZioner, C. B. JoneS, says that he is a resident on the above described tract and that he is a duly qualified, property tax paying voter and the other Petitioners hereto represent that they are duly qualified, property tax paying voters, and there are no other persons residing on the above described tract except Petitioner, C. B. Jones. 111. Petitioners repres~mt that said above described tract will be platted into lots and blocks with the streets and alleys laid off therein t° be in all thin~s, in conformity ~th the plans of the City and of the City Planning Co~mission. Your Petitioners would further show that said addition~is accessable to sewer and water and electricity and that said property is suitable for building cites and that it is desirable, expedient and for the best interest of the residents of the City of Plainview that said area be annexed to the City. ~EREFORE, we, the undersigned Petitioners, respectfully petition the Honorable Mayor and the City Council of the City of Plainview,- Texas, that said area, territory and tract of land, above described, be annexed to the City of Plainview and be subject to all of its authority, ordin- ances, powers and governmental functions. WITNESS our hands this 6th day of June, A. D. 1961. C. B. Jones Warren Hingst C. B. Jones Warren R. Hings%' O. C. Collins O. C."Col~ins STATE OF TEXAS CO ~-~ UNI~ OF HALE~ BEFORE M~, the undersigned authority, in andfor said County, Texas, on this day personally appeared C. B. Jones, Warren Hingst, and O. C. Collins, kno~ to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. 'GIVEN UNDER MY HANDAND SEAL OF OFFICE this 16th day of June, A. D. 1961. R. E~...CROSS SEEL NOTARY PUBLIC~ HALE COUNTY, TEXAS ~oved by Alderman Hanna and seconded by Alderman Irby that the petition of C. B. Jones et al be grated and that Ordinance No. 744 be passed. The Motion Carried. ORDINANCE NO. ~,744 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, ~N AREA ADJACENT THERETO AND FINDING AND DETERMIN~ ING THAT A PETITION HAS BEEN DULY SIGNED AND THAT ALL OF THE QUALIFIED, TAX PAYING VOTERS OWNING LAND IN SUCH AREA HAVE F~LED WTTH THE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICITION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: Being a part of Block JK-2, Hale County, Texas, described as fol- BEGINNINGAT A POINT 1980 Feet south and 45 feet west of the North- east corner of Section 27, B~ock JK-2, HaleCounty, Texas; said point being in the centerline of an extension of l~th Street and also the NortheaSt corner of a school tract; THENCE, West 155 feet to a point; THENCE, North 829.~7 feet along a line parallel to the East line of Section 27 to a point; THENCE, East 200 feet to a point in the East line of Section 27; THENCE, South 220 feet along the east line of Section 27 to a point in the North line of Terry Addition, Unit Nol 2 tO the City Of Plainview, Texas; THENCE, W%st 45 feet along the north line of said Terry Addition to a point; THENCE, South 609.7 feet along the West line of said Terry Addition and parallel to the East line of Section ~7 to the place of beginning and W~EREAS, the City Council upon a consideration of said petition has found and determined that ll of the qualified, tax paying voters who reside in such area have signed said petition; and W~EREAS, the City Countil fin~s that all of said area is con- tiguous to the present city limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the City of Plain- view that said area be annexed to the City, NOW THF~EPORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE?J, TEXAS: SECTION l: It is found and determined by the City Council that the following described tract of land, to-wit: Being a part of Block JK-2, Hale ~ounty, Texas, described as follows: BEGINNING AT A POINT 1980 feet south and 45 feet West of the North- east corner of Section 27, Block JK-2, Hale County, Texas; said point being in the centerline of an extension of 18th Street and also the Northeast corner.of a school tract; THENCE, West 155 feet to a point; THENCE, North 829.7 feet along a line parallel to the East line of Section 27 to a point; THENCE, East 200 feet to a point in the east line of Section 27; THENCE, SOuth 220 feet along the EaSt line of Section 27 to a point in the North line of Terry Addition, Unit No. 2 to the City of Plainview, Texas; THENCE, West 45 feet along the north line of said Terry Addition to a point; THENCE, South 609.7 feet along the west line of said Terry Addition and parallel to the East line of Section 27 to the place of begin- ning; and all of which land lying ~nd being situated in Hale County, Texas, is contiguous to the city limits of the City of Plainview, Texas. SECTION 2: It is found and determined that all of the prop- erty t~ paying voters residing iwthin the above described area have execute~ said petition and that all owners having any interest in the land described above have joined in said petition on file with the City Clerk petitioning the City Council to ad~it, incorporate and annex the above described area into the corporate limits of the City of Plainview and that said ~etitiOn is, in all respects, regular and in compliance with the City Charter of the City of Plainview. - SECTION 3: It is found, determined and ordered by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City LimiSs of the City of Plainview. SECTION 4: It is further determined, and ordered by the City Council that the above described area from and after the effective date of this ordinance be subject to the control and jurisdiction of the City of Plainview, and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED this 19th day o~ , 1961. ATTEST: P. H. Bryan PJ H. Bryan, City Clerk City of Plainview, Texas M. B. Hood M.' B.' Hood, Mayor City of Plainview, Texas Moved by Alderman Taylor and seconded by A~derman Stokes that the pet- ition of Grady Tunnell and David Willson be Granted (Thunderbird Add.) be granted and Ordinance No. 745 be passed. The Motion Carried. ORDINANCE NO. 745 AN ORDINANCE ANNEXING ANh INCORPORATING INTO THE CITY ~ ~ JACENT L~iTS OF THE CITY OF PLAINVI.a~, TEXAS, ~N a~EA AD THERETO AND FINDING AND DETERMINING THAT PETITION HAS BEEN DULY SIGNED, AND THAT A MAJORITY 0F'THE RESIDENT, QUALIFIED TAXPAYING VOTERS ~THIN SUCH AREA HAVE FILED WITH THE CiTY CLERK SUCH PETITION REQUESTING SUCH AN- NEXATION AN~ MAKING SAID AREA SUBJECT TO THE JURISDIC- TION OF THE CITY OF PLAINViEW, TEXAS. ~EREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview to annex and admit the following described area ~nd territory into the city 8f Plainview, to-wit: and, BEGINNING at a point which ~ears South 625 feet from the N. E. corner of the S. W. ~ Section 3~, Block JK-2, Hale County, 'Texas; THENCE South 1085.72 feet; THENCE West 735 feet; THENCE South 464.64 feet; THENCE North 20.0 feet to a point of curvature; THENCE in a Northeasterly direction around a cur~e to the rifht with a radius of 1908.42', tangent distance of 320.06' deflection angle of 19~02' ~w, a cord distance of 631.3' to a point of tangency; THENCE N. 19~ 02' 29~ E. a distance of 60 feet; THENCE ~. 70~ 57' 31~ E. a distance of 67.5 feet to a point of curvature; THENCE in a Southeasterly diredtion around ~ curve to the left with a radius of 596.78', a tangent distance of 100.09', a deflection angle of 19~ 02' 29~, a chord distance of 197.~4 feet to a point of tangency; THENCE North a distance of 475.72'to a point of Curvature; THENCE in a Northwesterly direction around a curve to the left with a radius of 570', a tangent distance of 224.77' deflection angle of 43~ 02' ~3~, a chord distance of 41~.20 feet; THENCE N. 46~ 57' 27~ E. a distance of 60 feet; THENCE East a distance of 874.56 feet to the point and place of beginning. ~EREAS, the City Council upon a consideration of said petition has found and tetermined that a majority of the resident, qualified tax- paying voters residing in said area have signed said petition; and, ~WHEREAS, the City Council finds that all of said area is con- tiguous tothe present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: It is found and determined by the City Council that the ~011owing~described tract of land, to-wit: BEGINNING at a point which bears South 625 feet from the N. E. corner of the S. W. ~ Section 38, Block JK-2, Hale County, Texas; THENCE South 1085.72 feet; THENCE %Vest 735 feet; THENCE South 464.64 feet; THENCE North 20.0 feet to a point of curvature; THENCE in a Northeasterly direction around a curve to the right with a radius of 1908.42', tangent distance of 320.06~ deflection angle of 19~ 02' 29~ a chord distance of 631.3' , to a point of tangency; THENCE N. 19~ 02' 29" E. a distance of 60 feet; THENCE S. 70~ 57' 31~ E. a distance of 67,5 feet to a point of curvature; THENCE in a Southeasterly direction around a curve to the left with a radius of 596.78', a tangent distance of 100.09', a deflection angle of 19" o2' 29~ a cord distance of 197.44 , feet to a point of tangency; THENCE North a distance of 475.72'to a point of curvature; THENCE in a Northwesterly direction around a curve to the left iwth a radius of 570', a tangent distance of 224.77' deflection angle of 43~ 02' 33~, a cord distance of 418.20 feet; THENCE N. 46~ 57' 27~ E. a distance of 60 feet; THENCE East a distance of 874.56 feet to the point and place of beginning, all of which land.lies and is situated in Hale County, Texas; and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that a majority of the qualified t'ax~ying voters residing in the ~bove described area have duly signed a petition on file with the City C~erk, petitioning the City Council to admit, inCprporate and annex the above described ar~a into the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance ~th Section 4 of the City Charter of the City of Plainview. SECTION 3: It is found, determined and ordered by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. SECTION 4: It is further determined and ordered by the City Council that the above described area from and after the e~fective date of ~i~o~dinance~hejsubjacttta?the~ontro! and~urisdicti~nhof the City of Plainview and subject to taxes and other assessments w~ich may be levied by law from and after January l, 1961. PASSED, APPROVED AND ADOPTED this the 19th day of June A. D. 1961. M. B. Hood ~yor, City of Plainview, Texas ATTEST: P. H. Bryan City Clerk, City of iPl~in~iew, Texas- 0RDIANACE AUTHORIZING ISSUANCE OE $295,000 "CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM TEVEN~IE BONDS, SERIES 1961, DATED JULY 15, 1961 THE STATE OF TEXAS CITY OF PLAINVIEW C 0UNTY OF HALE ON THIS, the_,~day of July, 1961, the City Council of the City of Plainview, Texas, convened in Regular session, at the regular meeting place thereof in the City Hall, there being present and in .attendance the following members, to-wit: M. B. HOOD, MAYOR W. ~H. IRBY ) C. B. CLINE, JR. ) MAURICE HANNA ) ALVIN STOKES ) ALDERMEN and with the follm~tsga~bs~: George L. Tay~o~ , constitut- ing a quorum: and among proceedings had by s~'~ity Council were the following: - Mayor Hood introduced a proposed ordinance. The ordin- ance was read in full. Alderman Hanna made a motion that any rule requiring ordinances to be read at more than one meeting by suspended. The motion was seconded by Alderman Irb~, and carried bv the following vote,: ~ ~ AYES: Aldermen Irby, Cline, Hanna, and Stokes. NOES: None. Alderman Harn~a made a motion that the ordinance be passed finally. Th~ motion was seconded by Alderman Irby and carried by the following vote: ' AYES: Aldermen Irby, Cllne, Hanna and. Stokes. NOES: None. passed. The Mayor announced that the ordinance had been finally The ORDINANCE is as follows: "AN ORDINANCE by the City Council of the City of Plainview, Texas, authorizing the issuance of $29~,000 'CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS] SERIES 1961', dated July l~, 1961, of which the sum of $70,000 shall be for the purpose or-paying off, refunding and aancelling an equal amount of outstanding indebtedness of the City's combined Waterworks and Sanitary Sewer System, evidenced by $70,000 'City of Plainview, Texas, Waterworks and Sewer System Revenue Bonds, Series-1946', daSed August l~, 1946; and the sum of $22~,000 shall be for the purpose of constructing improvements and extensions to the City's Water- works and Sanitary Sewer System, as authorized by the General Laws of the principal of and interest on said bonds, after deduction of reasonable operation and maintenance expenses, as said expenses are defined by statUte; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency." W~EREAS, the City Council.of the City of Plainview, Texas, deems it advisable and to the best i. nterest of the City and its inhabitants to refund $70,000 "City of Pla~nview, Texas, Water- works and Sewer System Revenue Bonds, Series 1946", dated August 15, 1946, being Bonds Numbered 201 to 270, both inclusive; and, WHEREAS, at an election held in the~City of Plainview, Texas, on June 10, 1961, more than a majority of the duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the s~me for taxation, voting at said election, voted in favor of the issuance of revenue bonds of said City in the amount of $200,000, for the prupose of constructing improvements and extensions to the City's Waterworks System, and $95,000 for the pur- pose of constructing improvements and extensions to the City's Sanitary Sewer System, and it has been determined that only $225,000 of such voted bonds should be issued and sold at this time, the balance of such voted authorization to be issued in accordance with Section 19 of this ordinance, when additional funds are needed for the purpose for which said bonds were voted; and, WHEREAS, this City Council is also of the opinion that the Refund- Bonds and the $225,000 Waterworks and Sewer System Revenue Bonds authorized at said election of June lo, 1961, should be combined into one series of Waterworks and Sewer System Revenue Bonds; therefore, BE IT ORDAINED BY~vTHE~CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION l: AUTHORIZA~TI~N - Principal Amount - Designation. That in order to borrow the said sum of TWO HUNDRED NINETY~ FIVE THOUSAND DOLLARS ($295,000), of which the sum of $70,000 shall be for the purpose of paying off, refunding and cancelling an equal amount of the outstanding indebtedness of the City's Waterworks and Sanitary Sewer System, as evidenced by $70,000 "City of Plainview, Texas Waterworks and Sanitary Sewer System, Eevenue Bonds, Series 1946", dated August 15, 19~a~d the~sum of'$225~000' shall be for the purpose of constructiR~proVements and extensions to the City's Waterworks and Sanitary Sewer System, same being the first parcel or installment out of $295,000 voted authorization, the City Council of the City of PlainvieW, Texas, by virtue of the authority expressly conferred by the resident qualified property taxpaying electors, who owned taxable property in said City, and who has duly rendered the same for taxation, voting at the aforsaid election and pursuant to the General Laws of the State of Texas, particularly Articles llll et se~., Revised Civil Statutes of 1925, as amended, has determined to provide for a series of coupon bonds to be designated "C~ OF PLA!NVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM R~VENUE BONDS, SERIES ~96~~', aggregating the sum of TWO HUNDRED NINETY FIFE THOUSAND DOLLARS ($29~,000), payable as to both principal and interest solely from and secured by a first lien on and~ledge of the reve~es of the City's combined Waterworks and Sanitary Sewer System, after deduction of reasonable op~ra~ion and main- tenance expenses, as said expenses are defined by statute. SECTION 2: Date - NUmbers - Maturity~ Said bonds shall be ~d'a$~drguly l~, 1961; shall be numbered consecutively from One (1) to Two Hundred Ninety-five (295), both inclusive; shall be in denomination_ of One Thousand Dollars ($1,000) each; Zggregating the principal sum of TWO HUNDRED NINETY-FIVE THOUSAND DOLLARS ($295,000); and shall become due and payable serially, without right of prior redemption, on July l~th in each year of the years, in accordance with the following schedule: BOND NUMBERS (All inclusive) MATURITY AMOUNT 1 to 15 1962 $15,000 16 to 30 1963 15,000 31 to 50 196~ 20,000 %1 to 70 1965 20,000 71 to 90 1966 20,000 91 to ll0 1967 20,000 lll to 130 1968 20,000 131 to 150 196,9 20,000 151~to 170 1970 20,000 171 to 190 1971 20,000 BOND NUMBERS ~All inclusive.) MATURITY AMOUNT 191 to 210 1972 $20,000 211 to 230 1973 20,000 231 to 2~0 1974 20,000 251 to 250 197~ 20,000 271 to 295 1976 2~,000 SECTION 3:' Interest. date to maturity at-~ollowing rates per-annum; that is to say- Ca) Bonds N~bered I to 70, bo~h inclusive, at the rate of THREE ~ND ONE-FOURTH PER-CENTUM 1 o er , . ~ (3 /4%) P annum; and (b) Bonms Numbered 71 to 295, bobh inclusive, at the rate of THREE ANO ONE-HALF PER CENTUM (3 1/2%) per annum; such interest to be evidenced by proper coupons 'attached to each of said bonds; ~aud said interest shall b e payable on JuSy 15, 1962, and semi~-annually thereafter on January 15 andJuly 15, in each year. SECTION ~: Place of Payment. Both principal and interest of th~~of bonds shalibe payable in la~u! money of the UniSed States of America, without exchange or~c&lle~tion charges to the o,~er or holder, at the HALE COUNTY STATE BANK, Pla~nvdew, Texas, upon presentation and surrender of bonds or proper coupons. ~ ExecUtion of Bonds and Coupons. That the corporate seal ~~ ~F PLAINVIEW, TEX~S" Shal~ b~ impressed upon each of said bonds,~ and said bonds and the interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shall have the same effect as if such bonds and coupons had been signed by the Mayor andCity Secretary by their manual signa- tures. Inasmuch as such ~bonds are required to be registered by the Comptroller~ of Public Accounts of the State of Texas, only his signature (or that of a deputy designated in writing to act fo~ the Comptroller), shall be required to be manually subscribed to such bonds in connection wi~h his registration certificate to~'appe, ar thereon, as hereinafter provided; all in accordance with the pro- visions of S. B. No. 269, Acts 1961, 57th Legislature, Regular Session. That said bonds shall bear interest ~ SECTION 6: Form of Bonds. be su~ly as follows: That the form of said bonds shall NO. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HALE $i,000 CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BOND, SERIES 1961 The CITY OF PLAINVIEW, A municipal corporation of the State of Texas, acknowledges its&lf indebted to and, FOR VALUE RECEIVED, hereby promises to pay to bearer, without right of prior redemption, the sum of ONE THOUSAND DOLLARS ($1,000), in lawful money of the United States of America, on theFIFTEENTH DAY OF JULY, 19 ,with interest hereon from the date hereof to maturity at the rate---of PER CENTUM (__ %)per annum~ payable .on J~iy 15, 1962, a~dsemi-annually thereafter on~Jauuary 15 and July 15, in each year, and interest falling due on or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL and interest shall be payable at the HALE COUNTY STATE BANK, Plainview,~ Texas, without exchange or collection charges to the owner or holder, and the said City of Plainview~ Texas, is hereby.held and firmly bound to apply the pledged appropriated revenue~ of its combined Waterworks and Sanitary Sewer System to the prompt payment of principal and interest of this bond at maturity, and to pay said principal and interest as they mature. ~ THIS BOND is one of a series of bonds of like tenor and effect, except as to number, interest rate and maturity., affre- gating in amount TWO HUNDRED NINETY_FiVE THOUSAND DOLLARS ($295,000), numbered consecutively from on~ (1) to Two Hundred Ninety-five (295) both inclusive in denom~nat'~ ' · ~ l~ of One Thousand Dollars(S1,000) each, of which the sum of $70,00Oisfor the purpose of paying off, refunding, cancelling and in lieu of a like amount of outstanding indebtedness of the City's Waterworks and Sanitary Sewer System, evidenced by $70,000 "City of Plainview, Texas, Waterworks and Sewer System Revenue Bonds, Series 1946", dated August 15, 1946, and the stun of $225,000 i~ for the purpose of constructing improvements and extensions to the City's Waterworks and Sanitary Sewer System ~being the first parcel or installment out of a $295,000 voted authorization), in accordance with the Constitution and laws of the State of Texas, particularly Articles llll et seq., Revised Civil Statutes of 1925, as amended, and'by suthority of a vote of the qualified property taxpay- lng electors of said City who had duly rendered their property for taxation, Voting at an election held for that purpose within said City on the 10th day of June, 1961, and pursuant to an ordinance passed by the City Council of the City of Plainview, Texas, and duly recorded t~ the Minutes of said City Council. THE DATE of this bond in conformity with the ordinance above mentioned is July 15, 1961. ~' THIS BOND aud the series of which it is a part, is payable solely from and secured by a firstlien on and pledge of the revenues of the City's combined Waterworks and Sanitary Sewer System, aft'er deduction of reasonable expenses of operation and maintenance. THE CITY, however, expressly reserves the right to issue additional bond obligations in all things on a parity' with the bonds of this series, and payable solely from and equally secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System; ~ROVIDED,H0~VER, that any and all such additional bonds may be so issued only in accordance with and subject to the covenants, con- ditions, limitations and ~e~rict'ions relating thereto which are set out and contained in the ordinance authorizing this~series, and to Which. said ordinance reference is hereby made for more complete and full particulars. THE HOLDER hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. EACH HOLDER of this bond, payable to bearer, or of the interest coupons hereto attached, is conclusively presumed to forego and renounce his equities in favor of subsequent holders for value without notice and to agree that, being payable to bearer, this bond and each of the interest coupons attached, may be negotiated by delivery however possession may have been acquired, and that any subsequent holders who may receive this bond or any of the interest coupons attached, for value without notice, has thereby acquired absolute title free from all equities and claims of ownership of any prior holder. The City of Pla~nview, its officers and the paying agent shall nSt be affected by any notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part, is duly authorized by law; that all acts, conditions and things required to exist and to be done precedent to and in the issuance of this bond to render the same lawful and valid, have been properly done, have happened and have been performed in regular and due time, form and manner, as required by the Consitiution and laws of the State of Texas, andthe ordinance hereinabove mentioned, and that this series of revenue bonds does not exceed any constitutional or statu- tory limitations; and that provision has been made for the payment of the principal of and interest on t~is bond and the series of which it is a part, by irrevocably pledging the ~evenues of the combined Waterworks and Sanitary Sewer System of the City of Plain~iew, Texas. IN TESTIMONY WHEREOF, the City Council of the City of Plainview, Texas, has caused the seal of said City to be impressed hereon, and this bond and its appurtenant coupons to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City, in accordance with the provisions of S. B. No. 269, Acts 1961, ~Tth L~g~~e~ Regular Session, as of~ the 15th day of July, 1961. COUNTERSIGNED: Mayor, City of Plainv~ew, Texas City Secretary, City of Plainview, Texas SECTION 7: Coupon Form. The form of said interest coupons--~ha~substantially as follows: NO.__ ON THE FIFTEENTH 'DAY OF __, $_ 19 , the CITY OF PLAINVIEW, a municipal corporation of the State of Texas, hereby promises to pay to bearer, out of funds specified in the bond to which this coupon is attached (without right to demand pa.~ment out of any f~ads raised or to be raised by, taxation), and in lawful money of the United States of Americam without exchange or collection charges to the owner or holder, at the HALE COUNTY STATE BANK, Plainview, Texas, the sum of DOLLARS ($ ), said sum being months' interest due that day on-~ITY OF PLAINVIEW~, TEXAS, WATERWORKS AND SEduCER SYSTEM REVENUE BOND, SERIES 196!", dated July l~, 1961. Bond No. . City sec'retar~ ' Mayor SECTION 8: Form of Comptroller's Certificate. Substantially the following shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE OF TEXAS REGISTER NO. I HEREBY CERTIFY that there is on file and of~:record in my office a certificate of the Attorney General of the State of Texas to the effect that'~this bond has been e.~amined by him as required ~y law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding special obligation of the City of Plainview, Texas payable from the revenues pledged to its payment by and in the ordinance authorizing same, and said bond has this day been regis- tered by me. WITNESS MY HAND AND SEAL OF OFFICE, at Austin, Texas, ~omptroller of Public Accounts of the State of Texas SECTION 9: Definition. For all purposes of this ordin- ance and in particular for clarity with respect to the issuance of the bonds herein authorized and the pledge and appropriation of revenues therefor, the following definitions are provided: (a) The term "System" shall mean the City's combined Waterworks and Sanitary Sewer System, including all present and future extensions, additions, replacements and improvements thereto; (b) The term ~'Net Revenues" shall mean the gross revenues of the System less the espense of operation and maintenance, including all salarieS, labor, materials, repairs and extensions necessary to render efficient service~~ provided,-however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the system in operation and render adequate service to the City and the inhabitants thereof, or such as might b~ necessary to meet some physical accident or condition which would-otherwise impair the Bonds authorized by this Ordinance and the Additional Bonds permitted to be issued under Section 19 hereof, shall-be deducted in determining '~Net Revenues"; (c) The term "Bonds" shall mean the $29~,000 authorized by this Ordins~ce; (d) The term "Additional Bonds" means the Additional bonds which the City reserves the right to issue Under Section 19 hereof. SECTION 10: Pledge. All of the Net Revenues of the combined Waterworks and S~nitary Sewer System, with the exception of those in excess of the amounts required to establish and maintain the funds as hereinafter provided, are hereby irrevocably pledged for the pa.yment of the Bonds, and of the Additional Bonds if i~sued under the conditions and in the manner specified in this Ordinance, and the interest there- on, and it is hereby ordained that the Bonds and the AdditiOnal Bonds if so issued, and the interest thereon, shall constitute a first lien upon said Net Revenues. SECTION ll: Rates and Charges. The City covenanSs and agrees with the holders of the Bonds and of the Additional Bonds if and when issued: (a) That it will at all times Charge and collect for services rendered by the System rates sufficient to pay all operating, maintenance, depreciation, replacement and betterment expense, and other costs deduct- able in determining "Net Revenues" as herein defined and to pa~b~J interest on and principal of the Bonds and to establish and maintain the Funds as hereinafter provided; (b) If the Additional Bonds are issued, or if the System should become leg~llY liable for any other indebtedness, the City will fix and maintain rates and collect charges for the services of the System sufficient to discharge such indebtedness. SECTION 12: Funds. All revenues derived from the operation of the System shall be kept separate from other funds of the City. To that end, the following speciali'~Funds are hereby created: (a) City of Plainview Waterworks and Sewer System Fund, here- inafter called ~'System Fund". This Fund shall be kept in the City's Depositary Bank; (b) City of Plainview Waterworks and Sewer System Revenue Bonds Interest and Sinking Fund, here$~after called "Interest and Sin~ing Fund". This fund shall be de~osited with the HALECOUNTY STATE BANK, Plainview, Texas, as Trustee of the pledged reven~es; (c) City of Plainview Waterworks and Sewer SF~stem Revenue Bonds Reserve Fund, hereinafter called "Reserve Fund". This Fund shall be deposited with the HALE COUNTY STATE BANK, Pla!.nview, Texas, Trustee. SECTION~i3. System Fund. All revenues of every nature received through the operation of the System shall be deposited from day to day as collected, into the System Fund, and the reasonable and proper expenses of operating and maintaining the System, including salaries, labor and materials shall be paid therefrom upon approval of the City Council. The City Treasurer shall not make any disburse- ment from said Fund for repairs in excess of $~00.00 or for'extensions, except pursuant to a resolution adopted by the City Council declaring that it is the judgment of the City Council that such repairs or extens- ions are necessary to keep the plant or system in operation and r~nder adequate service to the City ~ud the inhabitants thereof,.or that such repairs or extensions are necesEary to meet~some physical accident or condition which would otherwise .impair the Bonds, and such resolution,. in either case, shall recite the facts and reasons for such judgment. Certified copies of such resolution shall be furnished without cost to Bondholders requesting the same. Such resolution shall not be binding or conclusive upon any Bondholder. All revenues of the System not actually required to pay expenses and costs incurred aS permitted by this'Section shall be deposited in the other Funds created by this Ordinance, each of which shall have priority thereto in the order in which they are treated in the following sections. SECTION 1~.. Interest and Sinkin~ Fund. Beginning on the 10th day of August, 1961, and on the 10th day of ~ach month thereafter to and including July 10, 1962, the City shall deposit in the Interest and Sinking Fund an amoun't of money not less than one-twelfth of the principal and interest to become due on July l~, 1962; thereafter, commencing on thel0th day of each succeeding month tu~til the bonds are paid and retired, the City shall deposit in said Fund not less than one-sixth of the next semi-annual installment of interest and one- twelfth of the nest annual principal maturity. The amount received from the purchasers of the bonds as interest accrued thereon to the date of delivery, and the proceeds of the bonds found not to be required for the completion of the Waterworks and Sewer System extensions and improvements shall also be placed in the Interest and Sinking Fund, which shall reduce by such amount the s-~ms which would otherwise be required to be placed into the Interest and Sinking Fund from the revenues of the System. SECTION l~. Reserve Fund. On the 10th day of each month beginning AUgust 10~ 1961, there shall be deposited in the Reserve Fund the amount of $420.00. The reserve Fund shall be used to pay principal of or interest on the Bonds falling due at any time when there is not sufficient money available in the Interest and Sinking Fund. No pa~vm~nts need be made into the Reserve Fund after there shall have been accumulated in said fund the sum of ~2~,200., except that when- ever said Reserve Fund is reduced below that amount, payments into the fund shall be resumed and continued ~til such time as the fund has been restored to the sum of $2~,200. Money in the Reserve Fund may be at the option of the City invested in direct obligations of the United States of ~America, having maturities not in excess of ten years from the date of making such inprovement. Any obligations in which money is so2invested shall be kept in escrow in the Hale County State Bank, Plainview, Texas, and shall be promptly sold and the proceeds of sale applied to the making of p~¥ments required to be made.from the Reserve Fund, whenever such payments are necessary to be made under this Section. The deposits into this Fund shall be subordinate to those required to be made into the Interest and Sinking Fund. Whenever Additional BOnds are issued, the a~ount to be accumulated and main- tained in the Reserve Funm shall be increased to an amount not less than the average annual requirements for the payment of principal and interest on the Bonds and the Additional Bonds. SECTION 16: Deficiencies in Funds. If in any month the Cith shall, for any reason, fail to pay into the"Interest and Sinking Fund and Reserve Fund the full sar~ount above st~pulated, amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated revenues of the following month or momths and such payments shall be in addition to the amounts here- inafter provided to be otherwise paid into said Funds during such month or months. SECTION 17: Excess Revenues. Any revenues in excess of'those required t-~--~sta$1ish and maintain the Funds as above required may be used for the redemption of Bonds a.r Additional Bonds, or for any law- ful purpose. SECTION 18: Secu~~ds._ All funds created by this Ordinance shall be secured in the manner and to the fullest extent permitted by the Laws of Texas~ for the security of Public funds, and such f.unds shall be used only for the purposes permitted bv this Ordinance. ~ SECTION 19: Issuance of Additional Parity B~nds. In addition to the ~sue bo~ds of inferior lien as ~uthorized by the Laws of th~s State, the City reserves the right hereafter to issue addition- al bonds. As above stated, the $29~,000 of bonds directed by this ordinance to be issued shall be called "Bonds'~, and bonds hereafter iss- ued on a p~rity therewith shall be called'~Addition~s Bonds". The Add- itional Bonds when~issued shall be secured by and payable from a first lien on and pledge of the net reven~es of the system in the same manner and to the same extent as are the bonds authorized by this ordinance, and the Bonds and the Additional Bonds shall in all respects be of equal dignity. The Additional Bonds may'be ~issued in one or more install- ments. It is provided however that none of the Additional Bonds shall be issued ~uless and until the following conditions have been met: (a) The City is not then in default as to. any covenant, con- dition or obligation prescribed by this Ordinance; (b) That the proposed Additional Bonds shzll have been voted at an election duly calle~ and held for the purpose as provided by law; (c) That the Laws of the State of Texas in force at such time provide permission for the issuance of such bonds; (d) Each of the funds created by this Ordinance contains the amount of money then required to be on deposit therein; (e) The Net Earning's of the System for the preceding fiscal year is.equal to at l~ast one and one-half times the average annual requirements for the payment of principal and interest on the then outstanding Bonds~and on.~.the Additional Bonds, Fas such.Net Earnings are shown by a repOrt by a Certified'pUblic Accountant or a Licensed ~.Public Accountant. The term "Net Earnings'~ as used in this Section 19 shzll ~ean~ the gross revenues after deducting the expense of~ operation sad maintenance, but not deducting expenditures which~ under standard acc- ounting praCtice, should be charged-to capital~expenditures; (f) The Additional Bonds are made to mature July 15th of each of the years in which they are scheduled to mature. SECTION 20. _ : Mainte~eration- InsuranCe. The City shall maintain the System in good condition and operate the same in an efficient manner and at ~easonable cost. So long as any of the bonds are outstanding, the City agrees to maintain insurance for the benefit of the holder or holders of the. bonds, on the System of a kind aud in an amount which usually would be carried by private companies engaged in a similar type of business. Nothing in this oridnance shall be construed as requiring the City to expend any fUnds which are derived from sources ot~er than the operation of the SyStem but nothing herein shall be construed as preventing the City from doing so. SECTION 21: Records - Accounts - Acc0unti~j- R~Lo~ts. The City of Pla~hereby cove~' and agrees that so long as any of the bonds herein authorized or any interest thereon remain outstanding and unpaid, it will keep and maintain a proper and complete s~stem of records and accounts pertaining to the. o~eration of its combined Waterworks and Sanitary Sewer System separate and apart from ali other records and acc- ounts in which complete and correct ~entries shall be made of all trans- actions relating to said System, as Provi6ed by Article lll~, Revised Civil Statutes of Texas, 192~, a~ amended,, and that the holder or hold- ers of any of the bonds or any duly authorized agent or agents of such holders, shall have the right at all reasonable times to inspect all such records, accounts and data relating thereto, and to ~inspect the System and all properties comprising same. The City futher agrees that within sixty (60) days fOllowing the close of each fiscal year, it will cause an audit of such books and accounts to be made by an independent firm o2 Certified Public Accountants or Licensed Public Accountant, showing the receipts and disbursements for account of the System for the fiscal year. Each such audit, in addition to whatever other matters may be thoug~ proper by the Accountant, shall particularly include the following: (a) A detailed statement of~the income and expenditures of the System for suCh fiscal year; (b) A balance sheet as of the end of such fiscal year; (c) The Accountant's comments regarding the manner in which the Cft~ has carried out the requirements of this ordinance and his recomm- endations for any changes or improvements in the operation, records and accounts Of the System; (d) A list of the insurance policies in force at the end of the fiscal-year on the System properties, setting out as to each policy the amount t'hereof, the risk ~overed, the name of the insurer, and the policy's expiration date; (e) A list of the securities which have been on deposit as security for the money in the Special Fund throughout the fiscal year, a list of the securities, if any, in ~hich money in the SysteE Fund has been secured in such fiscal year; (f) The number of properties connected with the .Syste~ and the total income from the System for the year. Expenses incurred in ~aking the audits a~ove referred to are to be regarded as maintenance and operating expenses and paid. as such. Copies of the aforesaid annual audit shall~be immediately furnished to the ExeCUtive Director of the Municipal.~Adv~sory Council of Texas .at his office in Austin, Texas, and to the Original purchasers of the bonds snd any subsequent holder at his'request, At the close of the first Subsequent holder at his request. At the close of the first six months' p~iod of each fiscal year, the City Secretary is-hereby directed to furnish a copy o£ an operating ~and income statement in reasonable detail covering such Period, to any bondholder upon his request therefor, re- ceived~not more than~thirty (30)'~V~s after the close of said~six months'. period. Any bondholder shall hava~t~e right to discuss with the Account- ~.~$~king ~he annual audit the confronts thereof and to ask for such '~i~Ib~l ~fl~'%~o~ ~:~ he may~reasonably require. SECTION 22: · Remedies-in Event-.of. Default. tn ~addition to al'~w the ~ the l~a-~s..of the State of Texas, the City.~.oovenants~ and agrees particularly that ~.n the event the City (a) defaults in payments to be made to the 'Interest and Sdnking Fund and Reserve Fund as required by this ordinance, or (b) defaults in the observance or performance or any other of the covenants, conditions or obligations set forth in this ordinance, the following remedies shall be available: (1) The holder or ~holders' of any of'the bonds shall be entitled to a writ of mandamus issued by a court of proper jur!sa_ctlon' ' ~ ' com- pelling and requiring the City Council and other officers of the City to Observe and perform any covenant, condition or obligation pres- cribed in the bond ordinance. (2) No delay or mmission to exercise any'right or power $ccuring upon any default shall impair any such right or power, or shall be c0nstru~d to be a waiver of any such default or acquiescense therein, and every such right and power may be exercised from t~me to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall hot be deemed to be exclusive. SECTION ~25: S_~ecial Covenants. covenants as follows: The City hereby further (a) That it has the lawful oower to pledge the revenues supporting this issue of bonds and ~as lawfully exercised said power under the Constitution and laws of the State of Texas, including sa~d power existing under A ' - rtlcles 111! to 1118, both inclusive, Revised Civil Statutes of the State of Texas, 192~, w~.th amendments thereto; that the bonds issued hereunder, and the Additional Bonds, when issued, shall be ratably secured onder said pledge of income, in such manner that one bond shall have no preference over any other bond of said issue; (b) The City covenan~ and represents that other than for the payment of the bonds herein authorized, the rents, revenues and income o~+ the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System, other than the pledge made for the payment of the "City of Plainview, Texas, Water- works and S~swer System Revenue Bonds, Series 1946", for which funds are being deposited with the Treasurer of the State of Texas for the payment of principal and interest to become due on such bonds, in accordance with the pr~visions of Article lllSn-~, V.A.T.C.S.; (c)~ That, so long as any of said bonds remain outstanding, the City will not sell or encumber the System or any substantial part thereof, and that, with the exception of the Additional Bonds expressly permitted by this ordinance to be issued, ~t will not enc'~mber the revenues thereof unless such encumbrance is made junior ~ud subordinate to all of the provisions of this ordinance; (d) That no free service of the System shall be allowed, and should the City ~r any of its agents or instrumentalities make use of the services and facilities of the System pa~ent of the reasonable value thereof whall he.made by the City out of funds from sources other than the revenues and income of the System; (e) To the extent that it legally may, the City further coven- ants and agrees that, so long an any of the bonds or Additional Bonds or any interest thereon are outstanding, no franchise shall b e grant- ed for the installation~or operation of any competing waterworks or sewer system, that the City will prohibit the operation of any water system or sewer system other than those owned by the City, and the operation of any such system by anyone other than this City is hereby prohibited. ~: Bonds are Special Obligation~. The bonds are special obligations of the City payable from the pledged revenues, and the holder thereof shall never have the right to demand pay- ment thereof out of funds raised or to be raised by ~axation. have Ghat Records 'and Bonds. Tha y of , and he y authorized to take and have charge of all necessary~ orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the Bonds herein author- i~ed pending their approval by the Attorney General and their registrat- ion by the Comptroller of Public Accounts. SECTION ~6: C~nfiEnat!~_ of Sale_. bonds herein au~rtzed to-- FIRST SOUTHWEST COMPANY Dallas, Texas That the sale of the at the price of par and accrued interest to date delivery, is hereby confirmed. Delivery of saidbonds shall be made to'said purchaser as~ soon as may be~after the adopti6n of this ordinance., upon payment there- for in accordance with th~ terms of sale. · SECTION 27: Emergency. The f~c~ that it is to the best interest of th~ ~ t~-prov~de' funds for paying off, cancelling and refUnding outstanding indebtedness of the City's Waterworks and Sani- tarmy Sewer System, and for the construction of improvements and extens- ions to the Waterworks and Sanitary Sewer System, as hereinabove set out, be~affected at the earliest possible date, constitute and create an emergency and an urgent public necessity, requiring that any rule Pr0- Viding for ordinances to be read'and voted upon at more than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as a~ emergency measure, and such rules and pro- visions are accordingly suspended, and t~s ordinance is passed as an emergency measure, and Shall take ~ud have effect and be in full force from and after its passage. PASSED AND APPROVED, This the 3r~ day of July, 1961. M. B. Hood Mayor,' C'ity of Plain~iew, Texas ATTEST: P. H. Bryan -C y Secre ar~, 'i~y ~-P ~invmew, T~exas (City Seal). APPROV D. Joe'Sharp ~ City Attorney,' Ci%y of ~1~ Texas THE STATE OF TEXAS CITY OF 'PLAINVIEW COUNTY OF HALE CERTIFICATE OF CITY S~CRETA.RY I, the undersigned, City Secretary of the City of Pla~nview, Texas, DO HEREBY CERTIFY that the above ~and forg6$~g is'a true and correct copy of an ordinance aUthorizing the issuance of $295,000 ~"CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWEH~SYSTEM REVENUE BONDS, SERIES 1961", dated' July 15, 1961 (and Minutes pertaining to its adoption), passed by the City City Council, and .which ordinance is of recor~~n Book 12 , page 33_~L_et seq., of the Minutes of ~said,.C,ity Council. ~ ~ ~. .... IN WITNESS WHEREOF, I have hereunto signed my nme offic- cialiy and'affixed the seal of said City, this the 3rd day of July, 1961. (City Seal) ity Secretary, City of Plainview, Texas AN ORDINANCE AUTHORIZING ISSUANCE OF NOTICE OF REDEMPTION IN REGARD TO CERTAIN BONDS ISSUED BY THE CITY OF PLAINVIEW AND PROVIDING FOR COMPLIANCE WITH THE PROVISIONS OF ARTICLE lll8n-~,V.A.T.CnS. TtJLE STATE OF TEXAS CITY OF PLAINVIEW COUNTY OF HALE ON THIS the 3tH day of July, 1961, the City Council of the City of Plainview, Tex~s, convened in Regular session, at the regular meeting place thereof in the City Hall, there being present and in attendance the following members, to-wit: M. B. HOOD MAYOR C. B. CLINE, JR. ) W. H. !RBY ) MAURI CE HANNA ) ALVIN STOKES ) ALDERMEN and with the following absent: George TaMlor con- stituting a quortun; and among ~ther proceedings had by said City Council were the following: I~YOR HOOD introduced a proposed ordinance. read in full.. The ordinance was Alderman Clinemade a motion that any rule requiring ordinances to be read at ~han one meeting be suspended. The motion was seconded by Alderman~and carried by the following vote: AYES: Aldermen Cline, Irby, Hanna and Stokes NOES: None~ Alderman Cline made a motion that the ordinance be passed finally. The ~was seconded by Alderman~,aud carried by the following vote: .&.YES: NOES: Aldermen Cline, Irby, Hanna and Stokes None The Mayor announced that the ordinance had been finally passed. The 0RD!NANCm is a follows: "AN ORDINANCE fixing a date for the redemption of outstanding bonds of the Cith which are secured by a pledge of the revenues of the Waterworks and Sanitary .Sewer System; directing the giving of notice thereof and prescribing the form of notice; provid- ing for the deposit of money with the Treasurer of the State of ~exas in accordance with Article lll8n-~, V.A.T.C.S., for the purpose of paying all Ou6standing bonds so secured and the interest thereon to their respective maturity or the date fix- ed for redemption; enacting provisions incident and related to the subject; and declaring an emergency." ......... WHEREAS, the.-City of Plainview, Texas has certain bonds out- standing, the payment of which is secured by a pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System, being "City of Plainview, Texas, Waterworks and Sewer System Revenue Bonds, Series 1946", dated August 15, 1946, and it is to the best interest of the City to provide for the retirement of a portion of said bonds and to refund the balance thereof in accordance with the pro- visiOns of applicable laws; and ~EREAS, the ordinance authorizing the issuance of such out- ~tanding bonds reads in part as follows: '"SECTION 2: .That the said bonds shall be dated August 15, 19~6; shall be numbered consecutively from One (1) to Two Hundred Seventy-five (275), both inclusive; shall be in the denomination of One Thousand Dollars ($1,000) each; shall bear interest as hereinafter set forth; and shall become due and payable serially in accordance w~th the following schedule: BOND'lqIIMBERS (All Inclusive) MATURITY DATES AMOUNTS i to 13 August 15, 1947 $ 13,000 14 to 26 August 15, 1948 13,000 27 to 39 August 15, 1949 13,000 40 to ~2 '~ugust 15, 1950 13,000 53 to 65 August 15, 1951 13,000 66 to 78 August 15, 1952 13,000 79 to 91 August 15, 1953 13,000 92 to 104 August 15, 1954 13,000 105 to ll7 August 15, 1955 13,000 ll8 to 130 August~15, 1956 13,000 131 to 14~ August 15, 1957 14,000 145 to August 15, 1958 14,000 159 to 172 AugUst 15, 1959 14,000- 173 to 186 August 15, 1960 14,000 187 to 200 August 15, 1961 14,000 201 to 215 August 15, 1962 15,000 216 to 230 August 15, 1963 15,000 231 to 245 August 15, 1964 15,000 246 to 260 August 15, 1965 15,000 261 to 275 August 15, 1966 ' 15,000 "PROVIDED, HOWEVER, That the City reserves the right to redeem Bonds Numbers 131 to 275,~both inclusive (maturing on August 15, 1957, to 1966, inclusive) in whole or in part, on August 15, 1956, or on any interest payment date thereafter, at par and accrued interest and a premituu as hereinafEer stated; PROVIDED, FURTHER, that if less than all of said bonds are redeemed on any of such redemption dates, same shall be redeemed in inverse numerical order; PROVIDED, FURTHER, that at least thirty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed, notice of redemption, signed by the City Secretary (specifying the serial numbers and amounts of bonds to be redeemed) shall be published once in ~a newspaper of general circu- lation in the State of Texas, and shall have been filed with the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas ~the paying agent named in each of said bonds), and should any bond or bonds not be presented for redemption pursuant to such notice the same shall cease ~o bear interest from and after the date so fixed for redemption; and PROVIDED; FURTHER, That in the event any of said bonds Numbers 131 to 275, inclusive, are called in for redemption ~as herein stated, the City shall pay the holder or holders thereof par and accrued interest and a premium, the prices at whiCh said bonds Numbers 131 to 275, inclusive, may be redeemed, including premiums and dates of redemptiOn, being as follows, to-wit: Par and accrued interest plus a premium Of 2-1/2% if redeemed on August 15, 1956, or on FebrUary 15, 1957; 2% if redeemed on August 15, 1957, or on February 15, 1958; 1-1/2% if redeemed on August 15, 1958, or on February 15, 1959; 1% if redeemed on August 15, 1959, or on February 15, 1960; 1/2 of 1% if redeemed on August 15, 1960, or on February 15, 1961; and thereafter at par and accrued interest, without premium. "SECTION 3: That-the said bonds shall bear interest from date until paid at the rate of TWO PER CENTUM (2%) per annum, such interest to be evidenced by proper coupons attached to each of said bonds; and such interest to be oayable semi-annually on February l~th and August 15th in each year, the first interest payment date to be February 15, 1947." AND WHEREAS, each of the bonds issued and delivered pursuant to the aforesaid ordinance has printed therein the provision hereinabove quoted with reference to the right to redeem bonds prior to their stated maturity and 'each of said bonds further provides that the bonds and interest thereon are payable at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas; and WHEREAS, Bonds Numbered 271 to 275, of the series hereinabove described have heretofore been paid off, retired, and cancelled by ~the City of Plainview, Texas, and are no longer outstanding; now therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That the 15th day of August, 1961, is hereby fixed for rede~g bo~ds Numbered 201 to 270, both inclusive, of the "CITY OF PLAINViEW, TEXAS, WATERWORKS AND S~^~R STSTEM REVENUE BONDS, SERIES 1946", dated August 15, 1946, hereinabove described. SECTION 2: The City Secretary of said City is hereby authorized and directe---~ssue and mail notice in writing to the?.~MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, to the effect that said bonds have been called for redemption, which notice shall be mailed so as to be received by said Bank a full ~h~hhy days prior to the date set for redemption, and the City Secretary is further authorized and directed to publish such notice in the DALLAS TIMES HERALD, a newspaper of general circulation in the State of Texas, the date of such publica- tion to be not less than thirty days prior to the ~ate hereby fixed for redemption. ~ SECTION 3: That all of the bonds hereinabove described shall be presen-n--~r redemption at the Mercantile National Bank at Dallas, Dallas, Texas, and shall not bear interest after August 15, 1961. SECTION 4: That the notice of redemption to be issued by the City Secret~y shall be substantially in the following forca: NOTICE OF REDEMPT~0N NOT_CE IS HEREBY GIVEN that the City of Plainview, Texas, through its City Counc~il, has called in for redemption on August 15, 1961, the following bonds of said City, to-wit: $70,000~'CITY OF PLAINVIEW, TEXAS, WATERWORKS AND .~SE~ER SYSTEM REVENUE BONDS, SERIES 1946", dated August 15, 1946, being Numbers 201 to 270, maturing on August 15th in each of the years 1962 to 1966, all in denomination of $1,000 and bearing interest at the rate of 2% per annura, such interest being payable on February l%th ~ud August 15th in each year being redeemable at the option of the City on August 15, 1956, or on any interest payment date thereafter, ar par and accrued interest. In the event said bonds, or any of them, are not presented for redemption at the F~RCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, by August 15, 1961, they shall cease to bear interest from that date. ~ TNESS MY HADN AND SEAL OF SAID CITY OF PLAINVI~4, TEXAS- this the 3rd day of July, .1961. P. H. BRYAN P. H. B~yan, City Secret~ry, City of ?lainview, Texas SECTION 5: That proof of the issuance of such notice shall be made by the City Secretary by-his certificate to that effect, which Oertificate shall be recorded in the Minutes of this City Council. SECTION 6: That in accordance with the provisions of Article lllSn-5,V.A.T,C.S., The City Treasurer of the City of Plainview is hereby ordered, authorized and directed to deposit with the Treas- urer of the State of Texas, Austin, Texas, the sum of $84,972.05~ said sum being sufficient to pay the principal and interest on th~m~2 outstmding revenue bonds hereinabove described to their ~espective maturity or to the date fixed for redemption, as well aa the fees of the Treasurer of the state of Texas and the charges of the pay- ing agent for its services in paying the principal and interest on such bonds, as follows: (a) PrincfPaI amount of city ?~Pl. ainview, Texas, Waterworks and seWer system Revenue Bonds, Series 195~, being: Bonds Numbered 187 to 200, both inclu- sive-- me Amount scheduled to mature August 'l~, 196I ............................ -$14,000.00 Bonds NUmbered ~to 260, both inclusive, called for redemption on August 15, 1961 ............. 70,0@0.00 (b) Interest due August 15, 1961, on bonds Numbered 187 to 270, both inclusive, hereinabove des~robed ............ 840, o0 (c) Fees due State Treasurer-- 1/20 of 1% o'f principal amount of bonds ($84,000) 1/8 of 1% of interest to accrue 42. O0 l.O (a) Charges of Mercantile Bank at Dallas, Dallas, Texas, for services in paying principal and interest due on August l~, 1961 89.od Total ........ 84,972.05 SECTION 7: Of the amount to be deposited with the Treasurer of the State'of Texas, as provided in the preceding Section, the sum of $14,972.0~ shall forthwith be forwarded and deposited with such officer and the sum of $70,000 ~hall be deposited with such officer upon t'he receipt of the proceeds from the sale of bonds Numbered I to 70, in the principal amount of $70,000, of the City of Plainview, Texas, Waterworks and Sewer System Revenue Bonds, Series 1961, dated July l~, 1961. SECTION $: The City Treasurer shall instruct the Treasurer of the--SSate of Texas, as agent of the City Treas- urer, to forward the sum of $84,929.00 to the Mercantile National Bank at Dallas,.~Dallas, Texas, in compliance with the provisions of ArtiCle lllSn-5~V.A,T.C.S. SECTION (~) AND BE IT FURTHER ORDAINED BY THE CITY COUNCZL OF THE CITY OF PLAINVIEW: That the public importance of this measure and the fact that it is to be the best interest of the City to provide for the refunding and cancellation of the outstanding bonds hereinabove deacribed, at the earliest possible date, constitute and create an emergency and an urgent pubiic~necssity, requiring that any rule providing for ordinances to be read and voted upon at more than one meeting o~ the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules and privisions are accordingly suspended and this ordinance is passed as an emergency measure and shall take and have effect and be in full force from and after its passage. PASSED AND APPROVED this the ~rd day of July, 1961. M. B. HOOD ~ayo~, ~ity 0f Plainview, Texas ATTEST: APPROVED AS TO FO~ P. H. BRYAN JOE SHARP ~ ~creta~y, City of ~w, Texas --~o~n-~y, ~Yo~P~hview Texas Moved by Alderman Hanna and seconded by Alderman C!ine that the ing Code be amended Section 308 by Ordinance No. 749. The Motion Carried. pROINANCE NO. 748 AN 9RDINANCE MENDING THE BUILDING CODE OF~THE CITY OF PLAINVIEW BY ADD%NG THERETO SECTION 307 PROVIDING THAT NO BUILDING ~R STRUCTURE SHALL BEMOVED INTO THE CITY LIMITS OF THE CITY OFPLAINVIEW FROM OUTSIDE THE CiTY LIMITS OF THE CITY OF PLAINVIEW WITHOUT A BUILDING PEMIT IS FIRST OBTAINED FOR EACH SUCH BUILDING OR STRUCTURE; M~END- ING SECTION 3 of ORDINANCE NO. 725 BY ADDING TO SAID S~CTION~ 3 THERE- OF A PARAGRAPH TO BE KNOWN AS PARAGRAPH (c); SE~TING OUT AND PRE- SCRIBING AN INSPECTION FEE FOR THE iNSPECTION OF BUILDINGS OR STRUC- TURES LOCATED OUTSIDE THE CITY LI~¢ITS OF THECITY OF PLAiNVIEW PUR- SUANT TO BEING MOVED INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW; AND PROVIDING THAT THE PENALTY HERETOFORE APPLICABLE TO THE VIOLATION OF SAID BUILDING CODE SHALL APPLY TO THE BIOLATION OF THIS ~4~NDM~NTW -~ TO SAID BUILDING CODE. BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~V, TEXAS: Secbion l: The Building Code of the City of Plainviewhame~ofore adopted by Ordinance No. 725 of the said City of Plainview is hereby amended by adding thereto a section to be known as Section 307, to read as followw: ~Section 307: No person or persons shall hereafter move any building or stru6~ure from outside the city limits of the City of Plainview, Texas, to any place within the city limits of the City of Plainview, Texas, or cause the same to be done, without first obtain- ing a separate building permit for each building or structure from the Building Official of the City of Plainview." Section 2: Section 3 of Ordinance No. 725 of the City of Plainvi~w is hereby amended by adding thereto a paragraph which shall be known as Paragraph (c) of said Section 3, and which is as follows: "(c) ~=nenever any person or persons shall file an application for a building permit for a building or structure which is to be moved from outside the ciby limits of the City of Plainview to a place inside the city limits, the said person shall de- posit with the Building Official a sum of money equal to ten cents (10¢) per mile for each mile necessary to travel from the City Limits of Plainview to the building and return to the city limits of the City of Plainview, plus a sum of money equal to the sum of Three and No/lO0 Dollars ($3.00) per hour based upon the Building Official's estimated time required to make the inspection and in traveling to said building and returning to the city limits of the City of Plainview. Said d~posit shall immediately become the property of the City of Plainview and is to pay for the ext~ra expense in inspecting said building and shall not be returned to the person makin~ application regardless of whether or not the building permit is mssued. Such payment shall be in addition to the regular fees required for issuing a building permit as set out and prescribed in Table No. 3-A of Section 3 of Ordinance Noj 725.~ Section ~: The Building Official may designate a competent deouty to make such inspection for him, who shall, in such evsnt, be paid'the sum of 1~$ per mile for travel outside the City limits of the City of Plainview in making the inspection plus the amount of $3.00 per hour for each hour of time necessary to make the inspection and travel from the city limits of the City of Plainview to said place where the build- or structure to be inspected is located and return to the city limits of the City of Plainview. Section~: Any person or persons who shall violate this ordinance or any section, provision, requirement of part thereof shall be punish- ed as provided.in Section 2 of Ordinance-No. 725 of the City of Plain- view. PASSED AND APPROVED this 7th day of August, A.D., 1961. ATTEST: M. B. HOOD ~YOR P. H. BRYAN Mo~ed by Alderman Hanna and seconded by Alderman Cline that the Building Code be amended Section 308 by Ordinance No. 749. The Motion Carried. OR0!N NSE NO. ?49 AE SRRINANCE ~ENDING THE BUiLDiNG CODE OF THE CITY OF PLAiNVIEW BY ADDING THERETO SECTION 308 REQUIRING THAT ALL PERSONS WHO SHALL HEREAFTER MOVE ~Y BUILDING, HOUSE OR STRUCTURE WITHIN THE LIMITS OF THE,CITY OF PLAINViEW, TEEAS, WHERE THE S~ME IS TO BE MOVED,IN, THROUGH OR UPON ANY OF THE STREETS OR ALLEYS OF THE CITY OF PLAINVIEW, MUST SECURE A P~MIT TO DO SO FROM THE BUILDING OFFICIAL OF THE CITY OF PLAINVIEW: AND PRO- VIDING THAT THE PENALTY HERETOFORE APPLICABLE TO THm VIOLATION OF SAID BUILDING CODE SHALL ~PLY TO THE VIOLATION OF THEI ORDINANCE A~iENDING THE SAID BUILDING CODE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIm~, TEXAS: Section 1: The Building Code of the City of Plainview as hereto- fore adopted by Ordinance Noi 725 of the City of Ptainview, is here- by amended by adding thereto a section to be known as Sedtion 308, which said section shall read as follows: "Section 3~.: (a) No person or persons shall hereafter move any building, house or structure within the limits of the City of Plainview, Texas, where the same shall be moved in, through or upon the streets, alleys, avenues or public grounds-unless said person shall, beforemoving said building, house or structure secure a permit to do so from the Building Official of the City of Plainview. (b) ~ere the building, house or structure is to be moved to a place within the city limits of the City of Plain- vie~, a permit to'move said building, house or structure through or upon the streets, alleys, avenues or public grounds of the City of Plainview as required by the above subsection (a) shall not be issued unless and until a building permit as required by the Building Code of the City of Plainview has been issued and granted." Section 2~ Any person or persons who shall violate this ordinance or any section~ prov~szon, requirements or part thereof shall be punish- ed as provided in Section 2 of Ordinance .No. 725 of the City of Plain- view. PASSED AND APPROVED this 7th day of August, A. D., 1961, Attest: P. H. B~yan City Clerk M. B. Hood Mayor AFFIDAVIT OF PUBLISHER THE~ STATE', OF TEXAS~ Co6nty of Hale. Before me, the undersigned authority, on this day persoRally appeared ............. H.-..$... Hi.%b~ ........................ known to me to be the publisher of the Plainview Herald, a newspaper c~f general circulation pt~blished in Plainview, Hale Co,uniy; said, n~ewspaper ,has been continuc>usly ~nd regu- larly ~ub,liShe,~ in said County for a peascod ~f more ~th. an one year; wl~o on oa~h deposes and says ,,l~at a copy of lhe within .................... ........ 0rdinance..Ma~..7~. ................................. ............ ..4~~..~h.e...~.,ail.d. ~...~.~... Docket No ............................. was published once each week in t.he Plainview .................................... ~ ,~-'- .~...-~...~.~- .~.~ .~. ........................................... in its issues Of ....... ~.. Aut~mt....ll ,..and .................... ....... ~...la, ...................................................... and the attached clipping is a true copy of Said publication. , ~ Publisher, -- l~lainview, Texas ..... ~...$-1~..~..~.~ 19...~.~ Sworn to and subscribed before me, ~is '.....~t ................ ~ay of .~~ ................. Nota~ Public, Hale ~ty, Texas. Pub~sher's ~ee $._..8~..~. .... AFFIDAVIT OF PUBLISHER THt~ ~T~T~ OF TEXAS, County of Hale. Before me, the undersigned,, .authority, on this day personally appeared ............... ~.....~.*....~.."....~.~ known to me to .be the publisher of the Plainview Herald, a newspape~ of ge`nePal circul.~tion p~blished .in Plainview, Hale County; said newspaper ,has been co,ntinuo~sly ,and ragu- larly p.ub~i~he,d in said County fo,r a period of mare than one yea~; who on o,a,th de,poses and says ,f~t a c~py c~ the within .................... Docket No ............................ was published Once each week in the Plainview .................................... . ])~... JI~F.S~4 .......................................... in its issues of ..... A~t...'J ~...~[ld ............................. ......... Amguat...18,.. 1~61 ...................................... and the attached clipping is a true copy of said ' ' . ........ Publisher, P~a~view, Tex~s, ......... ~.'..~ ................ 19.~1,. Sworn to and subscribed before me, this ...... lS.~ ............... day oZ .....$.el~mmb. e~ ............. A, D., 19 ..~..~. ,~ ,~ ~ ~ Notary Public, Hale County, Texas. Publisher's Fee $.~2~,.0~ ......... AFFIDAVIT OF PUBLISHER THE', ~TAT~ OF TEXAS~ County of Hale. Before me, the undersigned authority, on this day personally appeared ........... lt,...~ ,... JJ,.i.]~lll~ ....................... known to me to be the publisher of the Plainview Herald, a newspaper ~af general e'~rcu~ation published in P1ainview, Hale County; said newspaper ,has been continu~o,usly ~d regu- larly publiShed in said C~anty for a period ~f mare tl~an one year; who on ~hh depose6 and says ,fah~t a copy of the, within .................... .... Ord~...~$..~o.....'/.~.~ ..................................... ......... ...... Docket No ......................... :.. was published once each week in the Plainview .................................... .... . .~. ~... ~..~...~.~d. ........................................ in its issues of ...~l~ls.~..~j...l~ld..~.t...]~, and the attached clipping is a true copy of said publication. ~~ Publisher, 1~I' ~ainview, Texas ...... .~.~...1 .......... 19.~.],. Sworn to and subscribed before me, this .... 'J~.~ .................. day ~f .i.~'J~.llll~.~[' ................ Publisher's Fee $.~.*...~. ........ PETITION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Comes now Joe E Webb et ux Joy Webb and would show to the Honorable City Council of the City of Plainview, Texas as follows: Your Petitioners whose signatures are affixed hereto, are the owners of the following described tract of land lying adjacent to the City of Plainview, Hale County, Texas, which tract of land is described by metes and bounds as follows: A tract of land out of Section 35, Block JK-2 Hale County, Texas described by metes and bounds as follows: BEGINNING at a point 175 feet east of the SW corner of the east half of the Southwest Quarter of the Southeast Quarter of Section No. 35, Block JK-2, Hale County, Texas; THENCE North 2?9,0 feet to a steel rod; THENCE South ~8'~7" East 175.7 feet to a~eel rod; THENCE SoUth 73~ 06" East 44.7 feet to a steel rod; THENCE South 150.2 feet to a point; THENCE %~[est 175 feet to place of beginning and containing 0.68 acres. 11. Petitioners hereby represent to the Honorable City Council of the City of Piainview, Texas, that they are all of the tax paying, qualified voters residing in said tract of land andthe territory hereinabove described and that tract of land lies adjacent to the present city limits of the City of P!ainview, Texas~ 111. Petitioners further represent to the Honorable City Council that all of said land and property is s~itabte for building, and that it is desi~able~ expedient and for the best interest of the resLdents of said area and to the City of Plainview that such area be annexed to said City. WH~EFORE, we the undersigned petitioners, respectfully petition the Honorable City Council of the City of Plainview, 'Texas that the said area, territory and tract of and above-de- scribed be annexed to the Cityof Piainview and be subject to all of its authority, ordinances, ~owers and governmental functions. JOY WEBB ORDINANCE NO. 750 AN ORDINANCE ANNEXING AND INCORPORATING iNTO THE CiTY L~.~IITS OF THE CITY OF PLAINVIE?f, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETE~{INING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A HAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS WITH- iN SUCH A~EA HAVE FILED WITH THE CITY CL~K SgCH PETITIONS REQUEST ING SUCH ANNEXATION AND }~KING SAID AREA SUBJECT TO THE JURISDiC- TION OF THE CITY OF PLAINVIEW, TEXAS. ~.m~.m~_~, a petition has been signed and filed with one Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview to annex and a~Lmit the following described area and territory into the City of P!ainview, Texas, to-wit: and BEGINNING at a point 175 feet east of the SW corner of the east half of the Southwest Quarter of the Southeast Quarter of Section No. ~5, Block JK-2, Hale County, Texas. THENCE North 279.0 feet to a steel rod; THENCE South ~8~7" East 175.7 feet to a steel rod; THENCE South 73'06" East g~.7 feet to a steel rod; THENCE South 150.2 feet to a point; THENCE West 175 feet to place of beginning and containing 1.68 acres. WHEREAS, the City ouncmi u~on a consideration of said ~etition,. has found and determined that a ,~ority of the resident qualified taxpaying voters residing in said area have signed said petition; and ~fHEREAS,, the City Council ffinds_'~thats~Ii?~ofi, said,~ar~e&dis~ oSnt~E~ous to~_:tt~e.present<'iCity' L'im~t~s: of 2he~:~Oity~:?fz~Plainview, 2nd that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview, NOW'iTHEREFOIIE BE IT O~DAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW~ TEEAS: SECTION 1: It is found and determined by the City Council that the following described tract of land, to-wit: A tract of land out of Section 35, Block Jk~2, Hale County, Texas described by metes and bounds as follows: BEGINNING at a point 175 feet east of the SW corner of the east half of the Southwest Quarter of the Southeast Quarter of Section No. 35~ Block Jk-2, Hale County, Texas; THENCE North 279.0 feet to a steel rod; THENCE South ~' ~7~ East 175.7 feet to a steel rod; THin, CE Sout~ 73' 06~ East ~.7 feet to a steel rod; THENCE South 150.2 feet to a point; THENCE West 175 feet to place of beginning and containing 0.6~ Acres. and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City 8f Plainview, Texas. SECTION 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City C~erk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of P!ainview, Texas, and that said .petition is in all respects regular and in compliance with Section ~ of the City Charter of the City of Plainview. SECTION 3: It is found, determined ~and ordered by the City Counci~- of the City of'Plainview, Texas, that said petition in all thin~s be granted and that the above described area be and the same is in'~ali respects incorporated into and made a part of the City Limits of the City of Plainv~ew. SECTION ~: It is further determined and ordered by the City Council that the above described area from and after the e~fective date of this ordinance be subject to the control and jurisdiction of t~e City of Plainview and subject to taxes and other assessments which may be levied by law from and after January 1, 1961. PASSED, APPROVED AND ADOPTED, this ~th. day of S~tember , 1961. M. B. HOOD M. B. HOOD ~ CITY OF PLAINVIEW, TE](AS ATTEST: PAUL BRUAN ~A~L 'BRYAN, CITY CLERK CITY OF PLAiNViEW, TEXAS Moved by Alderman Ctine and seconded b~ Alderman Stokes that Ordinance No. 750 ( Annexation of Territory) be passed.= The Motion Carried'. A petition was read asking to bring part o~ section 38 Bloc~ J~K 2, into the City Limits, signed by Graddy Tunnell and David R. Willson, It was moved by Alderman Hanna and seconded by Alderman Cline that the petition be granted and Ordinance No. 751 be passed bringing the area as described in the petition into the City. The Motion Carried. ORDINANCE NO. _ 751 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEX~S, AN AREA ADJACENT THZRETO AND FINDING AND DETERMINING THAT PETITION HAS BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REQUESTING SUCH NNEIATiON AND MAKING SAID'AREA SUBJECT TO THE JURISDIC- TION OF THE CITY OF PLAINVIEW, TEXAS WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Council of the ~ity of Plainview to annex and admit the following described area and territory into the City of Plainview, to-wit: BEGINNING at a point whidh bears 2175.36 feet south and 1337.5 feet West of the Northeast corner of the South; west One-Fourth of Section No. 38, Block JK-2, Hale Couty, Texas; THENCE North 6~9.64 feet; TH~CE West 522.5 feet; THENCE North 320 feet; THENCE East 162 feet; THENCE North 64" East 382 feet; THENCE South 26" East 283.13 feet to the PC of a curve to the left; THENCE -~ around a curve to the left a distance of 283.82 feet; said curve'having a delta angle of 4&" 57" 31', a tangent of 149.63 feet and a radius fo 361.61 feet; THENCE South 19" 02" 29~ West 60 feet to the PC of a curve to the left;' THENCE around a curve to the left a chord distance of 361.3 feet; said curve having a ~eltaaangle of 19" 02" 29', a tangent of 320,06 feet and a radius of 1908.&2 feet; THENCE South 20 feet; THENCE West 190 feet to the PLACE OF BEGINNING, and being the same property identified as Unit 2, Thunderbird Addition to the Town of Plainview, Hale County, Texas, as shown by the plat recorded in Volume . , Page , Deed Records, Hale County, Texas. and, .WHEREAS, the City Counc~t Boon a consideration of said petition, has found and de%ermined that a majority of the resident, qualified taxpaying voters residing in said area have signed said petition; and, WHEREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Pla~nview, and that it is desirable, expedient and for the best interest for · the residents of said area and for the City of Ptainview that said area be annexed to the City of Ptainview. NOW, THEREFORE, ~ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: It is foUnd and determined by the City Council that the following described tract of land, to-wit: BEGINNING at a point which bears 2175.36 feet south and 1337.5 feet W%st of the Northeast corner of the South- west One-Fourth of Section No. 38, Block JK-2, Hale Co. Texas; THENCE North 649.64 feet; THENCE %~est 522.5 feet; THENCE North 320 feet; THENCE East 162 feet; THENCE No,th 64" East 382 feet; THENCE South 26~ East 28~.13 feet to the PC of a curve to the Ieft; THENCE around a~Cdfve to the left a distance of 283.82 feet, said curve having a delta angle of 44" 57" 31'a a tangent of 149.63 feet and a radihs of 361.61 feet; THENCE South 19" 02" 29' West 60 feet to the PC of a curve to the left; THENCE around a curve to the left a chord distance of 361.3 feet said curve having a delta angle of 19" 02" 29', a tangent of 320.06 feet and a radius of 1908.42 feet; THENCE South 20 feet; THENCE West 190 feet to the PLACE OF BEGINNING, and being the same property indentified as Unit 2, Thunder- bird Addition to the Towm of Plainview, Hale County, Texas, as shown by the plat recorded in Volume , Page Deed Records, Hale County, Texas; all of which land lies and is situated in Hale County, Texas; and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the C~ty Clerk, petition- ing the City Council to admit, incor~te and annex the above describ- ed area into the corporate limits of the City of Plainview, Texas, and that area said petition is in all respects regular and in com- pliance with Section 4 of the City Charter of the City of Plainview. SECTION ~: It is found, determined and ordered.~y the City Council of the City of Blainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. SECTION 4: It ~s further determined and ordered by the City ~OunCil tlhat tne above described area from and after the effective date of this ordinance be subject to the control and juris- diction of the City of Plainview and subject to taxes and other ass- essments which may be levied by law from and after January 1, 1961. September PASSED, APPROVED AND ADOPTED this the 18th u.., 1961. day of ATTEST: ~B. Hood M~YOR, CITY OF PLAINVIEW P. H. BRYAN c-~T~--~L~RK, 'CITY OF PLAINVIEW ORDINANCE NO. .. 752~ ~AN ORDINANCE AMENDING SECTION 22, CHAPTER v, OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957'~, AS Ai~NDED BY ORDINANCE NO 732, DATED SEPTEMBER 19, 1960; SETTING THE RATE TO-BE CP~ARGED FOR THE C~OLLECTION OF GARBAGE, PROVIDING T~ MANNER OF COLLECTION OF THE SAID CHARGES; AND CLASSIFYING 0~*FAMILY RESIDENCES AND APART'~. MENT HOUSES WITH TWO OR MORE FAMILY APARTmeNTS. BE IT ORDAINED BY T~E CITY COUNCIL 0F TB~ CiTY OF PLAIi~-VIEW, TEXAS: SECTI0~i: Section 22 of Chapter 7 of ~!The Code of the City of Plai'nview, Texas 1957", as amended by Ordinance No. 732 dated the 19th day of September, 19~0, is hereby amended to hereafter read as follows: t. The collection and removal of garbage and trash from houses, buildings and premises used for residential purposes shall be classified as Class I. 2. One collection shall be made each week of garbage and trash under Class I, provided that such collections are not prevented by weather conditions or by the conditions of alleys and streets due to rain or weather conditions, and further provided that such collection is not prevented by conditions beyond the control of the City Council or the Mayor of the City of Plainview. Residential houses are hereby further classified as follows: Class I-A. Class I-B. One-family residences. Apartment houses with two or more family a~artments. ~. The garbage collection provided for in this section shall be made by the City of Plainview, and monthly chaEges for this resi- dential service shall be made as follows: For garbage collection for Class I-A residences there shall be made a charge of 50 cents per month. For garbage collection for Class i~B residences t~ere shall be made a charge of ~0 cents per month for each apartment for the first five apartments and 75 cents for each additional apartment.~ ~. These charges-~shall be made monthly, and the charges and fees for the collection of garbage shall be added to and placed ~pon the water bill for each residence and apartment. The parson who is responsible for the payment of the water bill shall also be responsible for the payment of the Earbage collection fee. 6. If the garbage collection fee is not paid wi~thin thirty days after it becomes due, then the City of Plainview shall refuse to furnish any water to the residences fo~ which such garbage collec- tion fee has not been paid. PASSED AND APPROVED THIS 16thday of October _, 1961 ATTEST: Paul B~~ M. B. Hood M. B. Hood, Mayor City of Plainview, Texas Moved by Alderman Irby and seconded by Aldsrman Cline that ordaninance ~o. 752 be passe~. The Motion Carried. OROIWA CE NO. Zu53 AN ORDINANCE SETTING~'I.~T!TE RATE TO BE CHARGED FOR ~?awTw~_~.~.~ CONNECTIONS FOR WATER SERVICE TO BE FURNISPiED BY THE CiTY OF PLAINVIEW. BE IT ORDAINED BT THE CITY COUNCIL OF T~ CITY OF PLAI~Y~IEW,. TEXA.$: SECTION l: A charge shall be made by the City of Plainview for making initial connections with the City's water system, the said charges to 'l- be as follo~s: For making connections where 3/4 inch water meter is to be used- $5 .oo; For making connections where ! inch water meter is to be used- $90. O0; For making connections where 1 1/2 inch water meter is to 0e used - $175.oo; For making connections where 2 inch water meter is to be used- $3 oo. co For making connectiOns where larger than a 2 inch water meter is to be used, a charge over and above $~00.00 shall be made suffi- cient to cover all costs of installation, such charge to be deter- mined by the Mayor of the City of Plainview, and which charge shall be sufficient to cover costs of installation, including labor and materials. SECTION 2': These charges shall be made in addition to all other water service charges. All meters and other materials used in making the water connections shall be and remain the property of the City of Plainview. No person other than an authorized agent or representative of the City shall tamper with or attempt to make any changes or repairs of any kind or character to any water meter in use by the City of Plainview. SECTION 3: No person shall make or attempt to make any water connection of any kind with the water system of the City of P!ainview, except an agent or employee of the City. PASSED AND APPROVED this the 16 th day of October .... , 1961. P. H. Bryan P. H. BRYAN, City Clerk M. B. Hood M. B. HOOD, Mayor ~ Moved by Alderman irby and seconded by Alderman Clin. e that 0rd~n&nCe 753 be passed. The Motion Carried. ORDINANCE NO. 754 AN ORDINANCE PROHIBITING T~ 0~STRUCTION OF ANY KIND ON ANY PUBLIC~ STREET RIGHT OF WAY BETWEEN TP~g CURB OR GRADE LiNE OF ANY PUBLIC STREET AND ABUTTING PRIVA~ PROPERTY LINES, EXCEPT SINGLE TRUNK TREES PRUNED TO A ~IGHT OF SEVEN P~T ABOVE T~ GROUND LEVEL WHERE GROWN, OR OTHER PLANTINGS TRIMMED TO A P~EIGHT OF NOT MORE THAN ~d0 AND ONE*HALF FEET ABOVE THE GROUND LEVEL W~RE GROWN, U~ILITY POLES, STRUT SIGHNS, TRAFFIC SIGNS, AND DEVISED PLACED IN S~CH AREA UNDER LAWFUL AUTHORITY OF THE CITY COUNCIL; PROViDiNG THAT ANY SUCH 0BSTRUCTION$ NOW EXISTING ON STREETS iN Ti~ CiTY OF PLAINVID~ SHALL BE i~MOVED; AND PROVIDING A PENALTY. IT O DAZm 7. , XAS: SECTION !: No obstruction of any kind shall be maintained, con- structed, placed, planted or grown in any public street right of way between the ~urb or grade line of any public street and abutting private property lines in the City of Plainview, except single trunk trees pruned to a height of seven feet above the ground level where such tree is grow.n, and spaced at least fifteen feet apart and not more than eight feet from the property line; grass., hedge, shrubs, trees or other growth trimmed and pruned so as not to exceed two and one-half feet in height above the ground level where grown; utility coles; street sighs; traffic sighm~¢and other devises placed in such area under lawful authority of the City Council. SECTION 2: Whenever the Director of Public Safety, ,Health and Welfare is informed or has proof of the e×istance of any obstruction prohibited by Section I of this ordinance, or whenever has has been directed by the City Council to cause any such obstruction to be removed from a pub- lic street right of way, he shall issue a written notice to the person re- sponsible for such obstruction or to the owner of the premises. The notice shall request the abatement or removal of the obstruction and specify the nature of the violation or obstruction and shall designate a reasonable time within which such abatement or remOval shall be accomplished. If the obstruction has not been removed, or if any trees, shrubs or other growth e×isting on such public street right of way has not been removed o~:,~ trimmed so as to comply with the provisions of Section I hereof, within the time specified in the notice given by the Director of Public Safety, Health and Welfare~ then the said Director of Pullic Safety, idealth anm Welfare is hereby authorized and directed to remove such obstruction from the oublic street right of way. SECTION 3: It shall be a violation of this ordinance for any persoh, firm or corporation to maintain any obstruction, tree, shrub, growth or plainting prohibited by the terms of th~s ordinance_. SECTION 4: Any person who shall violate this 'ordinance or fail to comply with any of the provisions hereof ~all be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the orovisions of this ordinance is commi~tted or continued, and uoon conviction of any such violation such person shall be punished by a fine of not less than $1.00 and not more than ~200.00. SECTION ~: That oart of Section 15 of Article II, Chapter 13, of "The Code of the City of Plainview, Texas, 19~7'' wherein in the last sentence thereof it is provided as follows: "Provided, that it shall be no violation of this section to grow trees on the parkway of the sidewalds, where the body of the tree is not less than eight feet distance from the property line, and the limbs and branches of the tree are' kept pruned off the body of the tree at least eight feet above the sidewalk and their spread an equal distance above the sidewalk;~ is hereby repealed. All other provisions, parts and sentences of said Section l~ of Article II, Chapter 13 of "The Code of the City of Plainview, Texas, 19~7" shall not be affected hereby and shall remain in full force and effect. SECTION 6: if any part or parts of this orminance shall be held invalid or unconstitutional, such invalidity shall not affect the valid- ity of any other part, section, sentence or provision of the ordinance. PASSED AS~D APPROVED, this 2nd _.day of October .... ~,,,.~.~ D., 1961. M. Bo Hood Mayor ATTEST: P. H. Brzan City Clerk Moved by Alderman Taylor and seconded by Alderman Stark that Ordinance No. 7~4 be passed. The Motion Carried. AFFIDAVIT OF PUBLISHER THE ST~ATE OF TEXAS, County of I-lale. Before me, the undersigned authority, on this day personally appeared ............ E,_..q.,...P. erry. .............................. known to me to be the publisher o£ the Plainview Herald, a newspaper of general circulation published ,in Plainv,iew, Hale Co.un,y; said newspaper ,has been co.ntin,uo~usly .and regu- larly p,ub,l~s~ed in said Co~unty f~or a period of more ~ one year; who o.n (~m~h deposes and says ,tha2 a c~py of the within ................... .............. Ordinar~e ..~o..... 7.~5 ........................... .................... Uml~w£~.. · .Dis~h ~v. ~ e...of ........... .................... g..u~....-~..:~ .................................................. ~ ............................ was published once each week in the~ Plainview ....... .D...a...J:...]..~.. .............. ....... ~.....%.<1 .......... issues of .........0.~.~.(~ J~... ,1,.~...~ ....................... .Qc.J~o.b. er...2~., .......................................................... ....................................................................... , ~9.....~1 and the attached said publication. ~,~,~, To~a~, ...... :0./..~/.~1. .... ~ ........ Sworn to and subscribed before me. this .~.~.h ................ day of ...~ct_o.b.er ..................... Publisher's Fee $.....]~02.*..~... AFFIDAVIT OF PUBLISHER THE '~.T, ATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ............ E. - .Q..... P. er. ~"&z. ............................... known to me to be the publisher of the P/ainview Herald, a newspaper ~f ~general circula{ion published ,in Plainview, Hale Country; said newsl~aper has been continuously ~md regu- larly pub,Ii,heal in ~aid Comuty for a period of mt~re ~ one year; who o~ oath ~depose6 and says lha,t a copy of the within .................... .................... Or. d 'anance.... Ito.....75~, .................. .............. ~ ..... ~.ohibitiug...the ................ obstruction of--- ~ ........................... was published once each week in' }he Plainview ..... ,D..$..i.~. ................ ........ lier~.Ld.....i .............................................. in its issues of ....._.0.cI.obe~...1.8...atld ......................... ....... .0.c.% ~ber...25 ..................................................... .......................................................... .~ ......... , and the attached clip~,/~)true copy~ of Publisher, Pl~siaview, Texas, ..... .t..0/3.0.L.~.~. ..... 19 ........ Sworn to and subscribed before me, this 30,th .................. dax of ................. )" ¢ Notary Public, Hale County, Texas. Publisher's Fee $...~.5..~.~. ....... AN O~I~%~e' marveled at th'~'' ~ linWFUL TO D'[S~'~GE A~ GON, PISTOL OR OF T~ P ~OV~ L~ ..r~ght:. , ,happi/y~' hoKa~ach~--han~'dmes~l~ITIONn SHALL,. ~ ~ NOT~ APrLY.~ . ~0 AWl_, ~ .... w~-RSONF R 0PERAT, ~ a new ~,- nked me h~ ~I" SH00~IN~ =ALLE~.Y, PROV~-I .... O_ ~ ZSS:~~ a p~sent an~t_~e~ ~ven ~[~R T~ O?ERATZON OF SUCH SHOOTZNG '- ~,;reporte. ~,~ ~e grow Se~ .... Iai - BE IT L~" ~'s Camel ~Jff~ed/~y COUNCIL OF T~ CITY OF PLAIRWIEVf, ~XAS: ~ ,-: ~ was '~cause of ' la]al · ~'lmet vice~: .mY'camell~ be u~&~u~ ~oP &DY DePSOD ~0 ~hnson ,, ~resiaent L ..... · ~ . . · ~nv ~ ~ed. "t ~ao~/ firearm of any descvzpt~on wxthzn ~he ~ ~ ~~ity of Plainview, except in case of corpo: uP ~ · ed however, this prohibition shall not fac, ri.. ,ng a publiCby o, pPiva~e shoo~in~ u ~ssued ~he Chief of Police. under fide in of of of s ief of Police may issue permivs to bona Tic establish or maintain public or private permits to be for one year and to remain ~.iOds thereafter, unless revoked by the fir~ any such permit is issued by the Chief he~shali determine that such person is that such person will comply with all .nd requirements pertaining to the operation foshooting gallieries to maintain entirely conditions in and about' the shooting gal- f Police shall prescribe such requirements .nsure the operation of any shooting gallery in or about the premises. Such permit tbhe shootin~ gallery will be conducted in a ti~ot constitute a nuisance or annoyance to ~f~%ity, and such permit shall not be assignable ot .e Chief of Police shall not issue a permit for ~,allery unless the applicant shall present evi- the state occupation ~ax on shooting galleries. ants for operation or use of private shoot- issued a permit, provided such applicants in accept&nce of such permit, that no charge of wi be made for the use of such private shooting issuance of a permit for a private shooting authorize the operation of a public shooting The Cheil of Police of the City of Plainview ~rmit issued for the operation or maintenance of ~te shooting gallery for any of the following of the private or public shoot- is not entirely safe and nonhazardous; .he conditions in and about the shooting are such that its operation is not entirely nonhazardous; (3) that the said shooting gallery is being conducted in a manner that constitutes a nuisance or annoy- ance to persons in the vicinity of. said shooting gallery; (4) for a violation of any of the terms and conditions of the permit theretofore issued for the operation and maintenance of the shooting gallery; (5) when any condition exists which makes the operation of the shooting gallery hazardous; (6) when the operation of the shooting gallery causes an annoyance to persons in the vicinity. SECTION NO. 7: Paragraph 1 of Section 12 of Article IV, Chapter 9 of "The Code of the City of Pl'ainview, Texas, 1957'~' is hereby repealed. However, thais ordinance shall not repeal or in any way affebt any other portion, paragraph, r. equirement or provision of ~said Section 12, Article IV, Chapter 9 of said "The Code of the City of Pla'inview, Texas 1957~' except the par- agraph numbered ~l" thereof as aforesaid. SECTION NO. 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held in- valid or unconstitutional by any court of comoetent jurisdiction, such protion shall be deemed a spearate, distinct or independent provision, and such holding shall not affect the validity of the remaining protions hereof. SECTION 9: Any person who shall commit any of vhe acts made unlawful by the terms and provisions of Section 1 of this ordinance or who shall violate Section 1 of th~s ordinance shall be deemed guilty of a misdemeanor and shall upon convic- tion be punished by a fine of not less that $1.00 and not more than 9200,00. PASSED AND APPROVED THIS 2nd day of October ~. 1961. ~M. B. Hood .Mayor ATTEST: P. H. Bryan City Clerk Moved by Alderman irby and seconded by Alderman Cline that 'Ordinance No. 755 be passed. The Motion Carried. ORDINANCE V~CATING THAT PART OF T~ ~TCH-ISAACKS INDUSTRIAL AREA LOCATED ON THE L. S. KINDER AND W~. P. GRIFFIN HO[~$TEAD SURVEY, AS SHOWN BY THE PLAT THEREOF 0F RECORD iN BOOK 204, PAGE 485, DEED RECORDS, HALE COUNTY, TEXAS AS FOLLOWS: TRACT NO.I:~ THAT PART OF SAID HATCH-ISAACKS INDUSTRIAL ARE~EA8T OF T~HE EAST LINE OF RONALD STREET; TRACT NO. ALL OF RONALD STREET OF THE HATCH-ISAACKS INDUSTRIAL. AREA EXCEPT T~ SOUTH 770 FEET THEREOF: WHEREAS, W. F. ~saacks, Robert Wilson and Jake Wilson are the owners of all of the Hatch-Isaacks Industrial Area located on the L. S. Kinder and W. P. Griffin Homestead Survey, as shown by the plat there of of record in Book 204, page 485, Deed Records, Hale County, Texas; and WP]EREAS, the said W. F. Isaacks, Robert Wilson and Jake Wilson have requested that a part of the plat of the said Hatch- Isaacks Industria~ Area be vacated same being described as TRACT MO. 1: That part of said Hatch-isaacks Industrial area lying East of the east line of Ronald Street. TRACT NO. 2: All of Ronald Street of the Hatch-Isaacks Industrial Area e~cept the South 770 feet thereof. W~EREAS, the provisions of Article 974a, Section 5, VACS apply and before the plat can be vacated the consent of the City Council of the City of ~lainvie~, Texas is requirem,~' and WHEREAS, the City Council of the C~ty of P!ainview,. Texas is willing to consent and approve the vacating of ~the part of plat of the said Hatch-isaacks industrial Area, hereinabove described; NOW, THEREFORE, '~ BE IT ORDAINED BY T~ CITY COUNCIL OF Ti~ CZTY OF ?LAiNVim~, TEXAS. SECTION 1: That that part of the plat of the said Hatch- Isaacks Industrial Area located on the L. S. KiNder and W. P. Briffin Homestead Surveys, as shown by the plat thereof of record in Book 204, page 48~, Deed Reoords, Hale County, Texas, and described as follows: TRACT NO. I: That part of said Hatch-Isa~cks Industrial Area lying East of the east line of Ronald Street° TRACT NO. 2: Ail of Ronald Street of the Hatch-Isaacks Industrial Area except the South 770 feet thereof, be ~acated so that same shall re~ert to acreage property without streets or alleys or tracka~eway; SECTION 2: That the streets, alleys and trackageway located within the said Hatch-Isaacks Industrial Area as pro- vided in Section 1 shall no longer be used as public thorough- fares, public streets, alleys or trackageway and shall no ton~er be used or designated as streets, alleys and tracka- geway and the owners of the property contiguous to said streets, alleys and trackageway may take possession thereof and may make use of same in accordance with the laws of the State of Texas° PASSED, APPROVED AMD ADOPTED on this 2nd October , 1961 day of CITY COUNCIL OF TKE CITY OF PL-aINV£E~, TE)~A~ BY: M.B. Hood M. B~-~, 'Mayor ATTEST: P. H. Bryan P. H. Bryan, City Clerk Moved by Alderman Irby and seconded by Alderman Stokes that Ordinance No. 7~6 be passed. The Motion Carried. It was moved by Alderman Hanna and seconded by Alderman Taylor that the petition be granted and Ordinance No. 757 be passed bringing the described %~erritory into the City. The Motion Carried. ORDINANCE NO. 757 ~~~-~ AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIE~W, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETE~iINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING ~OTERS ~THIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITIOn, S REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Counci of the City of ?lainview to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: BEGINNING at the intersection of the east right of way line of Date Street also known as Farm to Market Road 400, and the north- west right of way line of the Panhandle and Santa Fe Railway, said point being on the city limit line of the City of Ptainview, Hale County, Texas; THENCE Southerly along the east right of way line of said Date S~- reet to a point 250 feet South of a projection of the north lines of Blocks 1,2,3,4, and 5, of the Elizabeth Chatham's Subdivision of th~ northeast part of the J. H. Bryan Pre-emption Survey, Hale County, Texas; THENCE West along a line parallel with and 250 feet south of said north line of Blocks 1~'3~4, and 5, of said Elizaleth Chatham's Subdivision to a point--~1~ fset west of the west line of, said Elizabeth Chatham's Subdivision; THENCE North along a line parallel with and 1~ feet west of the west l~ne of said Elizabeth Chatham's Subdivision to a point in the northwest right of way line of the Pahhandle and Santa Fe Railway; THENCE Southwesterly. along the northwest right of way line of the Panhandle and Santa Fe Railway to its point of intersection with the Southeast line of theoriginal right of way for U. S. Highway THENCE Northeasterly along the southeast right of way of said U. S. Highway ~7 to a point in the Southeast corner of the Hill- crest Addition to the City of Plainview, Texas; THENCE East along the south line of said Hillcrest Addition to a point in the N rthwest right of way line of the Panhandle and Santa Fe Railway; THENCE Northeasterly along the northwest right of way line of the Panhandle and Santa Fe Railway to the Place of Beginning; and ~EREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident qualif- ied taxpaying voters residing in said area have signed said petition; and WHEREAS, the City Council finds that all of said areas is con- tiguous to the present city limits of the City of Plainview, and that it is desirable, expedient and for the best interests for the residents of said area and for the City Of Plainview that said area be annexed to the City of Plainview; Now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAiNVI~. Section 1: It is found and determined by the City Council that the fotlowing.desdribed tract of land, to~it: BEGINNING at the intersection of the east right of way line of Date Street also knw~n as Farm to Market Raod ~00, and..the North west right of way line of the Panhandle and Santa Fe R ilway~ said point being on the city limit line of the Czty of Plamnv~ew, Hale County, Texas; THENCE Southerly along the east right of way line' of said Date Street to'a point 250 feet South of a projection of the North lines of Blocks 12,3, 4, and 5 of the Elizabeth Chatham's Sub- division of the N rtheast part of the J. H. Bryan Pre-emption Survey, Hale County, Texas; THENCE West along a line parallel with and 250 feet south of said no~th line of Blocks 1,2,3,4 and 5 fo said Elizabeth Chatham's Subdivision to a point 18 feet west~~line of said Elizabeth Chatham's Subdivision; THENCE North along a line Parallel with and 18 feet west of the west line of said Elizabeth Chatham's Subdivision to a point in the Northwest right of way line of the Pahhandle and Santa Fe Railway; THENCE Southwesterly along the Northwest rm~nt of way line of the Panhandle and SantaFe R~ilway to its point of intersection with the Southeast line of the original right of way for U. S. Highway 87; THENCE Nor%heasterly along the Southeast right of way of said U. S. Highway 87 to a point in the Somthwest corner of the Hill- crest Addition to the City of Plainview, Texa~; THENCE East along the So~th line fo said Hillcrest Addition to a point in the N~rthwest right of way line of the Pahhandle and Santa Fe R~ilway; THENCE Northeasterly along the N~rthwest right of way line of ~(~' ~'- Panhandle and Santa Fo Railway t6 the Place of Beginning; and all of which land lying and being situated in Hale County, Tekau is contiguous to the city limits of the City of Plainview, Texas, Section 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area Jato the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Section 4 of the City Charter ~f the City of Piainview. Section 3: It is found, determined and ordered by the City Council of the City of Plainview, Texas, that said petition in alt things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. Section 4: It is further determined and ordered by the City Council that the above described area from and after the effective date of this ordinance be subject to the control and jurisdiction of the City of Piainview and be subject to taxes and other assessments which may be levied by law from and after January t, 1962. PASSED, APPROVED AND ADOPTED this !961. 6th day of November , A.D., M. B. Hood M. B. Hood, Mayor City of Plainview, Texas CITY CLERK CITY OF PLAiNVIEW, TEXAS Moved by Alderman Hanna and seconded by Alderman Cline that Ordinance No. 758 amending Building Code subsection & of section 257 be passed. The Motion Carried. ORDINANCE NO. _ 75~ AN ORDINANCE ~%~ENDING SUBSECTION 4 OF SECTION 2507 OF THE BUILDING CODE OF THE CITY OF PLAINVI~ HERETOFORE ADOPTED BY ORDINANCE NO. 725 OF THE CITY OF PLAINVI~, AUTHORIZING BUILDING OF TYPE V BUILD- INGS OE ONE STORY GROUP I~OCCNPANCIES TO HAVE EXTERIOR ~ALL STUD SPACINGS OF THE Di${ENSIONS HEREINBELOW MORE PARTICULARLY DEFINED,. AND MORE PART[[CULARLY DEFINING ~D SETTING OUT THE REQUIR~;~NTS THAT MUST BE MET IN THE BUILDING W~ERE STUD SPACINGS ARE 24 iNCHES ON CENTER: AND PROVIDING A PENALTY. WHEREAS, the City Council finds that the hereinafter orescribed revisions to the Building Code are necessary and essential to the public safety and in the interests of the citizens of the City of Plainview, ; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF P~AINiI~W. Section !: Subsection 4 of Section 2507 of the Building Code of the City of Plainview heretofore-adopted by Ordinance No. 725 of the said City of Plainview is hereby amended by adding thereto certain provisions, and said Subsection 4 is hereby amended to read hereafter in full as follows, to-wit: "4. Spacing. (a) Except for one-story detached buildings of Group J occupancy, where twenty-four inch (24") spacing may be used, no studding shall be spaced~more than sixteen inches (16~) on center unless vertical supporting members in the walls are designed as columns, or such walls may be constructed of not less than four-inch by four-inch (4 x 4 ) posts soaces not more than five feet four inches (5' 4") on cente~, or of larger mem- bers d~signed as required in this chapter, or may be of post and beam framing With plank sheathing not less than one and one- half-inches (1 ~") thick. (b) Except, however, that one story Group ~ occupancy and alt Type V buildings, may use studding spaced twenty-four inches (24~) on center~, provided the wall heighth does~not exceed eight feet (8') and the grade of lumber used is not less than the minimum grade specified in Table 25-A or Groups 1,11,111 of Table 25-E, and providing further that. any of the following sheathing requirements are met: (A) 5/16" exterior"grade plywood used in 4' x 8' sheets with no wall bracing required. 6D common nails placed 6" apart around the perimeter and 12" apart in the field. (B) 3/4"'thick boards of 6", ~", 10" and 12"'widths used either horizontally or diagonally. If used diagonally no wall bracing will be required. Square edged or tongue and groove boar~s are squally acceptable. ~o each 8D common nails 'on ~ boards and 4 nails on 10~' and 12" boards at each stud. (C) 1/2" gyps,mm board in 2' x8' or 4' x 8' sheets may be used. Corner bracing will be rgquired. 1 3/4" roof- ing nails be placed 4" apart on the perimeter and ~" apart in the filed. No siding material shall be applied over this sheathing that cannot be secured bM anchoring solely to the studs. (D) 1/2" fiberboard in 2' x 8' or 4' x 8' sheets may be used. Corner bracing shall be required, 1 3/4" roof- nails shall be placed 4" apart on the perimeter and 8" apart in the field. No siding material shall be applied over this sheathing that cannot be secured by anchoring solely to the studS. Section 2: Any person violating any provision of this ordinance shall upon conviction be punished as provided in Section 2 of Ordinance shall upon conviction be punished as provided in Section 2 of Ordinance No. 725 of the City of Plainview. PASSED AND APPROVED, this 6th day of Novembe~r , 1961. M. B. Hood Mayor P. H. ~an City Clerk Moved by Alderman Taylor and seconded by Alderman Stokes that the code on speed limits be repealed in part, being subsection 3 of Section 75 of Chapter 14 of Code of the City of Plainview, by passing Ordinance No. _ 759 .. The Motion Carried. ORDINANCE N0.,,759 AN ORDINANCE REPEALING A PART OF SUBSECTION 3 of SECTION ~5 OF CHAPTER 14 OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957"; PRESCRIBING THAT SPEED LIMIT FOR COLUMBIA STREET FROM 24th STREET TO 18TH STREET IN THE CITY OF PLAINVIEW: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~W~ SECTION 1: That part of Subsectioh 3 of Section 75 of Chapter 14 of "The Code of the City of P!ainview, Texas, 1957" which reads as fol- lows: On Columbia Street from 24th Street to 18th Street; is herely repealed. All other provision of said Subsection 3 of Section 75 of Chapter 14 of "The Code of the City of Plainview, Texas, 1957", shall not be affected by this ordinance and shall remain in full force and 8ffect. PASSED AND APPROVED, this 1961. 6th day of November . , A. D., M. B. HOOD P. H. BRYAN AFFIDAVIT OF PUBLISHER THE: 8TAT~ OF TEXA~, County of Hale. Before me, the undersigned authority, on this day personally appeared to me to be the publisher of the Plainview Herald, a newspaper o~ ge,neral circulation published .in Plainview, Itale ~CoUniy; said- newSPaper 'has been-C°ntir~uo~si~:-~.h~d regi. i? larly i~ublisl~ed in said C/~{m~y ~:1a p.e~iod of more ,than ,one year; w~ho o,n oath de,poses and says th~t~; a co,py o~ the, within ................... ............... .0....~,..~.n....~....c...e....!~..o........75~ .............. : .......... P~L~ ......................... i.. was published once each week in the Plainview ....... ~.~ .............. ...November....2.9., ...................................................... Sworn to and subscribed before me, this ....... 6.th .............. day of ...... D. ec crab.er. ................ A. D'., 19...61 ~otary Public, Hale County, Texas. Publisher'~ ~ee $....-~. ........ ~ ..... AFFIDAVIT OF PUBLISHER TILE' STATE. OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ............ ~.,....Q ,... P~.~. .............................. known to me lo be the publisher of the Plainview Herald, a newspaper of .general circulation p~b]ished ~ Plainview, t~ale County; said newspaper has been contiau, ously 'and regu- larly pub]ishec} in ,said County for a period of more ,tkan one ye~; v~ho on oath deposes and says ~h~tt a copy of the within ................... i-'. ........... .~.0....~..,.i..a.a._~.c.e....l!...0...._.7...~.. ........................... ~ ........ Ordinanc.e... r. ®peking Subsection..2.. o£.. Section....7..5,....Ar%icl e ~ .... I~I,...Cha~er....L4~ .....o£...~he .......... .C~da..o£...the...Cit~..of....Plai.nview.,. .... .T.~.s..,.....l. ~. ~!; ..................................................... ~ ............................ was published once each week in the P'lainview ...... Dat..l~ ................ }l.er.~.cl. ............................................................ m its issues of .............. ~.O.V...~.. b...e.,r.... 2.2.,.....a~....d.. ............. ~y~.b..~.r....~.?., ........................................................ ........................................................................... 19.61. and the attached clipping is~ true copy of said publication. -~///~] ............................. Ptainv.iew, Texas ......... 9..e.C ..... .~.~ ..... 19...~] Sworn to and subscribed before me, this ...... ~ ............... day ot' ....... .[l~ilerab er .............. A. I)., 19...~..1... Notary Public, Hale County, Texas. Publisher's Fee $....~d...~9_._..~C Moved by AI~erman Hanna and seconded by Alderman C!ine that the Code the City of Plainview be am:anded by passing Ordinance No. 760 speed between Joliet and Kokomo on West 7th Street. The Motion Carried. ORDINANCE NO. 76. AN ORDINANCE REPEALING SUBSECTION 2 OF SECTION 75, ARTICLE 111, CHAPTER 1~, OF THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957, PRESCRIBING THE SPEED LIMITS ON PORTZONS OF CERTAIN STREETS IN THE CITY OF PLAINVIEW; AND PROVIDING A piENALTY. . ~HEREAS, after an engineering and traffic investigation, the City Council of the City of Plainview finds that circumstances are such that the maximum reasonable safe speed for t~he operation of vehicles under the conditions found to exist in the hereinafter specified locations upon the streets in the City of Plainview is less than thirty miles per hour, and that the maximum safe speed at such locations is twenty miles per ~our; NOW, THEREFORE BE IT ~)RDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: Subsection 2 of Section 75 of A~ticle 111 of Chapter 14 of ~"The Code of the'City of Plainview, Texas, 1957," is hereby re- pealed~. Section 2: t~ys~h~obe unlawful for any person oper@~ting a motor vehic~ which is self-propelled to operate said motor vehicle at a greater speed than twenty miled per hour on the following portions of the following streets: On We~t 7th Street between Joliet Street and Kokomo Street; On.West 6th Street between Joliet Street and Kokomo Street; Section 3: Any person who shall violate or fail to comply with any o~-the prov-isions of this ordinance Shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 77 of Article iV of Chapter 1~ of the "Code of the City of P!~inview, Texas, 1957". PASSED AND APPROVED this 6th day of November , A. D., 1961. M. B. H~od MAYOR P. H. Bryan bity Clerk Moved by Alderman Taylor and seconded by Alderman S. okes that the Petition of J. B. Roberts and the ~Jaytand Heirs be g~anted, and that Ordinance Number 761 be passed as described in said petition be annexed to the City. The Motion Carried. ORDINANCE NO. 761 AN ORDINANCE ANNEXING AND INCORPORATING iNTO THE CiTY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AR~A ADJACENT THERETO AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE-RESIDENT, ~UALIF.IED TA?[PAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH P'~ ~ ' '~ -. .... E~.ITION~ REQUESTING SUCH ANN~xnTION AND M~KING SAiD AREA UBJ~CT TO THE JURISDICTION OF THE CITY OF PLAINVI~, TEXAS. ~IHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Council of the City of P!ainview to annex and admit the following described area and territory into the City of P!ainview, Texas, to-wit: BEGINNING at a point 15 feet south of the NE corner of Block 19, College Hill Addition to Piainview, Texas; THE, NCE So,th along east line of said Block 19, at 255 feet .cass SE corner of said Block 19, in all 395 feet to south side o~ Fourth Stree~ in said College Hill Addition; ~ THENCE East 750 feet to a point; THENCE North to 60 feet cross the south line of Block 96, College Hill Addition, in all 345 feet to a point; THENCE West at ~00 feet across the west side of Block 96, at 375 ~ feet cross the east side of Block 18, all in said College Hill Addition, in all 750 feet to place of beginning; and ~EREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident qualified ta×paying voters residing in said area have signed said petition; and ~HEREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Plainview, and that it is desir- able, expedient and for the best interests for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview; Now, therefore, BE IT ORDAINED BY THE CITY COUNC[£L OF THE CITY OF PLAINViEW: Section 1: It is found and determined by the City Council that the following described tract of land, to-wit: BEGINNING at a point 15 feet south of the NE corner of Block 19~ College Hill Addition to Ptainview, Texas; THENCE South along east line of said Block 19, at 285 feet pass SE corner of said Block 19, in all 3~5 feet to south side of Fourth Street in said College Hill Addition; THENCE East 750 feet to a point; THENCE North at 60 feet across the south line of Block 96, College Hill Addition, in all 3~5 feet to a point; THENCE West at 300 feet cross the west side of Block 96, at 375 feet cross the east side of Block 18, all in said College Hill Addition, in all 750 feet to the place of beginning; and all of whic~ land lying and being_ situated in Hale County, Texas, is contiguous to the City Limits of the Cit? of Plainview, Texas. Section 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly si~ned a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of Plainview, Texas, ant that said petition is in all respects regular and in compliance with Section ~ of the City Charter of the City of Ptainview. SECTION ~: It is, found determined and ordered by the City Council of the City of Piainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incor- porated into and made a part of the City Limits of the City of Plainview. Section ~: It is found determined and ordered by the City Council that the above described area from and after the effective date of this ordinance be subject to the control and jurisdiction of the City of Plain- view and be subject to taxes and other assessments which ma~ be levied by law from and after January 1, 1962. PASSED, APPROVED AND ADOPTED, this 20t~ day of November , 1961. M. B. Hood Mk&Y O R ATTEST: P. H. BRYAN City Clerk Moved by Alderman Taylor and seconded by Alderman Hanna that Ordinance Number _762 be passed regarding School Zones 20th and Austin Streets, by amending the Code. The Motion Carried. ORDINANCE NO. 762 ORDINANCE PREoCRtB!N<~ THE SPEED LIMITS ON PORTIONS OF ~ERTIAN STRP3ETS IN TH~ CITY OF PLAINVIEW, AND PROVIDING A PENALTY. WHEREAS, after an engineering and traffic investigation, the City Council of the City {}f Ptainview finds that circumstances are such that the maxim~lm reasonable safe speed for the operation of vehicles under the conditions found to exist in the hereinafter specified locations ueon the streets is less than thierty miles per hour, and that the msximum safe speed at such locstions is fifteen miles per hour; NOW, THEREFORE BE IT OkD:%INsD BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW.: AFFIDAVIT OF PUBLISHER THE STATE OF TEX~S, County of Hale. Before me, the undersigned authority, on this day personally appeared .... Eo._.Q....Per. ry ..................................... known to me to be the publisher of the Plainview Herald, a newspaper of general C'lrcul~tion ptrblished in Plainview, I-1ale County; said newsraper ,has been contir~uously and regu- larly ~ub,1/s/xed in said County fo~ a .perio.d ~ more ~than one year; who on oath depose~ and says ~at s cory of the within .................... .............. O..r~.a...~..e..~..~..o..,....7.6~ ........................... :x~ ... C e~.a~n... Streets.. ia...~.. .o..f......E!~.n.v~.e.~;...~.d...pr.o.v.i~in~...e ........ P~r~.a. _!~y_.. ...................................................................... ~ ................ ~ .......... was pt~blished once each week in ~he Plainview ..... ]]~d.]~. ................ ........ Herald ..................................................... in its issues of ............. l~..O.Y.~h.O.l?...~....al%// .............. ..... ]/.o.~.emb.er...3.0., ................................................... ............................................................. ~ .......... ~9...61 and the attached clippin~ ,%)true cory of said pub Ii cation. : ?~[~/~ ..................... ......... ...... ':" ":: ........ Plainview, Texas ..... _D...e.¢.~....6.~,.....i..., 19...6.1 Sworn to and subscribed before me, this ..... 6~h ................ day of .......... DeC e,,ltl~r.. ........... a. ~., xs...6!. Notary Public, Hale County, Texas. Publisher's Fee $.......~..~,....~. .... ,~,FFIDAVIT OF PUBLISHER County of Hale. BefOre me, the undersigned authority, on this day personally appeared ........... E ,....~...,. 4q~r.l~ ............................... known to me to be the publisher of the Plainview Herald, a newspaper o~ general cfrcui~tion published in Plainview, Hale Coun,~y; said newspaper ,has been cont/nuously and regu- laxly pub~i~held in said County fo'r a period o~ more ~than one year; v~ho on o,a,~h de,pose~ and says ~h~t a copy o,f the within .................... .............. om~cE.~o.,,..7.63 ........................... ~ ........... An...Ofdinance...l~esc rib ing the.., speed... 1 .imi..ts...on... ~r.~. ions...of.., cert aim x~ ~..tr.e.e.t.a...~uthe .. City....o~... P. la~n~ew; .E..s.t..~.~.~.....s..c.~.o...o..~....z...o...n..e.~.;.....~..~ ...... ~..d. ~...~... ~.e..n..~.~S.... ................................... ~ ............................ was published once each week in the Plainview ......D...a..~.~...~.e.~.~kd .............................................................................. in its issues of ......... ~)~.e~lbe~....~j~..,~ .................. ~...o...v..~.e..r.... ~..3.,, ............... : .......................................... ........................................................................... and the attached Clipping i~a true copy of said publieat/on. l~lainview, Texa.s, ......... ~..~.,...~..} ....... 1~..~].. Sworn to and subscribed before me, this ............ .~.th ......... day of ...~c~mb~r. .................. No,:ar7 Public, I-Iale County, Texas. Publisher's Fee $....~...~.....= ...... Section t: It shall be unlawful for any person operating a moto~~ vehicle which is self-propelled to operate said motor vehicle at a greater speed than fifteen miles per hour on the following portions of the following streets located in the ~lty of Plainview: On 20th Street between Utica Street and Wayland Street; On Austin Street between Campbetl Street and ~i~ens Street; Section 2: Any person who shall violate or fail to comply with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished as provided in Section 77 of Article LV of Chapter 14 of ~The Code o£ the City of Plainview, Texas, 1957." Section 3: This ordinance does not repeal nor in any way effect the ~rovisions of Sub Section 1 of ~ection 75 of Article 111 of Chap ter 1~ of "The Code of the City of Plainview, Texas, 1957~', but the provisions of said section of said Code shall remain in full force and dffect. PASSED A~fD APPROVED this 20th day of November. 1961. M. B. Hood Mayor P. H. Br~va~n ~.ty Clerk -- M~ved by Alderman Taylor and seconded by Alderman Hsnna that Ordinance N~unber 763 be passed Speed Zones on certain streets be passed. The Motion Carried. ORDINANCE NO. 763 AN ORDIANCE PRES~RIBI~G THE SP~mD LIMITS ON PORTIONS OF CERTAIN STRm~TS IN THE CITY OF PLAiNVIEW: ~ ~ ' ~ · ~ ~ ooTaBLI~HING SCHOOL ZONES: AND PROVIDING A PENALTY. V~EREAS~ after an engineer~ing and[ traffic investigation, the City Cloucil of the City of Plainview finds that circumstances are such that the maxim'~m reasonable safe speed for the o~eration of vehicles under the conditions found to exist in the hereinafter specified locations upon the streets is less than thirty miles per hour, and that the maximum safe speed at such locations is twenty miles per hour, and that the m~ximum safe speed at such locations is twenty miles per hour, and that a school zone should be established, and that during the times and hours hereinafter s~ecified the maximum s~eed for the safety of schhol children and others-on such parts of streets in Plainview, Texas, is not more than twenty miles per hour; NOW THERE- FORE BE IT O~DAINED BY THE CiTY COUNCIL OF THE CITY OF PLAiNVI~: Section 1: Between the hours of 8:OO A. M. and ~:00 P. M. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week, it shall be unlawful for any person operating a motor vehicle which is s~lf-propelled to operste said motor vehicle at a speed greater than twenty miles per hour on the following portions of the following streets; On Quincy Street from 16th Street to 10th Street; On Da~e Street between 3rd Street and 5th Street; On U. S. Highway Nol 70 between Elm Street and Cedar Street; On South Broadway Street between Southeast 9th Street and Southeast Alpine Street; On Columbia Street between 10th Street and 12th Street. Section 2: ~Any person who shall violate or fail to comply with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be ~umished by a fire of not less than $1.00 and not more than $200.00. ~ AND APPROVED this 20th day of 'November A. D., 1961. P. Iff. Bryan M. B. Hood ORDINANCE NO. 76~ AN ORDINANCE CLOSING THE ALLEY DiViDING LOTS NO.S i AND 2 in BLOCK NO. -~ -a ADD TEXAS. 77, COLLsG~ HILL ITION TO THE TOWN OF PLAINVIEW, HALE COUNTY, WHEREAS, by petition dated May !0, 1953, C. L. Craig petitioned the Honorable City ~ouncii of the City of Plainview to close the alley between Lots No.s 1 and 2, Block No. 77, College Hill Addition to the Town of Plainview, Hale County, Texas, as shown by the plat of same recorded in Volume 92, page ~30, Deed Records of Hale County, Texas; and WHEREAS, said petition set out that said property had never been opened as an alley or used as an alley, and that there were no utilities on same, and that it served no useful purpose; and WH,~REAS at a regular meeting of the City Council of the Cztv of Plainview held in the City Hall of said city on May 18, 1953, motion was made by Councilman Walker and seconded by Council man Johnson that said petitin be ~ranted and the street offic[a!ly closed; a~d WHEREAS, said alley was pursuant to said petition duly .closed and has been closed ever since said petition was granted and has been paved, improved and used by the owner of said lots 1 and 2, Block 77, College Hill Addition to the Town of Plainview, Hale County, Texas; and WHEREAS, if an ordinance was passed and signed pursuant to said granting of the petition, the same cannot be located; ~ ~'~ BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NOW, YHEREFORm, PLAINVIEW: Section ~: That the alley between Lots Nos. t and 2, Block No. 77, College Hill Addition to the Town of Plainview, Hale County, Texas, as shown by plat of record in Volume 92, page ~30, Deed Records of Hale County, Texas, be and the same is hereby closed. SECTION 2: That the said alley a~ove referred to shall no longer be designated as an alley or as a portion of an alley on city maps and that the owner of the property contiguous to said alley hereby clos'ed by this ordinance shall continue to remain in possession 2he~eof and may use same, and that title to same is vested in said owner in accordance with the ia'~s of the State of Texas. PASSED, APPROVED AND ADOPTED this 18th day of December, 1961. M. o. Hood MAYOR, City of Plainview P. H. Bryan CITY CLERK, City of Ptainview RESOLUTION THE STATE OF .TEXAS COUNTY OF HALE CITY OF PLAINV!EW On this 15th day of January , 1962, at a regular meetin~ of the City Co--~l of the City of Plainview, Texas, among other things, there was considered by the Council a survey of speed of motor vehicles made by the State Highway Department of the State of TeKas on or about the period between August 3, 1961, and August 30, 1961, within the City of P!ainview, and which was presented to the Council for discussion, along with maps, charts, and figures of such servey and together with recommendations and proposals as to the adoption of speed zones on all S~.te Highways in and through said City; and WHEREAS, the City Council ~f the City of Plainview, by appropriate action has adopted such speed zone plan of regulating the speed of motor vehicles on the highways in the ~ity of Ptainview, as presented and out lined in such servey, with certain modifications, and has on this date made and passed an ordinance regulation the same: NOW THEREFORE, be it resolved that the City Council of the City of Plainview, Texas, does hereby reeuest the State Highway Department of the AFFIDAVIT OF PUBLISHER TH~ STATE OF TEX~S, County of Hale. Before me, the undersigned authority, on this day personally appeared .................. E,...~ .... l~e~r.~. ......................... known to me to be the publisher of the Plainvlew Herald, a newspape~ of general circulation published ,in Plainview, I~ale County; said newspaper h,as been contin,uously and regu- larly pub,14~hed in said County for a ,pe~iGd of mGre %hah one yea~; who o'n o~th depose6 and says ~tI~at a copy Gf lbe within .................... .............. OR~I.N../~aE..NO ..... .7.65 ............................ ~ ........................... was published once each week in the Plainview ..... D~i.~.. ................. Nerald m its issues of .................. Janua~F... 2 .~.,...1 .~.2 ........ and the attached clippiRg i,~a true copy of ................... ........ l~}aiaview, Texas,., .~.~..../.. .......... 19.~...~-~ Sworn to and subscribed b~fore me, this C/ No%ary Public, Hale ~ty, Texas. of Texas to come into the city limits of the City of Plainview, Texas, and erect speed aone signs on the highways in and through said City, in accordance with such servey and as may hereafter be changed, mod- ified, or agreed upon. The above resolution and order passed and approved on th~s 15th day of Januar_~y_. , 1962. A~TEST: P. H. Bryan City Secretary M. B. H~od Mayor ORDINANCE NO. 765 Moved by Alderman Cli.ne and seconded by Alderman Hanna that Ordinance No. 765 be passed. The Motion Carried. An Ordinance changing and specifying the speed limit on Columbia Street (U.S. $7) from its inters ction with the north city limit, a point 30 feet north of the center line of 2gth Street to the south city limit at a point of intersection with the center line of Broadway, in the City of Plainview, Texas, making the same to apply to all motor vehicles of any and every kind and description, and providing penalty. BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAiNVIEW, TEXAS: SECTION 1. No Automobile, motor vehicle, or motor cycle, except fire apparatns~, shall be driven at a greater speed than is hereby de- termined and d~clared to be safe; and such speed limits are hereby fixed~ and are described as follows: The maximum legal speed limit for southbound traffic, only, shall be 50 m.p.h, from the north city limit, a point jO feet north of the cenver line of 2~th Street~ to a point of intersection with the center line of !Sth Street, a distance of 0.552 miles; thence gO m.p.h, to the ~nterse~t~n ~ith the center line of 12th Street extending to the east, a distance of O.251 miles; thence 30 m.p.lh, to the center line of 5th Street (U.S. 70), a distance of 0.631 miles; thence 60 mph to the center line of 3rd Street, a distance of 0.1813 miles; thence 50 m.p.]h, to the center line of 3rd Street, S.E., a distance of ©~395 miles; thence 55 m.p.h, to a point in the city limit, a point 30 feet south of S. E. 10th Street, a distance of 0.389 miles. B. The maximum legal speed limit for southbound traffic, only, shall be 60 m.p.h, during the daytime and-.55 m.p.h, during the nighttime from another point on the city limit, a point 170 feet north of the center line of Limdburg Street to the south~¢ity limit to the intersection with Broadway, a distance of O.~Tg miles. C · The maximum legal speed limit for northbound traffic, ontM, shall be 55 m.p.h, from the south city limit at the intersection with Broadway to the center line of 3rd Street S.E., a distance of !.t~5 miles; thence 50 m.p.h, to the center line of 3rd Street, a distance of 0.39~ miles; thence ~0 m.p.h, to the center line of 5th Street, a distance of 0,.~3 miles; thence 30 m.p.h. to the center line of 12th Street extending to the east, a distance of O.631 miles; thence ~0 m.p.h, to the center line of 15th Street, a distance of 0.251 miles; thence 50 m.p.h, to the north city limit, a point 30 fset~north of the center line of 3gth Street, a distance of 0.552 miles. SECTION 2. Ail Ordinances o~~ parts of Ordinances in conflict with the provisions of this Ordinance as affeCting the above described streets are hereby repealed. S~CT!ON 3. Any person violating any provisions of this Ordinance shatI~~ upon conviction there~dbetfined any sum-!~ot'~less-~.than Ten (Sl0.O0)"Do!lars nor more than Two Hundred ($200.00) Dollars. SECTION ~. That the hazards, dangerous to public health and safety, creates a necessity reeuiring all rules providing that no ordinance shall be finally passed on the day of its introduction be suspended; and this ~rd~nance is declared to be an emergency measure, to take effect from and after the date of its first publication. AND IT iS SO ORDI~ED PASSED AND APPROVED THIS DAY OF JanM$_ry, .1_962. 15th APPROVED: ATTEST: M. B. HOOD Mayor P. H. BRYAN City Secretary Moved by Alderman Taylor and seconded ~y Alderman Cline that Ordinance No. 766 Be passed. The Motion Carried. O DINA CE NO. AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETE.P~'[INiNG THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, ©UALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION RE©UESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview, to annex and admit vhe following described area and territory into the City of Ptainview, Texas, to-wit: Ail of the Terry Addition, Unit No. Three, an addition to the Town of Ptainview, Hale County, Texas, as shown by map and plat of same recorded in the Deed Records of Hale County, Texas, and on file with the City Planning Commission Of the City of Plainview, Texas, and on file with the City Clerk of the City of Ptainview, Texas; and WHEREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident ~ualified tax- paying voters residing in said area have signed said petition; and WHEREAS, the City Council finds that all of said area iscontiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview; NOIr, THEREFORE .... ~ TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAiNVI~..,, SECTION 1: It is found and determined by the City Council that the following described tract of land, to-wit: Ail of the Terry Addition, Unit N~i Three, as shown by a map and plat of said subdivision, recorded in the Deed Records of Hale County, Texas, and which subdivision is located on the following described tract of land, ToSwit: BEGINNING at a point in the West line of Section 34, Block JK-2, Hale County, Texas, !,152.5 feet South of its N. W. corner, said point being 33.16 feet North of a S. W. corner of H~ys, Hays & Barrett tract, also being 33.16 feet North of N. W. corner of Howle & Payne tract; TiHENCE East at 30 feet pass a point 75 feet North of a 2" pipe set in concrete for a control monument, at 1,305.9 feet pass a point in the East line of Hays, HaMs, & Barrett tract 35.5 feet North of a S. W. corner of Martha L. Groff tract, in all 1,350 feet to a point; THENCE South at 35.58 feet pass a N. E. corner of Hays, Hays & Barrett tract ~.1 feet East of a S. W. corner of Martha L. Groff tract, at 75 feet pass a 2~ pipe set in concrete for a control monument, in all 205 to the S. E. corner of Hays, Hays & Barrett tract; THENCE West at 30 feet pass the N. E. corner of Terry Addition, Unit No. 2, at 595.55 feet pass a S. W. corner of Hays, Hays & Barrett tract and the S. E~ corner of Howle & Payne tract, in all 1,!¥0 feet t a N. W. corner of Terry Addition, Unit No. 2~ THENCE South 15 feet along a West line of Terry Addition, Unit No~ 2, to the N. E. corner of Lot i0, Block 7, of said Terry Addition; THENCE West at 170 feet pass a point in the West line of Section 3~ for the S. W. corner of Howie & Payne tract and a S. E. corner of O. C. Collins tract, in all 215 feet to the N. W. corner of Terry Addition, Unit No. 2; THENCE North at i~5 feet pass a point ~5 feet West of the N. E. corner of O. C. Collins tract and the S. E. corner of C. B. Jones tract, in all 220 feet to a point in the North line of C. B. Jones tract; THENCE East ~5 feet along the North line of C. B. Jones t~act to the place of beginning; and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2. It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a ~etition on file with the City Clerk, petitioning the City Council to admit, incprporate and annex the above described area into the corporate limits of the City of Ptainview, Texas, and that said petition is in all respects regular and in compliance with Section ~ of the City CharVer of the City of Piainview. SECTION 3. It is found, determined and ordered by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all re- spects incorporated into and made a part of the City Limits of the City of Plainview. S~CTION ~. It is further determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be subject to the control and jurisdiction of the City of Plainview and subject to taxes and other assessmenvs which may be levied by law from and after the enactment of this ordinance. PASSED,~ ~ APPROVED AND ADOPTED, this 5th day of January, 1962~ . ATTEST: M. B. Hood M. B. HOOD, Mayor, City of Plain- view, Texas PAUL BR~AN PAUL BRUA~, City Clerk City af Plainview, Texas Moved by Alderman Taylor and seconded by Alderman Cline that Ordinance No 767 ~ be pass. ed. The Moron Carried. ORDINANCE NO. 767 AN ORDINANCE ANNEXING AND' INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAiNVIEW~ TEXAS, AN AREA ~DJACENT THERETO AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A }~JORITY OF THE RESIDENT, OUALIFIED TAXPAYiNG VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXATi~JN AND M~:K!NG SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAI NVIEW, TEl{AS. ~0 ~EREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Piainview, to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: A tract of land out of the Northwest quarter of Section 3~, Block JK-2, Hale County, Texas, described by metes and bounds as follows: and BEGINNING at a point i~$7.5 feet North and 715 feet East of the Southwest corner of the Northwest auarter of Section 3'~, Block JK-2, Hale County, Texas; THENCE East 120 feet to a point; THENCE North 120 feet to a'po~nt; THENCE West 120 feet; THENCE South 120 feet to the place of beginn- ing; WHEREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident aualified taxpaying voters residing in said area have signed said petition; and ~EREAS, The City Council finds that all of said area is contiguous to the present City Limits of the City of Plainview, ant that is desirable, expedient and for the best interes~ for the residents of said area and for the City of Plainview that said area be annexed to the City of Plain- view; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: It is found and determined by the City Council that the following described tract of land, to-wit: A tract of land out of the Northwest quarter of Section 3~, Block JK-2, Hale County, Texas, described by metes and bounds as fo~ows: BEGINNING at a point 1~$7.5 feet North and 7t5 feet East of the Southwest corner of the Northwest euarter of Section 3~, Block JK-2, Hale County, Texas; THENCE East 120 feet to a point; THENCE North 120 feet to a point; THENCE West 120 feet; THENCE South 120 feet to the place of beginn- 2ng and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2. It is found and determined that a majority of the - qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City o~ Plainview, Texas, and that said peition is in all respects regular and in compliance with Section ~ of the City Charter of the City of Plainview. SECTION 3. It is found, determined and ordered by the City Council of the City of Plainview, Texas, that said petitiOn in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Piainview. SECTION ~. It is furhter determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be subject to the control and jurisdiction of the City of Plainview and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTEDJ[~ this 5th day of February , 1962. M. B. Hood M. B. HOOD, Mayor City of Plainview, Texas ATTEST: PATJ~ BR~AN PAUL BRYAN, City Clerk City of Plainview, Texas Filed Jan. 30, 1962 P. H. Bryan, City Clerk Ordinance 'Y~o;': 766 PETITION TO THE HONORABLE CITY COUNCIL OF ~l~.o CITY OF ,L~=±~V_~, Tm~.AS: NOw comes B.' B. Howie, R. N. PaFne and J. H. ~wayz~ and would show to the Honorable City Council of the.City of Piainview, Texas as fol!o~s. That your petitioners, whose signatures are affixed hereto, a~e the owners of portions of that certain tract of land known as the Terry Addition, Unit No. Three, an .addition to the City of Plainview, HalLe County, Texas, the'~ortions of the tract belonging to each petitioner ~ ' ~ oemn~ more fully described in the ded2cation deed to such addition, reference to which dedication deed is made for the descrip- tion of such portions and for all pertinent purposes. The Terry Addition, Unit No. Three is more particularly described as follows: BEGINNING at a point in the West line of Section 3~, Block JK-2, Hale County, Texas, 1,152.5 feet South of its N~ W. corner, said point being 33.16 feet North of a S.W. corner of Hays, Hays, & Barrett Tract, also being 33.16 feet North of N.W. corner of Howte &Payne tract; THENCE East 30 feet pass a point 75 feet North of a 2~ pipe set in concrete for a control monument, at 1,305.9 feet ~ass a point in the East line of Hays, Hays & Barrett tract 35.5 feet North of a S.W. corner of ~artha L. Groff tract, in all 1,350 feet to a ~oint; THENC= South at 35.5~ feet pass a N. E Corner of Hays, Hays & Barrett tract ~.1 feet east of a S.W. corner of Martha L. G~off tract, at 75 feet pass a 2~ pipe set in concrete for a control monument, in all 205 feet to the S.E. corner of Hays, HaMs & Barrett tract; THENCE West at 30 feet pass the N.E. corner of Terry Addition, Unit No. 2, at 595.55 feet cass a S.Wo corner of Hays, Hays & Barrett tract and the S. ~. corner of Howle &Payne tract, in all 1,1~0 feet to a N.W. corner oF Terry Addition, Unit No. 2; THENCE South 15 feet along a West line of Terry Addition, Unit No.. 2, to the N.E. Corner of Lot t0, Block 7, of said Terry Addition; THENCE West at 170 feet pass a eoint in the west line of Section. 3~ for the S.W~. corner of Howle & rayne tract and a S. E. corner of O. ~C. Collins tract, in all 215 feet to the N.W. corner of Terry addition, Unit N6. 2; THENCE North at i~5 feet pass a point 65 feet West of the N.E. corner of O. C. Collins tract and the S. E. corner of C. B. Jones tract, in all 220 f6et to a point in the North line of C.B. Jones tract; THENCE East ~5 feet along the North line of C.B. Jones tract to the place of beginning. II Petitioners hereby represent to the Honorable City Council of the City of Plainvi.ew, Texas, that they are all of the tax payin~ qualified voters residing im said tract of land and territory here- inabove described and that siad tract of land lies adjacent to the eresent city limits of City of Piainview, Texas. III Petitioners will further show the Honorable City Council th2t SaL~ Terry Addition, Unit No. Three, to the City of P!ainview, Te~as ms contiguous to the city limits of the City of Plainview and that such addition is in conformity with the v!ans in and for sa~[d City, has been aeproved b the City Planning-Commission, is accessible to sewer, water and electricity, and that the ~vmers of such addition have dedicated the streets and alleys to the Public. Petitioners further represent to the Honorable City Council that all of said land and property is suitable for buildinz sites, and that it is desirable, expedient and for the best interests of the residents of said area and of the City of rlainview that said area be annexed to said City. WHE~EFORE, we the undersigned petitioners, respectfully peti- tion the Honorable City Council of the City of P!ainview, Texas that the said area, territory and tract'~of land above described be annexed to the City of Plainview,and be subject to all of its authority, ordinances, powers and governmental functions. B. B. HOWLE B.B. SIGNED R. N. PAYNE R. ?.~i'. PAYNE J. H. SWAYZE J. H. oW~YZE- Filed February ~, 1962, 5:30 P.l~I. Ordinance 767 P. H. Bryan, City Clerk PETITION TO THE ~Oi,IO~ABL .... CITY COUNCIL OF THE CiTY OF PLAINVIEW, Now comes, J. H. owa}~= and K. C. swayze and would show.the Honorable City Council of the City of Plainview, Texas as follows' That your ~etitioners, whose signatures are affixed hereto, are the owners of a certain tract of land out of Section 3~, Block JK-2, Hale County, Texas, described as follows: A tract of land out of the Northwest quarter of Section 3~, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a po£nt 1~7.5 feet North and 715 feet East o£ the Southwest corner of the Northwest quarter of Section 3~ Block JK-2, Hale County, Texas; THENCE East 120 feet to a ~oint; THENCE North 120 feet to a point; THENCE West 120 feet; ~HENCE South 120 feet to the place of beginning. Ii Petitioners hereby represent to.the Honorable City Council 5f the City of Piainview, Texas, that they are the only tax paying~ qualified voters residing in said tract of land and tsrritory here- inabove described and that s~d tract of land lies adjacent to the present city limits of the City of Plainview, Texas. III Petitioners would further show the Honorable City Council that s~d tract of land .is contiguous to the city limits of the City o? Plainview, Texas, is accessi'bte to sewer, water and electricity~ that all of said land and property is suitable for building sites and that it is desirable, expedient and for the best interest of the residents of said area and to the City of Plainview that said area be annexe~ to said City. The undersigned petitioners respectfully petition the Honorable City Council of the City of Plainview, Texas that siad area, territory and tract of land above described be annexed to the City of P!ainview and be subject to all of its authority, ordinances, powers and govern- mental functions. SIGNED J. H. SWAYZE K C ~ f · . S~AYZE K. C. S~YZE PETITION STATE OF ~TEXAS COUNT][ OF HALE CITY OF PLAINVIEW TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW: Now comes L. B. NE~f~N and shows to the said City Council that he is the owner of all of Lot No. ll, Block No. l&, West Hillcrest Addition to the Town of Plainview, Hale County, Texas, and that he is also the owner of all of Lot No. l, Block No. l, Eoff-Green Add- ition to the Tow~ of Plainview, Hale CoUnty, Texas. That there is an alley between the said Lot l, Block l, Eoff- Green Addition to the Town of Plainview, Hale County, Texas, and the said Lot No. ll, Block No. l&, West Hillcrest Addition to the Town of Plainview, Hale County, Texas, according to the city map of the City of Plainview and dedications of the said additions. That said alley has actually been closed for a period of at least sixteen years PreCeding this date, and at such time was closed WiDh t. he consent of the ten City Council of the City of Plainview, and had actually at. that time never been used as an alley, and that no utilities had ever been constructed thereon, and that the said alley as dedicated served no useful purpose and was never actually opened as an alley. Now, Therefore, your Petitioner being the owner of the land on both sides of said alley, hereby petitions the Honorable City Council to close said alley and that same be officially abandoned and closed. Respectfully submitted, L. B. Newman L B NEWMAN By: Craig B. Silverthorne ORDINANCE NO. 768 /C ~-qi~~ AN ORDINANCE CLOSING THE ALLEY BET%~EN LOT NO. ll, BLOCK NO. 15, WEST HILLCREST ADDITION TO THE TOWN OF PLAINVIEW, HALE COUNTY, TEXAS, AND LOT NO. l, BLOCK NO. l, EOFF~GREEN ADDITON TO THE TO%fN OF PLAINVIEW, HALE COUNTY, TEXAS. WHEREAS, L~ B. Newman has petitioned and recuested the Honorable City Council to officially close and abandon the alley between Lot No. ll, Block No.'l&, West Hillcrest Addition to the Town of Plainview, Hale County, Texas, and Lot No. l, Block No. l, Eoff-Green Addition to the Town of Plainview, Hale County, Texas, as sho~ by the plats of said West Hillcrest Addition and Eoff-Green Addition on file in the Deed Eecords of Hale County, Texas; and WHEREAS, the City Council finds that the said alley as shown on the plat and map of'the city and as dedicated has never been used as an alley, and that the said alley has been actually if not officially closed for a period of at least sixteen years, that the same soes not have any utility lines, gas lines or other utilities thereon, and is not needed for that purpose, and as shown on the map serves no useful purpose to the City of Plainview, and tlhat the same having been actually closed, if not officially c~osed, for a period of sixteen years, gives rise to the presumption that the City of Plainview by and through its governing body has and did heretofore give its consent to the actual closing of said alley and use thereof by the present land owner owing the land on both sides thereof; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: That the alley between ]Lot No. 11, Block No. 14, West Hillcrest Addition to the Town of Plainview,-Hale Comnty, Texas, Eot No. 1, Block No. 1, Eoff-Green Addi~ on ot the Town of Plainview, Hale County, Texas, be and the same is hereby closed and abandoned. SECTION 2: That the said alley above referred to shall no longer be designated as an alley or as a portion of an alley on city maps, and that the owner of the property contiguous to said alley hereby closed by this ordinance shall continue to remain in possession thereof, and that title to same is vested in said owner in accordance with the laws of the State of Texas. 234 Section 3: That the official map of the City of Plainview be correct- ed to reelect the closing of this alley and so as to show the vesting of title thereto in the owner of said lots hereinabove described on each side of said aIIey. PASSED AND APPROVED, this 19th Day of March, A.D., 1962. M. B. Hoed MAYOR P. H. BRYAN CITY CLERK Moved by Alderman Taylor and seconded by Alderman Cline that Ordinance No. 768 be passed. The Motion Carried. STATE OF TEXAS { COUNTY OF HALE !{ CITY OF PLAINVIEW { A RESOLUTION WHEREAS, J. H. Meyer, the owner and holder of the city bus franchise of the streets of Plainview has requested an'additional route as set out by the application attached hereto; and WHEREAS, the .City Council has heard evidence pertaining to his applic cation and the matters and facts referred to therein, and is of the opinion that said application should be granted; NOW, THEREFORE, BE IT RESOLVED that the application for a change in bus routes and schedules be approved as set out in the application of the said J. H. Meyer and that he is hereby given permission of the City Council to put said routes and schedules into effect in addition to any existing routes and schedules approved and granted to him by the City Council, and that the said J. H. Meyer shall be permitted to make schedules as may to him appear most desirable for the benefit of those who use the bus service. PASSED by unanimous vote of the City Council this March , A. D., 1962. 5th day of ATTEST: M. B. HOOD M. B. HOOD, ~MYOR P. H. BRYAN P. H. BRYAN, CITY CLERK Moved by Alderman Ctine and Seconded by Alderman Hanna that the follow- ing Resolutinn be passed. The Motion Carried. "A Resolution WHEREAS, there was entered into by and ~etween the City of Plainview and W. H. Stinson a lease a~reement dated Feb-- ruary 19, 1960, wherein the City of Plainview as Lessor, leased to the said W. H. Stinson as Lessee, according to the terms and provisions of said agreement, all of that certain tract of land lying and being situated in the town. of Plainview, Hale County, Texas, and described as follows: All of Lot No. 16, Block No. 2, City Addition to Plainview, Texas, as shown by plat and map of said addition on file in the Deed Records of Hale County, Texas; and WHEREAS, the W. H. Stinson, with approval of the City of Plainview, Texas, transferred and assigned said lease to M. J. Meester on July 6, 1961; and WHEREAS, the said M. J. Meester desired to transfer and assign said lease to Ralph Gunter in accordance with the terms and provisions of the transfer and assignment attached to this resolution; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Plainview does hereby consent to the transfer and assignment attached hereto and entered into by and between M. J. Meester and Ralph Gunter." PETITION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAiN V!.~%~, T=XA$ Now comes Rex Ramsower and would show to the Honorable City Council of the City of Plainview, Texas as follows: That your petitioner, whose signature is affixed hereto, is the owner of the following described tract of land located in Hale County, Texas and more fully described as follows: ]BEGINNING at the S.W. Corner of BrockAddition, Unit No. 2, Plainview, Texas~ said point being 387.~6 feet north and 905 feet west of the S.E. corner of Section 27, B!ock~JK-2, Hale County~ Texas; THENCE West 355 feet to a point; THENCE North 2,696.2 feet to a point on a curve; THENCE Northeasterly 50 feet along a curve to the right with a radius of 2~354.93 feet, a central angle of 1~ 13', and whose chord is ~9.97 feet long and bears N. ~%~ 23.5~E., to a point of tangency; THENCE North ~5" O' E. 252.3 feet to a point; THENCE East 3~i.6 feet to a point; THENCE South 602.8 feet to a point in the North line of said Brock Addition, Unit. No. 2; THENCE West 200 feet along the north line of said Brock Addition, Unit No 2, to its N.W. Corner; THENCE South 2,307.5 feet along the west line of said Brock Addition, Unit No. 2, to the Place of beginning. II ]Petitioner hereby represents to the Honorable Civy Council of the City ,of Plainview, Texas, that he is the. on!y tax paying, ~uaiified voter residing in said tract of land and territory hereinabove described and that s&id tract of land lies adjacent to the present city limits of the City of Plainview, Texas. IIi. ]Petitioner will luther show the Honorable City Council that said tract of land is contiguous to the city ~imits of the City of Plainview, Texas. ]Petitioner further represents to 'the Honorable City Council that all of said land and property is suitable for building sites, and that it is desirable, expedient and for the best interest of the residents of said area and of the'City of Plainview that said area be annexed to said ~ty. ~.- WHEREFORE, I, the undersigned petition~r~ respectfully petitions the Honorable City Council of the City of Plainview, Texas that the said .area, territory and tract of land above described be annexed to the City of Plainview and be subject to all of its'authority, ordinances, po~ers and governmental functions. Signed Rex Ramsower Moved by Alderman Stokes and Seconded by Alderman Irby that Ordinance No. 768 be passed. The Motion Carriedl~ ORDINANCE NO. 768 .~ ORDINANCE ANNE%ING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAiNVIEW, TEXAS~ AN AREA ADJACENT THERETO AND FINDING AND DETErmINING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THiS RESIDENT, QUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED W'ITH tHE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXATION AND MAKING SAID .AREA SUBJECT TO THE JURISDICTION TO THE CITY OF PLAIN¥IEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of t~e City of P!ainview, Texas, petitioning 'the City Council of t~e city of Plainview, to annex and admit the following described area and territory into-the City of Plainview, Texas, to-wit: , Ail of the Brock Addition~ Unit No. Three, an addition to the Town of Plainview, Hale County, Texas, as sho~m by map and plat of same :recorded in the Deed Records of Hale County, Texas, and on file with the City Planning Comraission of the City of Plainview, Texas, .and on file with the City 81erk of the City of Plainview, Texas; and WHEREAS, the City Council upon a consideration of said petition~ has found and determined that a majority of the resident qualified taxpaying voters residing in said area have signed said petition; and ~EREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of' said~ area and for the City of Plainview that said a rea be annexed to the 0ity of Plainview: NOW, THEREFORE -' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE~;[, TEXAS: Section 1: It is found and determined by the City Council that the following described tract of land, to-wit~ Ail of the Brock Addition, Unit No. Three, as shown by map and plat of said subdivision, recorded in the Deed Records of Hale County, ~exas, and which subdivision is located on the following described tract of land, to-wit: BEGINNING at the S.W'. corner of Bro'ck Addition, Unit No. 2, P!ainview, Texas, said point being 3S7.L6 feet north and 905 feet west of the S.E. corner of Seetion 27, Block JK-2, Hale County, ~exas~ THENCE West 355 feet to a point; THENCE North 2,696.2 feet to a point on a curve; THENCE Northeasterly 50 feet along a cur~e to the risht with~a radius of 2,356.93 feet, a central angle of 1~13', and who~ chord is g9.97 feet long and bears N. 66~ 23~5~ E., to a point of tangency; THENCE North 65~ O} E. 252.3 feet to a point; THENCE East 3~1.6 feet to a point; THENCE South 602.~ feet to a point in the north line of said Brock Addition, Unit No. 2; THENCE West 200 feet along the north line of. said Brock Addition, Unit No. 2, to its N.W. Corner; THENCE South 2,307.5 feet along the west line of said Brock Addition, Unit No. 2, to the place of beginning: and all of which land lying and being situated in-Hale County, Texas and is Contiguous to the City Limits of the City of Plainview, Texas. Section 2. It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed sa p~etition on file with the City Clerk, petitioning the City Council to admit incorporate and annex the above described area into the corporate limits of the City of Plainview, Texas, and that s~d petition is in all respects regular and in compliance with Section 6 of the City Charter of the City of Plainview. SECTION 3'. It-is found, determined and ordered by the City Council of the City of Plainvi'ew, Texas, th%t said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Ptainview. SECTION ~. It is further determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be subject to the control and jurisdiction of the City of Plainview. and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED, this 19th day of February, 1962. ATTEST: M. B. HOOD PLAINVIEi~, TEXAS P. H. BRYAN P.H. B}[YAN', 0~~ CITY OF PLAiN¥IE~'~, TEXAS 237. PETITION STATE OF TEXAS COUNTY OF ._ALu CITY OF PLAIN~Im~ TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIE?i, TEXAS: Now comes the undersigned arid would show to said City Council that .by judgment in the Distr.ict Court of Hale County, Texas, Cause No. 929, styled JOhn L. Brock vs. O. Holland, the court judicially found that a 2trip 60 feet wide had been dedicated for public use as a road or street, which ,is the ~0 feet x 1320 feet lying alohg the south side of a tract described as follows: Situated in Hale County, Texas, and being a part of the North One-Half of Survey No. 3~, in Block JK-2, described as- BEGINNING at a point 37½ feet South and 2610 feet west of the Northeast corner of said Survey THENCE South 1225 feet; THENCE West 1320 feet; THENCE north 1225 feet~ Thence East 1320 feet to Beginning~ WHEREAS, said strip of land was recognized as a road in a warranty deed fr'om O. Holland and wife Laura Holland to J.L. Smith and M.M. Smith dated March 3!~ 191~ recorded in Book 32, page 537~ Deed Records, Hale County~ Texas, wh~in the above described tract of land is conveyed ~'less a street ~0 feet wide to be taken from the south side of this tract.~? and ~EREAS, said strip of land was never used as a road but for more that twenty years was incorporated in a larger tract of land and which enti~ tract of land was used for agricultural, grazing and ~ar_~mng purooses: and WHEREAS, the undersigned are now the owners of the land on both sides of said[ strip of land hereinabove referred to~ being ~0 feet x 1320 feet and they have orepared a plat of said tract of land for subdivision purposes which has been approved by the Planning Commission of the City of Plainview, but that the above mentioned recitals in the judgment and the deed cast a cloud upon the title. ~',Hm~IEFO~d, the undersigned respectfully petitions the Honorable City Council to close said strip of land as a street insofar as it has hereto¢ore been dedicated as a street and that same be officially aban- doned and closed. ~iGNsD: Respectfully submitted~ J. H. S~gAYZE J. H. SWAYZE }~'~THA LOUISE GROFF BY LUCIAN MOREHEAD. HE~ ATTORNEY MART~A LOUISE GROFF J. C. GROFF BY LUCIAN ~dOREHEAD J. C. G~OFF HIS ATTORNEY ORDINANCE NO.- 769 AN ORDINANCE CLOSING A STREET OR ROAD H~ETOFONE REFERRED TO AS A STREET OR ROAD IN A WAi%RgNTY DEED FROY{ O. HOLLAND AND WIFE LAURA HOLLAND TO J.L. SMITH AND H.H. S}~ITH DATED }lARCH 31, 191.3, AND RECORDED IN BOOK 32, PAGE 537, DEED RECORDS, HALE COUNTY, TEXAS~ AND iN A JUDGIviENT IN CAUSE NO. 929, STYLED JO~N L. Bi~OCK VS. O. HOLLAND~ DISTRICT COURN, HALE COUNTY, TEXAS, AND RECORDED IN BOOK 3, PAGE 100, DISTRICT COURT MINUTES, HALE COUNTY, TEXAS. ' 'a~ ~ Martha Louise Groff ~H~EAS, _ J. N. Swa~ze and J.C. Groff have by petition requested the City Council to close and abandon a street of strip of land referred to either expressly or by implication and dedicated as a street said strip of land, which is a strip ~0 feet wide along the south side of the following described tract of land: Situated in Hale County~ Texas, and being a part of the North One-Half of Survey No. 3~, in Block JK-2, described as: BEGINNING at a point 37½ feet South and 2610 feet West of the Northeast corner of said Survey No. THENCE South 1225 feet; THENCE West 1320 feet; THENCE North 1225 feet; THENCE East 1320 feet to beginning; and WHEREAS, said strip of land is referred to in a judgment in cause NO. 929, in the District Court of Hale County, Texas, styled John L. Brock vs. O. Holland and recorded in Book ~ page t00, District Court Minutes, Hale County, Texas, the date o~ said judgment being September 1, 1913, and said strip of land is also referred to as a street in a 'deed from O. Holland and wife Laura Holland to J. L. Smith an~ M.M. Smith dated March 31, 1913, recorded in Book 32, page 537, Deed Records, Hale County, Texas; and WHEREAS, said strip of land has not been used as a street or public road for more than twenty years but has been incorporated in a larger tract of land and used for agricultural purposes; and 'WHEREAS, said strip of land has now been subdivided, and streets and alleys are to be dedicated in accordance with said subdivision and that said subdiv±sion and streets and alleys provided for therein has been approved by the Planning Commission of the City of Piainview. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION ONE: That said gO foot strip of land ?efer~ed to as a street in the warranty deed from O. Holland and wife Laura Holland to J. L. Smith and M. Mo Sraith dated March 31, 1913, recorded in Book 32, page 557, Deed Records, Hale County, Texas, and being the same tract of land referred to as a street or road in t~e judgment ~n Cause No. 929, in the District Court of Hale County, Texas, Styled John L. Bromk vs. O. Ho~land, and dated September 1, 191~, be, and the same is hereby closed. SECTION TWO: The City Council further finds that it is in the best interests of the ~ublic to close said strip hereinabove described in Section 1 hereof and further finds that said strip of land has not been used as a street or road for at least twenty years and that the land on both sides of said strip of land is being subdivided and that in the subdivision street's and alleys are dedicated to the public which adequately serves the public and that it is in the best .interests of the City of Plainview to forever close the above mentioned strip of land as a street and to accept the dedi- cation of the plat as approved by the Planning Commission. SECTION THREE: That said strip hereinabove referred to ~n Section 1 of this ordinance shall be closed and is henceforth closed and the streets dedicated in lieu of same as approved by the Planning Corm~aission are hereby accepted and the owners of the property contiguous to said strip of land hereinabove referred to as a street may take possession thereof and make use of same and title to said strip shall revert to them in accordance with the laws o~ the State of Texas. PASSED, APPROVED AND ADOPTED, This the i-Tth day of May, 1962. ATTEST: M. B. HOOD M. B. Hood, Mayor City of Plainview, Texas P. H. BRYAN P.H. Bryan, City Clerk City of Plainview, Texas ORDINANCE NO. AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAiNVIE~.~, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETEP3~IP~ ING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A M_~JORITY OF THE RESIDENT,QUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITIONS RE©UESTING SUCH ANNEXATION AND AMKiNG SAID AREA SUBJECT 'ro THE JURISDICTION OF THE CITY OF PLAINViEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City CoUncil of the City of Plainview to annex and admit the following described area and terri- tory into the City of Plainview, Texas, to-wit: BEGINNING at a point in the Last line and 1360 54 feet South of the N. E. corner of Section No. 28, Block JK-2, Hale County, Texas; THENCE N. 70" 06' W., parallel and 320 feet ~rom the North right of way line of U. S. Highway No. ?0, a dis- tance of 1566.6 feet to a point; THENCE S. 0" 08' ~0" W. at 340.OOfeet pass a point in the North right of way line of said U. S. Highway No. 70, in all ~60.0 feet to a point in the South right of way line of said highway right of way; THENCE Southeasterly alon~ the South right of way line of said U. S. Highway No. 70 to a point in the East line of said Section No. 28; THENCE N. O" 02~ 30" E. along saidEast line of Section No. 25~ to the Place of Beginning; and ~gHEREAS, the City Council upon a consideration of said Petition, has foundfan~ determined that a majority of the resident qualified taxpaying voters residing in said area have signed said petition; and WHEREAS, the City Council finds that all of said area is contiguous to the present city limits of the City of Plainview, and that it is desir- able, exoedient and for the best interest of said residents of said area and for the City of P!ainview that said[ area be annexed to the City of Plainview; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PIJ~INVIEW, TEXAS: Section t: It is found and determined by the City Council that the following described tract of land, to-wit: BEGINNING at a point in the East line and 1360.5& feet South of the N. E. corner of Section No. 28, Block JK-2, Hale County, Texas; THENCE N. 70" 06' W., Parallel and[ ~20 feet from the North right of way line of U. S. Highway No. 70, a dis- tance of 1566.6 feet to a point; THENCE S. O" 08' 40" W. at 340.0 feet pass a point in the North right .of way line of said U. S. Highway No. 70, in all &60.O feet to a point in the South right of way line of said highway right of way; THENCE Southeasterly along the South right of way line of said U. S. Highway No. 70 to a point in the East line of said Section No. 28; THENCE N.. O" 02' 30" E. along said East line of Section No. 28, to the Place of Beginning; and all of which land lying and being situated in Hale County, Texas, is contiguous to the city limits of the City of Piainview, Texas. Section 2: It is found and determined that a majority of the quali- fied taxpaying voters residing in the above described area have duly signed a petition on file with the City' Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of ~Plainview, Texas, and that said Peti- tion is in all respects regular and mn compliance with Section ~ of the City Charter of the City of Plainview. Section 3. It is found, determined and ordered by the City Council of th~y of PiainView, Texas, that said Petition in all things be granted and that the above described area be and the same is in all res- pects incorporated into and made a part of the City Limits of the City of Plainview. Section &: It is further determined and ordered by th~ ~itv_CoBncil that the above described area from and after the effective ~ave Sf this ordinance be subject to the cnntrol and jurisdiction of the City of Plain- view, and be subject to taxes and other assessments which may be levied by law from and after January 1, 1963. 240 1962. PASSED, APPROVED AND ADOPTED, this 21st day of Ma~ , A. D., M. B. Hood M.-----~. Hood, Mayor ATTEST: P. H. Bryan __ · . lerk PH Bryan, City C ORDINANCE NO. 771. AN ORDINANCE PROVIDING FOR A REWARD TO BE PAID BY THE CITY OF PLAINVIEW FOR ARREST AND CONVICTION OF PERSONS FOUND GUILTY OF ARSON. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAiNV!EW: Section 1: The City of Plainview. hereby offers a reward of $250.00 for th~ arrest and conviction of any person or persons found guilty of com- mitting the crime of arson within the corporate limits of the said City of Plainview, Texas. Section 2: The reward provided in Section 1 hereof is a standing offer and s~ be paid out of the general Fund of the C~tM of P!ainview, Tex- as. Section 3: Whereas the rule requiring more than one reading of Ordinances has heretofore been abolished by Ordinance of the City of Plainview, Tex- as, this Ordinance shall take effect from and after its passage. PASSED, APPROVED AND ADOPT~;D this 4th day of June A.D., 1962· ATTEST: MAYOR, N.B. HOOD '~-~TY CLERK, P.H. BRYAN SEAL Moved by Alderman. Cline and seconded by Alderman Hanna that Ordinance # 772 be passed. The ~iotion Carried ORDINANCE NO. 772 A~[ ORDINANCE ANNEXING AND INCORPORATING iNTO THE CiTY LIMITS OF THE CiTY OF PLAINViEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETERMIN* ING THAT PETI'~ONS HAVE BEEN DULY SiG~D, AND THAT A M~JORITY OF THE RESIDENT, qUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE ~ILED WITH THE CITY CLERK SUCH PETITIONS RE©UESTING SUCH ANNEXATIO~ AND M~KING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINViEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitionimg the City Council of the City of Plainview to annex and admit the following described area and territory into the City of Ptainview, Texas, to-wit: BEGINNING at the S. W. corner of the Alabama Addition to the Town of Piainview~ Texas, which point is also the S. W. corner of the S. E. one-fourth of Section 3~, Block JK-2, Hale County, Texas; THENCE North along the West line of said Alabama Addition, at 347.5 feet pass a point which bears Wesv 20 feet from a 2" pipe set in concrete f.or a control monument, at 1,290 feet pass a point which bears West 20 feet from a second 2" pipe set in con- crete for a control monument, in all 1,350 feet to a point; THENCE East 333.75 feet to the S. E. corner of Lot 5, B%ock of said Alabama Addition; THENCE South at 60 feet pass a N. W. corner of Lot 5 and the N. E. corner of Lot 6, Bioch ~, AlabamaAddition, in all 185.22 feet to a point; THENCE S. 77 degrees 33~ 31" E. 33.79 feet to the West N. W. Cor- her of Titus Subdivision Revised; THi~CE South 340 feet along a West line of Said Titus Subdivision Revised to a point; THENCE East 125 feet along a South line of said 'Titus Subdivision Revised to a point; THENCE South 180 feet along a West line of said Titus Subdivision Revised to its South S. W. corner; 241 · HENCE i~ast !5~.25 feet to a point in the East line of Lot ,+~ Alabama Addition and 22.5 feet South of its N. E. corner; THENCE South 637.5 feet along the East line of said Lot 8 to a point in the South line of said Alabama Addition and the South line ibf said Section 38; THENCE West 650 feet along the South line of said Alabama Addit"~on and the South line of said Section 3g to the place of 0eginning' and ¥~HEREAS, the City Council u~pon a consideration of said petition~ has found and determined that a ma jori'tM of the resident oualified ta×- pa.~.~ng voters residing in said area have signed said petition; and WHEREAS, the City Council finds that all of said-area ms contiguou~ to the present City limits of the City of Plainview, and that it is desirable, expedient and for the best interests for the residents of said area and for the City of Plainview that 'said area be annexed to the City of Plainview; NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAI~,Y?IBW: Section 1: It is found and determined by the City Council that the ~ollowing ~ffescribed tract of land, to-wit: BEGINNING at the S. ~. corner of the Alabama Addition to the Tovn~ of Plainview, Texas, which point is also the S. W. corner o'f the S. E. one-fourth of Section 38, Block JK-2, Hale County, Texas; THENCE North along the West line of said Alabama Addition, at 367.5 feet pass a point which bears West 20 feet from a 2" pipe set in concrete for a control monument, at 1,290 feet ~ass a point which bears West 20 feet from a second 2"pipe set in con- crete for a control monument~ in all 1,350 feet to a point; THENCE East 333.75 feet to the S. E. corner of Lot 5, Block 3, of said Alabama Addition; THE~CE South at 60 feet pass the N. W. corner of Lot. 5 and the ~i.[. E. corner of Lot 6, Block ~, Alabama Addition, in all 185.22 feet to a point; THE.~CE S. 77 degrees~ 33' 31" E. 33.79 feet to the West ~?. W. corner of Titus Subdivision Revised; THENCE South 3~0 feet along a Wesv line of said Titus Subdivisicn Revised to a point; THENCE East 125 feet along a South line of said Titus Subdivision Revised to a point: THENCE South 180 feet along a West line of said Titus Subdivisicn Revised vo its South S. W. corner; THENCE East 158.25 feet to a point in the East line of Lot 8, Block 6, Alabama Addition and-22.5 feet South of its N. E. corner; THENCE South 637.5 feet along the East line of said Lot 8 to a point in the South line of said Alabama Addition and the South lin~! of said Section 3S; THENCE West 650 feet along the South line of said Alabama Addition and the South line of said Section 38 .~o the place of beg.inning~ and all of which land lying and being situated in Hale County, Texas, is contiguous to the city limits of the City of Plainview, Texas. Section 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into t~e corporate limits of the City of Ptainview, Texas, and that said petition is in all respects regular and. in compliance with Section ~ of the City Charter of the-City of Plainview~ Section 3: It is found, determined and ordered by the City Council of the City of Piainview, Texas, tha.t said petition in all things be granted and that the above described area be and the same is in all re- spects incorporated into and made a part of the City Limits of the ~ity of P!ai nview. ~ectmon ~: It is further determined and ordered by the City Council th~.~t the above described area from and after the effective date of this ordinance be subject to the convro! and. jurisdiction of the City of Piainview and be subject to taxes and other assessments which may be levied, by law on and after the date of the adoption of this ordinance. PASSsD, APPROVED Ai',~D aDOPTsD this A. D. , 1962. 6th day of _August M. B. HOOD, i,[E'~fOR City of Plainview, Texas P. H. Bryan, ~ity Clerk City of Plainview, Texas 24, RESOLUTION ~AND ORDER FOR CITY BON~ ELE~TION3~ THE STATE OF TE~S CITY OF PLAIIWIEW COUNTY OF HALE ON THIS, the 5th day of November, 1962, the City Coiuncil-.of the City of Plainview, Texas, convened in reguIar session at the regular meeting place thereof in the City Hall, there being present and in attendance the following members, to-wit: }4. B. Hood Maurice Hanna Keltz Garrison C. B. Cline, Jr. Geo. L. Taylor Mayor Aldermen AND WITH THE FOLLOWING ABSENT: Alvin Stokes. constituting a quorum; and among other proceedings had were the follow lng: Mayor Hood introduced a resolution and order, Alderman Taylor moved its adoption. The motion was seconded by Alderman Cline. The motion, carrying with it the adoption of the resolution and order, prevailed by the following vote: AYES: Alderman Hanna, Garrison, Cline and Taylor NOES: None. the RESOLUTION AND ORDER IS AS FOLLOWS: ?~EREAS, the City Council of the City of Plainview, Texas, deems it advisable to issue the bonds of said City for the purposes hereinafter mentioned; therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CiTY OF PLAINVIEW, TEXAS: SECTION. L; That an election be he~d on the 27th day of November, 19~2, whi6h date is not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of this resol- ution and order, at which election the following propositions shall be submitted to the resident qualified electors of said City, who own taxable property therein, and who have duly rendered the same for taxation: PROPOSITION NU}~IBER 1 '~SHALL "the City Council of the City of Plainview, Texas, be authorized to ussue THREE NUNDRED TTWENTY~FIVE THOUSAND DOLLARS. ($325,000) of revenue bonds for the purpose .~f constructing improvements and extensions to the City's Waterworks System; said bonds %o mature serially'over a period of years not to exceed TWENTY-FIVE (25) years from their date, and to bear interest a t a rate not to exceed FOUR AND ONE-HALF PER CENTUM (4-1/2%)-per annum, payable annually or semi-annually; said revenu~ bonds to be special obligations of the City, payable as to both principal and interest solely form and secured by a first lien on and pledge of the revenues of the City's combined Waterworks and Sanitary Sewer System, after deduction of reasonable operation and maintenance expenses, as said expenses are .defined by Stat- ute?" P~Q~qS~T%ON ~NU~4BER 2 "SHALL the City °ouncil of the City of Plainview, Texas be authorized to issue FOUR HUNDRED TWENTY-FIVE THOUSAND DOL- LARS ($425,000) of revenue bonds of said City for the purpose of constructing improvements and eEtensions to the City's Sanitary Sewer System; said bonds '~o mature serially over a period of years not to exceed TWENTY-FIVE (25) years from their date, and to bear interest at a rate not to exceed FOUR AND ONE-HALF PER CENTUM (4-1/2%) per annum, payable annually or semi-annually; said revenue bonds to be special obligations of the City, payable as to both principal and interest solely from and secured by a first lien on and pledge of %he revenues of the City's combined Waterworks and Sanitary Sewer System, after deduction of reasonable operation and maintenance expenses, as said expenses are defined by statute?" ??OPOSITION NUF~ER~ 3, ~SHALL the City 'Council of the-city of plainview, Texas, be authoriZed to issue THREE HUNDRED ~ENTY-FIVE THOUSAND DOL- LARS ($'325,000) general obligation bonds of said City for the purpose of constructing street improvements in and for said City; said bonds to mature Serially ower a period of years not to exceed q~ENTY (20) years from tlheir date, and to bear interest at a rate not to exceed FOUR AND ONE-HALF PER CENTUM (&-1/2%) per annum, payable annually o:¢ semi-annually; and to provi~de for the payment of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient ta-redeem said bonds as they become due?" PROPOSITION NbZ~ER 4.. "SHALL the City Council of the City of Plainview, Texas, be authorized to issue ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) general obligation bonds of said City for the purpose of purchasing and/or, improving lands for public parks in and for said City; said bonds to mature serially over a period of years not to exceed TWENTY ~20) years from their date, and to bear interest at a rate not to exceed FOUR AND ONE-HALF PER CENTUN (&-1/2%) per annum, payable annually or semi-annually; and to provide for the payment of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to reideem said bonds as they become due?" PROPOSITION· NUMBE, R ~ "SHALL t~ City Council of the City of Plainview, Texas, be authorized to issue TWO HUNDRED THIRTY THOUSAND DOLLARS {$230,000) general obligation bonds of said City for the pur- pose of constructing a new City Hall Building in and for said City; said bonds to mature serially over a period of years not to exceed TWENTY ~20) years from their date, and to bear inter- est at a rate not to exceed FOUR AND ONE-HALF PER CENTUM (4-1/2%) per annum, payable annually or semi-annually; and to provide for the payment of principal of and interest on said bonds by levy- ing a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem'.said?b6nds as they become due?" PROPOSITION NU~ 6 "SHALL the City Council of the City Of ~lainview, Texas, be authorized to issue FORTY-FIVE THOUSAND DOLLARS ($&5,0OO) general obligation bonds of said City for the purpose of.re- modeling and improving the existing City Hall Building to house police and corporation courts; said bonds to mature serially over a period of years not to exceed TWENTY (20) years from ~heir date, and to bear interest at a rate not to ~xceed FOUR AND ONE-HALF PER CENTUM (~.-1/2%) per annum, pay- able annually or semi-annually; and to provide for the pay- ment of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient, to redeem said. bonds as they become due?" . ~EqTIoN 2: That said election shall be held at the CITY AUDITORIUM'Tin'bf~e 'City of Plainview, Texas;"and the entire City shall constitute one election precinct. SECTION 3: That the following named persons are hereby appointed 'Hffice~s"°f the Election, to-wit: H. M. Smelser Austin Ragland Persiding Judge Judge Mrs. L. W. Kiker Clerk Mrs. Grafton Mcinnish Clerk SECTIQN ~:. That said election shall be held under the prow~sions of and in accordance with the l~ws governing ~he issuance of municipal bonds in cities, as provided in the General Laws of the State of Texas, and only resident eua][ified electors, who own taxable pnoperty in the City, and who have duly rendered the same for taxation, shall be .qualified to vote. SECTION 5~: That the ballots for said eleCtion shall be pre- pared in sufficient number and in conformity wiry Chapter 6, V.A.T.C.S~, 2 44 Election Code, and that printed on such ballots shall appear the following; PROPOS~IONNUMBER 1 "FOR THE ISSUANCE OF $325,000 REVENUE 'BONDS FOR WATERWORKS IMPROVEMENTS AND EXTENSIONS' AND PLEDGING THE REVENUES OF THE CITY'S COMBINED WATERWORKS AND SANITARY SEVER SYSTEM TO THE PAY- MENT THEREOF" #AGAINST THE ISSUANCE OF $325,000 REVENUE BONDS FOR WATERWORKS IMPROVEMENTS AND ENTENSIONS AND PLEDGING THE REVENUES OF THE CITY'S CO~INED WATERWORKS AND SANITARY SEWER SYSTEM TO THE PAY- MENT THEREOF" PROPOSITION NUMBER 2 "FOR THE ISSUANCE OF $425,000 REVENUE BONDS FOR SANITARY SEWER SYSTEMIMPROVE~NT8 AND EXTEN- SIONS AlfD PLEDGING THE REVENUES OF THE CITY'S CO~INED WATERWORKS AND SANITARY SEWER SYSTEM TO THE PA!~4ENT THEREOF" "AGAINST THE ISSUANCE OF 8425,000. REVENUE BONDS FOR SANITARY SEWER SYSTEM IMPROVEMENTS AND EXTENSIONS AND PLEDGING THE REVENUES OF THE CITY'S COMBINED WATERWORKS AND SANITARY SEWER SYSTEM TO THE PAYMENT THEREOF" PROPOSITION NUMBER 3 ~FOR THE ISSUANCE OF $325,O00. GENERAL OBLIGATGON STREET IMPROVEMENT BONDS AND~ THE LEVY OF A TAX IN PAY~TENT THEREOF" "AGAINST THE ISSUANCE OF $325,000 GENERAL OBLIGA- TION STREET IMPROVE~NT BONDS AND THE LEVY OF A TAX IN PAYmeNT THEREOF" ~ROPO~ITIpN NU~ER 4 "FOR THE ISSUANCE OF $150,000 GENERAL OBLIGATION P~RK BONDS AND THE LEVY OF A TAX IN PAY~iENT THEREOF" "AGAINST THE ISSUANCE OF $150,000 GENERAL OBLIGA- TION PARK BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF" PROPOSITION NU~ER ~ "FOR THE ISSUANCE OF $230,000 GENEP~iL OBLIGATION CITY HALL BUILDING BONDS AND THE LEVY OF A TAX IN PAtq~iENT THEREOF" "AGAINST THE ISSUANCE OF $230,000 .GENERAL OBLIGA- TION CITY HALL BUILDING BONDS AND THE LEVY OF A TAX IN PAYmeNT THEREOF" PROPOSITION NUMBER 6 "FOR THE ISSUANCE OF $45,000 GENERAL OBLIGATION POLICE AND CORPORATION COURTS BUILDING BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF" "AGAINST THE ISSUANCE OF $45,000 GENERAL OBLIGA- TION POLICE~AND CORPORATION COURTS BUILDING BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF" AS TO EACH of the foregoing six propositions, each voter shall mark out with pen or pencil one ortho above expressions, thus leav- ing the other as indicating his or her vote on the six propositions, respectively. SECTION 6: THAT a copy of this resolution and order, signed by the Mmyor oF the City and attested by the City Secretary shall serve as proper notice of said ele6tion, 245 S'ECTION~7: In the event the said revenue bonds submitted under Propo~and 2, above, are authorized to be issued by a majority of the resident qualified electors of said City, who own property therein and who have duly rendered ~the same for taxation, voting at said election, and the same are issued and sold, the holder or holders of such bonds shall never have the right to demand payment thereof out of any funds raised or to be raised by taxation; and each bond issued or executed in pursnance of such eledtion, shall contain this clause: "The holder hereof shall never-have the right to demand payment of this obligation ou~tof any funds raised or to be raised by taxation,,. SECTION 8: THAT notice of said election shall be given by post- ing a~tion of a copy of this resolution and order, at the top of which shall appear the words,"NOTICE OR ELECTION FOR THE ISSUANCE OF BONDS." Said notice shall be posted at three public places in said City, one of which shall be at the City Hall, not less than fourteen (lg) full days prior to the date on which said election is.to be held;.~and be pnblished on the same day in each of two succes- sive weeks in a newspaper of general circulation in the City of Plain- view, ~published in the City of Plainview, Texas, and the first of said publications to be made not less than fourteen (lg) full days prior to the date set for said election. PASSED AND APPROVED, this the 5th day of November, 1962. ATTESr. M. B. Hood MAYOR, City ,of Plainview, Texa~ ~ P. H. Bryan City ' ' ..... ' ~ oecretary, Czty bf Piainview',~ Texas (City Seal) APPROVED: Joe Sharp CiTY '~TTORNEY, City of-~lainview, TeXas Pastor Minutes of December 3 Meeting of Plainview City Cc~ncil RESOLUTION CANVASSING RETURNS AND DECLARING RESULT OF ELECTION THE S'T~.~TE OF TEllS CITY OF PLA INVIEW COUNTY OF HALE ON THIS, the 3rd day of. Dec. , 1962, the City Council of the Cil~y of Plainview,---~exaS, cbnven~d i~nre__rpgkklar ~ session aththe regular meeting placethereof in the City IF~fl--~-'~e being present and in attendance the following members: M. B. HOOD MAURiCE HANNA .KELTZ GARRISON C, B. CLINE JR. GEO. L. TAYLOR ALVIN STOKES I~AYOR ALDERMAN ALDEPaVOkN ALDERNOkN ALDEPJV0~N ALDERMJkN and with the following absent: None constitUtiVE a quorum; and among other i~oceedings had were the'~' following: Mayor Hood offered the following resolution to the City Council: WHEREAS, under and by virtue of a resolution and order duly passed by the City Council of the City of Plainview, Texas, on the 5th day of November, 1962, an election was held in 8aid City on the 27~h day of November, 196~, on six propositions for the issuance of bonds of said City of Plainview, Texas, im the following amounts and for the following purposes, to-wit: 246 $325,000 revenue bonds for hhe purpose of constructing improvements and extensions to the City's Waterworks System; $425,000 revenu~ bonds for the purpose of constructing improvements and extensions to the City's Sanitary Sewer System; $325,000 general obligation bonds for the purpose of constructing street improvements in and for said City; $150,000 general obligation bonds for the purpose of purchasing and/or improving lands for public parks in and for said City; $230,000 general obligation bonds for the purpose of constructing a new City Hall Building in and for said City; ands $45,000 general obligation bonds for the purPose of remodeling and improving the existing City Hall Building to house police and corporation courts, AND WHEREAS, on this the 3~d day of De~ember ... __ , 1962, aame being a Regular sess~'g~the City Council, t~ere came on to be consi'dered the returns of said election; an~, WHEREAS, upon consideration of the returns of said election, it appears that the same was in all respects legally held, after due notice had been given, and that the said returns were duly and legally made; and, WHEREAS, it further appears from aaid returns that there were cast at said election ~192 ~votes on the proposition for the issuance of $325,000 Revenu~ Bonds for the Waterworks improvemants and extensions, of which number ~,829' vo~es were cast ~'FOR THE ISSUANCE OF $325,000 REVENUa BoNDs FOR WATERWORKS IMPROVEMENTS AND EXTENSIONS AND. PLEDGING THE REVEN~ES OF THE CITY'S COMBINED WATERWORKS~AND SANITARY SEWER SYSTEM TO THE PAY- MENT THEREOF"; and 363 votes were cast ~AGAI~ST THE ISSUANCE OF $~%,000 REVENUE BONDS" EOR WATERWORKS .IMPROV~MNETS A~ EXTEN- SIONS AND PLEDGING THE REVENUES OF THE CITY'S COMBINED WATERWORKS AND SANITARY SE%fER SYSTEM TO THE PAYMENT THEREOF"; and~ WHNREAS, it further appears from aaid returns that there were cast in aaid election 2,181 votes on the proposition for the ~ssuance of $425,000 Revefiue Bonds foD~e~ ~mpno~emeh~ and extensions, of which number 1,780 yotes were casD "FOR THE ISSUANCE OF $42~,.000 REVENUE BOND--~~NIT~RY SEWER SYSTEM ~PRONEMJ~NT$ AND EXTENSIONS AND PLEDGING THE REVENUES OF THE CITY'S COMBINED WATERWORKS AND SANITARY SEWER SYSTEM TO THE PAY- MENT THEREOF"; and 401 votes were cast "AGAINST THE ISSUANCE OF $&25,000 REVENUE BOND-~FOR THE SANITARY SEWER SYSTEM. IMPROVEMENTS AND EXTENSIONS AND PLEDGING THE REVENUES OF THE CITY'S COMBINED WATERWORKS AND SANITARY SEWER SYSTEM TO THE PAYMENT THEREOF"; and, WHEREAS., it further appears from said returns that there were cast in ~aid ~lection 2,181 votes on the proposit- tiOn for the issuance of $325,000-general Obligation bonds, for the purpose of constructing street improvemnets in and for said City, of which 1,1~2 votes were cast "'FOR THE ISSUANCE OF $325,000 GENERAL OBLIGATION STREET IMPROVEMENTS BONDS AND TO LEVY A TAX IN PAYMENT THEREOF"; and '999 ~otes were cast "Against THE ISSUANCE OF $325,000 GENERAL oB-L~ION STREET IMPROVEMNET BONDS AND THE LEVY OF A TAX IN PA~ENT THEREOF"; and, WHEREAS, it further appears from said returns that there were cas~ at said election ~ votes on the proposi- tion for the ~ssuance of $150,O00.general obligation bonds, for the purpose of purchasing and/or:improving lands for Public parks in and for said City~ of which numb~er 'l. 3.82 votes cast "FOR THE ISSUANCE OF $150,000 GENERAL OBLIGATION PARK BONDS AND THE LEVY OF A TAX IN PA~ENT THEREOF"; and 775 votes were cast "AGAINST THE ISSUANCE OF $150,O00 GEN~-~IGATION PARK BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and, "WHEREAS, it further appears frem said returns that' there were cast at said election ~,182 votes on the proposi- tion for the issuance of $230,O0~ obligation bonds, for the purpose of constructing a new City Hall Building in and for said City, of which number 1499 votes were cast "FOR THE ISSUANCE OF $230,000 ~ENERAL o~L-iGATI~N CITY HALL BUILDING BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF" ; and ~ votes were cast ~AGAINST THE ISSUANCE OF $230,000 GENERAL-O~EIGATION CITY HALL BUILDING BONDS AND THE LEVY OF A TAX l~' PA!G~NT THEREOF"; and, WHNREAS, it further appears from said returns that there were cast at said election ~~75 vote~ on the proposi- tion for the issuance of $25,000 general obligation bonds-, for the purpose of remodeling and improving the existing City Hall Building to house police and corporation courns, of which number i 470 votes were cast "FOR THE ISSUANCE OF $45,000 GENERAL ~OB~L-i~A-TION POLICE AND CORPORATION COURTS BUILDING BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF", and 705 votes were cast "AGAINST THE ISSUANCE OF $~5,0Ooc GENE--~OBLIGA- T!ON POLICE.AND CORPORATION COURTS BUILDING BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF" ; therefore, Be it resolved by the city council of the city of PLAINVIEW, TEXAS: SECTION l:That the aforesaid election was duly and legally card notice thereof given in accordance with the laws of~%~he Sate of Texas and the'resolution and order calling ' l~hat said election was held in strict conformity said ele~ion, with the .Constitution and laws of the State of Texas$ and the returns thereof have been properly made to the ~fficials of the City entitled to receive same;that only resident qualified property taxpaying electors of the said 8ity of Plainview, -Texas, who owned property therein subject to taxation, and who ha~e duly rendered the .same for taxation, were permitted to vote at said election; and further, that said election properly represents the desires of those qualified to vote as aforesaid. SECTION 2: That the proposition to issue the $325,000 revenue~r the purpose of constructing improvema~ts and extensions'to the City's Waterworks System was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who have d~ly rendered the same for taEation, and that the City Council of said C%ty is authorized to issue said bonds and to provide for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. S~T~ON 3: That the proposition to issue the $~25,000 revenue bonds, for the purpose of constructing improvements extensions to the City's Sanitary Sewer System, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said Citp~ and who have duly rendered the same for taxation, and that the City Council of said City is authorized to issue said bonds and to provide for th? payment of the pringipal ~f and interest on said bonds in the time and manner prescrmbed by law. ~: That the proposition to issue the $325,000 general~~n bonds, for the purpose of constructing street improw~mants in and for said City, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who have dul~ =end,red the same for taxation, and that the City Council of sai~ City is authorized ~o issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said.bonds in the time and manner prescribed by law, ~ECTION 5a That the propOsition to issue the $150,000 ~eneral~on bonds, for the purpose of purchasing an/or mmproving lands for public parks in and for said City, was sustained by a majority of the qualified[ electors of s&id City, voting at said election, who own taxable property in said City, and who have rendered the same for taxation, and that the City Council of said City is authorized to issue said bonds and to-levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law, SECTION 6: That the proposition to issue the $230,000 general~gn bonds, for the purpose of constructing a new City Hall Building in and for said City, was sustained by a majoriuty of qualified electors of said City, voting at said election, who own taxable property in said City, and who have duly rendered same for taxation, and that the City Council of said City is authorized to issue said bonds and to levy and have assessed and collected %axes for the payment of the princi- pal of and interest on said bonds in the time and manner 48, prescribed~by law. SECTION 7: That the proposition to issue the $45,000 generaI~n bonds, fo~ the purpose of Demodeling and improving the existing City Hall Building to house police and corporation courts, was sustained by a majority of the qualified electors of said City, voting at said:election, who own taxable property in said City, and who have duly rendered the same for taxation, and that the City Council of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal ef and interest on said bonds in the time and manner prescribed by law. The above resolution having been read in full, it Was moved by Alderman Hanna and seconded by Alderman Cline that the same be paSsed and adopted.:Thereupon, ~or put the motion to a vote of the members of the City Council, and the following members voted"AYE"; Aldermen Hanna, Garrison, Cline, Taylor and Stokes; and none voted "NO". The ~ayor declared the motion carried and the resolution adopted. PASSED~AND APPROVED, this the3rd 1962. ,, day of _DECEMBER ~, Hooo Mayor, u'ity of Pla'inview', Texas ATTEST: P. H. BRYAN C~t~ SeCretary~ 't' Cz y of Pla~nv'iew, Texas (City Seal) ~iPPROVED: Joe Sharp C~ty A~torney, City of Plainview, Texas The~.~ection,.~returns~ o~.~ ~the~-~,No. vembe~:Tt.h~-eZ~en were .~rr.i~d~ ............... A~erman C. B,.Cli.~e.made a mo~ion.whic-h-was.,secen6~e<~Y~' DistributOrs. ..... A-motion'was made~'"'bY~-Aide'rman'.H~nnm~-and''se'c°nded~by''''~ld~r~[n Garrison.that Robert Met.zger-be-named as~.Auditorl£or.th~£isca~l .... year, of. 1961-1962- ............................... STATE 0FTEXAS CITY"OF PLAINVIEW COUNTY OF HALE Moved by Alde~.~an Garrison and seconded by Alderman Hanna that the following resolution be passed. THE MOTION CARRIED WHEREAS, the State Highway Commission of the State of Texas is now constructing, laying out and reconstructing, a highway designated as a part of'~t.he State highway system and iocated within the City of Plainview, Hale County, Texas,~ on that street known as South Columbia Street, and, WHEREAS, the ~ate of ~Texas throUgh the State Highway Commission has ~equired'.the City of Plainview to acquire t~he right-of-way necessary for~ such highway construction, l~ying out, and reconstruct~m$; and, EEREAS, tSe City Council of the City of Plainview has found that public necessity requires the location, construction, operation and . maintenance of such highway in the City of PlainView, Hale County,Texas, and, WHEREAS, the City Council 'of '~e City of Plainview, has found and determined, that a right-of-way easement in and to the hereinafter des- cribedland 'is suitable for such purposes~; and it is necessary to acquire NOW,~.THEREFORE, be it resolved by the City Council of the City of Plainview, Hale County, Texas, that ~OE L. COX be, and he is hereby authorized,~to file or' cause to be filed,'against ~.EQUIEL J~ PEREZ and JULIA PEREZ, a feme sole, and any and all other owners or lein holders, proCeedings and eminent domain,~ to ac'quire a right-of-way easement for said~purposes-in and to the following described tract of land, to-wit; 0.241 acre .(10,500 sq.f~.~ of land, more or les~, sam? being all ~ ~o£ Lot ~ and the~Nerth ~ of Lot 5, Block 50, 0riginal~.Town of Plainview, according toga map or plat of tlae Original Town of Plainview of record in Volume I HE Page 374. of deed record~ of. Hale County, Texa~,.which X~t ~4 and the North ~ of L~t r, Block 50, Original of Plainview were conveyed to Ezequiel J. Perez by Hazel Havis by deed dated the l?th day of November, 1945, of record xn VolUme 164, Page 614,~Deed Records of Hale County, Texas, which 0.241 acre of land, morro or' le~s,.is.more Dar~icula~ly described as follows; 0~241 acre (10,500 sq. £t.~ of land, more or less, bemng all of Lot 4 and the North~ of Lot 5, Block 50, Original Town-of Plainview, Texas. PASSED AND APPROVED, REGULA~ SESSION, December 17th,1962 M. B. HOOD MAYOR' CITY OF PLAINVIEW ATTEST: p. H. BRYAN CITY CLERK,. cIT~.-~ MOTION was made by Aldermam Garrison and seconded by Alderman ~Tayl~r that the following Resolution .be passed. THE MOTION CARRIED STATE OF TEXAS x COUNTY OF HALE x CITY OF PLAINVIEW x A RESOLUTION ~ER~S, at a regular session of the '0ity Council held in the City of Plainview, at its regular meeting place on January 7, 1963, the fol- lowing resolution was introduced and duly passed; :~HER~S, Don Johnston is the holder of a lease agreement entered into by and between himself as Lessee and the City of Plainview as Lessor covering the following described land; Being a part of and out of the East One-hal~ of Survey No.40,Block JK-2, and de..scribedby me~es and bounds as follows: BEGINNING at a point 75 feet ~est of the SOuthwest corner of Lot Ne. 7, in Bloc~ No. 53, of the original Town of Plainview, Texas, f~r the~Southe~st and Beginning corner of'this tract; THENCE West 16 fee~ to a point; Thence North 8 56.8' ~est l$1,:~ feet to a point; THENCE East 38 feet to a point in the West line of Denver Street; THENCE South 140 feet along the West line of Denver Street to the Place of Beginning; and WHEREAS, said lease has by the said Don Johnston been transferred and assigned to the Johnston Rambler, Inc. and Johnston Rambler, Inc. has applied to the City Council for a new leaseedeleting the provisions of the old lease pertaining to leins and the said Johnston Rambler, Imc. proposes in said new lease in consideration of the new lease not con- raining to Landlord's Liens. W~EREAS,the said Johnston Rambler, Inc. also has applied for an option for an additional term of eighteen months from the termination of said lease covering said promises;NOW,THEREFORE, "BE IT RESOLVEDthat the s&id premises be leased to the said Johnston Rambler for the total consideration based upon the rental provided f~r in the lease between the City of Plainview and .Don Johnston originally entered into whereby said premised were leased to Don Johnston and that the siad rental shall be prepaid for the entire term and in consideration o.f which prepayment it will not be ~ necessary for said provision pertamning to a ~ien to secure ~the paym~at of rentals. "BE IT FURTHER RESOLVED that sazd~ms.~e~ R~m~er~I~o. the given ~ylaa~dw~ ,~96~ upon th~ 2~l~o~g~ditions: 1.Said option shall be effective only when a new lease agreement is entered into by and between the then City Council and the said Johnston Rambler, Inc. 2. The terms amd provisions of said ne~ lease shall be subject to the agreement of the then City Council. 3. The Consideration for the lease of said premises for said eighteen additional months shall be subject t~ the apprbval of the then City Council of the City of Plainview. $~ The Said consideration is to be prepaid in, advance for the said eighteen months period. 5. No oral agreement or other representatives shall be effective as concerning said option unless and umtil i~ has been reduced to writing and a~proved by a resolution of the then City Council of the City ~f P?ainview which ~resolution shall be in writing. 6. The Cmty Attorney and the Mayor are hereby authorized to ne- gotiate with the said Johnston Rambler, Inc.and to approve the fo~m of the lease conditions of this resolution and the said Mayor is here- by authorized to sig~ and executer and to bind the-City upon said lease agreement in accordance with this resolution and duly executed by the lessee." PASSED AND APPROVED this t?$h day of January ,A.D. 1963. M.-B. Hood ~'Ma~or,'City---~f Plainview ATTEST: City Ci~k, Oi%y "of P~ainview" STATE OF TEXAS COUNTY OF HALE I. P. ~. BRYn, City Clerk of the City of Plainview, Texas do hereby certmfy that hte above and foregoing is a true and correct copy of a resolutign adopted, enacted and passed by the City Council of the Oity of P~ainview at its regular meeting on J~n. 4 ~' ,1963 by unanimous vot~ of all members present. GIVEN UNDER ~Y HAND AND THE SEAL OF SAID CITY,~t~is the~ 10th _ day of ~ January _~,A.D. 1963. STATE OF TEXAS COUNTY OF HALE P. H. BRYAN ~ity Oierk, city of P~.ainview BEFORE ME, the undersigned authority, on this day~ personally appeared P. H, Bryan, known to me to be the person whose ~ame is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and consideration therein expressed, and in capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE', this the _lOth day ef..~Js~r__~_,A.D. 1963. otary Public,H~le"~oun~f~ Texas Motion was m~de by Alderman Cline and seconded by Alderman Garrison that the followinf Resolution be passed. THEMOT!ON CARRIED RESOLUTION STATE OF TExAs COUNTY OF MALE CITY OF PLAINVI~ WHEREAS, the hereinafter described land has been used as a street for many years, but has never been dedicated; and city WHEREAS, it is desirable that the siad street and its boundaries be dedicated in order that there will be no misconception as to what constitutes the city street; NOW~THEREFORE: BE IT RESOLVED that hhe Mayor be authorized and directed to execute and record an instrument formally d~dicating ~o the public as a public area and thoroughfare all of that certain tract of land des- cribed~by metes and bounds as follows: BEGINNING in the South'line of said Out-Lot No.t5 at a point 690 feet West from its SE corner, which is 60 feet North and 250~ feet West from the NW corn~rcorner of a said tract of land heretofore conveyed by th~ City of Plainview, Texas, to the Plainview Chamber of Commerce and Agriculture, Inc. by deed dated May~, 1930~ recorded Book lO1, page 252, Deed Records, Hale County, Texas; THENCE North 510 feet; THENCE West 50 feet; -THENCE Mouth 510 feet; THENCE East 50 feet to the place of beginning. PASSED this the 7th day fo January, 1963, at the regular session of the City Council. M. B. HOOD Mayor,City of Pla~n~iew ATTEST: P. H. BRYAN C~~L-E~K, City-'~f Plainview ~ STATE OF ~EXAS COUNTY OF HALE I, P. H. BRYAN, City Clerk of the City of Plainview, Texas, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by unaminous vote of the City Council of the City of Plainview, Texas, at its meeting on the 7th day of January, 1963. WITNESS MY }~ND this the 7th day of January, 1963. ~STATEOF TEXAS COUNTY OF PLAINVi~ P. H. BRYAN CITY'CLERK~,City of P!ainvi BEFORE ME, the underdigned authority, on this day personally appeared P. H. Bryan, known to me to be the person whose name is ~ subscribed to the foregoing instrument,, and acknowledged to me that he executed the same for the purpose and consideration therein 2xpressed. GIVEN ~DER MY HAND AND SEAL OF OFFICE, this the 7th day of January, 1963. IRIS LOVELL NOTARY PHBLIC,Hale County, Texas ~ motion was made by Alderman Hanna and seconded by &lderman Cline that the petition be granted and Ordinance No. 773 be passed bringing the land ~escribed in the petition into the City Limits. THE MOTION CARRIED ORDINANCE NO. 773-.._ A AN ORDINANCE GRANTING THE PETITION OF LOUISE GROFF, ET AL, TO ANNEX A PORTION OF SECTION 3&, BLOCK JK*2, HALE COUNTY, TO THE CITY OF~ PLAINVIEW, HALE COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW; SEg~TION I That the petition of Louise Sroff and others signing said petition praying for the annexation of A tract of land out ot hte North part of Section 3&, BlockJK-2, Hale County, Texas, more particu- larly described by metes and bounds as follows: BEGINNING at the Northeast corner of Terry Addition, Unit No. 3~Plainview, Texas; THENCE East 372.5 feet to a point which bears 60 feet West from the bouthwest corner of a church tract; THENCE North 1,186 feet along a line 60 feet from and parallel to the West line of siad church tract to a point 35 feet North of the North line of Section 3&, Block JK-2, Hale County, Texas, said point being in the North line of 2&th Street; THENCE East 743 feet along a line 35 feet from and parallel to the North line of 24th Street; THENCE South 338.5 feet along the West city limit line of the City of Plainview to a point; . THENCE West 223 feet along the city limit line to a point in the West line of Yonkers Street; THENCE South 1,052.5 feet along the West line of Yonkers Street and siad City Limit line to a point in the North line of the Edgemere Addition, Unit No. 1; THENCE~ West 892.5 feet along the North line of the Edgemere Addition, Unit No. i and the city limit line to the Southeast corner of Terr~ Addition, Unit No. 3 THENCE North 205 feet along the East line of Terry A Addition, Unit No. 3, and the City Limit line to a point in the North line of 2Oth Street to. the place of beginning; having been duly considered by the City Council, finds that the above property is adjacent and contiguous to the present city limits of the City of Plainview; that said property is not used for farming purposes and is particularly adapted to urban use; that all the porperty owners and inhabitants of said area have executed the petition to have said property annexed. SECTION II It is ordered by the City Council that said petition be in all things approved and that the above described property be and the same is hereby annexed to the City of Plainview and that said PcrOperty from and after passage of said Ordinance become a part of the ity of Plainview and subject to taxation in the same manner as all other property in the city limits is now taxed and subject to all other rules, ordinances and regulations that are provided by law and the ordinances of the City of Plainview. PASSED, APPROVED AND ADOPTED THIS 7th day of January 1963. SEAL: 6f5~ B. HOOD ATTEST: P. H. BRYAN It was moved by Alderman Hanna and seconded by Alderman Stokes that the following resolution be adopted. THE MOTION CARR~D THE STATE OF TEXAS COUNTY OF HALE WHEREAS, on the 20th day of July, 1961, there was entered into by and between the City of Plainview and F. R. Curtis a lease agreemen~ leasing property owned by the City of Plainview and described as follows; A tract of land ou~ of the Northeast Quarter of Survey No. &O,~ Block JK-2, Sn the Town of Plainview, Hale County~ rexes, described by metes and bounds as follows: BEGINNI~] at a point in the North line of U. S. Highway ~ ~ No. 70~.~d ~97.7 feet of the Southwest corner of Block 53, Original Town of Plain~iew, Hale County, Texas; THENCE West 102.3 feet along the ~North line of said U S. Highway 70 to a point; ' THENCE North 100 feet to a~o~nt; THENCE East 102. 3 feet to a point; ~© THENCE South i00 feet to the Place of Beginning; - ~ and ~D WHEREAS, the said lease provides that the siad F. R. Curtis shall ~ not sub-lease said premises without the consent of the City Council of ~D the City of Plainview expressed in ~-resolution duly passed at a regular meeting ofssaid City C ~' - ounc.~l., and WHEREAS, the said E~aR~ Curtis has presented to the said City Council the lease agreement attached hereto, whereby he proposes to lease to A.M. McElroy upon terms and conditions of siad lease agreement the property described above, and he desires that the City Council consent to his sub- lease of siad lease~r~ttached to t~is resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview that permission be given and that the City Council does hereby consent and agree that a said F. E. ]~u~tieymay sub-lease the said premises above described to A.M. McElroy upon the terms and conditions ~-~'~ of said sub-lease agreement attached hereto. Provided, however, that nothing in this resolution shall be construed as relieving the said F. R. Curtis .... in any way from his obligations under the terms and conditions of his~ lease agreementswith the City of Plainview whereby he has leased the above described ]property, and further that any agreement between him ahd the said A.M. E Mc lroy for the sub=l~ase of said property subject to the terms and conditions of the original lease between the City of Plainview and F. R. Curtis, PASSED this the 7th day of January~A.D.,1963. ATTEST:, M. B. HOOD MAY~R: '~ity ~of Pl~'inview P. H. BRYAN STATE OF TEXAS COUNTY OF HALE I. P. H. BRYAN, City Clerk of the City of P!ainview, Texas do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by unaminous vote of the City Council of the City of Plainview, Texa$~ at its meeting on the _7th _ day of January, 1963. STATE OF TEXAS COUNTY OF HALE P. H. BRYAN CITY CLERK,CTt~o~ ~ ......... ~ Plainview BEFORE ME, the undersigned authority, on. this day personally appeared P.H. Bryan, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF £FFICm,) ~ this the__Sth___day of January, IRIS LOVELL NbTARY PU~LIC,'Hale~ C~ib~yV P E T !TI_O N_ THE STATE OF TEXAS COUNTY OF HALE TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAI_NViEW, TEXAS: Now comes MAURICE HANNA, LLOYD BELK AND LEM BROCK, and show to the Honorable City Council of the City of Plainview, Texas~ as follows: That the petitioners are the o~ners of the following ~ract of land located in Hale County, Texas, described as: BEGINNING ~t a point in the North line of Section 28, Block JK-2, Hale County, Texas, and 540 feet~West of its Northeast corner; THENCE S. 0~02'30'' W. 830.02 feet to the beginning- of a curve to the right; THENCE Southwesterly 102.3 feet along a curve to the right with a radius of 295.16 feet and a central angle ~f'19~51,30'' and whose chord is 101.79 faet long and bears S. 9~58'15" West to a point of tangency; THENCE S. 19~5&' W. 205 feet to a point North- east line of a 20 foot dedicated alley; THENCE N. 70~06' W. 899.92 feet along the Northeast line of said dedicated alley to a point; THENCE N. O~O$~&OE. 266.5 feet to a point; THENCE N. 0°02'30" E. 531.89 feet pass ~tha North line of said section 28 , in all 56~.39 feet to a point; THENCE N. 88~052'30'' E. 933.3 feet along a line para- llel to the North line of said Section. 28 to a point; THENCE S. O~O2'30" W. 37.5 feet to the Place Of Beginning. 2. Petitioners represent to ~he Honorable City Council of the City of Plainview, Texas, that they are taxRaM, ers, qualified voters and own the tract, of land hereinabove described, and that said tract of land lies adjacent to the present city limits to the City of Plainview, Texas. 3. Petitioners would further show the Honorable City Council that said territory and tract of land hereinabove described is con~ tiguous to the City Limits of the City of Plainview, Texas, and that said addition is in conformity with the plans in and for said Qity, is accessible to water, sewer and electricity. Petiti6ners further represent to the Honorable City Council that all of said land and property is suitable~ for bdilding sites, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview, ~hat said area be annexed to said City. ~,~EREFORE, the undersigned petitioners respectfully petition the Honorable City ~ouncil of the City of Plainview, Texas, that the said area, territory and tract of land above described he annexed to the City of Plainview and be subject to all ofn~ts authority, or- dinances, powers and governmental functions. M~URICE HANNA LOYD BELK ~EM BROCK THE STATE'OF TEXA'S ~ COUNTY OF HALE ~ BEFOP~ ME, the undersigned authority, in and ~or said County, Texas, on this day personally~appeared Maurice Hanna and Loyd Belk, known to me to be the persons whose names are subscribed to the fore~ going instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER I~ HAND AND SEAL OF OFFICE, this the 2nd DAY of~J~nuary , 1963 (SEAL) Tommie Johnson N~blic,Hale~'Coun%y,.Texas A Motion was made by Alderman Garrison ~and seconded by Alderman Cline that the petition be granted and that Ordinance N0.774 be passed bringing the land described in the petition into the City -Limits. THE MOTION CARRIED ORDINANCE NO._.~ 774 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND DETEP~INING THAT PETITION HAS BENN DULY SIGNED, AND THAT A MJ~JORITY OF THE RESIDENT ©UALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXm ATION AND MAKING SAID AREA SUBJECT TOTTHE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a Petition has been signed and filed with the City Clerk of t~e City of Plainview, Texas, petitioning the City Council of Plainview to annex and admit the following described area and territory into the City of Ptainview, Texas, to-wit; BEGINNING at a point in the North line of Section 26, Block JK-2, Hale County, Texas, and 540 feet West of its Northeast corner; thence S. 0~02'30'' W. 8~0.02 feet to the beginning of a curve to the right; THENCE Southwesterly 102.3 feet along a curve to the right with a radius of 295.16 feet and a ~entral angle of 19 51'30" and whose chord is 101.79 feet long and bears S. 9758'15'' W. to a-point of tangency; THENCE S. 19~54~ S. 205 feet to a point in the North- east line of a 20 foot dedicated alley; THENCE N. 70~O6' W. 899.92 feet along the Northeast line of siad dedicated alley to a point; THENCE N. 0~08'~0" E. 266.5 feet to a point; THENCE N. 0~O2'30" E. 531.89 feet pass the North line of said Section 28, in all 569.39 feet to a point; THENCE N. 88~ 52'30" E. 933.3 feet along a line para- llel to the North line of said Section w8 to a point; THENCE S. 0c02'30" W. 37.5 feet to the PLACE OF BEGINNING. WHEREAS, the City Council upon a consideration of said Petition has found and determined that a majority of the ~esident, qualified, taxpaying voters residing in said area have signed sais petition; and, WHEREAS, the City Council finds that all of said area~s con- tiguous to the present City Limits of the City of Ptainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1:it is found and determined by the City Council t~'~-6--~roperty described above, all of which lies and is situa~ted in Hale County, Texas, is contiguous to the City Limits of the City of P!ainview, Texas. : It is found and detemmined that a majority of the taxpaFing voters residing in the above described area ~l~i g e t file with the City Clerk, petition- n i~ i incorporate and annex the above described area into the corporate limits of the City of Plainview, Texas~, and that said Petition is in all respects regular and in compl!aince with Section 4 of the City Charter of the City of Plain~iew. SECT__:It is found, determines and ordered by the City C~~ the City of Plainview, Texas, that said petition in all things be granted and that the abov~ described area be and tihe same is in'all respects incorporated into and made a part iof the City Limits of the City of Plainview. SECTION~: tt is further determined and ordered by the City Counci~at the above described area from and after the effect- ive date of this ordinance be subject to the control and juris- diction of t~e City of Plainview and subjedDed to taxes and other assessments which may be levied by law from and after PASSED, APPROVED AND ADOPTED this the~7th DAY OF Januar~ , 1963 M. B. HOOD ~YOR,C~ty of Plainview ATTEST: ~~~Yof---~ew,Texas STATE OF TEX S COUNTY OF HALE I, P. H. BRYAN, CITY Clerk of the City of Plainview, Texas, dm hereby certif~ that hhe above and foregoing is a true and correct copy of Ordinance No. 77~ , adopted and enacted '----~--~ at its regular by the City Council of the City of Plalnvmew, Texas, meeting on January 7 ~ ,1963, by a unaminous vote of all members pres~, FIVE- ~--~BE~ of the City Council being present, and that--~id ordinance is mow of record in the Minutes of said City Council in Volume, Page_ GIVEN UNDER MY HAND AND SEAL OF SAID CITY, this the 8th day'of ~.January., 1963. P.H. BRYAN ~i6y Clerk,~-i~~w (SEAL) THE STATE OF TEXAS COUNTY OF HALE ii BEFORE ~, the undersigned authority, on this day personally appeared P. H. BRYAN__ ,known to me to be the~person andofficer whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same for the purposes and consider- ation therein expressed~ and in the capacity therein stated. GIVEN UNDER ~ HAND AND SEAL OF O~FICE ,this the gTH day of Januar_F_y________~ 1963. (SEAL) IRIS LOV~ELL Notary~ Public, Hale C0unty,Texas ORDINANCE N_.q. 7?5 A COMPREHENSIVE ORDINANCE REGULATING THE USE OF.LAND AND THE~,USEAND LOCATION OF BUILDINGS AND STRUCTURES; PROVIDING FOR AND ADOPTING AN OFFICIAL ZONING MAP; PROVIDING RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES; PROVIDING FOR APPLICATION OF DISTRICT REGULATIONS, NON- CONFORMING LOTS, USES OF LAND, STRUCTURES AND PREMISES; ADOPTING A SCHEDULE OF DISTRICT REGULATIONS; PROVIDING FOR PE~{iTTED USES, PARKING REQUIRE~NTS, EXCEPTIONS AND REGULATIONS PERTAINING TO EACH DISTRICT PROVIEDED FOR; REGULATING AND RESTRICTING THE HEIGHTH AND BULK OF BUILDINGS AND STRUCTURES; DETERMINING THE AREA OF PLACES SURROUNDING THE , DIVIDING THE CITY OF PLAINVIEW INTO DISTRICTS FOR SUCH PURPOSES; PROVIDING FOR THE ADMINISTRATION AND ENFROC~ENT OF SAID ORDINANCES; ESTABLISHING A BOARD OF ADJUSTMENT; REGULATING ITS PROCEDURE; DEFINING THE DUTIES OF THE BUILDING OFFICIAL AND THE BOARD OF ADJSUT>~NT AND THE CITY COUNCIL IN REGARD TO THE ADMINISTRATION OF SAID ORDINaNCE;PROVIDING FOR A SCHEDULE OF FEES,gHARGES AND EXPENSES; AMEND>~NTS TO THE ORDINANCE; RULES OF PROCEDURE FOR PUBLIC HEARING BEFORE THE PLANNING CO~?ISSION : DECLARING THE ~ROVIS'!ON~F'."~H~ ORDINANCE TO BE THE MINIMUM REQUIREMENTS. DIVIDING THE CITY OF PLAINVIEW INTO DISTRICTS FOR SUCH PURPOSES; ADOPTING A MAP OF SAID CITY SHOWING BOUNDARIES AND CLASSIFIG%TIONS OF THE ZONING DISTRICTS; PRESCRIBING PENALTIES FOR THE VIOLATION OF E. ND FAILURE TO COMPLY WITH THE PROVISIONS OF SAID ORDINANCE; REPEALING ALL ORDINANCES AND~PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIB OF THE CITY OF PLAINVIEW: SECTION 1 PURPOSE OF ZONING ORDINANCE THE ZONING REGULATIONS AND SISTRICTS AS HEREIN ESTABLISHED HAVE BEEN MADE IN ACCORDANCE WITH A COMPREHENSIVE PLAN for the purpose of promoting HeRlth,Safety, Morals and the General Welfare fo the City of Plainview. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other damggms; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable con- sideration, among other things, for the character of the district and its peculiar suitability for particular uses,~and with a view of con- semving the value of buildings and encouraging the most appropriate use of the land throughout the City of Plainview. '-SH~NT OF DISTRICTS SECTION 2 ESTABL± PROVISION FOR OFFICIAL ZONING MAP * 'A'j~FI~AVIT OF rPUBILIS,I~E~, ~ THE STATE OF TEXAS, Com~%y of Hale. Before me, the undersigned authority, on this day personally appeared .. J~m~. ]~,..O~Lw~ld ................ known [o me to be the publisher of the Plainview Heraid, a newspaper of genera][ circulation published in Plainview, Hale County; said aewspape~ has been continuously and regu- larly published in said County for a period more than one, year; who on oath deposes and says that a c~py of the attached was p~blished in the Plainview Daily Herald in its issues of ..]~'~]~'.~'~.J~ .............. and the attached clipping is a true copy of said publication. Publisher, Pla~nview, Texas ..... .~.a~'. :~..~ ...... 19.6.~. Sworn to and subscribed before me, this ..... 2~LS~ ........ day of .... . .~f~a.y ........... · :? "' i C'~oo~j P~'~l, ie, ~I'~l'~'~oUr~,'~'e'~i~'"~:~]~].'e S. Watson ~bn~'S Fee $ :~ ~ ~,~. ~. .... ~. The city is hereby divided into zones, or districts, as shown on the official Zonign Map, which, together with all expalnatory matter thereon, is adopted by reference and declared to be a part of this ordinance. 2. The Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Secretary, and bearing the Seal of the city under the following words:. "This is to certify that this is the Official Zoning Map referred to in Section 2 of Ordinance Number 775 of the City of Plainview, Texas, adopted .January 21,1963." 3. If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zonign Map promptly after the amendment has been approved by the City Council. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon this Official Zoning Map. The entry shall be signed by the Mayor and attested by the City Secretary. 4. No changes of any nature shall he made in the Official Zoning Map or matter shown thereon except in conformityn with the procedures set forth in this ordinance, Any unauthorized change whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under Section 20 of this Ordinance. 5. Regardless of the existance of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zonign Map whichshall be located in the Office of the City Secretary shall be the final authority as the current zonign status of land and water areas, buildings and other structures in the City. 6. In the event that the Official Zoning Map becomes damaged, de- stroyed, lost, or difficult ot interpret because of the nature or nuh~er of changes and additions, the City Council may. by resolution adopt a new Official Zoning Map which shall supercede the prior Official Zoning Map.~e!mewaOEficial Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have effect of amending the Original Xoning Ordinance. or any subsequent amendment thereof. The new OffiCial Zoning l~p shall be identified by the signature of the Mayor attested by the City Secretary, and bearing the seal of the city under the following words: "This is to certify taht this Official Zoning ~p supersedes and replaces the Official Zoning Map adopted , as part-of Ordinance No. ~3~:~(~ of the Cit~-of'-Plainview, Texas." . SECTION 3 RULES FOR INTERPRETATGON OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning M~p, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines~ of streets, highways or alleys shall be construed to follwo such center, lines; 2. Boundaries indicated as approximately following platted lot lines ahall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits shall be construed as following city limits; &~. Boundaries indicated as following railroad li~es shall be con- stued to be midway between the main tracks. 5.Boundaries indicated as approximately following the banks or center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such banks or center lines. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections I through 5 above shall so be construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. 7. ~nere physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, o~ in other circumstances and covered by subsections i through 5 above, the Board of Adjustment shall interpret the district Boundaries. SECTION & APPLICATION OF DISTRICT REGUALTIONS The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and ~articularly, e~cept, as herinafter provided: 1. No b.uilding, structure or land shall hereafter be used or aoc~p~e~, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed~ moved or structurally altered unelss in conformity with all of the regulations herein specified for the district in which it is located. ~ 2. No building or other structure shall hereafter be erected or altered: a. to exceed the height; b. to accomodate mr house a greater number of families; c. to occupy a greater percentage of lot area; d. to have narrower or smiler rear yars, front yards, side yards, or other open spaces; than herein required; or in any other manner contrary to the pro- visions of this ordinance. 3. No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be includedas part of a yard, open space, oroff-street parking or loading space similarly required for any other building. ~o No yard or lot existing at the time of passage-of this ordi- nance shall be reduced in dimension or area Below the minumum re-- quirements set'forth herein. Yards or lots created after effective dateoof this ordinance shall meet at least the minimum requirements established by this ordinance'. 5. All territory which may hereafter be annexed to the city Shall be considered to be zoned residential. Application for Building Permits for uses other than residential in newly annexed areas shall be referred to the City Plainning Commission by the Build- ing Official. The City Planning Commission may recommed denial, or in recommending approval of such building permit, the City Plan- ning Commission may impose such requirements and conditions with respect ot location, construction, maintenance and operation in addition to those expressly stipulated to those expressly stipulated in this ordinance for the particular use, as they may deem necessary for the protection of adjacent properties and public interest. The application together with the recommeddations~ of the City Planning Commission shall then be forwarded to the City Council for final authorization before issuance of a Building Permit. SECTION 5 NON-CONFOUndING LOTS, USES OF LAND, STRUCTURES, AND USES OF STRUCTURES AND PREMISES 1. Intent a. Within the districts established by this ordinance of amendments that may later be adopted there exists lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance of future amend- ment b. It is the intent of this ordinance to permit these non-con- formities to continue until they are removed, but not to encourage thief survival. Such uses are declared by this-ordinance bo be in- compatible with permitted uses in the districts involved. It is further the intent of this ordinance tha non-conformities shall not be enlarged upon, expanded or estended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. c.A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land shall not be extended or enlarged after passage of this ordinance by attach- ment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district in- volved. d. To avoid undue hardships nothing in this ordinance shall be deemed to require a change~in the plans, construction or designated use of any building on which actual construction was lawfully be- gun prior to the effective date of adoption er amendment of this ordinance and upon which actual building' construction has been diligently carried on. ActUal construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition of removal of an existing building has been substantially begun pre- paratory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building inv$1ved. 2. Non-Conforming lots of record In a district where single-family dwellings are permitted, a single- family detached dwelling may be erected on any lot of official re~ cord at the effective date of adoption of amendment of this Ordimance irrespective of its area are width, provided that yard dimensions and other~requirements not involv~g area or width~ or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and other requirements shall be obtained only through action of the Board of Adjustment. 3. Non-conforming ~ses of ~and?~ Where at the effective date of adoption or amendment of this or- dinance, lawful use of land ~xists that is made no longer per- missable under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such non-conforming use shall be enlarged or increased, nor shall be extended to occupy a greater area of land than was oc- cupie~at the effective .date of adoption or amendment of this or- dinance; b. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; c. If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulationg specified by this ordinance for the district in which such land is located. ~. Non-conforming structure Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built uner the terms of this ordiRance by reason of restrictions on area, lot coverage height, yards, or other characteristics of the structure or its location on ~he lot, such structure may be continued so long as it remains othes~wise l~wful, subject to the following provisions: a. NO such structure may be enlarged or altered in any way which increase its.non-conformity; b. Should such stru6ture be destroyed by any means to an extent of more hhan 50 percent of its replacement cost at time of destruction, it shall not he,reconstructed except in conformity with the provisions of this ordinance; c. Should such structure be moved £or any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 5. Non-conforming uses of ~tructures 'If a lawful use of a structure and premises in combination, exists at the effective date of adoption or amendment of this ordin- ance, that would not be allowed in the district under the terms of this ordinance, the lawfu~ use may be continued so long as it re- mains ohherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this or- dinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; b. Any non-Conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the timeoof adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building; c. If no structure alterations are made, any non-conforming use of a structure, or structure and premises, amy be changed to an- other nonconforming use provided that a Board of Adjustment, either by general rule or making findings in the specific case, shall find that the proposed use is equally appropriate to the district than ~he existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this ordinance; d. Any ~tructure, or structure and land in combination, inoor on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the~regulations for the district in which.such structure is located, and the non-conforming use may not thereafter be res~ed; e. When a non-conforming use of a structure, or structure and pre- mises in combination, is discontinued or abandoned for 6 conseeu- tiEe months or for 18 months during any three year period, the struc- ture, or structure and premises ~ombination, shall not thereafterb~e used except in conformance with the regulations of the district in which it is located; ~. Where non-conforming use status to a structure and premises in combination, removal or destruction of the structure shall e- liminate the non-conforming status of the land. 6 Repairs and ~iaintenance a. On any building devoted~in whole or in part to any non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls fixtures, wiring,or plumbing, to an extent not exceeding l0 per- cent of the current replacement value of the building, provided that the cubic ~ontent ot he building as it existed at the timeof the passage or amendment of this ordinance shall not be increased. 260 b. Nothing in this ordinance shall be deemed to prevent the strength- ening or restoring to a safe condition of any building or part there- of declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 7. Uses under exception provisions no non-conforming uses Any use for which an e~ception £srp~bted as provided in this ordinance shall not be deemed a non-conforming use, but shall with- out further action be deemed a conforming use in such district. SECTION 6 SCHEDULE OF DNSTRICT REGULATIONS ADOPTED 1. District regulations shall be set forth in the Schedule of District Regual~ions, hereby adopted by reference an deClared to be a part of this ordinance, and in Section 12 of this ordinance, entitled "Supplementary District Regualtions". 2. The several districts hereby established and into which the City of Plainview is divided are designated as follows: R-A DISTRICT: Single-family Agricultural District -5 acres minimum lot area per dwelling unit. R-1 District: Single-family Residential District- 8000 sauare feet minumum lot a~a per dwelling unti. R-2 District: Single-family Residential District- 6000 ~quare feet minimmm lot area per dwelling unit. R-3 District: Multiple-family Residential District~ 1500 w~uare feet minimum lot area per dwelling unit on a lot of'6000 s~uare feet or more. C-1 District: Re~ail Business District. C-2 District: General Commercial District. M-1 District: Light M~nufacturing District. M-2 District: Heavy M~nufacturing District. SECTION 7 R (RESIDENTIAL) DISTRICTS Purpose The residential use districts are designed to encourage a proper envimmnment for family living by permitting certain appro- priate institutional uses to be located within residential neigh- borhoods and by excluding commercial activities, Certain minimum setbacks, open spaces, densities and site areas have been required~ to insure the provision of open space, and to avoid overcrowding and to serve a wide range of individual requirements. Single Family Agricultural District: R-A c6nsists m~inly of UnsubdiviS&d land wi{hin the flood plain of'Run- ning Water Draw that is mainly vacant or being used for agricultural purposes with some dwellings, accessory, and oommercial uses. in addition to the general purposes applying to all residential dis- tricts, the regulations are designed to prevent intensive residen- tial and commercial development of land within the flood plain in_ order to prevent excessive encraachment of buildings on the natural waterway of Running Water Draw and also to conserve such land with- in the flood plain for eventual public use. Residential Districts R-! and R-2 ~'0f ire'as ~con6aini~g single-family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to all residential dis- Dmicts, the regulations of districts R-1 and R-2 are designed to encourage the provision of single family detached dwellings mn low density residential areas. Residential District Consists ma~which contain some two-family or multiple family development or'which are centrally located or suitable for ultimate two-family or multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of district R-3 are designed to encourage the provision of conveniently located, centrally maintained rental accomodations. 1. permitted Uses and Parking Requirements a. In the R-A District no land shall be used and no building shall be erected for or converted to any use other than: Permitted Use. Parking Ratio A single family dwelling unft~on a minimum site of five acres Accessory building, servants quarters, garage or carport, domesti~ and agricultural storage. Animgl and poultry husbandry, dairying and pas- turage, but not including the feeding of garbage of offal none Field crops, horticulture, nursery, truck gardening, but not including retail sales on the premises nome Public park, playground or playfield none 1/unit none b. In the R-1 and R-2 Districts no land shall be used and no building shall be erected for or converted to any use other than' Permitted Us. __. .e Rarking Ratio A single family dwelling unit 1/unit ACcessory building;servants quarters, garage or car port, domestic or agricultural storage, none Animal and poultry husbandry, dairying and pasturage, but not including the feeding of garbage or offal on a minimum site of five acres. None Church or other place of worhhip, including parish houses and Ounday Schools, but excluding rescue missions or temporary revivals 1/~ seats Field crops, horticulture, nursery, truck gardening, but not including retail sales on the premises Golf courses~ but not including commercial~ golf games or amusement none Theological school or similar institution of religious training on a site of five acres ~ or more 1/3 beds Public Park, playground or playfield, none Sign real estate, "for sale", lease, "sold", "rent" not eceeding 6 square feet in area and A feet in height, none Sign bulletin as an accessory use to a church, school, institutionof public agency for announcement purposes not exceeding 12 square feet in area and 6 feet in height, none Sign identification limited to the name of the occupant and his occupation, not exceeding 2 square feet in area and 2 feet in height, none Swimming pool private none Schools; elementary, high, college and univer- sities, public, private or denominational 2/employee Railroad rights-of-way but not including shops and yards none Tract offices and construction buildings which shall be removed upon completion of abandon- ment of construction work none Home occupations, any occupation that is none customarily carried on at home that does not involve a structural change in the dwelling unit or in a building accessory to the dwelling unit, that does not require the employment of help other than members of the immediate family, the installation of equipment or electric motors exceeding a total limitation of e horsepower per dwel- ling unit, provided however that the following uses shall not berpermitted as customary home occupations. Any office in which chattels or goods, merchandise are commercially created, exchanged or sold; Barber or beauty shops; Beauty culture schools;Commercial stables or kennels; Doctor's office for the treat- ment of patients; and or the display of goods. ~C. In the R-3 district no land shall be used and no building shall be erected for or converted to any~use other than: Permitted Use Parking Ratio An apartment house, duplex or housing project. 1/unit · Hospital;general, not including animal 1/3 beds 262 Permitted Use Rooming, boarding house, and/or tourist home Any use'permitted in the R-l~'~and R-2 districts. 1/unit 2. Height Regulations. Nomstructure shall exceed 30 feet, or 2 stories in the R-A, R-l, R~2 and R-3 districts. 3. Lot area, lot width and set back regualtions. The following minimdm requirements shall apply. Lot Lot Area in Width Square in District Feet Feet Front Rear One Bot-~------- R-A~ 5 acres 200' -' 30 '-30 .... 15 '50 ' ' R-1 8,000 70 30 30 5 10 R-2 6,000 50 25 30 5 lO R-3 6,000 50 25 30 5 20 Set-back in Feet .Si~-Ya~d Exceptions a. In all cases where the side yard is adjacent to a side street, the side yard shall not be less than l0 feet. b. Where the rear yard of a lot 'is adjacent to a street, the required building setback shall be eqaal to the front yard set-back require- ments of said street. Other required conditions a. Site Plan. Where new dwelling construction or additions to an existing building in any district provide dwelling units for more than two families on a single lot or tract of land, a site ~an shall be ~ submitted to and approved by the Building Official prior to the issuance of a Zoning Permit. b. The total floor area of any building or buildings on a lot in the R-3 District shall nod exceed 60 percent of the total number of square feet in the lot. c. Building Area. The maximum allowable building area in the R-3 District shall be 30 percent of the gross area of the lot or the tract of land. d. In the R-A, R-1 and R-2 districts only one single-family dwelling shall be constructed on each lot. Bona fide servants quarters, how- ever, may be provided in an accessory building at the rear of the property in accordance with the requirements set forth in Section l2. e. In the R-3 district multiple-family dwellings may be constructed on any lot provided that: The minimum land area~per family unit is not less than 1,500 square feet. The maximum number of family units allowable on any lot where multiple-family dwelling units are permitted shall be deter- mined by dividing the total number of souare feet in the lot by 1,500. f. Single family development within the R-3 district. The lot area, lot width and set-back regulations shall be the same as the R-2 dis- trict. SECTION 8 C-1 (RETAIL BUSINESS) DISTRICT Pqrpose The commerical use districts are located within the downtown ~rea and on major thoroughfares and highways, The commercial district regualtions are designed to permit development of these districts for thief respective purposes and to protect nearby residential areas by requiring certain minimum yard, area, parking and loading requirements to be met. Commercial District C-1 consists mainly .of land occupied by or suitable for neighborhood shopping facilities for the retailing of "convenience goods" and the furnishing of certain personal services to satisfy most of the daily meeds of the adjacent residential neigh- borhood. The district also provides space and facilities for financial, adminsitrative, government and business services within the doWntow~ Central Business Area. Permitted Uses and Parking ReGuirements a. In the C-1 District, no land shall be used and no buildifig shall be erected for or converted to any use other than: Permitted Uses Any use permitted in an R. district Ambulance service Art; supply store, antiques, gallery or museum, commercial or public Auditorium, arena, coliseum, or theatre. Automobile accessory and supply store Automobile service station. Automobile parking lot or garage Automobile rental or taxies storage and repair. Autdmobile sales, new or used. Bakery retail Bank, savings and loan association, trust company. Barber shop or beauty parlor Blue printing and.similar reproduction processes Book store or lending library commercial Business machines, sales, service, rental and repair Bus station Camera or photographic supplies~:~tore Candy, nut, confectionery store Caterer. Christmas trees and wreaths, retail temporary Clinid or office, medical Clothing, apparel and accessory store including rental of formal wear and costumes. Club or lodge. Department store Drug Stores. Dry Cleani~ package plant, or pick-up station. Eating place enclosed Floor covering sales retail. Florist shop, greenhouse (P~rking requirement does not include greenhouse or open stock) Food or grocery store retail. Food locker plant for consumer use Funeral home, mortuary or undertaking establish- ment. Furniture, appliances and home furnishings .retail sales, repair or custom upholstery Fur shops or hat shop Gift, novelty shop. Hardware store and small tool rental, but not including sales of lumber or industrial hardware. Hobby shop or supply store. Hotel Ice Vending establishment. Institution non-residential. Jewelry store. Laboratory, medical or dentgl. Laundry, package plant, pick-up station or self-service. Loan office or p~wn shop. locksmith or key shop. Manufacturing or baked goods, candy, delicatessan foods and ice cream. Motel Music store, phonograph records ~etail sales. Newspaper distribution station. Office, an y type. Opticalgoods, optician, optemetrist. Orthropedic or medical shoe or appliance store and repair. Paint an~ wallpaper store or decorators shop. Pet shop. Parking Ratio 1/1.5 employee l/2OO 1/~ seats l/2OO none none none none ~/~eo 1/200 1/200 1/2oo 1/200 1/~oo none 1/2oo 1/200 1/200 none 1/200 1/2©0 1/~o0 1/200 1/2oo 1/200 1/~oo 1/~oo ]../200 l/2OO :]./2oo 1/3 seats 1/~oo 1/,2oo 1/200 1/200 1/200 1/21units none l/~OO 17200 1/~oo 1/2oo 1/2oo 1/goo 1/~oo i/unit l/~OO none l/~OO 1/2oo // 400 2OO l/ 200 For the remainder of this ordinance refer to "ZONING ORDINANCE OF THE CITY OF PLAI~¢fIEW". It was moved by Alderman GarrRson and seconded by Alderman Cline, that. Ordinance No. 77¢ be adopted. WHEREAS, Ordinance No. 775, "ZONING ORDINANCE OF THE CITY OF PLAINViEW"~ was Adppted and Passed This the 2!st Day of January, 1963. M. B. HOOD M.'B. Ho0d;' Mayor, City of Ptainview ATTEST: M. L. REA CITY CLERK PETITION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLA!NVIEW, TEXAS: Now comes W. A. Alexander and would show to the Honorable City Council of the City of Plainview, Texas as follows: I. That your petitioner, whose signature is affixed hereto, is the owner of the following tract of land located in Hale County, Texas and more fully described as follows: A tract of land out of the Northeast Quarter of Section 28, Block J-K2 in Hale County, Texas, described by the metes and bounds as follows: BEGINNING at a point in the North rdght-of-way line of U.S. Highway No. 70 as established by conveyance from grantors to the State of Texas dated September 14, 1951, recorded'in Book 227, page 7~, Deed Records, Hale County, Texas, and 425 feet Southeast from the point where this right-of-way line inter~ sects the east line of the 8 acres conveyed by Price Holland to the Phillips Petroleum Company by deed dated July 17,1959, recorded in Book 343, page 605 of the Deed Records of Hale County, Texas; THENCE South along the west city limits line to a point in the south right-of-way line Of U~.S. Highway No,70; THENCE North 70* 09' West along the South right-of-way line of U.S. Highway No. 70 to a point which bears south 19' 51' west 120 feet from the ~aid point of intersection of the North right-of-way line of U.S. Highway No. 70 with the east line of said 8 acres tract; Thence North 19' 51' East along the east6rly line of said 8 acre tract to its northeast corner; THENCE South 70* 9' East 220 feet in a line which is in pro- jection of the northerly line of the 8 acre tract; THENCE in a Southeasterly direction to the place of be- ginning; II. Petitioner hereby represents to the Honorable City Council of the City of Plainview, Texas, that k~e is the only tax paying, cualified voter residing in said tract of land and territory here- inabove described and that said tract of land lies adjacent to the presen~ city limits of the City of Plainview, Texas. III. Petitioner will further show the Honorable City Council that said tract of land is contiguous to the city limits of the City of Pl~inview, Texas. Petitioner further represents to thee Honorable City Council that all of said land and property is suitable for business pur- poses~ and that it is desirabl$, expedient and for the best interest of the residents of said area an~ of the City of Plainview that said area be annexed to said City. WHEREFORE, I, the undersigne~ petitioner, respectfully peti- tions the Honorable City COuncil of the City of Plainview, Texas that the said area, territory and tract-of land above described be annexed to the City of Plainview and be subject to all its authority, ordinances, powers and governmental functions. W.A. ALEXANDER OaOIN^NC~ NO. 7_76 AN ORDIN'ANCE ANNEXING AND INCORPORATING INTO THE CITY' LIMITS OF THE CITY OF PLAiNVIEW, TEXAS, AN AREA ADJACENT THERE~O AND FIND~ ING AND DETERMININ~ THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYiNG VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXATION AND MAKING SIAD AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAI~fIEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the City of Plainview, Texas, petitioning the City Council of the City of Plainview, to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: and A tract of land out ot the Northeast Quarter of Section 28, Block JK-2 in Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the North right-of-way line of U.S. Highway No. 70 as established by conveyance from ~rantors to the State of Texas dated September 14, 1951, recorded in Boo 227, page 7~, Deed Records, Hale County, Texas, and 425 feet Southeast from the point where this right-of-way line intersects the east line of the 8 acres conveyed July 17,1959 recorded in Bood 343, page 605 of the Deed Records of Hale County, Texas; THENCE South along the west city limits line to a point in the south right-of-way line of U.S. Highway No.70; THENCE North 70~ 09' 'West along the South right-of-way line of U.S. Highway No. 70 to a point which bears south 19~ 51' west 120 feet from the said point of intersection of the North right-of-way line of U.S. Highway No. 70 with the east line of said 8 acre tract; THENCE North 19~ 51' East along the easterly line of said 8 acre tract to its northeast corner; THENCE South 70~ 9' East 220 feet in a line which is in pro- jection of the northerly line. of the 8 acre tract; THENCE in a Southeasterly direction to the place of beginning; WHEREAS, the City Council upon consideration of said petition has found and determined that a majority of the resident quali- fied taxpaying voters, residing in said area have signed said petition; and WHEREAS, the City Council finds that all of said area is conti- guous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: ~eQtion l: It is found and determined by the City Council that the following described tract of land, to-wi~: - A tract of land out of the Northeast Quarter of Section 28, Block JK-2 in Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the North right-of-way line of U.S. Highway No. 70 as established by conveyance from grantors to the State of Texas dated September l&, 1951, recorded:tin Book 227, page 74,~ Deed Records~ Hale County, Texas, and 425 feet southeast from the point where this right-of-way line intersects the east line of the 8 acres conveyed by Price ~olland to the Phillips Petroleum Company by deed dated July 17,1959, re6orded in Book ~43, page 605, of the Deed Recors of Hale County, Texas; THENCE South along the west city limits line to a .point in the south fight-of-way line of U.S. Highway No 70;~ THENCE North 70~ 09' West along the South right-of-way line of U.S. Highway No. 70 to a point which bears south 19~ 51' west 120 feet from the said point of intersection of the North right-of-way line of U.S. Highway No. 70 with the east line of said 8 acre tract; THENCE North 19~ 51' East along the easterly line of said 8 acre tract to its northeast corner; THENCE South 70~ 9' East 220 feet in a line which is in pro- jection ofm the.northerly line of the 8 acre tract; THENCE in a Southeasterly direction to the place of beginning; and all of which land lying and' being situated in Nale County, Texas and is contiguous to the City Limits of the City of Plainview, Texas. Section 2: It is found and determined that a majority of the qualified taxpaying vo~ers residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to adamit, incorporate and annex the above described area into the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Section ~ of the City Charter of the City of Plainview. Section 3: It is found, determined and ordered by the City Council of Plainview~ Texas, that s~id petition.in all things be granted and that above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. Section 4: It is further determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be subject to the control and jurisdiction of the City of Plainview and Subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED,APPROVED AND ADOPTED, this 1963. 7 day pfJanu_~, ATTEST: M. B. HOOD ~.~ ~B. HOOD,' May~ Plainview, Texas M. L. REA ' ~*~-~j- ~EA, City C~erk City of Plainview, Texas ORDINANCE NO. 777 and _7.78 Ordinance authorizing issuance of $600,000 "CITY OF PLA INViEW TEXAS GENERAL OBLIGATION , , BONDS, SERIES 1963" and $150,000 "CITY OF PLAINVIEW, TEXAS, PARK BONDS, SERIES 1963", DATED JANUARY 15, 1963 THE STATE OF TEXAS CITY OF PLAINVI~ COUNTY OF HALE ON THIS the 2_~_1 day of January, 1963, the City Council of the City of Plainview, Texas, convened in regular ,' ~ session, at the regular meeting place thereof.in the ~i6y HalI, there being present and in attendance the following members, to-wit: M. B. HOOD R~YOR ¥~URICE HANNA ) KELTZ GARRISON ) ALDERMEN C. B. CLINE, JR. } GEO. L. TAYLOR ) AMd ~ith the following absent: Alvin Stokes constituting a quorum; and among ~bh~r proceedings had by Said City Council were the following: Mayor Hood read a propased ordinance. The ordinance was read in full~ Alderman Taylor made a motion that any rule requiring ordinances to be read at more than one meeting be suspended. The motion was aeconded by Alderman Cline and aarried by the following votes: AYES': Aldermen Hanna, Garrison, Cline and Taylor NOES:~ None Alderman Taylor made a motion that the Ordinace No. 778 be passed finally. The motion was seconded by Alderman ~Cline and carried by the following votes: AYES: ALDERMEN Hanna, Garrison, ~Cline and Taylor NOES: None The Mayor announced that the ordinance had been finally passed. : The ~Ordinance is as follows: "AN ORDINANCE by the City Council of the City of Plainview, Text, authorizing the issuance of $600,000 "City of Plainview, Texas, General Obligation Bonds, Series, 1963", for the following purposes: $325'$000 for constructing street improvemnets in and for said City, $230~000 for constructing a new City Hall Building in and for aaid City, $45~000 for remodeling and improving the existing City Hall Building to house police and corporation courts; authorizing the issuance of $150,000 "City of Plainview Tex~s, Park Bonds, Series 1963" for the purpose of purchasing and/or improving lands for public parks in and for said City; all said bonds being dated J~nuary 15, 1963; levying a contin- uing direct annual ad valorem tax on all taxable property w within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; and enacting provisions incident and relating to the purpose and subject of this ordinance.~ WHEREAS, pursuant to an election held in the City of Plainview, Texas on the 27th clay of November, 1962, a majority of the duly qualified electors of said City, who owned taxable property therein and who had duly renedered the same for taxation, sustained propositions authorizing the City Council to issue general obligation bonds of the City to mature serially over a period of years not to exceed TWENTY~(20) years from thier date and to bear interest at a rate not ot exceed FOUR AND ONE~HAEF PER CENTUM (4-1/2%) per annum, for the following purposes, to-wit: $325,000 general obligation bonds for the purpose of constructing street improvemnets in and for sai'd City; $150,000 general obligation bonds for the purpose of purchasing and/or improving lands for public parks in and for said City; $230~000 general obligation bonds for the purpose of constructing a new City Hall Building in and for said City; $45,0OO general obligation bonds for the purpose of remodeling and improving the existing City Hall Building to house police and Corporation Courts; AND WHEREAS, All ~f the aforementioned bonds authorized at the election held November 27, -1962, remain unissued and unsold; and WHEREAS, the City Council deems it advisable and to the best interest to issue a single =ombined series all of the bonds herein provided to be issued except those to be issued for park improvemants, which are to. constituDe a separate series; and ?~EREAS, the City Council now considers it necessary and proper to proceed with the issuance of such general obliga- tion bonds$ therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL~INVIEW: (PERTAINING TO THE GERERAL OBLIGATION BONDS) SECTION 1: That the bonds of s~id City, to be known as "CITY O?>-J]A-~I~, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1963", be and the same are hereby ordered to be issued in the principal sum of SiX HUNDRED THOUSAND DOLLARS($600,OO0) for the following purposes: $325,000 for constructing street improvements in and for said City., $230,000 for constructing a new City Hall Building in and for aaid City, and $45,O00 for remodeling and improving the existing City Hall Building to house police and corporation courts, under and by virtue of the Constitution and laws of the State of Texas. SECTION 2: That said bonds shall be numbered consecu- tively--~-6~ (1) to One Hundred Twenty (120), both inclusive; shall be in denomination of Five Thommand Dol~s(gS,000) each, aggregating SIX HUNDRED THOUSAND DOLLARS ($600,000); shall be dated ganuary 15, 1963; and shall become due and payable serially on January 15 in each of the years, in accordance with the follow- ing schedules: AMOUNT MATURITY AMOUNT MATURITY $5,000 1966 $25,000 1972 5,000 1967 25,000 1973 5 ,0OO 1968 120,OOO 1974 5,000 ~969 125,O00 1975 268, A~OUNT MATURITY AMOUNT MATURITY $5,000 1970 $130,000 1976 15,000 1971 135,O00 1977 PROVIDED, HOldOVER, that the City reserves the right to redeem bonds maturing in each of the years 1974 to 1977, both inclusive, of this series, in whole or in part, but in inverse numerical order if less than all, on January 15, 1973, or on any interest payment date thereafter, at the price of par and accrued interest to date fixed for redemption; and PROVIDED, FURTHER, that at least thirty (30) days prior to any interest paymnet date upon whiCh any of said bonds are .to be redeemed~ notice of redemption signed by the City Secretaty (specifying the serial numbers and amount of bonds redeemed) shall have been filed with the HALE .COUNTY STATE BANK, Plainview, Texas, or at the option of the holder at THE CITIZENS NATIONAL BANK~ LUBBOCK~ TEXA~ ~ing agents named in each o~ said ~onds), and shoudl any bond or bonds not be presented for ~edemption pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. SECTION 3: That the form of said bonds shall be substa~s follows: NO. UNITED STATES OF A~ERI~A $5,000 STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION BOND, SERIES 1963 The CITY OF PLA INVIEW, a municipal corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to bearer, the sum of FIVE THOUSAND DOLLARS ($5,000) in lawful money of the United S~ates of America, on the FIFTEENTH DAY OF JANUARY, 19~, withinterest thereon from the date hereof to maturity at the rate of PER CEN~UM ( ~) per annum, payable on January 15,~4~ and semi- andy thereafter onJuly 15 and January 15 in each year; and. interest falling due on or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons here- to attached, as they severally become due. BOTH PRINCIPAL and interest of this bond are hereby made payable at the HALE COUNTY STATE BANK, Plainview, Texas, or at the option of the hol~er at , without exchange 6r c°ilec6isn ~ges to ~-h~ owner or holder, and for the prompt pa~vment of this bond and the interest thereon at maturity, the fdll faith, credit and resources of the City of Plainview, Texas, are hereby irrevocably pledged. THIS BOND is one of a series of ONE HUNDRED T~NTY (120) serial bonds, numbered consecutively from One (1) to One Hundred Twenty (120), both inclusive, in denomination of Five Thousand Dollars ($5,000) each, aEgregating Six Hundred Thousand Dollars ($600,000) issued for the following purposes: $~25,O00 for for constructing street improvements in and for said City, $~30,OO0 for constructing a new City Hall Building in and for said City, and ~45,O00 for remodeling and improving the existing City Hall Building to house police and corporation courts, under authority of the Constitution and laws of the Stat of Texas and pursuant to an ordinance duly adopted by the City Council of the City of Plainview, Texas, and duly recorded in the MinuDes~of said City ouncml AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the right to redeem bonds maturing in each of the years 197~ to 1977, both inclusive, of this series, in whole or in part:, but in inverse numerical order if less than all, on January 15, 1973, or on any interest payment date thereafter, at the price~of par and accrued interest to date fixed for redemption; PROVIDED,HO~FEVER,that at least thirty (38)days prior to any interest payment date upon which any of said bonds are to be redeemed, notice of redemption signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the HALE COUNTY STATE BANK, Plainview, Texas and U ; and should any bonds or bond'not~esented for redemption pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this bond and the series of which it is a part, is duly authorized by law and. by a vote of the resident auatified electors of the City of Plainview, who owned taxable property therein and who had duly rendered the same for taxation, ~oting at an election held for that purpose within said City on the 27th day of November, 1962,; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond, have been properly done and performed and have happended in regular and due time, form and manner as re- quired by law; that sufficient and proper provision for the levy and collection of taxes has been made.which, when collected, shall be appropriated exclusively to the payment of th~ bond and the series of which it ~s a part, and to the payment of the interest coupons thereto annexed as the same shall become due; and that the total indebtedness of the City of Plainview, Texas, including the entire series of bonds of which this is one does not exceed any constitutional or statutory limitation. IN TEST~[ONY WHEREOE, the City Council of the City of Plainview~ Texas, in accordance with the provisions of the "~exas Uniform Facsimile Signature of Publia Officials Act", enacted by the 57th Legislature of Texas at its ~egular Session in 1961, has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and th~s bond and its appurtenent coupons to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City; the date of this bond in conformity with the ordinance above referred to being the FIFTEENTH DAY OF JANUARY, 196~. COUNTER SIGN ED: ~AYOR, C~-6-~ ~0f Pla~'nv~ew, ~exas C~y Secretary, ~--~~view, Texas SECTION 4: That the form of interest coupons attached to eac o~bonds shall be substantially as follows: NO ON THE FIFTEENTH DAY OF , $ 19 ~(unless the bond to which this coupon pertains has--~n properly called for redemption in accordance with its terms)., the CITY ~ PLAINVIEW, ~ municipali~rporation of the State of Texas, hereby promises to pay to bearer at the HALK COUNTY STATE BANK, Plainview, Texas or at the option of the holder, at , without exchange or c~ c--~ges to ~h-~wner or~-~lder, the sum of DOLLARS (~___ ) in lawful money of the United States of America, said sum ~ months' interest due that day on "CITY OF PLA2NVIEW,~, GENERAL OBLIGATION BOND, SERIES 1963", dated January 15~ 1963. Bond No. ~'~'.~..'~ City Secretary Mayor ~Note to Printer:The expression in parenthesis to be included on~n coupons--maturing July 15, 1973, and subsequent pertain- ing to the optional ~onds maturing in the years 1974 to 1977, inclusive. (PERTAINING TO THE PARK BONDS) SECTION 5:---~ of the C~y of Plainview, Texas, to--own as "CITY OF PLAINVIEW, TEXAS, PARK BONDS, SERIES 1963", be and same are hereby issued under and by virtue of the Constitution and laws of the State of Texas, in the princiDal sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for the purpose of purchasing and/or improving lands for public parks in and for said City. SECTION 6: That said bonds shall be numbered consecu- tively-~~ (1) to Thirty(30), both inclusive, and shall be in denominations fo Five Thousand Dollars ($5.~000) each, aggre- gating the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS($150,O00); shall be dated January ~15, 1963; and shall become due and payable serially on January 15 in each of the years in accordance with the following schedule: AMOUNT MATURITY AMOUNT MATURITY' $5,000 19o4 $5,000 1971 5,000 1965 5,000 1972 5,000 1966 5,OO0 1973 5,000 1967 25,000 197& 5,000 1968 25,000 1975 5,000 1969 25,000 1976 5,000 1970 25,000 1977 PROVIDED, HOWEVER, that the City reserves the right to redeem bonds maturing in each of the years 197~ to 1977, both inclusive, of this series, in whole or in part, but in inverse, numerical order if less than all, on January 15, 1973, or on any interest payment date 'thereafter, at the price of par and accrued-interest to date fixed for redemption;and PROVZDED, FURTHER, that at least thirty (30) days prior to any interest payment date upon which any of said bon4s are to be redeemed, notice of redemption signed by the City Secretary (specifying the serial numbers and amount of bonds to be .redeemed) shall have been filed with the HALE COUNT% STATE BANK, Plainview, Texas, or at the option of tm date so fixed for redemption. SECTION 7: That the form of said bonds shall be substa~s follows-. NO__ UNITED STATES OF A~R!CA ~5,000 STATE OF TEXAS COUNTY OF HALE CITY OF PLAtNVIEW, TEXAS, PARK BOND, SERIES 1963 THE CITY OF PLAINViEW, a municipal corporation of the State of Texas, acknowledges itself indebted~o and FOR VALUE RECEIVED hereby promises to pay .to bearer, the sum of FIVE THOUSA~ DOLLARS ($5,000) in lawful money of the United States of America, on the FIFTEENTH DAY OF JANUARY, 19 : , with interest thereon from the date hereof to maturity at the rate of Per Centum ( %) per annum~ payable on January 15V~196~, ~d semi-annually thereafter on July 15 and January 15 in each year; and interest falling due on or prior to amturity hereof is payable upon presentation and zRrrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL and interest of this bond are hereby made payable at the HALE COUNTY STATE BANK, Plainview, Texas, or at the option of the holder at ~ exc~ge or Co~lgctio~ ~ha~ges to the own~6~61-~, ~ for the prompt payment of this bond and the interest thereon at maturity, the full faith, credit and resources of the City of Plainview, Texas, are hereby irrevocably pledged~ THIS BOND is one of a series of Thirty (30) serial bonds, numbered consecutively from One (l~) to Thirty (30), both inclusive, in denomination of Five Thousand Dollars (85,000) each, aggre- gating ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,00) issued for Dhe purpose of pUrchasing and/or improving lands for public parks in and for said CitY~ under the authority of the Constitution and laws of the State of Texas and pursuant to an ordinance duly adopt- ed by the City Council of the City of Plainview, Texas, and duly recorded in the Minutes fOf said City Council. AS SPECIFIED in the o~dinance hereinabove mentionad, the City reserves the right to redeem bonds maturing in each of the years 197~ to 1977, both inclusively, of this series, in whole or in part, but in inverse numerical order if less than all, on January 15, 197~, or on any interest payment date thereafter, at the price of par and accrued interest to date fixed for redemp- tion; PROVIDED~ HOWEVER, that at least thirty (~0) days prior to any interest payment date upon which any of said bonds are to be redeemed, notice of redemption signed hy the City Secretary (s~ecifying the serial numbers and amou~h of bonds to be redeemed) shall have been filed with the HALE COUNTY STATE BANK, Plainview , Texas and And should--a~~~ not e~e-ge-~e~r redemption pur- sugnt to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. ~ IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of th~ bond.and the series of which it is a part, is duly authorized by law and by vote of the ~esidentsqua!ified electors of-the City of Plainview, who o~ed taxable~property therein and Who duly rendered the same for taxation, voting at an election held for that purpose within sai~iCity on the 27th day of November, 1962; that all acts, conditions and things re- quired to be done precedent to and in issuance of this series of bonds and of this bond, have been properly done and performed and have happened in regular and due tim~, form and mmnner as required by law; that suffiecient and proper provision for the levy and collection of taxes has been made which, when collected, shall be appropriated exclusively to the payment of this bond and the series of which it is a part,'~and to the payment:of the interest coupons thereto annexed as ths same shall become due; and that the total indebtedness of.the City of Plain¥iew, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional or statutor limitation. IN TEST~ONY ~REOF, the Cmty Council of the City of Plainview, Texas, in accordance with the provisions of the "TEXAS Uniform Facsimile Signature of Public Officials Act~, enacted by the 57th Legislature of Texas at its Regular Session in 1961'~ has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and this bond and its appurtanant coupons to be executed with the imprinted facsimile signatures of the M~yor and City Secretary of said City; the date of this bond in conformity with the ordinance abo~e referred to being the FIETEENTH DAY OF JANUARY, COUNTER SIGNED: Mayor, City of P~inview,Texas C~ty~'-~-~ecre---~ary, City of Plainview, Texas SECTION 8: That the form of interest coupons ~ttached to eac~ of sa--~'~bonds shall substantially as follows: NO ON THE FIFTEENTH DAY OF $ 19 ~(unless the bond to which this coupon pertains has been properly called for redemption in accordance with its terms), the CITY OF PLAINVIEW, a municipal corporation of the State~ofmTexas, hereby promises to ~ay to beare~ at the HALE COUNTY S~ATE BANK, Plainview Texas, or at the option of the holder, at , with'out exchange 'or ~ges to the owner or holder, the sum of DOLLARS ($ ) in lawful money of the United States of America, sa~-~ sum being months' interest due that day on "CITY OF ~LAINVIEW, TEXAS~-~-P~BOND, SERIES 196~~, dated January 15,196~. Bond No. 6Ocio Mayor * NOTE TO PRINTER: The expression in parenthesis to be included only in coupons maturing July 15, 197~, and subseeuent pertain- ing to the optional bonds maturing in the years 197~ to 1977, inclusive. (PERTAINING TO BOTH ISSUES OF BONDS) S~~: That said bonds shall bear interest from date t~'matur~tY at the following rates per annum; that is to say-- {a)-Bonds maturing in each of the years 196~ TO 1973 , BOTH INCLUSIVE, (b) Bonds maturing in the year ~ at 2-3/4 (c) Bonds maturing in the year 1975 _, at 2.80 %; (d) Bonds maturing in the year 1976 ,at2.85 %; (e) Bonds maturing in the year 1977 _, at 2.90 %; such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on January 15, 196&,and semi-annually thereafter on July 15 and January 15 in each year. SECTION 10: That both prlnclpalcof and interest on said bonds ~ be p----~yable in lawful money of the United-States of America, without excahnge or collection charges to the owner or holder, at hheAHALE COUNTY STATE BANE, PlainView, Texas~ or at the option of the holder, at The Citizens National Bank -.Lu~bogk Texa~__ . 7'upon presentation and surrender bon~.~ propermcoupons. SECTION II:That Sh~dseal of said City may be im- presse~ on each of said bonds or in the alternative a facsimile of such seal may be printed on said bonds. The bonds and interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of~the ~yor and City Secretary of the City, and execution in Such manner shall have the same affect as if such bonds snd coupons had been signed by the Mayor and City Sec~ retary ~n person by thief manuel signatures, Inasmuc~ as such bo~ds are required to be registered by the Comptroller. of Public ACcounts for the State of Texas, onlN his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection ~ith his registration certificate to appear thereon, as herein- after provided; all in ~ccordanCe with the provisions of the ~exas Uniform Facsimile Signature of Public Officials Act", enacted by the 57th Legislature at ~its Regular Session in 1961. SECTION 12: That the following certificate shall be printe~ 'on the back of each bond~ OFFICE OF COMPTROLLER~ STATE OF TEXAS REGISTER NO. I I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas, to the effect that this bond has been examined by him as required by law and that he finds that it has been issued in conformity with the C~nstitution and laws of the State of Texas~ and that it is a valid and binding obligation upon said City of Plainview, Texas, and said bond has this day been registered by me. WITNESS ~ HAND AND SEAL OF ~f OFF~CE at Austin, Texas, . C~ of ~U~ Accoutns of the State of Texas SECTION 13:That special funds, to be designated "SPECIAL GENERAL OBLIGATION BOND FUND, SERIES 1963", and "SPECIAL PARK BOND FUND, SERIES ,963", are hereby created and the proceeds of all taxes collected for or on account of each series of bonds shall be credited to said respective funds for the purpose of pay- ing the interest on and to provide a sinking fund for the redemp- tion of said bonds at maturity; and said funds shall be used for no other purpose; that while said bonds or any of them are out- standing and unpaid ther shall be levied, assessed and collected annually in due time~ form and manner, a tax ~ponkall of the taxable property City, for each series, sufficient to make, raise and produce in each of such years funds to pay the current interest theron and create a sinking fund sufficient to pay each installment of principal as the same becomes due~ of a sinking fund of 2% whichever is greater; and to pay the interest~on said bonds for the first year and to create a sinking fund for each series of bonds with which to pay the principal as the same becomes due, or a sinking fund of 2% whichever is greater, there is hereby levied a sufficient tax on each one hundred dollars' valuation of taxable propery in said Oity for the current year for each said series adn the same shall be assessed and col- lected and applied to the purpose named; and while said bonds or any of them are outstanding and unpaid, a tax each year at a rate from year to year as will be ample and suffieient t9 provide funds to pay~the current interest on said bonds and toprovide the nec- essary sinking funds, (f~ll allowance being made for delinquencies and costs of collection) shall be and is hereby levied for each year, respectively while said bonds or any of them are outstand- ing and unpaid, and said tax each year shall be assesses and col- lected and applie to the payment of the princip&A of and interest on said bonds, The City Council hereby declares its purposes and intent to provide and levy a tax fully and legally suffiecient for each of said series of bonds, it having been determined that the existing and available taxing authority of the City for such pur- pose is adequate to permit a legally suffiecient tax in considera- tion of all~other outstanding obligations. to : SECTION 14: That the sale of the bonds herein authorized DITT~I~R AND CO., INC. AND ASSOCIATES at the price of par and accrued interest to date of delivery, plus a premium of $_ None , is hereby confirmed. Delivery of the bonds shal--f--ge made to such ourchasers as soon as may be after the adoption of this ordiRan~e, upon payment therefor in accordance with the terms of sale. SECTION 15: The purchaser' obligation to accept delivery o~onds herein authorized is subject to thier being furnished a finalopinion of Messrs. Dumas, Huguenin and Boothman, Attorneys, Dallas, Texas, approving such bonds.as to thier validity, said opinion to be dated and delivered as of the date of delivery and payment for such bonds. Printing of true and correct copy of said opinion on the reverse side of each of such bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the Oity Secretary of the City of Plainview, Texas, is hereby approved and authorized. SECTION 16: The ~yor of said City shall be and he is hereby authormz'~d to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorized pending ~hier approval by the Attorney General and thier regisSration by the Comptroller of Public Accounts. SECTION 17: The public importance of this measure and the fact t--~ it is-to the best interest of the City to pr6vide funds for the construction fo the improvements herein provided at the earliest possible date, constitute and creaDe an emergency and an urgent public necessity, requiringthat any rule providing for the ordinances to be read and voted upon at more than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and S~h ruI~ and provision are accordingly suspended, and this ordinance is passed as an emergency measure and shall take and have effect and.be in full force and after its passage, and it is so ordained. PASSED AND APPROVED this the 196~.~ ~21sh~ day of January, ATTEST ' M. B. HOOD ~ayor, City of ~lainview, ~Texas M. L. REA ~e-~ry, ~~ieV~, Texas' (City Seal} APPROVED JOE SHARP C~ney, Cit'¥ of-PIainVie-~, Texas CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS ~? CITY OF PLAINVIEW COUNTY OF HALE I, the undersigned, City Secretary of the Oity of Plainview, Texas, DO HEREBY CERTIFY That the above amd foregoing is a true and corEect copy of an ordinance authorizing the issuance of $600,000 "CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1963" and ~150,000 "CITY OF PLAINVIEW, TEXAS PARK BONDS, SERIES 1963", dated Janusry 15, 1963 (and minutes pertain- ing to its adoption) passed by the City Council on the 21st day of January, 1963, at a regular session of the said City Council, and which ordinance is of record in Book 12 of the Minutes of said City Council. 2-,7 4' IN WITI~SS }fHEREOF, I have hereunto signed my name officially and affixed the seal of'said City , this the day of January, 1963o 21st M. L. REA c~creta~, 0~t~'of'P~a~~Texas (City Seal ) ORDINANCE NO. 779 & NO. _ 780 ORDINANCE AUTHORIZING ISSUANCE OF $750,000 '"CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIUS 1963" DATED JANUARY 15, 1963 THE STATE OF TEEAS ~ CITY OF PLAINVIEW ~ COUNTY OF HALE ]' ON THIS, the 21 day of January, 1963, the City Council of the City--6-~lainview, Texas, convened in Regular~ session, at the regular meeting place thereof in the c~ity }{all, there being present and in attendance the following members, to-wit: M. Bo HOOD MAYOR ~9\URZCE HANNA KELTZ GARRISON C. B. CLINE,JR. GEO. L. TAYLOR ALDEM~N and With the following absent: ALVIN STOKES constituting a quorum; and among o~he'~ proceed£flgs had b~'said City Counci~ were the following: Mayor Hood introduced a proposed ordinance. The ordi- nance was read in full. Alderman Hanna made a motion that amy rule requiring ordinances to be read at more than one meeting be suspended. The motion was seconded by Alderman Garrison and carried by the following vote: AYES: Alderman Hanna, Garrison, Cline and Taylor. NOES: None Alderman Garrison made a motion that the Ordinance No. 78~, be passed finally. The motion was seconded by Alderman Hanna,~ and carried by the following vote: AYES: iLDE~N HANNA, GARRISON, CLINE AND TAYLOR NOES: None. The Mayor announced that the ordinance had been finally passed. The ORDINANCE is as follows: "AN ORDINANCE by the City Council of the City of Plainview, Texas, authorizing the issuance of $750,000 "City OF PLAINVI~J, TEXAS, ~ATERWORKS AND SEk~R SYSTEM REVENUE BONDS, SERIES 1963", dated January 15, 1963, for the purpose of construt.ting improvernants and extensions to the City's Waterworks and Sanitary Sewer System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of Texas, 1925, as amended; pres- cribing the form of the bonds and the form of the interest coupons; pleding the revenues of the City's combined Waterworks and Sanitary Sewe~ System to the oayment of the principal of and interest on said bonds, after deduction of reasonable operation and maintenance expenses, as said expenses are defined by statute; enacting provisions incident and relating to the subject and purpose of this ordinance; declaring and emergency." WHEREAS, pursuant to elections heretofore duly and legally called and held for the purpose the C~ty Council of the City of Plainview became authorized and empowered to issue special obligation bonds to the City payable solely from and equally secured by a first lien on and pledge of the revenues of the City's Combined Waterworks and Sanitary Sewer System, after deduction of reasonable operation and maintenance expenses as said expenses are defined by statute, the following schedule reflecting certain pertinant information with the respect to Such authorizations: Nov. 27, $750,000 1952- AMOUNTS VOTED ELECTION [ .TOTAL VOTED FOR PURPOSES PREVIOUSLY BALANCE DATE AUTHORIZATION INDICATED ISSUED UNISSUED June ~ $595,000 $200,0'00 ~-~mps. $150,000 ' $50,000 ' 1961 and extensions $ 95,000 SS Imps. and extensions $75,000 $325,000 V~ imps. 0 and extensions $425,000 SS Imps. and extensions 0 $ 20,000 $325 ,00o $ 425,000 WHEREAS', the City Council finds and determines (1) That the City is not in default as to any covenant, condition or obligation contained:in the ordinance relating to the issuance of the outstanding bonds and that said City has made all required payments into each of the funds created by ~aid ordinance for the benefit of the outstanding bonds: (2) That the proposed Additional Bonds have been voted at an election duly called and held for the purpose as provided by law; and (3) That the City has secured from a Certified Public Accountant a ~eport showing that the net earning of the System for the preceding f~scaZ year are equal to at least on ~nd -one-half times the average annual requirements for the payment of principal and interest on the outstanding Bonds and on ~he proposed Additional Bonds~ and WHEREAS, it is now found and determined by the City Council and is its judgement that all of the bonds voted at the election of November 27, 1962, should now be issued and sold to provide funds for the following purposes; $325,000 for the purpose of constructing improvements and extensions to the City's ~faterworks System and $~25,000 for the purpose of con- structing improvements and extensions to the Sanitary Sewer System; ~herefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLA I~Zf IEW: SECTION 1: Authorization -Principal Amount-Designation. That ~'to bo~ ~ ~a~ sum of SE~EN HUNDRED FIFTY THOUSAND DOLLARS of which the sum of $325,000 shall be for the purpose of constructing improvements and extensions to the City's Waterworks System; and $425,000 shall be for'the purpose of constr~cting improvements and extensions to the City's Sanitary Sewer System, the City Council of the City of Plainview, Texas, by virtue of the authorization expressly conferred by the resident o~alified property taxpaying electors, who ownded taxable property in said City, and'who had duly rendered the same for taxation, voting, at the aforesaid election and pursuant to the General Laws of the State of Texas, particularly Articles I1]~l[.et seq., Revised Civil Statutes of 1925, as amended, has determined that there shall be issued and there is hereby ordered to be issued a series of coupon bonds to be designated "CITY OF PLAINVEW, TEXAS, WATERWORKS AND SElleR SYSTEM REVENUE BONDS, SERIES 1963", aggregating the sum of SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000), dated and maturing as set out below, which said series of bonds~ together with the outstanding and unpaid previously issued bonds (as herein defined) are payable as to both principal and interest solely from and secured by a first lien on and plege of the revenues of the City's combined Water- works and Sanitary Sewer System, after deduction of reasonable ooe ation and maintenance expenses, as said expenses are defined by statute. SECTION 2:DATE- N~IBERS - MATURITY- OPTION. said bonds shall be da~ed ~anuary ~-~-6~-~a'll be numbered consecutive- ly from One (!) to One Hundred Fifty (150), both inclusive; shall be in denomination of Five Thousand Dollars ($5,000) each; and shall become due and payable serially on July 15 in each of the years in accordance with the following schedule: AMOUNT M~TURIT¥ AMOUNT I~TURITY $ 5,000 1964 $20,000 1976 5,000 1965 45,000 1977 5,000 1966 45,000 1978 5,000 1967 50,000 1979 5,000 1968 50,000 1980 15,000 1969 50,000 1981 15,000 1970 50,000 1982 15,000 1971 55,000 1983 20,000 1972 55,000 1984 20,000 1973 60,000 1985 20,000 1974 60,000 1986 20,000 1975 60,000 1987 PROVIDED, HOWEVER, the City reserves the right to dedeem Bonds maturing in each of the years 1979 through 1987, both ~nclusi~e, of said series, in whole or in part but in inverse numerical order if less than all, on July 15~ 1978, or on any interest payment date thereafter, at the price of oar and accrued interes~ to the date fixed for redemption, and PROVIDED FURTHER, ~hat at least thirty (30) days prior to any interest payment date upon which any of saidbbofids are to be redeemed, notice of redemption, signed by the City SecretaDy (specifying the serial numbers and amount of ~bonds to be redeemed) shall have been filed with the H~LE COUNTY STATE BANK, Plainview, Texas, and ~R~p~blic ,, NATIONAL BANK OF DALLAS · Dallas., Texas ~the paying agents named in ~ach of said bonds) and s~0~ld any bond or bonds not be presented for redemption pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. SECTION 3: Interest. 'That said bonds shall bear interest from date to mat~y at the f61lowing rates per annum, that is to v sa~a) Bonds maturing in each of the y~ars 196~ to 1971 both inclusive, at the rate of ~½ (b) Bonds maturing in each of th%--years 197__2 to 197__8 both inclusive, at the' rate of 3 %; (c) Bonds maturing in each'of the years 1979 to 1983 , both inclusive, at the rate of 3.20 % (d) Bonds maturing in each'0f ~he years 198__4 to 1987, both inclusive, at the rate of (e) .Bonds maturing in each o--~ ~ears 19 to 19 both inclusive, at the rate of ~; such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on January 15, 1964, hnd semi-annually thereafter on July 15 and January 15 in each year. SECTION 4: Place of Payment. Both principal and interest of th'i~ 5ssue of 5onds shhl~' be' payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder at the HALE COUNTY STATE BANK, P~ainview, Texas, or at the option of the holder at Republic National Bank of'Datlas~ Daltas~ Texas . ~ ~pon ~resentbt~on"and'surrend'er of b'Onds or proper coupons'.' SECTION 5: Execution of Bonds and~. The seal of said C'~ty may be impressed on e~ch of'said~s or in the alter- native a facsimile of such seal may be printed on said bonds. The bonds~andinterest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City and execution in such manner shall have the same effect as if such bonds and coupons had been si~ned by the Mayor and'City Secretary by thier manual signatures. Inasmuch as such bonds are required to be registered by th e Comptroller of Public Accounts of the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in con- nection with his registration certificate to appear thereon, as hereinafter provided; all in accordance with the provisions of t~e "Texas Uniform Facsimile Signature of Public Officials Act~ enacted by the 57th Legislature of Texas at its Regular Session in 1961. SECTION 6: Form of Bonds. That the form of said bonds shall be su~nti~y as~-6~ows: NO. UNITED STATES OF A~JLERICA $ 5,000 STATE OF TEXAS COUN~TY OF HALE CITY OF PLAINVIE~~, TEXAS WATERWORKS AND SE%WER SYSTEM REVENUE BOND, SERIES 1963 The CITY OF PLAINVIEW, a munucipal corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED, hereby promises to pay to bearer, the sum of FIVE THOUSAND DOLLARS ($ 5,000), in lawful money of the United States~of America, on the FIFTEENTH DAY OF JULY, 19 , with interest hereon from the d~te hereof to maturity a~--~he rate of PER CENTUM ( %) per annum, payable'on January and semi-ann~ter on July 15 and January 15 in each year, and interest falling due o n or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL and interest of this bond are hereby made payable at the HALE COUNTY S~ETE BANK, Plainview, Texas, or at the option of the holde~ at ~~ges to the owner or holder,' and the said City of P!ainview, Texas, is hereby held and firmly bound to apply the pledged appropriated revenues of its combined Waterworks and Sanitary Sewer System to the prompt payment of principal and interest of this bond at maturity, and to pay aaid principal and interest as they raature. THIS BOND is one of a series of bonds of like tenor and effect, except as toby'number, interest rate, maturity and right of prior redemption, aggregating in amount SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000), numbered consecutively from One (1) to One Hundred Fifty(l~O), both inclusive, in'denomination of Five Thousand Dollars (eS,O00) each, issued for the purpose of constructing improvements and extensions to the City's Waterworks and Sanitary Sewer System, in accordance with-the Constitution and laws of the State of Texas, particularly Articles llll et seq., Revised Civil Statutes of 1925, as amended and by authority of a vote of the resident qualified property taxpaying electors of said City, who had duly rendered thier property for taxation; voting at an election held for that purpose within said City on the 27th day of November, 1962, and pursuant to an ordinance passed by the City Council of the City of Plainview, Texas, and duly recorded ~n the Minutes of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned the City reserves the right to redeem Bonds maturing in each of the years 1979 through 1987, both inclusive,of this series, in whole or in part, but in inverse numerical order if less than all, on July 15, 1978, or on any interest payment date thereafter, at the price of par and accrued interest to the dats fixed for redemption~ PROVZDED, HOWEVER, that at least thirty(30) days prior to any interest payment date upon which any of said bonds are to be redeemed, notice of redemption, signed by the City S-~cretary (specifying the serial numbers and amount of bonds to be redeemed) shall hhve been filed with the HALE COUNTY STATE BANK, Plainview, Texas, and an--n-~-S~ou~--~d ~nM bond 6r -bhds not~sented ~or redemption- '" pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. THE DATE OF THIS BOND in conformity with the 'ordinance~ above mentione8 is January 15, 1963. · HIS BOND and the series of which it is a part, conse- stitute special obligations of the City of Plainview, Texas, and together with the outstanding and unpaid previously issued bonds (as defined in the ordinance authorizing the series of bonds of which this is one) are payable ~ol~y~-~rOm a~yequally secured by a ~irst lien on and pledge of the revenues of the City's combined Waterworks and Sanitary Sewer System, after deduction of reasonable expenses of operation and maintenence. THE CITY, however, expressly reserves the right to issue further and additional bond obligations, in all things on a pariDy with the outstanding previously issued bonds and the bonds of this series, payable solely from and equally secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System; PROVIDED,HOW- EVER, that any and all such additional bonds may be sot' issued only in accordance with and subject to the covenants, Conditions, limitations and restrictions out and contained in the ordinance authorizing this series, and to which said ordinance reference is hereby mad~ for more complete an full particulars .... THE HOLDER hereof shall never have the ~ight to demand payment of this obligation out of any funds raised or to be raised by taxation. EACH HOLDER of this bond, payable to bearer, .or of the interest coupons hereto attached, is conclusively presumed to forego and renounce his euuities in favor of subsequent holders for value without notice and to agree that, being payhble to bearer, this bond and each of the interest coupons attached, may be negotiated by delivery however possession may have been acquired, and that any subsequent holders who may receive this bond or any of the interest coupons attached, for value without notice, has hereby acquired absolute title free from all equities and claims of ownership of any prior holder,.The City of Plainview, its officers and the paying agent shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFZED AND RECITED that the issuance of t,his bond, and the series of which it is a part, is duly authorized by law; that all acts, co~itions and things required to exist and to be done precedent to and in the issuance of this bond to render the same lawful and valid, have been properly done, have happened and have been performed in regular and due time, form and manner, as required by the Constitution and laws of the State of Texas~ and the ordinance hereinabove mentioned, and that this series of revenue bonds does ~ot~e~cee~ any constitutional or statutory limitations; and that provision has been made for the payment of the principal of and interest on this bond~'and the series of which it is a part, bt irrevocably pledg- ing the net revenues of the, combined Waterworks and Sanitary Sewer System of the City of Plainview, Texas. IN TEST~ONY ~EREOF, the City Council of the City of Plainview, Texas, in accordance with the provisions of the "Texas Uniform Facsimile Signature of Public Officials Act", enacted by the 57th Legislature of Texas at its Regualr Session in 1961, has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and this bond and its appurtenant coupons to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City, as of the 15th day of January, 1963. COUNTERS IGNED: Mayor, City o£ Plain~ie~, T~xas ~y~ ~a-~nvxew--~-~---- Texas SECTION 7: Coupon Form. The form of said interest coupons shall-~an~ltows: No. ON THE F~F_~ENTH DAY OF $ 19{___ ~(unless the bond to which this coupon pertains has been properly called for redemption in accordance with its terms)~ the City of Plainvie~, a municipal corporation of the state of Texas, hereby promises to pay te bearer, out of funds specified in the bond to which this coupon is attached (without right t6 demand payment out of any funds raised or to be raised by taxation)~, and in lawful money of the United States of America, without exchange of collection charges to the owner or holder, at the HALE COUNTY STATE BANK, Plainview, Texas, or at the option of the 'holder at ~Note to Printer: the expression in parenthesis to be included only. in coupons maturing January 15, 1979 and subseeuent pert~aining to optional bonds maturing in the years ~979 through 1987. the sum of DOLLARS ($ ). said sum beign months' interest due that day~on "CITY OF PLAINVIEW, TEXAS, ~ATERWORKS AND SEWER SYSTEM REVENUE BOND, SERIES 1963", dated January 15, 1963. Bond No. ~. City Secretary Mayor SECTION 8: Form of Comptrollers Certificate. Substantially the foo~~n~sha!l e prlnte on the back"o~--e-~bond: OFFICE OF COMPTROLLER~ REGISTER NO. STATE OF TEXAS ~ I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas %0 the effect that this bond has been examined by him as reouired by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State'of Texas, and that it is a valid and binding special obligation of the City of Plainview, Texas, payable from the revenues pledged to its payment by and in the ordinance'authorizing same, and said bond has this day been registered by me. ~.~ ~ HANB ANB SEAL OF OFFICE, at Austin, Texas, Comptrol'ier of Public'"Accounts of the State of Texas SECTION 9: Defination. For all purposes of this ordinance and i~lar for clarity with respect to theissuance of the bonds herein authorized and the pledge and appropriation of revenues therefor, the following definitions are provided: (a) The term "System" Shall mean the City's combined Waterworks and Sanitary Sewer System, including all present and future extensions, additions, replacements and improvements thereto' ~ (bl The term "Net Revenues" shall mean the gross revenues of the System less the expense of operation and maintenance, includ- ing all salaries, labor, materials, repairs and extensions necessary to render efficient service, provided, however, that only such re- pairs and~extensions, as in ~he judgement of the ~ity Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adeeuate service to the City and the in- habitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the bonds authorized by this Ordinance, the Previously Issued Bonds and the Additional Bonds permitted to be issued under Section 19 hereof, shall be deducted in determining "Net Revenues"' (c) The term "Bonds"~-'ahall mean the $750,000 authorized by this Ordinance; (d) The term "Previously Issued Bonds" shall mean the "City of Plainview, Texas, Waterworks and Sewer System Revenue Bonds, Series 1961, dated July 15, 1961. in the original principal amount of $295,OO~, authorized by ordinance duly passed and adopted by the City Council on the 3rd day of July, 1961. (e) The term "Additional Bonds" means the Additional Bonds which the City ~eserves the right to issue under Section 19, hereof. (f) The term "Fiscal Year" shall mean the twelve months' period beginning October 1 of each year and ending on September 30 of the following year. SECTION i0: ~. The City covenants, reaffirms and agrees t~ of the Net Revenues of the combined Wat'erworks and Sanitary Sewer System, with the exception of those in ex- cess of the amounts reoUired to establish and maintain the funds as hereinafter provided, are hereby irrevocably pledged for the payment of the Bonds, the Previously Issued Bonds and of the Additional Bonds if issued under the conditions and in the manner s~ecified in this Ordinance, and the interest thereon, an8 it is hereby ordained that the Bonds, the Previously Issued Bonds and the Additional Bonds, if so issued and the interest thereon, sahll constitute a first lien upon said Net Revenues. 279' SECTION 11: Rates and Ohar~es. The City Covenants,-reaffirms and agrees wi-'t-~~~ the Bonds, the Previously Issued Bonds and of the Additional Bonds if and when issued: (a) That it will at all times charge and collect for services rendered by the System rates sufficient-to pay all operating, maintenance, depreciation, replacements and better- ment expense, and other costs deductible in determining "Net Revenues" as herein defined and to pay the interest on and prin- cipal of the Bonds and the Previously Issued~Bonds and to estab- lish and maintain the Funds hereafter provided. (b) If the Additional Bonds are issued, or if the System should become legally liable for any other indebtedness, the City will fix and maintain rates and collect charges for the services of the System sufficient to discharge such indebtedness. SECTION 12: Funds. All revenues derived from the operation of th~---~ystem ~hat-I--~kept separate from other funds of the City. To that end, the following Special Funds are hereby created: (a) City of Plainview Waterworks and Sewer System Fu~, hereinafter called "System Fund", her~O~ore~cfea~ed and hereby. reaffirmed, This Fund shall be kept in the City's Depository Bamk; (b) City of Plainview Waterworks and Sewer System Revenue Bonds Interest and °inking Fund, hereinafter called "Interest and Sinking Fund". This Fund shall be deposited with the HALE COUNTY STATE BANK, Plainview, Texas, as Trustee of the pledged revenues; (c) City of Plainview Waterworks and Sewer System Revenue Bonds Reserve Fund, hereinafter called "Reserve Fund" heretofore ~reated~ and hereby reaffirmed. This Fund sh~ll be deposited with the HALE COUNTY STATE BANK, P!afnview, Texas, Trustee. SECTION 13: ~ystem Fund. ~11 revenues of every nature re- ceived through the operation of the System shall be deposited from day to day as collected, into the System Fund, and the reasonable and proper expenses of operating and maintaining the System, including ~alaries, labor and ~aterials s~all be paid therefrom upon approval of the City Council. The City Treasurer shal~ not make any disbursement~from said fund for repairs in excess of $500.00 or for extensions, except pursuant to a resolution adopted by the City Council declaring that it is the ~ judgement of the City Council that such repairs or extensions are necessary to keep the plant or system in operation and render adequate service to the City and the inhabitants thereof~ · or that such repairs or extensions are necessary to meet some physical accident or condition which would otherwise impair the Bonds, and such resolution, in either case, shall recite the facts and reasons for such judgement. Certified Copies of such resolution shall be furnished without cost to Bondholders requesting the same. Such resolution shall not be binding or conclusive upon any Bondholder. ~11 revenues of the System ~ot actually recuired to pay expenses and costs incurred as permitted by this Section shall be deposited in the other Funds created by this Ordinance and the ordinance authorizing the issuance of the previously issued bonds, each of which Shall have priority thereto in the order in which they are treated in the follOWing sections. SECTION 14: Interest and .~inki~g Fund.Beginning on the 10th day 6~ty, 1963, and on"~'he 10th dayf of each month there- after to and including January 10~ 196&, the City shall deposit in the interest and Sinking Fund an amount of money not less than one-twelfth of the interest to become due on January 15, 196~; there- after commencing on the 10th day of February, 196&, and on the 10th day of each suceeding month until the bonds are p~id and retired the Ciby shall deposit in said Fund not less than one- sixth 'of the next semi-annuallins~allment of interest. Beginning ~-~ on the 10th day of August,1963, and on the 10th day of eac~ succeeding ~oyth until the bonds are paid and retired, the City shall deposit in said Fund an amount of money not less than one twelfth of thehnext annual ~rincipal maturity. The amount re- ceived from the purchasers of the bonds as interest accrued thereon to the date of delivery, and the proceeds of the bonds found not to be required for the completion of the Waterworks and Sewer System extensions and improvemr~nts shall alson be placed in the Interest and Sinking Fund, which shall reduce by such amount the sums which would otherwise be required to be placed into the Interest and Sinking Fund from the revenues of the System. SECTION 15: Reserve Fund. There is presently on deposit in th~Fund heretofore created and hereby reaffirmed the Sum of $18,~31.35. On the 10th day of each month beginning Febraury !0, 1963, there shall be deposited in the Reserve Fund the amount of $800.00 until such time as there shall have been accumulated in the Fund the sum of $66,431.35. The Reserve Fund shall be Used to pay principal of or interest on the~Bonds and the Previously Issued Bonds falling due at any time When there is not suffiecient money available in the Interest and Sinking Fund. No payments need be made into the Reserve Fund after the~e shall have been accumulated in said Fund the sum of $66,431.35, e~cept that whenever said Reserve Fund is reduced below that amount, payments into the fund shall be resumed and continued until such time as the fund has been restored to the sum of $66,431.35. Money in the Reserve Fund may be at the option of the City invested in direct obligations of the United States of America, having maturities not in excess of ten years from the date of making such investment. Any obligations in which money is so invested shall be kept in ~escrow in the Hale County State Bank, Pla;nview, Texas, and shall be promptly required to be made from the Reserve Fund, whenever such payments are necessary to be made under this Section. T~e deposits into this Fund shall be subordinate to. those reouired to be made into the Interest and Sinking Fund,~ Whenever Additional Bonds are issued~ the amount to be accumulated and maintained in the Reserve Fund shall be increased to an amount not less than the average annual requirements for the payment of principal and interest on the Bonds, the Previously Issue Bonds and the Additional Bonds. SECTION 16: Deficiencies in Funds. If in any month the City ~ a~n,~ fail to pay into the Interest and Sinking Fund and Reserve Fund the full amount stipulated, amounts equivalent to such deficiences-shall be set apart and paid into said Funds from the first available and unallocated re- venues of the following month or months and such payments shall be in addition to the amounts hereinabove provided to be other- wise paid into said Funds during such month or months. SECTION'17: Excess Revenues. Any revenues in excess of those require--~ to establis~-~[d ~Ainb~in the Funds as above required may be used for the redemption of Bonds, the Previously Issue Bonds or Additional Bonds, or for any lawful ~urpose. SECTION 18: Security of Funds. Ail funds created by this Ordinance s--h-a~ be 'Secured i'n ~he manner and to the fullest ex- tent permitted by the laws of Texas for the security of public funds, and such funds shall be used only for the purpose per- mitted by this Ordinance. SECTION 19: Issuance of A-dditional Parity Bonds. In ad~ t~ ~he--~-~ght to issue'bonds'of'~erior ~l'ien as authorized by the Laws of this State, the City reserves the right hereafter to issue Additional Bonds. As above stated the $750,000 of bonds directed by this ordinance to be issued shall be called "Bonds", the $295,000 of bonds directed to be issued by the ordinance of July 3, 1961, shall be called "previously Issued Bonds", and bonds hereafter issued on a parity therewith shall be called 'tAdditional Bonds". The Addit&onal Bonds when issued shall be secured by and payable from a first lien on and pledge of the net revenues of the system in the same manner and to the same extent as are the bonds authorized by this ordinance and the Previously Issue Bonds; and the Bonds, the Previously Issued Bonds and the Additional Bonds shall in all respects be of eoual dignity. The Additional Bonds may be issued ~n one or ~ore in- stallments. It is provided; however, that none of the Additional Bonds shall be issued unless and until the following conditions have been met: (a) The City, is not then in default as to any covenant, condition or obligation prescribed by this Ordinance; (b) That the proposed Additional Bonds shall have been voted at an election duly called and held for the purpose as provided by law; (c) That the laws of the State of Texas in force at such time provide permission for the issuance of such bonds; (d) Each of the funds created by this ordinance and the ordinance authorizing the issuance of the Previously Issued Bonds contains the amount of money than reauired to be on deposit therin. (e) The Net Earnings of the System for the prededing fiscal year is equal to at least one and one-half times the average annual requirements for the payment of principal and interest on the then outstanding Bonds, Previously Issued Bonds and on the Additional Bonds, as such Net Earnings are shown by a report by a Certified Public Accountant or a Licensed Public accountant. The term ,'Net Earnings,, as used in this Section 19 shall mean the gross revenues after deducting the expense of operation and maintenance, but not deducting expenditures which, under standard accounting practice, should be charged to capital expenditures; (f) The Additional Bonds are made to mature July 15th of each ~f~Dhe years in which they are scheduled to mature. SECTION 20: ~tio~s~anceo The City covenants, reaffirms and agrees to maintain ~ System in good condition and operate the same in an efficient manner and at reasonable cost. So long as any of the Bonds, and the Previously Issued Bonds are outstanding, the City agrees to maintain in- suarance for the benefit of the holder ar holders of the bonds, on the System of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business. Nothing in this ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the oity from doing so. ~SECTION 21: - Records - Accounts - Accounting Re~orts. The C~invi~~s7 ~eaffirms a~g~s that so long as any of the bonds herein authorized t'he Previously Issued Bonds or any interest thereon remain outstanding and unpaid, it will keep and maintain a proper and complete system of records and acc,ounts pertaining to the ooeration of its com- bined Waterworks and Sanitary Sewer System separate and apart from all other records and accounss in which .comolete and correct entries shall be;'made of all transactions ~eiati~g to said System as provided by Article 1113, Revised Civil Statutes of Texas, 1925, as amended, and that the holder or holders of any of the 'Bonds and the Previously Issued Bonds, or any duly author- ized agent or agents of such holders, shall have the right at all reasonable times to inspect all such records, accounts and data relating thereto, and to inspect the System and all pro- perties comprising same. The City further agrees that within sixty (60) Days following the clOSe of each fiscal year, it will cause an audit of such books and accounts to be made by an independent fir of Certified Public Accountants or Licensed Public Accountants, showing th~ receipts, showing .the rec.eipts and disbursements for account of the System for the fiscal year. Each such'audit, in addition to whatever other matters may be thought proper by the Accountant, shall particularly include the following-. (a) Detailed statement of the income and expenditures of the Syste~ for such fiscal year; (b) A balance sheet as of ~hei~e~d$ofis~chrfiscal year; (c) The Accountant's co~nents regarding the manner in which the City has carried out the requirements of this ordinance and his reco~aendations for any changes or im- provements in the operation, records and accounts of the Systemld)' A list of the insurance policies in force at the end of the fiscal year on the System properties, setting out as to each policy the amount thereof, the risk covereS, the name of the insurer, and the policy's exoiration date; (e) A list of the securities which have been on deposit as securtiy for the money in the Special Fund throughout the fiscal year, a list of the securities, if any, in which the reserve portion has been invested, and a statement of the man- ner in which money in the System Fund has been s~cured in such fiscal year; (f) The number of properties connected with the; System and the total income from the System for th year. Expenses incurred in making the audits above referred to are to be regarded as maintenance and operating expenses and paid as .such. Copies of the aforesaid annual audit shattsbe~ ?~ immediately furnished to the Executive Director of' the Municipal Advisory Council of Texas at his office in Austin, Texas, and to the originai purchasers of the bonds and any subseouent holder at his request. At the close of the first six months' period of each fiscal year, the ~ity Secretary is hereby directed to furnish a ~copy of an operating and income-statement in reasonable detail covering such period, to any bondholder upon his request therefor, receiving not more than thirty (30) days after the close of sai~ six months' period. Any bondholder shall have the right to dis- cuss with the Accountant making the annual audit the contents thereOf and to ask for such additional information as he may reasonably recuire. SECTION 2~: Remedies in Event of Default. In addition ~' to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in payments to be made to the Interest and Sinking Fund and Reserve Fund as required by this ordinance, or (b) defaults in the observance or performance of any other of the ~ovenants, conditions or obligations set forth in this ordinance, the following remedies shall be available: (1) The holder or holders of anyof the bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the City Council to ob- serve anda~perform any covenant, ~ondition or obligation pre- scribed in the bond ordinance. (2) No delay or omission to-exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or ac- ouiescence therein, and every such right and power may be exercised from time to time and as often aa may be deemed expedient. The specific remedies herein provided shall be cumulative of all other isisting remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 23: Special Covenants. The City hereby further covenants----~ ~ea~fir~s and agrees ~ and through this ordinance as follows :' (a) That it has the lawful power to pledge the revenues supporting this issue of bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas~ including said power existing under Articles llll to lllS, both inclusive Revised Civil Statutes of the State of Texas, 1925, with~ amendments thereto; that ~he bonds issued hereunder, the Previously Issued Bonds, and t~he Additional Bonds, when issued, shall be ratably secured under said· pledge of income, in such manner that one bond shall have no preference over any other bond of said issues; (b) The City covenants and represents that other than for the payment of bonds herein authorized and the Previously Issued Bonds, the rents, revenues and income of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the Systems; (c) That so~ong as any of the Bonds herein authorized or thosePreviously Issued Bonds remain outstanding, the City will not sell or encumber the System or any substantial part thereof, and that with' the exception of the Additional Bonds expressly permitted by this ordinance to be issued, it will not encumber the revenues thereof unless such encumbrance is made junior and subordinare to all the provisions of this or- dinance; (d) That no free service of the System shall be allowed, and should the ~ity or any of its agents or instru- mentalities make use of the services and facilities of the Syatem payment of the reasonable value thereof shall be made by the ~ity out of funds from sources other than the-revenues and income of the System; (e) To the extent that it legally may, the City further covenants, reaffirms and agree, that so long as any of the Oonds, Previously Issued Bonds or Additional Bonds or any interest thereon are oUtstanding, no franchise shall be granted for the i~stallation or operation of any competing waterworks or sewer systems~ that the City will orohibit the operation of any water system or sewer system other than those owned by the Oity, and the operation of~ any such system by anyone other than this City is hereby prohibited. SECTION 2~: Bonds are Special Obligations. The Bonds are spec~-~igations of'the City p~y~ble from the pledged revenues, and the holder thereof shall never have the right to demand payment thereof out of funds raised or to be raised by taxation. SECTION 25'. M~yor to Have Char~e~ of Records.. . and Bonds. That the ~ayor of the City of Plainviw shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall t~ke and have charge and control of the bonds herein authorized pending thier approval by the Attorney General and thier registration by the Comptroller of Public Accounts, SECTION 26: Printed L~pinion on Oonds. The pur- chasers obligation to accept delivery of the bonds herein ~?.?uthorized is subject to thief being furnished a final opinion z~f Yes,rs, Dumas, H~guenin and Boot~man, Attorneys', Dallas, Texas, approving such bonds as to thief validity, said opinion to be dated and delivered, as of the date of delivery and payment for such bonds. Printing of a true and correct copy of said opinion on the reverse side of each b£/~uch donds with appropriate certificate pertaining thereto by facsimile signature of the City Secretary is hereby approved and authorized. SECTION 27: Confirmation of Sale. That the sale of the bondse--h-g~i~-~--g~thoriz6-d to-- FIRST SOUTHWEST COMPANY, DALLAS, TEXAS, AND ASSOCIATES at the price of par and accrued interest to date of delivery, plus a premium of $ 38.50 ._, is hereby confirmed. Delivery of said bonds shali-~ said purchaser as soon as may be after the adoption of this ordinance, upon payment therefor in accordance with the terms of sale. SECTION 27: ~ The fact that it i~ to the best interest of the City to provide funds for the construction of improvments and extensions to the Waterworks and SaniteFy Sewer System, as hereinabove set out, be effected at the earliest possible date, constitute and create an emergency and an urgent public mecessity, requiring that any rule providir{g for ordinances to be read and voted upon at m~re than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules and,provisions are accordingly suspended, and this ordinance is Passed as an emergency measure, and shall take and have effect and be in full force from and after its passage. PASSED AND APPROVED, this the 21 day of January, 196~. M. B. HOOD ~-~yor,~~ew, Texas ATTEST: M. L. REA Cit-----~Secretary, ~i~Y~of P!a'~nvie~,Texas (City Seal) 'APPROVED: JOE SHARP Ci'~y Attorney~-C±ty of Pl'g~fiview, Texas CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS CITY OF PLAINVIEW COUNTY OF HALE I~ the u~dersigned, City Secretary of the City of Plainview Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of an ordinance authorizing the issuance of $750,000 "CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM. REVENUE BONDS, SERIES 1963", dated January 15, 1963 (and Minutes pertaining to its adoption), passed by the City Council on the 21st day of January, 1963, at aR__~_gular session of said ~ · C~ty ounczl, and which ordinance is Sf reco~d in Book 12 of the Minutes of said City Council. -- IN WITNESS WE~']REOF, I have hereunto signed my name officially and affixed the seal of said City, this the day of January, 1963. 21st (City Seal) M. L. REA City' Secretary , mty of Piai~view, Texas ORDINANCE NO. 781 _ AN ORDINANCE CREATING A ZONING CO~4ISSION; PROVIDING THAT THE PLANNING CO~ISSION AS PRESENTLY CONSTITUTED SHALL BE THE ZONING CO}~iSSION; PROVIDING THAT SAID COmmISSION SHALL HEREAFT~ BE KNOW~ AS THE PLANNING AND ZONING COM~iISSION; APPOINTING THE ~BERS OF THE PRESENT CO~ISSION AS ~MBER~S OF THE ZONING CO~£ISSION: A~DNING SUBSECTION "B" OF SECTION i OF ORRINANCE NO. 690; PRE- SCRIBING THE DUTIES OF THE PL~aNNING AND ZONING CO~4ISSION IN RE- IEW- GARD TO M~TT~S PERTAINING TO ZONING IN I~HE CITY OF PLAINV ~, PROVIDING THAT THE DUTIES OF THE PL.~J~NING COM2~ISSION AS SET OUT' IN THE ZONING ORDiN~2~CE OF THE CITY OF PLAINVIEW SHALL BE PER- FOPJ~ED BY THE PLANNING AND ZONING CO~ISSION HEREBY CREATED; AND PRESCRIBING THE DUTIES AND RESPONSIBILITIES OF THE SAID PLANNING AND ZONING CO~ISSION. BE .%T. ORDA.!NDED ~Y ,THEC%TY COUNCIL OF THE.CITY OF PLAINVIEW:. . S~C~ION I: There is hereby created for the City of Plainview a Zon~ssion composed of nine (9) members, seven (7) of whom shall be residents in and real property taxpayers of the City of Plainview. The other two (2) shall be the City Engineer of the City of Plainview and %he Building G~iaait~of the City of Plain- v~ew. The City Engineer and the Building Official shall be ex- officio members acting in an advisory capacity ~nd without the power to-vote. SECT.~LN ~: There alPeady exists for the City of Plain~iew a Planning"~commission created and provided for by Ordinance No.'690. By virtue o'f the authority given the City by the Acts of 1927, 40th Legislature, page 424, Chap%er 283, 6, as amended by the Acts of 1949, 51st LegislatuRe, page 205, Chapter III, l, the same being Article lOllf of Vernons Annotated Civi~ Statutes of the State of Texas, the Planning Commission of the City of Plainview is here- by appointed as the Zoning Commission of the City of Plainview, with the following exceptions: The Mmyor of the City of P$ainview shall not be an ex-officio member of the Pla~nmn~ Commission nor of the Planning and Zoning Co~nission created by this Ordinance, and that part of Section 2 of Ordinance No. 690 which provides that the Nayor of the City of Plainviex shall be an ex-officio member of the Planning Commis- sion is hereby repealed. The ~yor of the City of Plainview shall, howeFer, meet with the Plaaning and Zoning Co~mission when they are considering mat- ters pertaining to city planning and other such duties as are pre- scribed' by Ordinance No. 690 of the City of Plainview, and shall advise with the Planning and Zonign Commission as hereby created and con~stituted pertaining to such matters. It shall not be the duty of: the l~yor, however, to advise with the Planning and-Eon- lng Commission pertaining to any mat%er affecting zoning questions pertain~g to zoning that may arise before the Planning and Zon- ing Commission. : The present seven appointive members of the Plan- ning on are hereby appointed as the Zoning Commission of the City of' Plainview and each of them shall serve the remainder of the tlnree-year term to which he has been appointed, and the positions shall be filled upon the expiration of the present terms by members appointed for three-year terms as presently provided for the appointment of the Planning ~ommission by Ordinance No. 690,~ : Hereafter each member appointed to the Planning Con~iss~on simultaneously be appointed to the Zoning ~ommis- sion, and vice-versa each member appointed to the Zoning ~ommission shall be appointed to the Planning Commission so that the Planning Commission so that members of the Planning Commission shall always be the members of the Zoning Co~mission, with the exception as hereinaBove provided that the ~yor shall not be a member of the Plannmng COmmmsszon nor of the Plann~ns and aonmng Comamsszon as created by this Ordinance. - 5: The said Planning Commissiom as heretofore created by Oh~inance N-~--'-------~o. 690 and the Zoning Commission as created by Or- dinance shall hereafter be known as the "Planning and Zoning Com- mission~. 6: Said Planning and Zoning Co~aission shall perform the have the responsibilities as prescribed for the "P wPlanning Commission" by Ordinance No. 690 of the City of Plainvew. SECTION 7: The orovisions of SeCtions Nos. 4 through l~, in- clusive, of Ordinanc~ No. 690 prescribing prbcedural rules and con- taining other orovisions relating to the operation and duties of the Planning ~ommission shall hereafter be applicable and shall apply tP the Planning and Zoning Commission. SECTION 8: Subsection "'B" of Section 1 of Ordinance No. 6'90 defining the word Commission is h~eby amended'as to hereafter read as follows: ~B. Commission. Wherever the word ~Commission~ or the words "Planning 'Commi'~'sion" are used herein, the same refers to and means the Planning and Zoning Commission of the City of Plainview, Texas.~ .SECTION 9. In aad!tlon to the duties and functions provided for the said 'Planning Commission (which shall be the Planing and Zoning Cor:~issiom effective with the passage of this ordinance) as prescribed by Ordinance No. 690,'the Planning and Zoning Com- mission shall have and is hereby vested with all of the powers and authority conferred upon city planning and city zoning commission by the laws of the State-of Texas; and said Commission shall in addition to the duties set forth in this Ordinance and in Ordin- ance No. 690 of the City of Plainview perform all of the duties provided by the laws of'the State of Texas for city planning and city zoning commissions. ...... SEC 10: The Planning and Zoning Commission.shall per- fo d~ties and functions prescribed for the'~lanning Commission~in Ordinance No. 775, which is the Zoning Ordinance of the City of Plainview. SECTION ll:The Planning and Zoning Commission shall per- formall o~ th~ duties andhave the responsibilities and fUncr tions iprescribed by the laws of the. State of T~xas for a zoning conm.~ission of cities, towns, villages, and municipalities. S~CT~ON.12: It shall be the duty of the Planning and Zoning Commission and it is hereby vested with the power to submit to the City Council recommendations relative to changes, alterations and addittions to the Zoning Ordinance of the City of Plainview and relative to the changing of present zones and the creation of new zones and such other amendments to the Zoning Ordinance as the Planning and Zoning Commission may deem advisable. ~ECTt0N l~: Any change or amendment to the Zoning Ordinance of th& C'ity 'of Plai~view, or any 0thor action undertaken by the City Council of the City of Plainview pertaining to city zoning shall never be deemed invalid because the Planning and Zoning Commission has not bee~ consulted or has not furnished any ad- vise or reccomendations thereon, or because the CiSy Council has failed to submit to the Planning and Zoning Commission its plans in regard thereto. PASSED AND ADOPTED this - 18 day of Febraury, 1963. A~T oT. M. B. HOOD, ~{~or~' ORDINANCE NO. 782 AN ORDINANCE WHEREBY THE CITY OF PLAINVIEW, TEXAS, AND THE 'S'OUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT ~D MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDU~TS, ANDOTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND 'UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND~PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRiC~ TIONS AND THAT THE CITY SHALL RECEIVE AN ~NUAL PAYI~T AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE CO~PANY, ALL AS HEREIN PROVIDED, ~EREAS, the Southwestern Bell Telephone Company, hereafter refer- red to as the "Telephone Company", is now and has been engaged in the telephone business in the State of Texas, and in furtherance thereof, has erected and maintained certain items of its'plant construction in the City of Plainview, Texas, hereinafter referred to as the "City", for many years pursuant to such rights as have been granted it by and under the laws of the State of T=xas, and subject to the exercise of sUch reasonable rights of regulation under the police power as have been also lawfully granted by and under said laws to the said city; and W~EREAS, it is to the mutual a~vantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City establishing the conditions under which the Telephone Company shall operate in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY PLAINVIEW, T=XAS, THAT: SECTION 1: CONSTRUCTION ~ND MAINTENANCE OF T~Ls~HONE PLANT AND SERVIC '-- anchors cables manholes, conduits and other plant The pOles, wires, , , construction and appurtenances, used in or incident to the giving of telephone service and to the maintenance of a telephone business and syste~ by the Telephone Co~ in the City, shall remain as now constructed, subject to such changes as under the limitations and conditions herein prescribed may be considered necessary by the City in the exercise of its lawful powers and by the Telephone Company in the exercise of its business of furnishing telephone service;~ and the Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incOrporated may from time to time require along, across, on, over, through, above and under all the public streets, avenues, alleys and public grounds and places within the present limits as the same from time to time may be extended, subject ct the regulations, limitations and conditions herein prescribed. SECTION 2: SUPERVISION BY CITY OF LOCATION OF POLES AND-CONDUiT. All poles to ~'~places shall be of sound material~and resonably straight, and shall be so set that they will not interfere with the flow of water in any gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel on the street or sidewalk. The location and route of all poles, stubs, guys, anchors, conddits and cables to be placed and constructed by the Telephone Company in the construction and maintenance of its telephone system in the City, and the location of all conduits to be laid by the Telephone Company within the limits of the City under this ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City Council or of any City official to whom such duties have been or may be delegated, The Telephone Company will at its expense comply with any reasonable request by the Mayor of the City of Plainview to move poles, stubs, guys, anchors, con- duits and cables located within the city limits of the City of Plainview, Texas, when same is for the benefit of the City of of the general public. SECTION 3: STREETS TO BE RESTORED TO GOOD CONDITION. The Sure-fit--any street, alley, highway, or public place disturbed by the Telephone Company in building, constructing, renewing or maintaining its telephone plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of work and maintained to the satisfaction of the City CounciZ or 8f any City official to whom such duties have been or may be delegated, for one year from the date the surface of said street, alley, highway, or public place is broken for such construction or maintenance work, after ~hich time responsibilityfor the maintenance shall become the duty of the City. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. Provided, that the Telephone Company shall assume all liability or risk or damage to persons or property which may arise from the construction, ooeration or repair of any and all lines, conduits or of its said plant or plants, and shall save the City of Plainview, its officers or agents, harmless from any and all liability that may arise or be incurred from the erection. Construction or operation of same by the said Telephone Company. SECTION 4: OPERATION AND MAINTENANCE OF TELEPHONE PLANT. ~~one ComPany shall maintain its system in reasonable operating condition at all normal times during the continuance of this agreement. An exception to this condition is automatically in effect when service furnished by the Telephone Company is interrupted, imapired, or prevented by fires, strikes, riots or other occurances beyond the control of the Telephone Company, or by storms, floods or other casualties, in any of which the (events) Telephone Company shall do all things, reasonably with- in its power to do, to restore normal service. ~ T~PORARY R~OVAL OF WIRES. The t~ompany on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The exoense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. SECTION 6: TREE TRI~ING. The right', 1-icense, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees uoon and overhanging the streets, alleys, sidewalks and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the telephone company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City Council or of any City official to whom said dUties have been or may be delegated. ~ ~ECTION ~: ANNUAL CASH CON~IDERA_iON TO BE PAID BY THE T~EPHONE COMPA~f.' TO indemnify the City for any and all possible damages to its streets, alleys, and public grounds which may result from the placing and main- tenance therein or thereon of the Telephone Company's poles, conduits, or other telephone equipment or apparatus, and to-cpmpensate the City for its superintendence of this agreement, ~and as the cash consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance of this agreement as sum of money eaual to two per cent (2%) of the annual gross receipts for the preceding year receiv- ed by the Company from the rendition of local exchange telephone trams- mission service within the corporate limits of the City. The first pay- ment hereunder shall be made ~pril 15, 1963, and shall equal in amount two per cent {2%') of the gross receipts received ~rom January 1~ 19~2~ ~o December 31, 1962; and thereafter payment shall b~ made 15th as herein provided. SECTION 8: PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER~PAYMENT$ EXCEPT USUAL GENERAL OR SPECIAL AD VALORE~ TAXES. The City agrees that the consideration set forth in the PreCeeding sec- tion hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or other character o~ charges for , use and .occupancy of the streets, alleys and public places Of the City~ in lieu of any pole tax or inspection fee tax; in lieu of any easement of franchise tax, whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the fore- going cash consideration shall be in lieu of the taxes, licenses, charEes, fees, rentals and easement or franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the satisfaction of the Telephone Company's obligations, if any, to pay such taxes, licenses, charges, fees, rentals and easement or franchise taxes. SECTION 9: In addition' to the consideration Set forth in SectiOn 7, the Telephone Company shall hold itself ready to furnish, subject to the use of the City, such wire space as may be required from time to time by the City upon the poles now owned or hereafter erected by the Telephone Company in the City for the use of the City's police and fire alarm system;! provided that the required wire apace shall not exceed the wire capacity of one cross arm on any one pole. The location on the poles of this fire and police wire space shall be determined on specific appliCations for space, at the time the applications are received from the City, and will be allotted in accordance with the considerations for electrical construc- tion of the United States Department of Commerce, Bureau of Standards. In its wire construdtion on the Telephone Company's poles, the City will follow the suggestion and requirements laid down for wire construction in the Rules and Regulations of the Bureau of Standards of the United States Department of Commerce. Where conduits are laid or are constructed by the Telephone Company, said Company shall hold itself reach to furnish sufficient duct space not to exceed capacity of one duct for use by the City in carrying its police and fire alarm wires. All such wires, whet~er on poles or mn conduits, shall be constructed, maintained and ooerated in such manner as not to interfere with or c~eate undue hazard in ~he oper- ation of the telephone system of the Telephone Company. It is further agreed that the Telephone Company shall not be responsible to any party or parties whatsoever for any claims, demands, losses, suits, judgments for damages or injuries to persons or. property by reason of the construc- tion, maintenance, inspection or use of the police and fire. alarm wires belonging to the City, and the City shall insure, indemnify and hold the Telephone Company harmless against all such claims, losses, demands, suits, and judgments. FACILITIES TO BE FU~IISHED CITY AS ADDITIONAL CONSIDERATION: SECTION 10: ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE ATTACHED. Nothing in this ordinance contained shall be construed to require or per- mit any electric light of power wire attachments by the City ~ for the City, nor to require or permit any electric light or power wires to be placed in any duct used by the City in the Telephone Company's conduits. If light or power attachments ~re desired by the City or for the~Oity, or if the City desires to place electric light or'power wires in any duct used by the City, then a further separate noncontingent agreement shall be prerequisite to such attachments or such use of any duct used by the City. Nothing herein shall obligate or restrict the Telephone Company in exercising its right voluntarily to enter'into sole attachment, pole usage, joint ownership, and other wire sp~ce and facilities agreements with light and power companies and w~hother ~±re using companies which may be privileged to operate within the City. SECTION 11: PERIOD OF TIME OF THIS ORDINANCE - TERMINATION. This agreement shall be in full force and effect for the period .~egfnn- ing with the effective date hereof and ending twenty (20) years after January 1, 1962. SECTION 12: NO' EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. Nothing herein contained shall be construed as giving to the ~elephone Company any exclusive privilege. SECTION t~: .SUCCESSORS AND ASSIGNS. The rig~, Pb~ers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. ~C~ON!~.: PARTIAL INVALIDITY AND REPEAL PROVISIONS. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal,_ultra vires or unconstitutional, such invalid- ity shall not effect the Validity of~the remaining portions of this Ordinance. All ordinances and agreements and parts of ordinances and .agreements in'conflict herewith are hereby repealed. ' ~ECTION l~: ACCEPTANCE OF AGREEMENT. .The Telephone Company shall have sixty (60) days from and after the pass- age and approval of this ordinance to file its written acceptance there- of with the City Secretary, and upon such acceptance being filed, this ordinance shall take effect and be in force from and after the date of its passage and approval by the Mayor and shall effectuate and make binding the agreement provided by the~-terms hereof. SECTION 16: CONTROL OF STREETS AND ALLEYS. The full control of the.streets and alleys is reserved in the City of Plainview, subject to the terms and conditions of this franchise. Whenever it shall be necessary or advisable for a City Street or alley to be Widened or improved as may be determined by the City Couhcil, and the existing poles, conduits or telephone lines of the Teleohone Company, its successors or assigns, are so situated as to inter~ere with the use of said street, alley or stre%t or alley right of way by the Gity or the inhabitants thereof~ the said Telephone Company, its successors or assigns, shall,, at its own cost and expense, move said poles, conduits and telephone lines to a place along said City street as directed by the ~City Council. SECTION 17: RIGHT OF CiTY TO INSPECT BOOKS AND RECORDS. The City Council shall have the right at reasonable times and places, acting by and through an agent or representative, to examine any books or records of the Telephone Company pertaining to the operation of said telephone system in the City ~f Plainview for the purpose of ascertain- ing the correctness of any statement submitted to the City by the Tele- phone Company, or when in the opinion of the City Council, said examina- tion may be necessary to d~termine the correctness of the rates or charges for telephone service in the City of Plainview, Texas. SECTION 18: INDENNiTY AGREEMENT.~ Notwi{hstahdinE any other provision of this ordinance, it is further agreed that the City shall not be responsible to any party or parties whatsoever f0r%any claims, demands, losses, suits or judgments for damages or injuries to persons or property by reason of any construction or maintenance or operations or actions or conduct of the Telephone Co- mapny in operating its telephone system in the City of Plainview, or in connection with any act done by the Telephone Company permitted by this ordinance or any section hereof, or as a result of any act or acts of the Telephone Company pursuant to any permission or authority derived under this ordinance, and the Telephone Company shall insure, indemnify, and hold the City of Plainview harmless against all such claims, losses, demands, suits and judgments. PASSED AND APPROVED, this 4th day of March , A.D., 1963. ATTEST:' M. L. Rea City Clerk M. B. Hood Mayor A~FF[DAVIT oF ~PUBLISHER THE STATE OF TEXAS, Cour~ty of Hale. Before me, the undersigned authority, on this day personally appeared ..... .a..~. ~.~..~. :...0~.~..~..d. ............ ~o~ ~o me to be the publisher of the Plainview Herald, a newspaper of general circulation published in Plainview, Hale County; said newspaper has been continuously and regu- larly published in said County for a period Df more than one year; who on oath deposes and says that a capy of the attached was p~bli~hed in the Plainview Daily Herald in its issues of ..... ..~..1".~.~. ~ ................ and the attached clipping is a true copy of ~.~publicabion. Plainview~ Texas ..... ~4.~y...~ ..... 19. ~ Sworn to and subscribed before me, this .23.R~ ........... d~y of . :~y. ............ .ved b~ Alderman/Stoke_s and second by Alderman Garrison that ura~nance 7E3 , Bond for ~uilding Contractors be passed. The Motion 0arried. ORDnANCE'NO. '~783 AN ORDINANCE PROVIDING THAT PERSONS DESIRING TO ENGAGE IN THE BUSINESS OF F~ERAL CONTRACTING IN THE CITY OF PLAINVI~FILE ~TH THE BUILDING OFFICIAL A BOND CONDITIONED AS PRO¥IDED iN THIS ORDINANCE: PROVIDING THAT ALL PERSONS WHO DESIRE TO ENGAGE IN SUCH BUSINESS SHALL FILE SUCH BOND; AND PROVIDING A EENALTY FOR THE VIOLATION OF TH~S ORDINANCE. BE IT ORDAINED BY THE CITY OOUNCIL OF THE ~ITY OF PLAINVIEW: SECTION 1: Any person, firm or corporation desiring to engage in the bUsiness of general contracting, or any person desiring to contract for the construction of any building or doing any repair work for which a permit is required under the terms and provisions of~the Building Code of the City of Plainview, shall file with the Building Official of the City of Plainview a bond in the sum of Five Thousand and No/ 100 Dollars ($5,000.00), which said bond shall be executed~iby a surety company authorized to do business in the State of Texas. SECTION 2: The said bond as provided for in Section i hereof shall be conditioned upon the faithful performance of all the provisions of the Building Code, Ordinances, and other regulations of the City of Plainview covering construction~ alteration, repair or other work done in the course of the contractors business, or in the course of the construction of any building~ &l~eration or repair work to be done by the said contractor. Said bond shall bind the principal and surety to pay to the City of Plainview and to the owner of the property upon which the work is done or materials furnished by the principal, and/or any other person who may be actually injured or damaged by breach of th e conditions of the bond, at pl$inview, Texas, the sum of Five Thousand and No/lO0 Dollars ($5,000.00}, conditioned upon the faithful perform- ance of all of the provisions of the Building Code and other regulations of the City of Plainview covering construction, alteration, repair or other work done in the course of his said business, not to exceed the face amount of the bond; provided, that written notice o~ such damage and the probable amount thereof is given to the surety wmthin ten (~0) days after the discovery of the damage, and in no event not later than ninety (90) days after the completion or abandonment of the work by such contractor, and provided further that liability of the bond for the full amount thereOf shall continue until the surety has given the City written notice of the cancellation or of the amount of claims it has been notified of, in which event the contractor shall not pursue the work further until the bond for the full amount is filed and approved No permit shallbe granted and no work started by a contracto~ any contract or for the erection, alteration or repair of any building or other structure requiring a permit, until the said bond has filed by said contractor and has been approved by the Build~ :ial of ~he City of Plainview or an authorized assistant to the Iding Official of the City of Plainview ~s~to form and condi- tion, and such approval has been written on the face of the bond. Immediately upon approval of said bond it shall be effective and the principal deemed to have complied with the bond provision of said Code, and provided fUrther that liability on said bond for the full amount thereof shall continue until the surety has given the City written notice of the cancellation or of the amount of claims it has-been notified of, in which event the contractor shall not pursue the work further until the bond for the full amount has been filed and approved. SECTION ~: Any person who shall violate the terms and provisions of this'ordinance, or any person who is responsible for its violation on the part of any firm or corporation, or any person who shall fail to comply with the terms and provisions of this ordinance, or any per- son who is responsible for the failure of any firm or corporation to ~omply with the terms and provisions of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than One Dollar ($1.00) nor more that One Hundred Dollars ($100.00). Each separate day such person shall violate the terms and provisions of this ordinance, or each separate day that suchperson shall fail to comply with the provisions of this ordinance, shall be considered a separate offense. PASSED AND APPROVED ~this ~ day of March, A.D., 1963. It was moved by Alderman Hanna and Seconded by Alderman Garrison that the following resolution be adopted. The Notion Carried. RESOLUTION BE' IT RESOLVED that the City of Ptainview, Texas, join with Vivian 0. Graham, as 'trustee for the Lizzie Merryman T~ust, Plainview Independent School District, and H. A. Hubbard to rescind ind make null and void restrictions and covenants created by. Instrument execut'ed by the four of us dated April 26, ~960, recorded in Book 360, page 617, Deed Records, Hale Oounty, Texas, insofar as same may cover or apply to Lots Nos. 27 and 28, in Block 2 of the Merryman Addition to the City of Plainview, Texas, plat of which is attached to said instrument and to provide.that the restrictions and covenants shall no longer apply to these lots, and our Fmyor is authorized to join in execution of a p~oper instrument to effectuate this resolution and our ~lerk is auth- orized to attest and affix our seal hereto. I, N. L. REA, City Clerk of the Oity of Plainview, Texas, do hereby certify that the above and foregoing resolution was unanimously adopted by the City Council of the City of Plainview, Texas, at its meeting called for the purpose of regular business,.and that the re- solution was unanimously adopted after mo~ion duly made, seconded and ~iscussed, and that the meeting was duly called and held at the regular meeting ~lace. of the City Council, and that it was attended by all members o~ the City Council and that the meeting wascalled and held in the mammer provided by the by-laws of the corporation, and that the resolution has not been rescinded nor amended in any particular. TO CERTIFY WHICH ~TNESS ~y hand and seal of 'said corporation on this '~ 1~h day of March, 1963. 1963 · M. L. Rea citycierk ' Sworn to and subscribed before me on this the day of March, Ndta~y'pu'blid, 'Hgle' o,muty,Texas It was moved by Alderman Garrison and seconded by Alderman Hanna that ~h~ following ordinance be passed. ORDINANO.E NO. ~78~ AN ORDINANCE FIXING THE FEES TO BE CHARGED IN CONNECTION WITH THE ACTIONS TO BE! TAKEN AND THE FILING OF INSTRlWI~NTS WITH THE BUILDING,OFFICIAL, PLANNING & ZONING COMMISSION, AND BOARD OF ADJUSTMENT OF THE CITY OF PLAINVI~. BE. IT ORDAINED BY THE CITY COUNCIL 'OF THE CITY OF PLAINVIEW: Section l: In connnection with the filing of zoning permits, appli- cations~aring before the Board of Adjustment and the Planning and Zoning Commission and the City Council, the following schedule of fees is hereby adopted$ BUILDING OFFICIAL: A. ZONING PERMIT BOARD OF ADJUSTS~IT A. ~y application or hearing NO Charge $15.00 PLANNING AND ZONING COMMISSION: A. Any application or hearing B. Request.denied, and not appealed to City Council $30.00 $15.00 Ref,mnd CITY COUNCIL A. Appealed t~, ~rom unfavorable action of Planning & Zoning Commission No Refund B. Request recommended by the Planning- & Zoning Commission, and apRroved by the City Council No Refund C. Appeals: (1) ~pproval or Disapproval No Refund SECTION 2.: No permit, amendment, 'special exception or variance shall beis'~U~unless or until such costs, charges, fees or expense~ have been paid in full, nor shall any action be taken or public hearin be held unless or until preliminary charges and fees have been paid in full in accordance with the schedule hereinabove set out. PASSED AND APPROVED t~is , 1963. ATTEST N, L. Rea NY'-L,~ '~A-~ CITY CLERK 1st day of April , M. B. Hood ' 'M. B.'HOOD':' MAYOR "- ORDINANCE NO. 785 lW ORDINANCE ANN~ING AND INCORPORATING INTO THE CITY LITfITS OF THE CITY OF PLAINVIEW, TEXAS, ANS AREA ADJACENT THERETO AND FINDING AND DETErMIN- ING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CiTY OF PLAiNVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk 't of tae City of Plainview, Texas, petitioning the City Council of the ~ity of Plainview to annex and admit the following described area and terri- tory into the CitF of Plainview, Texas, to-wit: A tract of land out of the North Half of Section 34, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point 2,697.5 feet North and 1,752 feet West of the Southeast corner of Section 34~ Block JK-2, Hale County, Texas, said point also being the Southwest corner of the Akin and Webb Addition to the City of Plainview, Texas; THENCE North 630 feet along the West line of said Akin and Webb Addition to a point in the South line of 18th Street; THENCE West 198.9 feet along the South line of 18th Street to a Sou~h Southwest corner of the Junior High Addition to the City of Plainview, Texas; THENCE North 360 feet along a West line of said Junior High Addition to a point in the South line of 19th Street; THE~NCE West 1,Oll feet along the South line of 19th Street and a South line of said Junior High Addition to a point in the East line of Yonkers Street and the East Northeast corner of Edgemere Addition, Unit No. l, to the City of Plainview, Texas; THENCE South 990 feet along the East line of Yonkers Street to a point in the North line of 16th Street and the Southeast corner of said Edgemere Addition, Unit No. l; THENCE East 1,210.5 feet along the North line of 16th Street to the place of Beginning; and WHEREAS,~the City Council upon a consideration of said petition, has found an~ determined that a ~majority of the resident qualified taxpaying voters residing in said ~.rea have signed said petition; and uous to is desira of to the City Council finds that all of said area is contig- -esent city limits of the ~.ity of Plainview, and that it exoedient and for the best interests for the residents and for the City of Plainview that said area be annexed ~f Plainview; NO~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: l: It is found and determined by the City Council that the :ribed tract of land, to-wit: A tract of land out of the North Half of Section 34, Block JK-2, H~le County, Texas, described by metes and bounds as follows: BEGINNING at a point 2,697.5 feet North and 1,752 feet West of the Southeast corner of S~ction 34, Block JK-2, Hale County, Texas, said point al~o being the Southwest corner of the Akin and Webb Addition to the City of Plainview, Texas; THmNCE North 630 feet along the West line of said ~kin and Webb Addition to a point in the South line of 18th Street; THENCE West 198.9 feet along the South line of 18th Street to a South Southwest corner of the Junior High Addition to to the City of Plainview, Texas; THENCE North 360 feet along a West line of said Junior High Addition to a point in the South line of 19th Street; THENCE West 1,Oll feet along the South line of 19th Street and a South line of said Junior High Addition to a point in the EasR tine of Y_nkers Street and the East Northeast cor- -nor of Edgemere Addition, Unit'No, l, to the City of Plain- view, Texas; THENCE South 990 feet along the East line of YAnkers Street to a point in the North line of 16th Street and the South- east corner of said Edgemere Addition, Unit No. l; THENCE East 1,'210.5 feet along the North line of 16th Street to the Place of Beginning; and all of which land lying and being situated in Hale County, Texas, is contiguous to the City Limits of the City of Plainview, Texas. Section.2: It is found and determined that a majority of the qualified taxpaying voters in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the 'cor- porate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Section 4 of the City Charter of the City of Plainview. ~ It is found, determined and ordered by the City Counc~--~City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City Limits of the City of Plainview. Section_~:~ It is further 'determined and ordered by the City Council that' tee above described area from and after the effective date of this ordinance be subject to the control and jurisdic~.on of the City of Plainview and be subject to taxes and other assessments which may be levied by law from and after January l, 1964. PASSED, APPROVED AND~ADOPTED this 6t~day of May, 1963, A.D.,1963. M. B. Hood M. B. Mood,~"Mayor''' ~..L. R~a M~.' ~L. R~a, City Clerk It was moved by Alderman Garrison and seconded by Alderman Hanna to .approve the petition for annexation of a tract of land containing 5.33 acres as d~sceibed in the petition and to accept Ordinance No. 786 annexing and incorporatingz the said 5.33 acres into the City Limits of the City of Plainview, Texas. The Motion Carried. ORDINANCE No. 786 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TE~AS, AN AREA ADJACENT THERETO AND FINDING AND DETERM- INING THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALI~FIED TA_~PAYING VOTERS WXTHI~ SUCH AREA MAVE FILED ~TH THE CITY CLERK SUCH PETITIONS REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the City 9f Plainview, Texas, petitioning the City Council of the City of Pl~inview, to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: All of the Brock Addition, Unit No. 5, an addition to the Town of Plainview, Hale County, Texas, as shown by map and plat of same recorded in the Deed Records of Hale ~County, Texas, and sn file with the City Planning Commission of the City of Plain- view, Texas, and on file with the Cit~ Clerk of the City of Plainview, Texas; and WHEREAS, the City Council upon a consideration of said petition, has found and determ~.ned that a ma;jorit~ of the resident q.ualified taxpay'ing voters residing ~n said area have s~gned said petitiofi, and A;FFIDAVIT OF PUBILIS HER THE STATE OF TEXAS, Coun/:y of Hale. Before me, the undersigned authority, on this day personally appeared to me to be the publ/sher of the Plainview Herald, a newspaper of general circulation published in Plainvie~v, Hale County; said aewspaper has been cor~tinuously and regu- larly published in said County for a period Df more than one year; who on oath deposes and says that a copy of the attached was p~blished in the Plainvie~v Daily Herald in its issues of ....... .J.l~l..e....~., ............. and the attached clipping is a true copy of said................._publication. Plainview, Texas ...~. Sworn to and subserib~before me, this .... ..... ...... / ' / Not~ Public, Ha~e County, Texas Fr~kie S. Watson ~b~r'~ F~ ~.. ~?~.~9. ...... ~EREAS, the City Council finds that all of said are~ is contiguous to thepresent city Limits of the City of PI&inview, and that it is desirable, expedient and for the Best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview; NOW, THEREFORE BE IT"ORDAINED BY THE CITY COUNCIL OF THE CITY OFPLAINVIEW, TEXAS: SECTION 1: It is found and determined by the City Council that the following described tracts.~ ~f land, to-wit: All c~ the Brock Addition, Unit No. 5, as shown by map and plat of said subdivision, recorded in the Deed Records of Hale County Texas, and which subdivision is located on the following described tract of land, to-wit: BEGINNING at the S. ~. cormer of Brock Addition, Unit No. 4, Plainview, Texas, which point is.387.46 feet North and 1~260 feet West of the S. E. ~corner of Secti6n 27, Block JK-2, Hale County, Texas; THENCE East along the South line of Brock Addition, Unit No. 2 and 4, Plainview, Texas~ at 355 feet pass the S. W. corner of said Brock Addition, Unit No. 2, in all 580 feet to a point; THENCE South 15 feet to the beginning of a curve; THENCE Southeasterly 157.2 feet along a curve to the left with a radius of 200 feet, a central angle of 45°ol.8' and whose chord is 153.17 feet long and bears $22°3019tE, to a point of reverse cur~e; THENCE Southeasterly 216.1 feet along a curve to the right with a radius of 275 feet, a central aggle 45o01.8, and whose chord is 210.61 feet long and bears S22v30.9'E, to a point of tangency; · THENCE South 43.1 feet to a point in the South line ~ Section 27, Block JK-2; THENCE S89U16'40~W along the South line of said S~ction 27, at 75.O1 feet pass a point which bears South 19.37 f~et from a 2" pipe set in concrete for a control monument which bears North 75 feet from the N.~E. corner of Lot 15, Block 3, Wilcox Add- ition, Unit No. l, in all 578.17 feet to a point; THENCE North 71.28 feet to a point; . THENCE N26°OS'W 320.55 feet to a point, THENCE North 42.38 fee~ to the place of beginning and contain- ing 5.33 acres of land, more or less; and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2. It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the Oity Council to admit, incorporate and annex the above described area into the corporate limits of the City of Plainview, Texas, and that said petition is in all respects regular and in compliance with Sec- Tion.& of the City Charter of the City of Plainview. SECTION 3. .It is found, determined and ordered by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all re- spects incorporated into and made a part of the City Limits of the City of Plainview. SECTION 4. It is~further determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be subject to the control and jurisdiction of the City of Plain- view and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED AND ADOPTED, this 2Or--day of May , 1963. ATTEST: M. L. R~a , ~.' L. REA, C~ty clerk ' ~ City of PlainvieW; Texas M. B. Hood '~'. B. HOOD, Mayor, City of Plainview, Texas. ~ ~ ORDINANCE NO. 787 AN ORDINANCE AMENDING ORDINANCE NO.< 757+, AND PARTICULARLY SECTION 1 THEREOF, PROHIBITING THE OBSTRUCTION OF ANY KIND ON ANY PUBLIC STREET RIGHT OF WAY BETWEEN THE CURB DR GRADE LINE OF ANY PUBLIC STREET AND ABUTTING PRIVATE PROPERTY LINE, EXCEPT SINGLE TRUNK TREES PRUNED TO A HEIGHT OF~SEVEN_FEET ABOVE THE GROUND LEVEL WHERE GROWN, OR OTHER PLANTINGS TRIMAMED TO A HEIGHT OF TWO AND Ok~qE-HALF FEET ABOVE THE GROUND LEVEL WHERE GROWN, UTILITY POLES, STREET SIGNS, TRAFFIC SIGNS AND DEVISED PLACED IN SUCH AREA UNDER LAWFUL AUTHORITY OF THE CITY COUNCIL; PROVIDING THAT ANY SUCH OBSTRUCTIONS NOW EXISTING ON STREETS IN THE CITY OF PLA INVIEW SHALL BE REMOVED; AND ADDING SECTION 1-A TO SAID ORDINANCE PROVIDING THAT THE CITY MAY REMOVE SUCH TREES, HEDGES, GRASS, SHRUBS OR OTHER GROWTH PLANTED OR PLACED THEREON ~HENEVER IT DEEMS IT NECESSARY FOR IMPROVEMENT OF THE CITY STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1:. Ordinance No. 754 of the City of Plainview is hereby amendedmby Changing the provisions Of Section i thereof to read as follows: "Section 1: No ovstruction of any kind shall be main? tained, constructed, placed, planted or grown in any public street right of way between the curb or grade line of any public street and abutting private property lines in the City of Plain- view, except single trunk .trees prUned to a height of seven feet above the ground level where such tree.is grown; grass, hedge, shrubs, trees or other growth trimmed and pruned so as not to exceed two and one-half Feet in.height above the ground level where grown; utility~.poles.~i~street ~signs~ traffic signs, and other devises placed-i~ such area under lawful authority of the City Council. Section l-A: Ir is further provided that 'any such trees, grass, shrubs, hedges, or Other growth placed or planted on a stre et right of way in the City of Plainview ~ay be removed with or without notice by the City whenever the City deems it necessary~ or advisable for the purpose of sidening or improving said street or streets upon which said trees, grass, hedges,. shrubs or other growth is planted or placed, or in any other instance where the City Council deems it advisabZe and in the best interest and safety of the City of Plainview." SECTION 2: All other provisions of Ordinance No. 754 of the City of Plainview shall remain in full force and effect. PASSED this the 17th day of June, A.D., 1963. ATTEST: M. B. Hood M. B. HOOD, Mayor M. L. Rea M'.'L. Rea, City Clerk ORDINANCE NO. 788 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAiNVIE~J, TEXAS~ AN AREA ADJACENT THERETO AND FINDING AND DETE~INiNG ~HAT PETITION HAS BEEN DULY SIGNED, AND TAHT A MAJORITY OF THE RESIDENT, Q~LIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEX~~ TION AND MAKING.SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINViEW, TEXAS. WHEREAS, a Petition has been signed and filed with the City Clerk of the City of Plainview, Texas, petitioning the City Council of Plainview to annex and admit the following described area and $erritory into the City of Plainview, to-wit: TRACT NO. ONE B~ginning at a 2" pioe~ set in concrete for a central monu~t~,53~72 ~eet So~th and 76~'~eet W~st of the N. E. corner of the S. W. 1/4 of Section 38, B10~k JK-2, Hale County, Texas; Thence Northwesterly 198.33 feet along a North line of Unit~l, Thunderbird Addition to the City of Plainview, Texas, said line being a curve to the fight with a radius of 596.78 feet, a central angle of 19~02'29w, and whose chord is 197~44 feet along and bears N 8~38' 46~ W~ to a point of tangencY;67 Thence N. 70~'i~57' 31" W. .5 feet to a N. W. corner of said ~nit i and an East Corner of Unit 2, said Thunderbird Addition and the be- ginning of a curve to the right; Thence Northwesterly 283.75 feet along the N. E. line of said Unit 2, being a curve to the right with a radius of 361.61 feet~ a central angle of 4~ 57'31", and whose chord is 276.32 feet l~ng]and bears N. 4~ 2~'~" W. to a point of tangency; Thence N~26 00' W 283.1~ feet to the N. E. corner of said Unit 2; Thence S 6~ 00' W 60 feet along the North line of said Unit 2 to a point; Thence N 2~ O0~ W 32.32 feet to the beginning of a curve to the left; Thence Northwesterly lll.19 feet along a curve to the left with a radius of 335.3 feet, a central angle of 19~00' and whose chord is 110.68 feet ~ong and bears N~3~ 30' W, to a ooint of tangency; Thence N 45°00' W 60 feet to a point; Thence N 4~00' E 470 feet to a point in the west line of Unit 3 of said Thunderbird Addition; Thence S 4~00' E 60 feet to a S. W. corner of said Unit 3; Thence N 4~ O0~ E 130 feet to a re~entrant corner of said Unit 3; Thence S ~5~00' E 185 feet along the we~t line of said Unit 3 to the beginning of a curve to the right; Thence Southeasterly along a curve to the right with a radius of 570 feet, a central angle of 4~ O0', and whose chord is 436.26 feet long and bears S 22°30' E, at 19.47 feet pass the S.S.W. corner of said Unit 3, and the N~'N.W. 8orner of said Unit l, in a11~447.6~ feet to a point of tangency; Thence South along the West line of said Unit l, at a distance of 24.53 feet pass a 2" pipe Set in concrete for a control monument, in all 475.72 feet to the BLACE OF BEGINNING. ~ TRACT NO. TWO BEGINNING at a point 625 feet Southland 874.56 feet ~es-~o~the-~.Eo corner of the Southwest One-Fourth (SW 1/4) of Section 38, Block JK-2, Hale County, Texas, which point is a N.N.W. corner of~b~it l, Thunderbird Addition to the City of Plainview, Hale County, Texas; Thence Northwesterly 21~5'feet along a curve to the left with a radius of 630 feet and a central angle of ~ 57'27" to a point of tangency; Thence N 4~ 00' W 425 feet to a point; Thence S 4~ 00' W 190 feet to a N.E.E corner of Unit 4', Thunder- bird Addition to the City of Plainview, Hale County, Texas; Thence S 4~ 00' E 60 feet along the N.E. line of said Unit 4 to a point; Thence N 4~ 00' E 130 feet along the N.W. line of said Unit 4 to apoint; Thence South 45°00' E 185 feet along the N.E. line of said unit 4 to the beginning of a curve to the right; Thence Southeasterly 19.47 feet along a curve to the right with a radius of 570 feet and a central angle of ~ 57'27" to a N.N'W. corner of said Unit l; Thence N 46 degrees 57'27 "E 60 feet to the PLACE OF BEGINNING. and~ NHEREAS, the City Council upon a consideration of said Petition, has found and determined that a majority of the resident, qualified tax- paying voters residing in said area have signed said petition; and, WHEREAS, the City Council finds that all of said area is con- tiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that said area be annexed to the City of Plainview. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW,~T~AS: SECTION l: It is found and determined by the City Council that the two trac~t~ of land described immediately abo~e all of which land lies and is sitauted in Hale County, Texas; and is contiguous to the City Limits of the City of Plainview, Texas. ~E S CTION 2: It is found and determined that a majority of the qua- lifie~y~ng voters residing in the a~ove described area have duly signed a petition on fil& with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of Plainview, Texas, and that said Petition is in all respects regu~&r and in'compliance with Section 4 of the City Charter of the City of Plainview. ~: It is found, determined And ordered by the City Councii-b~t~-~City of Plainview, Texas, thht said petition in all things be granted and that the above described area be and the same zs in all respects incorporated into and~made a part of the City Limits of the City of Plainview. SECTION 4: It is further determined and ordered by the City Council that the above described area from and after the effective date of this ordinance be Subject to the control and jurisdiction of the City of Plainview and subject to taxes and other assessments which may be levied by law from and after ~, 1963. PASSED, APPROVED AND ADOPTED this the ~1 ~ay of July,1963. ATTEST: M. B. Hood ~-0f P!ainview, r~A~' M. L. Rea City 'Clerk', City of Plainvie~v'i'Te~x~s (Seal) THE STATE OF TEXAS COUNTY OF HALE I, ML L.~REA, City Clerk of the City of Plainview, Texas, do hereb~ certify that the above and foregoing is a true and correct copy of Ordinance No. ~ , adopted and enacted by the City Council of the City of Plainview,~xas, at its regular meeting on July 1 1963, by unanumous vote of all members present, 4 ~embers o~' the City Council being present, and that said Ordi~ance~-fs~now of re- cord in the Ninutes of said City Council in Volume 1__~_~2 Page 432 ~ GIVEN UNDER MY HAND ADN THE SEAL OF SAID CITY, this the 1 day Of ~, 1963. (SEAL) M. L. REA City Clerk', City' of P~aihview, Texas THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared M. L. REA, known to me to be the person and officer whose name is suscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration there- in expressed, and in"the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the !~. day of Jul~, 1963. (SEAL) ~_~Merryfeild Notary Pu$1ic, Hale"CoUnty~~ ORDINANCE NO. 789 AN ORDINANCE REPEALING ARTICLE 1V, SECTION 29 AND SECTION 30, OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957~,. WHEREAS, Section 29 and Section 30 of Article 1V of "The Code of the City of PlainvieW, Texas, 1957~, pertains to opening and closing hours of pool and billiard halls; and .WHEREAS, pool halls and billiard halls have not operated in the City of Plainview for many yearm, and therefore said sections have been inoperative; and WHEREAS, the Legislature has legalized the operation of pool halls subject ot the right of dities to regulate same, and the City CounCil of the City of Piainview either has considered or will dOn- sider the passage of a comprehensive ordinance which will include and provide op~ning and closing hours of billiard parlors and pool halls; NOW~ THEREFORE A~FFIDAVIT OF ,PUBLISHER County of Hale. Before me, the undersigned authority, on this day personally appeared James B. Oswald ....................................... k~o'~ql tO me to be the publisher of the Plainview Herald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper has been cor~tinuously and regu- larly published in said County for a per~od Df more than one year; who on oath deposes and says that a co~py of the attached was l~ablished in the Plainview Daily Herald in its issues of ....J~AlY..$~. ................. ..................................... and the attached clipping is a true copy of Publisher, '~- Sworn to and subscribed before me, this · ..1.gib. ......... day of .. July ........... t'~otary ~u~e, ~a e County, Te s Fr0Jtk~o ~,~ ~&tsorl Publisher's Fee $ ...... ;~. ..... Safety ~ meant, ~ Welfare of , (t) ~:~sed BE iT ORDAI~CED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW: ~ SECTION 1: Article iv, Section 29 and Section 30, of "The Code of t~ City of Plainview~ Texas, 1957" is hereby repealed. PAS$SD this the 15th day of July, A.D., 1963. ATTEST. M. B. HOOD M. B. HOOD, Mayor, City of Plainview M. L.~REA ~A-~City Clerk City of Plainview ORDINANCE NO. ~ AN ORDINANCE REGULATING THE ISSUANCE OF LICENSES FOR OPERATORS OF A POOL HALL OR BILLIARD PARLOR: PROVIDING FOR THE CANCELLATION THERE- OF: PROVIDING FOR THE SUPERVISION OF ANY PERSON, FIRM, ASSOCIATION OF PERSONS, OR CORPORATION OI~ING OR OPERATING A BILLIARD PARLOR OR POOL HALL WITHIN THE CITY LIMITS OF ~THE CITY OF PLAINVIEW: PROVIDING THECONDITIONS UNDER V~ICH SAID POOL HALL OR BILLIARD PARLOR IS TO BE OPERATED: PRESCRIBING OPENING AND CLOSING HOURS: AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAiNVIEW: Section 1: Definitions. (a) The term "billiard parlor" and the term '~po~'R-gi-~" as used in this ordinance shall be synonymous. The term "billiard parlor" and the term "pool hall" as used herein are defined as being any place, premises or building where a billiard table or tables or a pool table or tables are used~ maintained, kept, or exhibited for the purpose of profit, or any place where any billi- ard table or pool table is kept, used, maintained or exhibited where a charge is made for playing billiards or for playing pool on said table. (b) A "Billiard table" or "pool table" is defined as being any table surrounded by a ledge or cushion with or without pockets uoon which balls are impelled by a stick or cue. (c) The terms "pool hall operator" and "billiard parlor operator" as used in this ordinance shalt refer to and include every person, firm, association of persons, corporation, and every other orgaflization, o~¢n- lng and operating for profit a billiard table or pool table, by what- ever name called, and .where the player thereon does not or is not required to make a coin deposit causing an electrical connection of any nature of kind before such game may be actually commenced. Whereever the word "operator" is used in this ordinance, the same refers to both a "pool hall operator" or a "billiard parlor operator" as those terms are therein defined. (d) By the term "'Director of Public Safety and Welfare" as used herein is meant the Director of Public Safety.and Welfare of the City of Plainview, Texas. (e) By the term "City Council" aa used herein is meant the City Council or the governing body of the City of Plainview, Texas. (f) '%~ereever the word '~anager" is used herein, the same means and refers to the active manager or supervisor of a pool hall or billi- ard parlor. Section 2: From every person owning and operating for profit, and every-~ association of persons corporation and every other organiz- ation~ owning and operating for profit, a billiard table or poo~ table, by whatever name called, there shall be collected an annual tax of one- half (1/2} of the amount Of tax levied and col!ected thereon by the St~Ze of Texas for each billiard table or pool table so o-~ned and exhib- ited by such person, firm~ axxociation of persons, corporation or organ- ization owning and operating the same for profit. Section 3~_i No person, firm, association of persons, or corporation shall operate or exhibit or maintain a billiard parlor or pool hall with- in the City Limits of the City of Plainview for the purpose of profit unless such operator has a valid license to pperate such billiard parlor or pool hall issued in accordance with the terms and provisions of this Sectign 4_: No person shall manage, supervise or be in charge of a billiard ~arlor or pool hall except an owner or part owner unless such person has a valid manager's license to so manage or supervise said billiard parlor or pool hall issued in accordance with the terms and provisions of the ordinance. Sect~ (a) Any person, firm, association of persons~ or cor- porat~-6-~ desiring to operate a pool hall or billiard oarlor within the City Limits of the City of Plainview sh~ll make application to the Dir= ector of Public Safety and Welfare for a license to so operate such pool hall or billiard parlor. A separate license is hereby required for each- separate place of business wherein billiard tables or pool tables are kept-, maintained or exhibited for the purpose of profit. (B) The said Director of Public Safety and Welfare shall then make an investigation of the applicant and make a determination as to whether or not such applicant is qualified under the terms and provisions of this ordinance to' receive such license. (c) If the Director of Public Safety and Welfare. refuses to issue such license, then such applicant may appeal to the City Council of the City of Ptainview. Section 6: All applications for a license applied for under this ordinance shai~show: (a) ited; The place where the billiard bable_or tables are to be exhib- (b) That the place where said billiard .table or tables are to be exhibited is not in violation of or in conflict with any existing zon- ing ordinance of the City of Plainview or the provisions of any existing zoning ordinance of the City of Plainview; ~ (C) That there are adequate toilet facilities on said premises where the billiard table or tables are to be-exhibited; (d) That the said place, building and location has adequate safe- guards for the safety of the occupants in the event of fire. Section ~7: (a) No license to operate a billiard parlor or a pool hall shall ben,ranted to any applicant if the owner, owners, part owner, a partner~ the managerthereof, or any of them: (1). Is not a person of good moral character; (2) Has been convicted of a felony; (3} Is under probation or suspended sentence pursuant to prosecu- tion for a felon offense; (~) Has been convicted of a biolation of a liquor laws of the State of Texas or-of any other state. (b) if a corporation is the applicant for a license to operate either a billiard parlor or a pool hall, the officers and.directors thereof shall have the same qualifications as are'required of an owner who is an applicant. No corporation shall operate a billiard parlor or pool hall unless there is a manager thereof who has supervision of such billiard parlor or pool hall, and the said manager shall be a person who has a license to act as a manager of a billiard parlor or.pool hall in accordance with the terms and provisions of this ordinance. Section 8: (a) No person except the owner or part owner of a pool hall or billiard parlor shall act as the manager or supervisor of' a billiard parlor or pool hall unless and until he has obtained a pool hall manager's license or billiard parlor manager's license from the City of Plainview. (b) The said manager's license shall be issued-by the'Director of Public~.Safety and Welfare upon the same conditions and with the same pro- cedure and subject to the same provisions for cancellation thereof as is herein provided for licenses for the operator of a pool hall or billiar~ parlor. (c) No manager's license shall be granted any applicant therefor unless said applicant: (1) Is a person of good moral character; (2) Has never been convicted of a felony; (3) Has never been convicted of a violation of the liquor laws of the State of Texas or any other state; or (4) Is not a person who is under probation or suspended sentence pursuant to prosecution for a felony offense. (d) The,license of a manager issued hereunder may be cancelled by the Director of Public Safety an8 Welfare or may be suspended uoon the same grounds and in accordance with the same procedure as. ms herein provided for the cancellation or suspension of the license to operate a pool hall or billiard parlor. (e) Any violation of the terms and provisions of this ordinance by a manager of a billiard parlor or pool hall or failure to comoly with any provision of this ordinance by said manager shall be grounds for the suspension or cancellation of his said license by the Director of Public Safety and Welfare, subject to the procedUre prescribed herein for the cancellation and suspension of the license to operate a billiard parlor or pool hall. (f) The Director of Public Safety and Welfare may, pending the investigation, issue a temporary pool hall manager's license for a term not to exceed thirty days. (~) A pool manager shall have the same duties and r~-?onsibi!ities pertaining to the operation of a pool hall or billiard parlor as is re- quired of the owner or operator of a billiard parlor or pool hall under the terms and provisions of this ordinance. (h) Where the owner or part owner is the actual manager and super- visor of a billiard parlor or pool halli it shall not be necessary for a person holding a pool hall or bi%iiard parlor manager's license to be in charge of each 'separate extablishment. (i) k~ere the owner or part owner of said pool hall or billiard parlor is not the active manager or supervisor thereof, said pool hall or billiard parlor shall, not operate unless it is managed and supervised by a person who has either a pOol hall or billiard parlor manager's lic- ense as the active manager and supervisor thereof. The operation or attempted operation or supervision of a pool hall or billiard parlor by one who does not have a manager's license as prowided for herein and who is not an ov~er or part owner thereof shall constitute grounds for cancellation of.said pool hall or billiard parlor operator's license. Section 9~ Each applicant for an operator's license or manager's tiCen~t the time of fi~ing his application for licanse pay to the City of Plainview a fee of $25.00, which fee is hereby levied for the purpose of paying the cost of investigation to be made by the agents of the City of Plainview, and for clerical work in connection with the issuance of said license. In the event, the license is refused or revoked, the fee will nbt be returned. Section 10: The manager, operator, owner or-any agent, servant or employee of the manager, operator or owner of any said pool hall or billiard parlor shall not: (a) Permit any person who is under the influence of intoxicat- ing liquor to remain on the premises where said billiard parlor or pool hall is located; (b) Permit any drinking of intoxicating liquor upon or within the premises where said pool hall or billiard parlor is operated and lo- cated; (c) Drink any intoxicating liquor himself while he is on the premises where said billiard parlor or pool hall is located; (d) Remain on the premises himself for any length of time when 'he himself is under the influence of intoxicating liquor; (e) Knowingly permit anyone to remain on said premises who is carrying a pistol, dirk, s~itch blade knife, or other offensive weapon; (f) Permit gambling of any kind on said premises; (g) Permit any card playing on said premises. Section I1: Every person, firm, association of persons~ or corpora- tion, owning or operating a pool hall or billiard parlor or combination o~ within the corporate limits of the City of Plainview shall remain closed and permit no person to loiter or play therein either with or with- out charge except during the hours that the same is herein permitted to remain open, which said hours are in accordance with the following schedule: (a) On Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, the ~aid pool hall or billiard parlor shall close at 10:30 P. M. and re- main closed until 8:00 A. M. of the following day; (b) On Saturdays the said pool hall or billiard parlor shall close at lO:30~'P. M. and remain closed until 8:00 A. M. of the following Monday. Section 12: No person who is under the age of eighteen (18) years a sh ll be permitted to play on the billiard tables or pool tables or to loiter in a pool hall or billiard parlor on any day when school is in session, except from 4:30 P. M. to 8:30.P.M. (nor at any other' time after 8:30 P. M.) unless said person is accompanied by one of his parents. It shall be the duty of the owner, operator or manager of any pool hall or billiard parlor in the City of Plainview to enforce this provision, and failure to do so shall be grounds for cancellation of said owner's, oper- ator's or manager's license to operate a pool hall or billiard parlor in the City of Plainview. Section I3_: In the event that any billiard table or pool table is exhibited fof%~e purpose of profit in connection with the operation of any other typ~ of business, such as a bowling alley, the the hours of closing and opening shall apply to that portion of said establishment upon which the said billiard table or pool table, or tables, are located, but shall not.effect any of the other businesses. Section 14~ It shall be the duty of the operator of any billiard parlor or pool~hall, and the duty of any manager thereto, to maintain the peace and decorum of all persons coming into and~on to and remaining on the premises where said billiard parlor or pool hall is operated. Any breach of the peace, assult, affray or any Other violation of the penal laws of the State of Texas occurring on the~premises where a billiard parlor or pool hall is being conducted within the City Limits of the City of Plainview shall be considered spawned by reason of said operation o£ the said billiardrparlor or pool hall and shall be and constutute grounds for cancellation or revocation of the~license of the operator of such billiard parlor or pool hall. Section 15: The Director of Public Safety and Welfare may cancel or suspend for any-length of time not to exceed thirty days, any pool hall or billiard parlor operator's license, or any pool hall or billiard par- lor manager's license, for a violation of any of the terms and provisions of this ordinance, or in the event of failure on the part of the operator or manager to keep, observe and comply with any and all of the provisions of this ordinance. The City Council of the City of Plainview sh~ll haV, the same authority either on appeal or on its own initative to cancel or suspend either an ooerator~s or a manager's license. In this connection the said operator or manager shall be responsible for the acts and conduct of his sM~nts~ servants or employees in connection with the operation of said billiard~parlbr or pool hall shall for the purposes of cancellation or suspension of a license be considered and taken as the action and con- duct or omission of such operator. The operator of sa.id pool hall or bill- iard parlor shall be responsible for the acts and conduct and omissions of the manager of said pool hall or billiard parlor~ in the event the operator is not the active manager and suoervisor of said pool hall or billiard par~ lor. ~ S-ction 16: The Director of Public Safety and Welfare before cancel- ling or suspending any license as provided for herein for the violation of any of the provisions of this ordinance, shall hold a hearing thereon and in regard thereto and shall give the operator of said billiard parlor or pool hall notice in writing of the time and place of said hearing. Said notice shall be in writing and may be served personally upon the operator of said pool hall or billiard parlor or by leaving a copy of same with any employee of said billiard parlor or pool hall or by mailing same-to said operator addressed to him at the address of said place of bUsiness where the said billiard parlor or pool hall may be located. In the event the said novice is given by mailing, the depositing of said notice in the'mail five (5) days prior to the date of the hearing shall be sufficient notice of the hearing, or if served personally as herein provided, said notice shall be served at least five (5) days prior to the date of the hearing. Section ~ In the event the operator of said billiard parlor or pool hall, or the manager thereof, is dissatisfied with the action taken by the Director of Public Safety and Welfare, said operator or manager may appeal to the Cit~ Council of the City of P!ain~iew. _The City Council may either affirm or Overrule the decision o~ the Director of Public Safety and Welfare pertaining to the cancellation or suspension of said lic- ense, or take such other action as said City Council may deem appropri- ate under the circumstances. Section 18: No person, firm, association of persons, or corporation who has had a license cancelled shall be reissued a license for a period of twelve (12) months subsequent to the date of cancellation of said license. Section 19: In the event of the cancellation of said license, no license s~[i-~l be granted for the operation of a billiard parlor or pool hall uoon the premises where said billiard parlor or pool hall was operated for a period of twelve (12) months thereafter, nor shall a license be granted to any operator who proposes to use the same billiard tables or pool tables in the operation of said business for a~period of twelve months (t2) thereafter, unless and until it is definitely shown and proven to the satisfaction of the Uirector of P~blic Safety & Wel- fare or the City Council, whichever the case may be, that the operator whose license has been cancelled does not have any interest, financial or otherwise, in and to the said place of business, or in and to said billiard tables or pool-tables. The term "financial interest" as used herein.shall include any liens, mortgage, or any other type of claim or interest in and to said billiard tables or pool tables or in and to the building wherein the said place of business is to be conducted, whether it be a fee Simple interest or a leasehold interest. Section 20.: Any person who shall, either for himself or as an employee for another, operate a pool hall or billiard parlor within the City Limits of the City of Plainview without having a valid license as required and provided for herein, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than One Doltar'($1*'O0) nor more than Two Hundred DolLars ($200.00). Each sep- arate day such person Shall operate a pool hall or billiard parlor with- in the City Limits of the City of Plainview without having a valid license as provided for herein, shall constitute a separate offense. ~ec_~tion 21:_ Any person Who shall manage or supervise a billiard parlor or pool hall witnout having a valid manager's license to so manage and supervise said billiard parlor or pool hall issued by the City of Plainview in accorda-nce'with the terms and provisions of this ordinance, shall be guilty of a misdemeanor and upon convictiOn thereof shall be fined in a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Each separate day such person shall manage or supervise a billiard parlor or pool hall within the City Limits of The City of Plainview without having a valid license to so manage and superv!se said billiard parlor or pool hall as provided for herein, shall constitute a separate offense. Section 22: Any person who shall violate any of the provisions of this or--~or which a penalty is not specifically provided for in Section 20 and 21 hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall~be punished by a fine of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Each separate day of such violation shall be considered and shall constitute a separate offense. Section 2~ Any person who shall either for himself or as a manager for another operate a pool hall or billiard parlor within the City Limits of the City of Plainview for any length of time after a license to so operate said billiard parlor or pool hall has been cancelled, or during the time that said license to so operate said billiard parlor or pool hall has~been suspended, shall be guilty of a misdemeanor and noon conviction thereof shall be fined in a sum of not less than One Dollar ($1.©0) nor more than Two Hundred Dollars ($200.00). Each seoarate day such person shall so operate a pool hall or billiard parlor a~ter the license has been cancelled or during the time said license has been sus- pended~ shall be considered and shall constitute a separate offense. Section 2~: No person shall have a vested right in any operator's licen~him, and the City ofPlainview reserves the right, acting by and through its governmental authorities, to amend or repeal this 'oridnance and to promulgate and pass amendments to this ordinance, or to promulgate and pa~s--other ordinances in lieu thereof regulating and controlling or banning pool halls or billiard parlors as herein defined, or regulating, controlling and licensing the owners, supervisors or operators thereof. Section 2~: If any part or parts of this ordinance shall be held to be invalid~ such decision shall not affect the validity of the remain- ing parts of this ordinance, and the City Council of the City of Plain- view hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid. PASSED AND ADOPTED this the 15t~ day of ~, A.D., 1963. ATTEST: M. B. Hood M. B. Hood, Mayor, City of Plainview M. L. Rea City C-l~~t"y of Plainview ORDINANCE-NO. 791 AN ORDINANCE PROHIBITING PARKING ON EITHER SIDE OF COL~iBIA STREET BE- TW~ENFOURTH STREE~ IN THE CITY OF PLAINVIEW: AND PROVIDING A VIOLATION THEREOF. WHEREAS,~congestion of traffic at the intersection Of Columbia Street and Fifth Street in the City of Plainview, Texas, makes it advisable to mot0~..vehicles or vehicles of any kind on either sSde of ,.h Street and Sixth Street in the City TH'EREFORE BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION SECTION 2: automoh side of City of PtainvJ ~w. kind of motor vehicle on either side of Street and Sixth~ Street is hereby-prohibited. ,all'park or cause to be parked a motor vehicle, fac or vehicle of'any kind on either Street and~ Sixth Street in the SECTION 3: Any person who shall violate or fail to comply with any of the ....... provzs~ons of th~s ordznance sha~l be deemed guxlty of a m~sde- meanor and ~zpon conviction t~greof.shall Be punished'by a fine in a Sum of hot less than One !Dollar ($1~.00) nor more than Two' Hundred Dollars ($200,00). PAoSED AND APPROVED this _Sth~ d~ay of ~E~St...., , A. D., 1963. ATTEST: L. a ORDINANCE NO. 792~A ~ ORDiNANCE~IENDING THE OFFICIAL ZONING MAP OF THE CITY'OF PLAINVIEW BY FIXING THE DISTRICT FOR T~qRiTORY NOT HERETOFO~ INCLUDED IN THE OFFICIAL ZONING MAP ~D ~{OT HErETOfORE INCLUDED IN AIrY DIS?RICT PROVIDED FOR BY ~ THE ZONING ORDINANCE OF THE CITY OF PLAINVI~M. the City Council finds that the territory hereinafter.de- scribed is within the~Oi~y Limits of the City of Plainview but has not heretofore been zoned, and that the formalities and requirementshave ~. been duly performedor duly waived by thos~parties havinga ~ight to complain in regard thereto, a~d the Planning and Zoning CommiSsion of the City of Plainview having recommended the action as taken in this Ordinance NOw, Therefore BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF PLAINVI.EW: SECTION 1: That all of that certain area within the City Limits of the city of Plain~iew and described as follows: A~:FI,DAVIT OF ~PUBiLISHER. THE STATE OF TEXAS, Coumty of Hale. Before me, the undersigned autho~ty, on this day personally appeared ....~. :...~.~.. ~e..r.r.y .................... k~o~r~ Lo me to be the publisher of the Plainview ~ierald, a newspaper of general circulation published hu Plainview, Hale County; said newspaper has been continuously and regu- Larly published in said County for a period ~of more than one year; who on oath deposes ~and says that a capy of the attached was f~!~blished Jn the Pla~nview DaLly Herald 'in and the attached clipping is a true copy of said publicat/~~ ..................... Pla~vi~, Texas .... ~?~U&:.~. .... ~..S~. Sworn to and sub~ribed before me, ~is .... ~b. ........ day of ...A~ ....... ; ...... :.. .:..:. BEGINNING at the Northeast corner of Section No. 28, Block JK-2, Hale County~ Texas; THENCE S. O' 02~ 30" W. 1680.45 feet along the East line of said Section No 28, to the Northeast riEht-of-way line of State High- way No. 70; THENCE Northwesterly 328.98 feet around a curve to the right and having a radius of 2827.42 feet and whose chord is 328.8 feet and bears N. 73° THENCE N. 70° 06~ W. Along said highway right-of-way, a distance of 822.1 feet to the beginning corner of this tract; THENCE North 70° 06'W. alOng said highway, a distance of 100 feet to a point; THENCE N. 19° 54' E, a distance of 300 feet to a point in the Southwest line of a 20 ffot alley; .THENCE S. 70° 06' E. 100 feet to a point; THENCE S.~ 19° 5~' W. 300 feet to the Place of Beginning; and con- taining 0.689 acres of land; be and the same is hereby declared and placed in District C-2. SECTION 2: The Building Official of the City of Plainview and the City Engineer of the City of Plainview are hereby directed to so amend the official zoning map of the City of Plainview to confSrm with this ordinance. Such amendment shall not become effective until the said change has been duly entered upon the official zoning map of the City of Plainv ~w. When the entry has been duly made on the official zoning map, it shall be signed by the Mayor and attested by the City Clerk. 17th day of April ~ , A. D., 1963 PASSED AND APPROVED this ATTEST: M. B. Hood Mayor, City of Plainview M. L. Rea ~ity ~Clgr~,' 'City of Plainview ORDINANCE NO 792 AN ORDINANCE REPEALING ORDINANCE No. 775 OF THE CITY OF PLAINVIEW, SAID ~ ADOPTED JANUARY 21, 1963 ORDINANCE BEING KNOk~ AS THE "ZONING ORDINANCE, . BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~;~: SECTION 1: Ordinance No. 775, known as the "Zoning Ordinance", of the City of Plainview, which was adopted on the 21st day of January, 1963, is hereby in all things repealed. PASSED, APPROVED ~ND ADOPTED by unanimous vote of the City Council of the City of Plainview, this 2nd day of September, A.D., 1963, at 8:15 o'clock P.M. __M. B. HOOD~ M. B.' HOOD, Mayor M. L. REA M~ City Cler~ ORDINANCE NO. 9~ AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO KEEP FOR ANY LENGTH OF T~¢E WHATEVER ANY PEACOCKS OR PEAFOWLS WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW AT ANY PLACE WITHIN TWO HUNDRED FEET OF ANY RESIDENCE OR DE~L~ ING, EXCEPT THE RESIDENCE OR DEWLLING OF THE O~ER OF SAID PEACOCK OR PEA- FOWL, AND PROVIDING A PENALTY OFR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW,~' SECTIO~.~: It shall be unlawful for any person, firm or corporation to keep for any length of time whatever any peacock or Pea£~wl~ '~ ~ '~ within the City Limits of the City of Plainview, Texas, except under the following ~ conditions: ~ (!) The said peacock or peafowl may be kept within the City Limits of the City of Plainview, provided that the pens where they are maintained or the roosts where they are kept ar not within two hUndred feet(200') of any-residence or dwelling, exsept that said peacocks or peafowls may be kept within two hundred feet (200') of~the dwelling or residence of theowner or owners of same. .~ SECTION 2: Any person who shall violate'or fail to comply with any of the provisions of this ordinance shall be deemed guilty Of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00). PASSED AND ADOPTED this 2 day of September, ArD., 1963. M. B. HOOD M. B'.' HOOD, Mayor --- M-.L. Rea 'M. L. REA., PETITION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW,TEXA~: NOW COM~ Martha L. Groff, joined by her husband, J. C. Groff, J. H. Swayze, Elmer Hays, and Ernie Miller', hereinafter refe~red~to as Petitioners, and would show to the Honorable Mayor and the City Council of the City of Plainview, Texas, as follows: I That your Petitioners are the owners of that certain-Sract of land, known as the Edgemere Addition, Unit No. ~ t~ the~~ City of. Plainview, Hale County, Texas, a plat of which addition is attached hereto, and which addition is more Particularly described as follows: BEGINNING at~a point in the West line of Section ~, lock JK-2, Hale County, Texas, and 1,002.5 ~eet South of its Northwest corner; THENCE East 170 feet to a point; THENCE South l0 feet to a point; THENCE East 1,135.9 feet pass the North- east corner of the Elmer Hays tract and the Northwest ~corner of the Martha L. Groff tract, in all 1,612.5 feet to a point in the WesD line of a tract deeded to the First Church of the Nazarene; THENCE South 1~0 feet to the Southwest corner of said Church tract and a 2 inch pipe set in concrete for a control monument; THENCE West along the Nor~th line of a dedicated street at ~32.5 feet pass the North- east corner of Terry Addition, Unit No. 3 to the City of Plainview, Texas, at ~76.6 feet pass the Southwest corner of said Martha L. Groff tract and the Southeast corner of said Elmer Hays tract, at 9~7.5 feet pass the South- east corner of the Swayze tract, at 1,067.5 feet pass the Southwest corner of the Swayze tract, at 1,752.5 feet pass a second 2 inch pipe set in concrete fora control monument, at 1,782o5 feet pass the Southwest corner of the Elmer Hays ~tract and the Southeast corner of the Miller tract, in all 1,827.5 feet to the Southwest corner of the Miller tract and the Northwest corner of Terry Addition, Unit No. 3 to the City of Plainvie~ Texas; THENCE North 150 lest to the Northwest corner of the Miller tract; THENCE East ~5 feet to the Northeast corner if the Miller tract, the Northwest corner of the Elmer Hays tract and the place of beginning, and containing 5.92 acres of land, more or less; that your petitioner, Martha L. Groff, is the owner of the following tract out of said addition, to-wit: A tract of land out of the North half of Section 3~, Block ~K-2, Hale County, Texas, described by metes and bounds as fcllows: BEGINNING AT a point 1,152.5 feet South and 1~305.9 feet East of.the Northwest corner of Section 34, Block JK-2~ Hale County, Texas; THENCE North 140 feet to a point; THENCE East 476.6 feet to a point in the West line of a tract deeded to the First Church of the Nazarene; THENCE South 140~£eet to the Southwest cormer of said Church tmact to a point; THENCE West ~76o6 feet along the North line of a dedicated street to t he place of beginning and contain±ng 1.53 acres of land, more or less, ~which tract shall constitute Lots 1, 2, 3, ~, 5, and the East 56.6 feet of Lot 6, Block 9, when Edgemere Addition, Unit No. 3 has been dedicated and approved; that your Petitioner~ J. H. Swayze, is the owner of t~e following tract out of said addition, to-wit: A tract of land out of the North half of Section 34~ Block JK-2~. Hale County, Texas~ described by metes and bounds as follows' BEGINNING at a point 1,4~7.5 feet North and 715 feet East of the Southwest corner of the North- west cornerof Section 3~, Block JK-2, Hale County, Texas, said point being 1,152.5 feet South and 715 feet East ~£ th~ Northwest corner of said Section 34; THENCE ~ast 120 feet to a point; THENCE NOrth 120 feet to a point; THENCE West 120 feet to a point; THENCE ~uth 120 feet to the place of beginning; which tract ~h&!l constitute Lots ~ and 5 of Block !0, when Ed~emere Addition, ~nit No. 3 ha~ been dedicated and approved; that your Petitioner, Elmer Hays~ is the owner of the following tract out of said addition, to-wit: A tract of land out of the North half of Section 54, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the West line of Section 34~ Block JK-2 , Hale County, Texas, and 1,002.5 feet S~uth of its Northwest corner; THENCE East 170 feet to a point; THENCE South 10 feet to a point; THENCE East 1,135.9 feet to & point; THENCE South 140 feet to a point; THENCE West ~70~9 feet to the South~at corner of th Swayze tract; THENCE North 120 feet to the Northeast corner of the Swayze tract; THENCE West 120 feet to the Northwest corner of the Swayze tract; THENCE South 120 feet to the Southwest corner of the Swayze tract; THENCE West 71~ feet to a point ~n the West line of said Section 3~; THENCE North 15~ feet along the West line of said Section 3~, to the place of beginning, and con- taining 3.91 acres of land, more or less, which tract shall constitute Lots 7, 8, and 9, and the West 8.4 feet of Lot 6 of Block 9, and all of Lots 1, 2, 3, 6, 7, 8, 9., and 1© of Block 10, and all of Lots 1, 2, 3, and 4 of Block 11, when Edgemere Addition, Unit No. 3 has been ~edicated and approved; that your Petitioner, Ernie Miller, is the owner of the following tract out of said addition, to-wit: A tract of land out of the Northeast 1/4 of Section 27, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the East line of Section 27, Block JK-2, Hale County, Texas, and 1000. 3 feet South of its Northeast corner, said point also being 1,637.5 feet North of the Southwest corner of the North- west 1/4 of Section 34, Block JK-2, Hale County, Texas; THENCE South 150 feet along the East line of 'said Section 27, to a point; THENCE West 45 feet to a point; THENCE North 150 feet to a point; THENCE East 45 feet to the place of beginning; which tract shall constitute the West 45 feet of Ennis Street, when Edgemere Addition, Unit No. 3 has been dedicated and approved. II Petitioners hereby represent to the Honorable Mayor and the City Counicl of the City of. Plainview, Texas, that they are all of the ta~paying, qualified voters owning land in said addition and that said tract of land lies adjacent to the Present city limits of the City of Plainview, Texas. Petitioners would further show the Honorable Mayor and City Council that said Edgemere Addition, Unit No, 3, contiguous to the City Limits and that such addition is in conformity with the plans in and for said City and has been approved by the City Planning Commission. Your Petitioners would further show that said addition accessible to sewer, wa~er, and electricity and that the owners of such addition have dedicated the streets and alleys to the public. IV. Petitioners would further s~ow and represent that all of said land and property is suitable for building sites and that it is desirable , expedient, and for the best interests of the residents of the City of P!ainview that said area be annexed to the City. WHEREFORE, we, the 'undersigned Petitioners, respectfully petition the Honorable M~anyor and the City Council of the City of Plainview, Texas, that the said area, territory, and tract of land above described be annexed to the City of Plainview and be subject to all its authority, ordinances,powers and governmental functions. WITNESS OUR HANDS this tSth day of August, 1963. Martha L. Groff J. C. Groff _~ J~ze ~S Ernie G. Miller Petitioners STATE OF TEXAS) COUNTY OF HALE) BEFORE ~, the undersigned authority, in and for said county and State, on this day personally appeared J. C. Groff and Martha L. Groff, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me ~that they each executed the same for the purposes and consideration therein expressed, and that said Martha L. Groff , wife of the said J. C. Groff having been examined by me privally and apart from her husband and having the same fully explained to her,~ she, the said Martha L. Groff acknowledged such instr~ument to be her act and deed, and she declared that she willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER ~ HAND AND SEAL OF OFFICE, this A_~ust ,1963. 15th day of B. B. Howle Notary Public, Hale County, Texas STATE OF TEXAS) COUNTY OF HALE) BEFORE I~, the undersigned authority, in and for said County, Texas, on this day personally appeared J. H. Swayze, known to be to be the person whose name is subscribed to the foregoing instrument, 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 the day of August , 1963 15th B. B. Howle Notary Fublic, Hale County, Texas STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Elmer Hays, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therin expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Shes the day of August , 196~. 26th Robert N. Payne Notary Publis, County, Texas Hale STATE OF TEEAS) COUNTY OF HALE ) BEFORE ME, the undersigned authority, in and for said County Texas, on this day personally appeared Ernie Miller, known to me to be the person whose name is subscribed to the~foregoing in- strument, 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 the day of Au~ _, 1963. 2oth B. B. Howle Notary Public, Hale oounty, Texas ORDINANCE NO. 793-A AN ORDINANCE ANNEXING AND INCORPORATING INTO THE C~TY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FINDING AND~ DETERMINING THAT A PETITION HAS BEEN DULY SIGNED AND THAT ~LL THE QUALIFIED TAXPAYING VOTERS OWNING LAND IN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION REQUESTING SUCH ANNEXATION AND ~KING SAiD AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW ~WHEREAS, a Petition has been signed and filed with the City Clerk of the City of Plainview, Texas. petitioning the City Council of the City of Plainview to annex and admit the following described area and territory into the City of Plainview, Texas, re-wit: Ail of the Edgemere Addition, Unit No. 3 to the City of Plainview, Hale County, Texas, as shown by the plat of said addition record-2 in the Deed Records of Hale County, Texas~ and on file with the City Planning Commission of the City of Pi&inview, Texas~ and on file with the City Clerk of the City of P!ainview, Texas; and WHEREAS~ the City Council, upom a consideration of said Petition, has found and determined that all of the qualified 'tax- payin~'v6ters~:?w~ho~ow~'la~d in:'~u~h a~e&~ahav9 BiE~ed~sue~ Petition and -. WHEREAS, the City Council finds that all of siad area is contiguous to the present city limits of the City of Plainview and that it is desirable, expedient and for the best interests for the City of. Plainview that siad area be annexed into the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY .COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION I It is found and determined by the City Council that the following described tract of land, to-wit: All of the Edgemere Additiona ~nit No. 3., to the City of Plainview, Hale County, Texas, as shown by plat of said addition recorded~n the Deed Records of Hale County, Texas, and which addition is located on the following described tract of land, to.wit: BEGINNING at a point in the West line of~ Section 34, Block Jk-2, Hale County, Texas, and 1,002.5 feet South of its Northwest corner; THENCE East 170 feet to a point; THENCE South l0 feet to a point; THENCE East at 1,135.9 feet pass the North~ east corner of the Elmer Hays tract and the Northwest corner of the Martha L. Groff tract, in all 1,612.5 feet to a point in the West line of a tract deeded to. the First Church of the ~azarene; THENCE South l~O feet to the Southwest corner of said Church tract and a 2 inch pipe set in concrete for a control monument;, THENCE West along the North line of a dedicated street at 432.5 feet pass the North- east corner of Terry Addition, Unit No. 3 to the City of Plainview, Texas,..at ~76.6 fee~ pass the Southwest'corner of said Martha L. Groff tract and the Southeast corner of said Elmer H~ys tract, at 9~7.5 feet pass the Southeast corner of the Swayze tract, at 1,067.5 feet pass t~e Southwest corner of the Swayz~ tract, at 1,752.5 feet-pass a second 2 inch pipe set in concrete for a contro~ monument, at 1,782. 5 feet pass the Southwest corner oftthe Elmer Hys tract and the Southeast corner of the Miller tract, in all 1,327.5 feet to the Southwest corner of t~e Miller tract and the NOrthwest corner of Terry Addition, Unit No. 3 to the City of Plainview, Texas; THENCE North 150 feet to the Northwest corner of the Miller tract; THENCE East 45 feet to the Northeast corner of the Miller tract, the Northwest corner of the Elmer H~ys tract and the place of beginning, and containing 5. 92 acres of land, more or less; and all of which land lying and being situated in Hale County, Texas is contiguous to the City limits of the City of Plainview, Texas. SECTION II It is found and determined that all of the qualified tax- paying ~wners residing in the above described area and all of the tax- paying voDers residing in said terrritory have duly signed the Petition on file with the City Clerk, 'eptitioning the City Council to admit, incorpormte and annex the above described area into the corporate limits of the City of Plainview, Texas, and that said Petition is, in all respects, regular and in compliance With the City Charter of the City of Plainview, and that said territory adjoins~he boundaries of the City of Plainview. SECTION III It is found, determined and ordered by the City Council of the City of Plainview, Texas, that siad Petition, in all things, be granted and that the above described area be and the same is, in all respects, incomporated into and made a part of the city limits of the City of Plainview. SECTION IV It is found,-determined and ordered by the City Council that the above described area, from and after the effective date of this Ordinance, is hereby annexed to the City of Plainview and that it shall be subject to the control and jurisdiction of the City of Plain- view and subject to taxes and other assessments, which may be levied by law after and from the enactment of this Ordinance. PASSED,~ APPROVED, AND ADOPTED THIS , 1963. day of M. B. HOOD-~YOR CITY OF PZAIK~IEW, TEXAS ATT EST: CITY CLERK STATE OF TEXAS) COUNTY OF HALE) I, M. L. Rea, City Clerk of the City of Plainview, Texas, ~do hereby certif~ that the above and foregoing is a true and correct copy of Ordinance No. 773-A , adopted and enacted by the City Council of Plainview, Texas, at its meeting on the 2nd day'of ~ , 1963, by unaminous vo~e of all members ~g a'ma~ority of the City Council and that said Ordinance is now of record in the minutes of the City Council in Volume Page 304 · GIVEN UNDER MY HAND AND SEAL OF SEAL CITY, this the day of ___~tember ~, 1963. M. L.REA-City Clerk City of Plainview, Texas 7th STATE OF TEXAS)' COUNTY OF HALE) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared M. L. Rea, City Clerk of the City of Plainview, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, andin the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE , this ~ember , 1963. 7th --day of Notary Public, Hale County, Texas ORDIEANCE NO. 79~ AN ORDINANCE TO REGULATE A~q3 RESTRICT THE LOCATION AND USE OF BUILD- INGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES, THE HETGHT, NUMBER OF STORES, AND SIZE OF BUILDING AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, AND THE DENSITY OF?~POPULA?ION, AND FOR SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS ~Y BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS: TP PRESCRIBE THE PENA~T~IES FOR THE VIOLATION OF ITS PROVISIONS AND TO PROVID~.~'FOR ITS ENFORCE~.~NT. ~A~EREAS, the City Council of the City of Plainview deems it necessary in order to lessen congestion om streets, to secure saf- ety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land;, to avoid undue concentration of population ; to facilitate the adequate provision of transportation, water~ sew- erage, schools, parks, and other public requirements, to conserve the value of property and encourage the most appropriate use of land throughout the city, all in accordance with a comprehensive plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: FOR THIS ORDINANCE REFER TO "ZONING ORDINANCE OF T~TE CITY OF PLAIN- VIEW". ADOPTED AND PASSED this the 2nd day of S_~tember_, A.D., 1963. ~,~. B. HOOD, Mayor CITY. OF PLAINVIEW ATTEST: M. L. RER, City Clerk CITY OF PLAINVIEW ORDINANCE NO. ?95 AN ORDINANCE GP~NTING TO O. P. HOLLAND, WAYNE ARNOLD, C. E. MCSWAIN~ AND DIVID' HARPOLE~ AS AGENTS FOR PLAINS C~A,T~V,, THE PRIVILEGE TO CONSTRUCT, ERECT, ~AINTAIN AND OPERATE TO%~TERS, POLES, WIRES, ANCHORS, C~BLES, ~{NHOLES, CONDUITS, AND OTHER APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER THE PUBLIC STREETS AND ALLEYS IN THE CITY OF PLAISSJIE%~ FOR THE PURPOSES OF OPERATING A TELEVISION SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TELEVISION SIGNALS; PRESCRIBING THE COMPESNATION FOR THE PRIVILEGE~./UONFERRED HEREBY; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS OT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH SYSTEM; AND PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SUCH SYSTEM UNDER THIS GRANT. ~ "'r 1'~ T~T BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAI~z~.: SECTION 1: For the purpsoes of this ordinance, the following terms, ~ords, and thier derivations shall have the meaning here- in given. When not inconsistent with the context, words used in the present tense include the future; words in the plural nymber include the singular number; and words in the singular number include the p~u- ral number, the word "shall" is always mandatory and not merely directory. (1) "City" is the City of Plainview, a municipal corporat~an located in the County of Hale, State of Texas. (2) "Grantee" is the person or corporation namediin Section 2 hereof as Grantee. (3) "Council" is the City Council of the City of PlaDnview. (~) "Person" is any person, firm, partenership, assaciation~ corporation, company, or orgRn±Z&tion of any kind. SECTION 2: There is hereby granted to O.P. ~ol!and. Wayne Arno,%d, c. E. McSwain, and David Harpole, as agents for Plains C.A.T.V. tnd~?~hereinafter called "Gramtee,, for the term of ten (10) ~eat§ from the effective date of this ordinance the right and privilege to construct, erect, operate, and maintain in, along, across above, over, upon, and under its streets, alleys, public ways, places easements, and properties, the said Grantee's cables, lines, necessary wiring, towers, poles, underground conduits, manholes, electronic con- ductors, and Other fixtures necessary for the maintenance and operation of a cable type television signal service, to the extent that such use will not interfare with the public's use or the City's ~se and to the extent that the City may lawfully permit the use of the above des- cribed properties for the purposes enumerated, This grant is further made subject to the right of the City, which is reserved in it, to cancel this grant and permit in the event of the violation by Grant- ee herein of any of the terms and provisions of this ordinance or in the event that the said Gran~ee herein fails to complete, keep and perform any of the terms and provisions of this ordinance. SECTION 5: Grantee shall have twelve months after the passage of th~s ordinance within which to have its said system of distribut- ing television signals in operation in the City of Plainview. Zf the said Grantee is serving as many as one hundred (100) patrrons, it sh~ll be considered as having its system in operation. If said system is not in operation as herein defined in twelve months from the date of this ordinance~ this grant and permit and franchise shall auto- matically terminate. SECTION ~: If at any time during the term of this permit, Grant- ee herein ~-hould fail to have as many as one hundred (I00) patrons for its television distribution service, then the City Council may in its discretion cancel and termintate this permit. SECTION 5: If at any time during the term of this permit, the said ~-~ntee shall fail to render a satisfactory service to the in- habitants of the City ofmPlainview, considering the type of service this permit is granted to accomplish~ the City Council may after notice to the Grantee herein cancel a~d terminate this permit,grant and franchise. SECTION 6: The work done in connection with the ~onstruction, erection, maintenance, operation or repair of said television signal system shall be subject to and governded by all laws, rules, and regulations of the City now in force, or that may be hereafter a- dopted, and Grantee shall be required bY order of the governing body of the City of Plainview to pla~e its wires in underground conduits in such a~eas within the fire limits of the City as such limits are now or may be hereafter be established. SECTION ~: No towers, poles manholes, or conduits s~r~~~e~edLb~;..G~afltee ' ~ withbut:~the..~xpr~ss'..~onS~n~ of_the City of Plainview,. and at locations to be approved by the City of Plainview, which consent shall be evidenced by a written Permit authorized by the City Engineer fo the City of Plainview governing body of the City of Plai~view. The Grantee shall move, at its own expense, its towers, poles wires, anchors, cables, manholes, conduits, and other appurtenances when requested to do so by the governing body of the Citynof Plainview for the safety or convenience of the City or its franchise~holders or citizens affected thereby. It is expressly provided that whenever by reason of the construction, repair, or maintenance, or the relocation, lowering of the grade, widening, raising of any street, alley, way or public place by the City of Plainview or by the location or manner of construction, reconstruction, maintenance, or repair of any public structure or facility by the City, it shall be deemed necessary by the governing body of the City for the Grantee to move, relocate, change~ alter, or modify any of its facilities, such change, relocation, ~lteration, or modification shall be promptiey made by Grantee when ordere~ in ~iting by the governin2 body of the City without claim for reimbursement or damages against the City. Upon notification to Grantee as herein provided, the said Grantee shall remove, re-lay, and relocate its poles, wires, underground conduits, manholes and other appurtenances and fixtures at its own expense. Ail transmission and distribution structures, lines and equip- ment erected by the Grantee within the City shall be so located as to cause minimum interferance with the proper use of streets, aiieys and other public ways and places, and to cause minimum interference with the rights of reasonable convemience of property mmaers who adjoin any of said streets, alleys or public ways and places. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own expense and in a manner approved by the Mayor of the City of Plainview, replace and restore all paving, sidewalk, driveway~or surface of any street or alley disturbed in as good condition as before said work was commenced, and ahall main- tain the restoration in such condition, reasonable wear and tear and acts of God only excepted, for a period of one (1) year. The Grantee shall not place poles or other fixtures where the same will interfere with any gas~ electric or telephone fixtures, water hydrant or main, drainage facility or sanitary sewer, and all such poles or other fixtures shall be placed as directed by City and in such manner as not to interfere with the usual travel or use of streets, alleys, public ways or other properties. The .Grantee shall, on the request of any person holding a building~-~ moving permit issued by the City, temporarily raise or lower its wires and cables to permit the moving of buildings, the expense of such tem- porary removal to be born by Grantee. SECTION 8: Ail installations made by the Grantee shall be made in sub~ and safe condition and shall be maintained in such con- good, ~ 1~ . dition at al Jmes The Grantee shall make no excavations in the streets alleys, or other public places without first procuring a written permit from the governing body of the City or its agent or reoresentative. The surface of any street, alley, or otherpublic place disturbed by Grantee maintaining, operating, or repairing its sys- ~ in constructing, erecting, . ~1 rem shall be restored immedlatea Y by Grantee after the completion of the work to as good a condition as before commencement of the work, and such surface shall be maintained at the cost of Grantee to the satisfaction '~ df the City for a period of one (1) year from the date such surface of said street, alley or public place is broken or excavated for such con- struction o.or maintenance work, after which time responsibility fDr the norma~ maintenance of such surface shall become the duty of the City unless the restoration of such surface by Grantee shall fail. No street~ alt'ey, or public place shall be encumbered for a longer period than shall be necessary to execute the work and location of all facilities of Grantee. Ail towers, poles, manholes, and conduits, and all anchors and cables shall be placed and all excavations and other construction in the street alleys, or public places and with the use of private property~ and in accordance with any direction given by or under authority of the govern- ~ ing body of the City of Plainview under the police and regulatory powers o~' the City. SECTION 9: The City shall have the power at any time to order and Gran'~e~ t"~' remove mad abate say tower, pole, wire, cable, anchor re qui re manhole, conduit, or other structure that is dangerous to life or property and in the event the Grantee, after notice, fails or~refuses to act, the City shall have the power to remove or abate the same at the expense of Grantee, all without compensation or liability for damages from the City to Grantee. SECTION 10: Grantee shall indemnify and save the City whole and harm- less from'm~y'an~'all claims for injury or damage to persons or property occasioned by or arising out of the construction, erection, maintenance, operation or repair' of said television signal system or by the conduct of Grantee's business in the City. The Grantee hereby agrees to indemnify and save City harmless from all claims, damages, and liability which would not have arised but for the exercise by Gran-tee of the rights and privileges herein described. Grantee likewise waives all ¢i'~, damages and liability it conld ever asse~t against City, as to ~ll~.~c~aims, dsm~ages and liability ~hi~u~du~d not have arisen but for the exercise by Grantee of the rights and privileges herein~ described. SECTION 11: The Grantee shall procure sad furnish and file with · the City"Cl~k'a policy of insurance approved by the City Attorney covering liability and property damage with the minimum amounts ofl~tabt~ity thereunder as follows: Two Hundred Thousand Dollars ($200,000.00) for any one single personal injury to any one person; Four Hundred Thousand Dollars ($400,000.00) for personal injury in any one single accident; and One Hundred Thousana Dollars ($100,000.00) property damage for any one single accident. SECTION 12: Service furnished by Grantee shall be first cl'ass servic~ and the same ~hall be furnished to every person within the City of Plainview' within reasonable reach of Grantee's facilities, and within reasonable time after demand or request for such service has been made, upon equal and exact teens with the same class of service, .and the matter of whether a ~ rea~sonable return on the cost of making extensions and providing service c can be obtained shall be left the gover~ning b~dy of the(.~Cit of Piatnview after a fair he,ring concerning such matter. SECTION 13: Grantee shall at all times make and keep full and complete plats, maps and records showing the exact location of all towers, poles, wires, cables, anchors, manholes, conduits, and other appurtenances of the television~signal system located in and used by the Grantee in the City of Plainview, Which pla~s, maps and records shall be available to the City of PPlainview for inspection at all reasonable times. The installatio~ of all facilities of Grantee shall be of a permanent nature, durable and installed in accordance with good engineering Practices and of sufficient height to comply with all existing and future Federal, State and municipal laws and regulations. The City shall have the right 'to establish rates and charges which may be made by Grantee for connections and services rendered by it to the inhabitants of the City. No rates for such purposes shall be established or Cha~ged by Grantee until the same have been approved by the governing body of the City of Plainview, and no change or rates so established by the City shall be made without the assent of Grantee, except after a fair public hearing before the governing body of the City. Written notice of any proposed changes in rates shall-be served on Grantee at least thirty (30) days pr~ior to such hearing. SECTION 14: As compensation for the rights and privileges herein confe'rred~'Gra~ee shall pay to the City each year during the life of this p~ivilege an annual payment consisting of a sum of money equal to two per cent (2%) of the'annual gross receipts received by the Grantee for the rendition of television signal service within the City of Plainview. Said payment shall be due and payable on the 1st day of February of each year for the preceding calendar year, and such payEent shall be exclusive of an~ in addition to all ad valorem taxes and special assessments for municipal improvements. Concurrent with such payment, the Grantee shall render in w~iting to the City a full, true and complete statement of its gross receipts during the calendar year involved. SECTION 15: At all times during the continuance of the rights herein grant~d, Grantee shall keep in their office in the City of Plainview, a f~l~, t~ue, ~mplete and accurate account of all monies received from its operation in the City of Plainvie~. Such books, accounts and records shall be open and available to the City of Plainview or its agents or representativesffor inspection at all reasonable times. SECTION 16: This grant or privilege shall not. be assignable without the e~ten consent of the governing body of the City of Plainview, which such consent shall be evidenced by a resolution spread upon the minutes of the City Council, or other governing body, and which said resolution shall fully recite the teens and conditions upon which consent if ~y, is given. , SECTION 17: This peenit is not exclusive and nothing herein contained shall"be cons%rued to prevent the City from granting any other like privi- lege to any other person, firm or corporation. SECTION 18: The Grantee shall, at all times during the life of this contract', be subject to all lawful exercise of the police power by the City and to such reasonable regulation a~s the City shall hereafter bv valid resolution or ordinance provide. ~ SECTION 19: The Grantee shall have the quthority to promulgate such rules~ regu~at~0ns, ter~s and conditions governing the conduct of its busi- ness as shall be reasonable necessary to enable the G~antee to exercise its rights and persorm its obligations under this contract, and to assure an uninterrupted service to each and all of its customers; provided, however, that such reles, regulations, terms and conditions shall not be in conflict with the provisions hereof or the laws of the State of Texas. SECTION 20: The Grantee shall no~, as to rates, charges, service facilities, rules, regulations or in any other resPect, make or grant any preference or advantage to any.person nor subject auy person to any pre- judice oF disadvantage, provided that nothing in this contract shall be ~emed to prohibit the e~tablishment of a graduated scale of charges and classified rate schedules to shich any customer coming within such classification would be entitled. Grantee may prescribe a residential rate during the first five years of this con~rac~ not to exceed $6.?~ per month per connection to any individual dwelling unit, and in addition thereto, Grantee may make a reasonable installation charge, or he may in lie~ thereof accept antennas. Extensions to more than one television set. in the same dwelling unit may not exceed ~0~ per month per set. tiowever, the installation~necessary for extensions to each additional set may be charged for on a tim'e material and labor basis. ~Grantee shall make no charge for programs except those charges expressly authorized herein for the services for which the above specific~ charges are provided. Grantee may provide additional a~ud other services for which it may make a reasonable charge, subject to the approval of the City Council. After the fifth contract year, all rates shall be subject to adjust- ment by the City Council so as to yield the Grantee a fair return on the fair value of its investment. SECTION 21: The Grantee shall, where necessary to supply an~ ~ person who~will cont'ract with it for its service and pay to Grantee in cash at said time three (3) months advance service charge and who may make written demand therefor, extend any of its existing cables a distance of not to exceed one hundred (100) feet per customer. SECTION 22:. The Grantee shall notsell or t~.ansfer its plant or system to snother, nor transfer any rights under this contract to another except with the written approval of the CitY Council. SECTION 23: The authority and rights herein granted shall take effect immed~'a~'elY upon execution of this contract by City and shall continue in force and effect for a. ter~ of ten (10) years after the effective date hereof. Provided, however, this contract~shall automatically terminate if Grantee has not begun installation of the system and the distribution of television signals as prescribed herein within twelve months from date hereof. The authority may likewise be. terminated by City unless diligence is exercised in expanding the s.ystera after initial commencement, or if Grantee should fail or cease to furnish the herein described services. If Grantee should fail ~o comply with any of the provisions of this contract or default in any of its obligations hereunder and shall fail within thirty (30) days after written notice from City to correct such default, noncom- pliance or breach, City may, at its option, forthwith teEninate in whole or in part, Grantee' s rights hereunder, and require Grantee to remove all of Grantee's eqUipment installed in all of the locations which this contract enumerates. If-Grantee should fail to remove any of said equipment, City '~ shall have the right to remove it at the cost and expense of Grantee. Grantee agrees that no use of any property or right by it, however extended, nor any payment made, nor s~uy other action or inaction by City or by Grantee shall create or vest in Grantee any ownership or property right in any of the properties or property rights occupied or Us'ed or upon which any expense has been undertaken by Grantee as a result of the exercise by Grantee of the rights and privileges enumerated in this contract. SECTION 2~!. Grantee shall have thirty (30) days after final passage of this ordinance in which, to file its written acceptance thereon with the governing body of the City, and upon such acceptance's being filed, this ordinance shall take effect and be in force from and after the date of its passage and shall effectuate and make binding the agreement herein contained. PASSED AND APPROVED this 16 day of ~ Sept. , A.D., 1963. ATTEST: Mayor, City of'Plainview City Cie'~k,1~ City of 'Plai~view ORDINANCE NO. 796 AN 0RDINAiICE AUTti0RIEING THE ISSUANCE OF A CITY OF PLAINVIEW, TEXAS, WARRANT IN THE AMOUNT OF $2~,000.00, PAYABLE OUT OF CURP~4~T FUNDS OF SAID CITY AND SETTING ASIDE SUCH AN AMOUNT OF T~ CURRE~NT FUNDS OF SAID CITY AS WIII DIS~ CHAR(~E THE. PRINCIPAL AND INTEREST OF THE WARRANT TO BE ISSUED. STATE OF TEXAS) COUNTY OF ~LE) CiTY. OF PLAINVIEW) On this the 16th day of September, A.D., 1963, the City Council of the City of Pl'ainview, Texas, convened in regular session at the regu~ meeting place thereof in the City Hall, there being present and in attendance the following members, to-wit: M. B. HOOD MAYOR KELTZ GARRISON C. B. CLINE, JR. MAURICFHANNA GEORGE L. TAYLOR MEDLIN CARPENTER ALDERMEN and with the following absent: none , · constituting a quorum, and among other proceedings had, w~re the Tollowing: Alderman Garrison introduced a proposed ordinance, and made a motion that a~y' ~le requiring ordinances to be read at more than one meeting be suspended. The motion was seconded bv Alderman Hanna and carried by the following vote: ~ AYES: ALDERMEN Garrison, Cline, Hanna, Taylor, Carpenter NOES: Alderman Garrison passed finally.' The motion W~S seconded by Alderman and carried by the following vote: NONE made a motion that the ordinance be Hanna AYES: ALDERMEN Garrison, Cline, Hanna, Taylor, Carpenter NOE~: NONE The mayor announced that the ordinance had been finally passed. The ~dinance is as follows: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CITY OF PLAINVIEW, TEXAS, WARRANT IN THE AMOUNT OF. $25,000.00, PAYABLE OUT OF CURET FUNDS OF SAID CITY AND SETTING ASIDE SUCH AN AMOUNT OF THE CURRR~T ?~DS OF SAID CITY AS WILL DISCHARGE T~ PRINCIPAL AND INTEREST OF T~ WARRANT TO BE ISSUED. WHEREAS.., the City of Plainv~ew, Texas, is currently in need of funds with which' to meet its current expenses, the total of which current expenses will exceed the income of the City over and above fixed charges for bonded indebtedness, ~a~ailable for the payment of such current expenses for the month of September and probably October and November, of 1963, but that said expenses will not exceed the a~ailable income defined as current funds under Section.2568a, Revised Civil Statutes of the State of Texas, for the fiscal year 1963-~964, nor for the taxable year of 1963; and WHEREAS, in order to pay said current expenses, it is feasible and advisable to issue a time warrant not to exceed ninety (90) days, payable out of the current funds of said City of Plainview, and to set aside such an amount of current funds of the City as will discharge the principal and interest of said warrant; and · WHERE&S, the City National Bank of Plainview, Texas, has offered to advance the City of Plainview the sum of $25,000.00 and to accept a City of Plainview Current Fund Warrant in said amount, payable in ninety (90) days from date of said warrant, and bearing interest at the rate of three per cent (3%) per annum; NOW, THEREFORE, BE IT 0RDAIN~ED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION l: That the proposal of the said The City National Bank of Plainvi~w, Texa~, to advance the sum of $25,000.oo to the City of Plainview and to accept a warrant of the City of Plainview as evidence of the indebtedness of the City of Plainview to said bank pursuant to said advance- ment and loan for a period of ninety (90) days from date of said warrant, at an interest rate of three per cent (5%) per annum, shall be accepted. SECTION 2: That pursuant to the aforesaid proposal and acceptance, there ~'hall be a~d is hereby ordered issued under and by virtue of the Con- stitution and laws of the State of Texas, the City of Plainview Current Fund Warrant in the principal amount of $25,000.00, to be known as the "City of Plainview, Texas, Current-~Fund ~Warrant", and. dated September-16, 1963. SECTION That said warrant shall bear interest from date until paid at the rate of three per cent (3%) per annum, and shall be payable on or before December 16, 1963, in lawful money of the United States of America, without exchange or collection charges to the owner or holder, The City National Bank of Plainview, Texas, and said warrant shall be signed by the Mayor, countersigned by the City Clerk, and registered by the City Treasurer, aud the corporate seal of the City of Plainview, Texas, shall be impressed upon s~id warrant. That the form of such warrant shall be substantially as SECTION ~_: follows: $25,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS, CURP~NT FUND WARRANT THIS IS TO CERTIFY that For Value Received, the CITY OF PLAINVIEW, a municipal corporation of the state of Texas, is justly indebted to and here- by obligates itself to pay to THE CI~?f NATIONAL BANK OF PLAINVIEW, TEXAS, on or before the 16th day of December, 1963, the principal sum of TWENTY*FIVE THOUSAED AND NO/100 DOLLARS ($25,000.00), in lawful money of the United States of America, with interest thereon from the date her~eof until p~id at~ the rate of three per cent (3%) per annum; and the Treasurer of said City is hereby authorized and directed to pay said Bank .said principal sum,. together with interest thereon, without exchange or collection charges, out of and from monies belonging to and classed as the "City of Plainview Current Fund Warrant Fund", created for that purpose; AND IT IS H~EB~ CERTIFIED, RECITED AND REPRE. SENTED that all acts, con- ditions and things required to be done precedent to and in the issuance of this warrant to render the sa~ae valid and legal, have been properly done, have happened and have been performed in the regular and due time, form and manner, as required by law, and that due and proper provisions have been ma~l~ for setting aside out of the current funds of said City a sufficient amoun~ of money to provide for the payraent of s~aid warrant and all interest there- on at maturity; and that the City has received full value and consideration- ~ for said warrant. IN TESTIMONY W~EREOF, the City of Plainview; Texas, by its City Council has caused its corporate seal to be affixed hereto and this warrant to be signed by' its Mayor, countersigned by its City Clerk and registered by its City Treasurer; the date of this warrant, in' confor~ity with an ordinance duly' passed by the City Council of the City of Plafnview, being the 16th day of September, 1963. COUNTERSIGNED: CITY CLERK REGISTERED: This the day of Mayo r A.D., 1963. SECTION ~:_ That a special fund to be designated "City of Plainview~-~ Current Fund Warrant Fund" shall be and the same is hereby provided and established, and the proceeds of all revenue from charges made for water and sewer service and garbage collection by the City of Plainview, afterthe amount to be set aside for revenue bonds has been set aside, and all revenue from parking meters, Shall be set aside monthly in sufficient amounts to pay said warrant at its maturity. One-third (1/3) of the amount of said warrant, together wt~h all accrued interest thereon, shall be set aside monthly for the next ninety (90) days, and the provision hereby made for the City' of Plainview Current Fund Warrant Fund shall be a priority on said revenues after the amount necessary to be set aside under the provisions of the City of Pla.in- view water and sewer ~evenue bonds has been set aside. SECTION 6: Upon pa~ent of said warrant at its maturity, the City Treasurer shall demand the receipt o~ said warrant, and the receipt and pos- session of said warrant by the City Treasurer, or the City Counci±, of s&id' CitK of ?iafnview shall be conclusive evidence of the pa..~ent of said warrant, and as of the date of paymen%, the obli~ati~n of the CitK of Plainview on said warrant shall cease.and the said special fund hereby created for ~ts ~a~yment shall terminate. PASSED AND APPROVED, this 16th day' of September, A.D., 1963. M. B. Hood M. B. HOOD, F~Y'0R ATTEST: ~. L. REA, CITY' CLERK' ' APPROVED: Joe Sharp 'JOE SHA'~P, CITY ATTOPa~ 0RD_.NANCE NO. 797 AN ORDINANCE DEFINING, REGULATING, AND LICENSING PEDDLERS ~h'~D PRO* VI~DING P~ALTIES FOR THE VIOLATION'THE~0F.' ~ ~ RDAI~;D BY TIIE CITY COUNCIL OF THE CITY OF PLAINVIEW: SEC.TION l: PERMIT~ AND LIC~[SE REQUIRED. It shall be unlawful for any person to engage in the business of peddler as defined in Section 2 of this ordinance within the corporate limits of the City of Plainview without first obtaining a pez~it and license therefor as provided herein. SECTION 2: D~FINITIONS. (a) The word eperson" as used herein shall~--~he~singular and the plural and shall also mean and include any person, firm, or corporation, associati6n, club, co- partnership or society, or any other organization. (b) The word "peddler" as used herein shall include any person, whether a resident of the City of Plainview or not, traveling by foot, wagon, antomotivs Vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carry- ing or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden trcuk, food of any kind, cold drinks, confection, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offertthe same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a acheme or design to evade the provisions of this ordinance shall be deemed a peddler subject to the provisions of t~is ordinance. The word "peddler" shall also include the words "hawker~, and "huckster". SECT~gN 3~ APPLICATION. Applicants for a permit and license under thi's ordinance must file with the City Clerk a swor~ application in writing (in duplicate) which shall give the following information: (a) Name and description of the applicant; (b) Add~ess (legal and local); (c) A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant; (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (e) The length of time for which the right to do business is desired. (f) If a vehicle is to be used, a description of the same, to- gether with license number or other means of identification. (g) A photograph of the apPlicant, taken within 60 days imme- di~ately ~prio~ to the date of the filing of the application, which picture shall be 2" by 2" showing the head and shoul- ders of the applicant in a clear and distinguishing manner; (h) The fingerprints of the applicant and the names of at least = two reliable property owners of the County of Hale, State · of Texas, who will certify as to the applicant's good charac- ter and business responsibility, or, in lieu of the names of references, any other available evidence as to the good character snd business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (i) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; (j) Applicant shall file with his application a statement by a reputable physician of the City of Plainview, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of infectious, conta- . gious, or communicable disease. (k) At the time of filing the application, a f-ee of $ 10.00 shall De paid to the City' Clerk to cover the cost of inves- tigation. SECTION'~: INVESTIGATION A~D ISSUANCE'. (a) UPon receipt of such appli'cation, the original shall be referred to t~e Chief of Po- lice, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the p~otec- tion of the public good. (b) If as a result of such investigation the applic&~t~s char- acter or business resoonsmo~l~t~ is fo~d to be ~satisfactory, the Chief of Police shall endorse on such application his a~sapp.~o~! and his reasons for the same, and return the said application to the City Clerk, who shall notify the applicant that his application is disap- proved and that no permit and license will be issued. (c) If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfac- tory, the Chief of Police shall endorse on the application his appro- val, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application to the City Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the ~me~9~ad~ress and photograph of said licensee, the kind of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling. The Clerk shall keep a permanent record of all licenses issued. SECTION ~: FEES. (a) The license fee which shall be charged by the ~CitY Clerk for such licenses shall ~e: (1) $60.00 per year for each person proposing to peddle on foot; (2) $?~.00 per year for each person proposing to peddle by using hand cart or puch cart; $100o00 per year for each person proposing to peddle from a wagon, motor vehicle, railroad car, or other vehicle conveyance; ($) $~0.00 per year for each helper, or assistant to those using vehicles~which helpers must procure the permit and license as herein provided for peddlers. (~) No fee shall be required of one selling products of the far~n or orchard actually, produced by the seller. (b) BASIS OF FEES~. The a~ual fees herein provided for shall be assessed on a calendar year basis and on and after July 1st the a~mount of the fee for such annual licenses shall be one-half the amount stipulated for the remainder oftthe year. (c) None of the license fees provided for by this ordinance shall be so applied as to occasion an undue ~urden upon inter-state co~p~¢~ In any case where a license fee is believed ~y a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant, shall, by affidavit and supporting testimony, show his methodof business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor shall then con- duct au investigation, comparing applicant,s businass with other business of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this ordinance is unfair, unreasonable or discriminatory as to applicant, s business and shall fix as the license fee for the applicant, an Amount that is fair, reasonable and non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5(a) of this ordinance. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of term~ination of applicant,s business in the City of Plainview, or at the end of each three month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Section 5(a) of this ordinance. SECTION 6: LICENSE PLATES ~D BADGES. The City Clerk shall issue to each--~icensee at the time of delivery of his license, a license plate (either metal or card-board) for each vehicle to be used, plus a badge for eachindividual' licensed under this ordinance. The license plate or badge shall bear the words "Licensed Peddler", the period for which the license is issued, and the number of the license in letters and figures plainly discernable. The license plate shall be attached to the vehicle used by the licensee. The badge shall during the time such licensee is engaged in peddling, be worn by the licensee on the fron~ of his outer garment in such a way as to be conspicuous. ~CTION 7: TRANSFER. No license or badge issued under the provisions of ~is ordinance shall be used or worn at any time by auy person other than the one to whom it was issued. ~ SECTION 8: LOUD NOISES ~D SPEAKING DEV¥CES. No ~eddler or any person on ~-~s behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of said city or upon any private premises in said 8ity where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose oF attracting attention to ~uy goods, wares or merchandise which such licensee proposed to sell. ~.ECTION 9: (a) UNLA¥~UL USE OF STREETS. No peddler nor any other person or corporation or association or organization shall have or maintain in a stationary location, any truck, trailer, booth, or any other kind of structure on any public stre-et or alley in the City of Plainview for the purpose of selling, exhibiting, or soliciting orders for any goods, wares or merchandise, or cold drinks, hot drinks or food, nor for the purpose of exhibiting any kind of exhibit. (b) UNLAWFUL TO SELL ON SIDEWALKS. It shall be unlawful any person to sell or offer for sale any of the goods or articles men- tioned in Section .2(b) of this Ordinance on the sidewalks of the City of Plainview, Texas, unless such goods are offered for sale or sold by a person owning, occupying or controlling the premises adjoining or adjacent to the sidewalk, and then such goods shall be exposed and sold in the usual course of trade in accordance with all municipal laws of the City. (c) UNLAWFUL PARKING ON STREETS. It shall be unlawful for any person to stop, stand or park any motor vehicle, truck, trailer or vehicleof any kind on any public street or alley in the City of Plainview for the purpose of selling, exhibiting, or soliciting orders for any goods, wares, merchandise, cold drinks, hot drinks, or food, for a longer period than ten (10) minutes. - ........ (d) UNLA¥~UL'PARKING NEAR SCEOOLS. It shall be unlawful for any person to stand, stop or park any motor vehicle, truck, trailer or vehicle of any kind atany place on any public street or alley located within six hundred feet (600') of any public school in the City of Plainview, for ~he purpose of selling, exhibiting or soliciting orders for any goods, wares, merchandise, cold drinks, hot drinks or food. SECTION 10: EXHIBITION OF LICENSE. Peddlers are required to exhibit their licenses at the request of any citizen. SECTION ll: DUTY OF POLICE TO ~ORCE. It shall be the duty of any police 0~ficer of the City of P~ainview to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this ordinance against any person found to be violating the same. SECTION 12: RECORDS. The Chief of Police shall report to the City Clerk a~t convictions for violation of this ordinance and the City Clerk shall maintain a record for each lecense issued and record the reports of violation therein. SECTION 1~.~. REVOCATION OF LICENSE. {a) Permits and licenses issued under the prOvisions of this ordinance ~ay b~erS~6kedlbykth~aGit~aGlerk of the City of Plainview, after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation, or false statement contained in the application for license; (2) Fraud, misrepresentation or false statement made inthe course of carrying on his business as a peddler; (3) Any violation of this ordinance. (4) Conviction of any crime or misdemeanor involving moral turpitude. (5) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing. S~t:Ci~0N l~. APPEAL. Any person aggrieved bv the action of the Chief of Police' or the City Clerk in the denial of an application for permit or license as prow[deal in SectiSn 4 of this ordinance, or in the decision with reference to the revocation of a license as provided in Section 13 of this ordinance, shall have the right of appeal to the City Council of the City of Plainview. Such appeal shall be taken by filing with the City Council, within fourteen (l$) days after notice of the action complained of has been ~mailed to such person' s last k~aown address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 15 of this ordinance for the notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive. SECTION iS:, EXPIRATION OF L!C~NSE. All annual licenses issued under the provisions of this ordinance shall expire on the 31st of December' in the year when issued. SECTION 16: The provisions of this ordinance shall not 'be held to be--~~ to the following: (a) any person or persons who sell or exhibit for sale goods, wares or merchandise~ to persons engaged in the business of buying, selling or dealing in same; (b) to persons who call on persons engaged in the business of buying, selling or dealing in goods, wares or merchandise for the purpose of taking orders for future delivery of goods, wares or merchandise. SECTION 17: PENALTY. Any person violating any of the provision of this 6~dinance shall, upon conviction thereof, be punished by a fine of not less that One Dollar ($1.00) and not more than Two Hundred Dollars ($200.00), and each and every day this ordinance is violated shall constitute a ~a~arate offense. S~CTION 18: SEVERANCE CLAUSE. The provisions of this ordinance are declared to be severable and if any section, sentence, clause, or phrase of this ordinance shall for any reason be held to be invalid or unconstituttSnal, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordi- nance but they shall remain in effect, it being the legislative in- tent ~hat this ordinance shall stand notwithstanding the invalidity of any part. - SECTION 19: REPEAL Sections 7 through 13, inclusive,oof Artic~ter ll, ~f "The Code of the City of Pla!nview, Texas, 1957", are hereby repealed. All other ordinances or parts of ordi- nances inconsistent with the provisions of this ordinance are hereby repealed. .SECTION_ 20: EFFECTIVE DATE. This ordinance shall take effect from and after its passage and publication as provided by law. ADOPTED this i6thday of ~eptember , A.D., 1963 ATTEST: City of Plainview, ~Texas M. B. Hood M. B.'HOOD, MAYOR "' City of Plainview, Texas ORDINANCE NO. 798.,, AN ORDINANCE D~INiNG, REGULATING AND LICenSING SOLICITORS AND CAN* VASSERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE, CITY COUNCIL OF ~E CITY OF PLAtNV!EW, TEXAS: SECTION 1: PERMIT AND LICENSE REQUIRED. It shall be unlawful for any solicitor or canvasser as defined in Section 2 of this ordi- nance to engage in such business within the corporate limits of the City of Plainview, without first obtaining a permit and license therefor in compliance with the provisions of this ordinance. SECTION 2: D_k~FINIT!0N. A canvasser or solicitor is defined as any individual, whether resident of the City of Plainview or not, traveling by either foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods., wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or per- formed in the future, Whether or not such individual has, carried or exposes for sale a sample Of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any~building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the City £~or the sole purpose of exhibiting samples and taking orders for fubure delivery. SECTION 3: APPLICATION. Applicants for permit and license under this ordinance~must file with. the City Clerk a sworn application in writing (in duplicate) which shall give the following information: (a) Name and description of the applicant; (b) Permanent home address and full local address of the appli- cant; (c) A brief description of the nature of the business and the goods to be sold; (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (e) The length of time for which the right to do business is desired. (f) The place .where the goods or property proposed to be sold, or orders taken for the sale thereof, ~m~manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. {g) A photograph of the applicant, taken within 60 days imme- diately prior to the date of filing of the application, which picture shall be 2" 'by 2~' showing the head and shoul- ders of the applicant in a &~ear and distinguishing manner; (h) The fingerprints of the applicant and the names of at least two reliable property owners of the County of Hale, State of Texas, who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the ' ' t good character and.business responstblli'y of the applicant as will enable an investigat6r to properly evaluate such 'char- acter and business responsibility, (i) A statement as to whether or not the applicant has'been '-' convicted of any crime, misdemeanor., or violation of any municipal ordinance, the nature of the offense and the punishment or'penalty assessed therefor; and (j) A statement by a reputable physician of the City of Plainview, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of contagious, infectious, or communicable disease. At the time of filing the application, a fee of $10.00... shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein. SECTION 4.: INVESTIGATION AND ISSUANCE. (a) Upon receipt of such ~pplication, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. (b) If as a result of such investigation, the applicant's char- acter or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. ~ (c) If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permafit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application to the City Clerk, who shall, upon.payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the classification of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued. Sn~CTION 5: FEES. (a) The License fee which shall be~B'charged by C~t ''C~e'r~"mfor such license shall be $75.00 per year. the y {b) The annual fees herein provided shall be assessed on a calendar year basis and on or after July first the amount of such fee for annual license shall be one-half the amount stipulated above for the remainde~ of the year. (c) The license fee provided for by this ordinance shall not be ~ applied so as to occasion an undue burden upon inter-state commerce. In any case where a license fee is believed by a licensee or applicant for for license to place an undue burden upon such commerce, he may apply to the ~ayor for an adjustment of the fee so that it shall not be discrimin- atory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within sic months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary in order to determine the extent, if auy of such undue.burden on such commerce. The Mayor shall then conduct an investigation, comparing applicant's busi- ness withother businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this ordi~ance is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applic~ut, an amount that is fair, reasonable aRd non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so f~ixed. In fixing the fee to be charged, the MayQr shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5(a) of this ordinance. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City of Plainview, or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, ~provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Section 5(a) of this ordinance. SECTION 6: BOND. Every applicant, not a resident of the City of Pl~r who being a resident of the City of Plainview, repre- sents a firm whose principal place of business is located outside the State of Texas, shall file with the Cit? Clerk a surety bond, running ~Q~i. the City in the amount of $1,000.00, with surety acceptable to and approved bythe Mayor, conditioned that the said applicant shall comply fUlly with all the provisions of the ordinances of the City of Plainview, and the statutes of the State of Texas, regulating and concerning the business of solicitor and gnaranteeing to any citizen of the City' of Plainview, that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor and further guaranteeing to any citizen of the City of Plainview doing business with said solicitor, that the property pur- chased will be delivered according to the representations of said solicitor. Action on such bond may be brought in the name of the City to the use orbenef_t~ of the aggrieved person. S~CTION 7: BADGES. ~ae City Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor,tt the period for which the license is issued and~the number of the license, in letters and ~igures easily discernible from a distance of ten feet. Such badge shall, during the time such licensee is engaged in solicitating, be worn consvantly by the licensee on the front of his outer garment in such a way as to be conspciuous. SECTION 8: EXHIBITION OF LICENSE. Solicitors and Canvassers are required ~b-exhibit their licenses at the request of any citizen. ~ SECTION 9: DUTY OF POLICE TO ENFORCE. It shall be the duty of any polmce~ .... officer of the City of Plainview to require any person seen soliciting or canvassing, and who is now k~aown by such officer to be duly licensed, to produce his solicitor, s or canvasser, s li- cense aud to enforce the provisions of this ordinance against any person found to be violating the same. ~CTION 10: RECORDS. The Chief of Police shall report to the City Cle'rk all convicti&ns for violation of this ordinance and the Cit~ Clerk shall ma'mntazn' a record for each license issued and re- cord the reports of violation therein. -'~ SECT]:0N ll: REVOCATION OF LICENSE. (a) Permits and licenses issued under" 'th'e~ provisions of this ordinance may be revoked by the City Council of the City of Plainview, after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation, or false statement contained in the application for license; (2) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as cmn- vasser; (~) Any violation of this ordinance; (4) Conviction of any crime or misdemeanor involving moral turpitude; or (~) Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a mmnner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint, and the_ time and place of hearing. Such notice shall be mailed, post- age prepaid, to the licensee at his last kno~n address at least five (5) days prior to the date set for hearing. SECTION l~: APPEAL. Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of a permit or license as provided in Section 4 of this ordinance, or the action of the Mayor in the assessing of the fee a~aP~ovided in Section ~(c) of this ordinance shall have the right to appeal to the City Council of the City of Plainview. Such appeal shall be taken by filing with the Council, within fourteen (14)- days after, notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and plac$ for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section ll of this ordinance for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclus!ve. SECTION 13: EXPIRATION OF LICenSE. All annual licenses issued under the p'ro'visions of this ordinance shall expire on the 51st day of December in the year when issued. Other than armual licenses shall expire on the date specified in the license. SECTION 1~: The provisions of this ordinance shall not be held to be applicable to the following: (a) any person or persons who sell or exhibit for sale goods, wares or merchandise to persons engaged in the business of buying, selling or dealing in same; (b) to persons Who call on persons engaged in the business of buying, selling or dealing in goods, wares or merchandise for the purpose of taking orders for futo~e delivery of goods, wares or merchandise. SECTION l~: PENALTY. Any person violating .any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than One Dollar ($1.00) and not more than Two Hundred Dollars ($200~00), ~ud each and every day this ordinance is violated shall constitute a separate offense. SECTION 16' S~.VERENCE .CLAUSE. The provisions of this ordinance a~e declared' tO be' ~everable and if any section, sentence, clause, or phrase of this ordinance shall for any reason be held to be invalid or uncon- stitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part. SECTION 17: REPEAL OF CONFLICTING ORDINanCES. All ordinances or parts"'of ordinances inconsistent with the provisions of this orSinance, be and the same are hereby repealed. SECTION t8: EFFECTIVE DATE. This ordinance shall take effect from and after its passage and publication as provided by law. ADOPTED this 16th day of September , 19 63 . ATTEST: ~B BRYAN, Ci'tY '~ierk City of' Plainview M. B, Hood M. B. HOOD, MAYOR City of Plainview ORDINANCE NO. 799 AN ORDINANCE A2~ENDiNG SECTIONS 77, 78, ~nd 85, OF CHAPTER 2, OF ~'THE CODE OF THE CITY OF P~AINVIEW, T~EAS: 1957~; SETTING THE RATES TO BE CHA~GED FOR WATER FURNISHED BY THE CITY OF P~AINVIEW; AND REPEALING SECTION 79, OF CHAPTER 2, OF ~THE CODE OF THE CITY'OF PLAINVIEW~ TEXAS, !957w. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLA!NVIEW. SECTION 1: The City of Plainview shall charge and collect, and every consumer of water within the corporate limits shall pay: for water furnished by the City ~o the consumer, the amounts calculated by application of the rates to meter readings as provided in this ordinance. SECTION 2: Section 77 of Chaoter 2 of ~The Code of the City of Plain- view~ Texas, i957~ is hereby amended so as to hereafter read as follows: - for water furnished by the City of P!ainview for all residences[ City shall make a minimum monthly charge of $2.00 for each resi- dence using city water. For the minimum charge, the City shall furnish to the consumer 3,000 gallons of water per month. For all wa~er used by each consumer over and above 3,000 gallons per month~ and not exceeding 5~000 gallons per month, the City shall charge 35¢ pet 1~000 gallons, and for all water used over and above 5,000 gallons oer month~ yat~et~amde~nsuzner~ the City shall charge 25~ per i~000 gallons. ,~ S~C_ION 3' Section 78 of Chaoter 2 of "The Code of the City of Plainview, Texas~ 1957"~ is heresy amended so as to hereafter read as follows: The following are established as the rates to be chsrsed The " The City shall have an irrigation rate which may be acceoted and used by each consumer for water furnished by the City~ which rate shall be as follows: Each consumer electing to take out irrigation rates shall pay to the City in advance the sum of $55.00 per year. Each consumer electing to take irrigation rates and making the payment in advance, shall be allowed to useD at no extra cost to him other than the payment of the $55.00, the amount of 250,000 gallons of water oer y~ear~ .h~f the user of irrigation rates uses in excess of 250,~00 gallons of water per year, he shall pay 25¢ for each 1~000 gallons of water furnished him in excess of 250,000 gallons. The amount of water used under this rate shall be computed from the meter reading applicable to the month in which the said $55.00 is paid to the City to the meter reading applicable to the same month of the succeeding year. ,, ~EQTION 4: Section 85 of Chapter 2 of ~'The Code of the City of Plai~-~ew, Texas, 1957", is hereby amended so as to hereafter r~ad as follows: " For all water furnished business and commercial estab!ish~i ments in the City of Plainview, there shall be charged for the use of same a minimum rate of $2o00 per month for which the establish- men~ shall be furnished a maximum of 3,000 gallons of water per month. For the next 2~000 gallons of water used bM the establish- ment over and above 3~000 gallons, the City shall charge 35~ per t,000 gallon~. For all water used by each said estabiislzment over and above 5~000 gallons per month, each, and not exceeding ~ 20~000 gallons per month, the City shall charge 30¢ per 1,000 gallons, and for all water used by each said establishment over and above 20~000 gallons per month, the City shall charge 25~ oer 1,000 gallons. ~ SECTION 5: Sectimn 79 of Chapter 2 of ~'The Code of the City .of Plaints 1957~, establishing a charge for multiple dwellings is hereby repealed.~ , SECTION 6: V~ter bills shall be billed and collected monthly in advance, except as herein provided in Section 3; this biltins and rates to become~effective on October billing of accounts. ~ PASSED AND APPROVED this 20th_ day of Se_~tember A.D., 1963. M. B. Hood M. B. HOOD, MAYOR ORDINANCE NO. 800 ~N ORDINANCE SETTING THE RATES TO BE CHARGED FOR m~'~ S~ER CONNECTIONS AND FOR THE FURNISHING OF SEWER SERVICE AND SEWER DISPOSAL SERVICE IN THE CITY OF PLAINVIEW, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY 00UNCIL OF THE CITY OFo~mAINVIEW.- SECTION 1: For the furnishing of sewer service and sewer connections by th~Plainvie~ the said services shall be charged for by the said City of Plainview mn accordance with the rates hereinafter established. S_~CTION 2. For single family dwellings, the charge to be made-for such sewer service shall be ~t.25 per month. SECTION 3: For all duplexes, apartment houses and rooming houses, the rates to be charged for such service shall be as follows: For the first unit - ~1.25 ocr month; For each additional unit over and aboYe the first unit - 50¢ per month. SECTION 4: For all comm~ercial establishments, including hotels and ' ~ ~ w~%h the exception of residential motels~ and al~ other extabtmsnment~, dwel~ings~ the rates to be charged for such service shall be as follows: The rates to be charged for such sewer service for com- mercial establishmmnts shall be based upon the amount of water used oer month by said establishment. The monthly rate for each such establishment using 3,000 gallons of water or less per month shall be ~1.25 per month. An additional charge shall be mad~ for sewer service to each said establishment of 10¢ for each t~000 gallons of water used by said establishment over and above the first 3,000 gallons of water used by said establishment. The monthly charge for the use of sewer for such commer~ cial establishments shall be calculated on the basis of the water meter readings for the month for which said charge is made. ~EC_ION 5: Should there by an establishment~ business or commercial, not u~ water, or using City water only for a p~tion of its total water use~ then the sewer rate for such establishment mn excess of the minimmm rate of ~1 25 ~er month shall be based upon the estimated gallons of water used by said establishment~ the~same to be arrived at on a basis that is reasonable and fair to said business or commerical establishment and to the city. SECTION 6: These charges for the sewer services shall be made monthly and sHa~ll be a~ded to and ~laced upon the water bill for each re~idence~ apartment house and commer~iai establishment for whom there is a sewer connection with the City sewer service. The person who is responsible for the payment of the water bill shall also be responsible for the payment of the charges for sewer service. SECTION ~_L If the charges for sewer service are not pa~d within thirty days after it ~ecomes due~ then the City of Plainview shall refuse to furnish any water or sewer services to the residence, apartment house or establishment, for which residence, apartment house or establishment the said charge has been made. SECTION 8: All ordinances or ~arts of ordinances in conflict with this ordinance are ~ereby repealed. PASSED AND ADOPTED this 20th day of ~tember ~ A.D., 1963. M. L, M. B. Hood ~HOOD ~ MAYOR ORDINANCE NO; 801 AN ORDINANC~ A$iENDING SECTION 22, CHAPTER 77 OF "~HE CODE OF THE CITY OF PLAINV!EW, TEXAS, 1957'~, AS ~AENDED BY ORDINANCE NO2 732; Ax~ENDING $..~CTiON ~A~ '~ TEXAS~ !957~; SETTING ~ CITY OF P~.~NVi~ CHAPTER. 7~ OF ~THE OOD~ OF THE .v 2~3 ~ ~ N - PROVIDING THE MANNER THE R~TE~S TO BE CHARGED FOR THE COLLmCiIO OF G~BAGE~ OF COLLECTION OF THE SAID CHARGES$ CLASSIFYING ONE~F~ILY R~S!DENC_~S AND APARTMENT HOUa~sS WITH T~O OR NORE F~'~LY APAR~vIENTS; AND CLASSIFYING CO~{ERS g~TAB~Io~To - BE IT ORDAINED BY THE CITY O UNCIL OF THE CITY OF PLAiN~EK. SECTION 1: Section 22 of Chapter ? of "The Code of the City of Pialnview, Te~as~ 1957"~ as amended by Ordinance No. 732 of the City of Plainview~ is hereby amended so as to hereafter read as follows: ~!. The collection and removal of garbage and trash from houses, buildings and premises used for residential purooses shall be classified as Class 1. ~ 2. One collection shall be made each week of garbage and trash under Class 1~ provided that such collections are not prevented by weather conditions or by the conditions of alleys and streets due to rain or weather conditions: and further provided that such collection is not prevented by conditions beyond the control of the Civy Council or the Mayor of the City of Piainview. Residential houses are further hereby classified as follows: Class I-A. Class 1-B. One-family residences. Apartment houses with two or more family apartments. 4. The garbage collection provided ~or in this Section shall be made by the City of Plainview, and monVhiy charges for this resi- dential service shall be made as follows: For garbage collection for Class I-A residences there shall be made a charge of $i.00 per month. For garbage collection for Class 1-B residences there shall be made a charge of ~!.00 per month for each apartment for the first five apartments and 50 cents for each additional apartment. SECTION 2: Section 23 of Chapter ? of "The Code of the City of Plai~-~as~ !957~ is hereby amended so as to hereafter read as follows: ' '~t. The collection and removal of garbage and trash from houses, buildings~ and premises~ used for commercial and business ourooses shall be classified as Class I1. ~ ~ 2. One collection of garbage and trash shall be made each day under Class 11, except on S~ndays and the following holidays: Christmas Day, Independence Day, Memorial Day: Thanksgiving Day~ and New Years Day. 3,. Commercial and business houses are hereby further classified as follows: Class ll-A. Class i1-B. Class 11-~. Class Ii-D. Class i!-E. Class ti-F. Class ll-D. Class il-J. Class ll-I. Hotels. Restaurants and Cafes. Drug Stores~ Soda Fountains and ConfecBioneries. Grocery Stores. Furniture and Department Stores. Creameries and Dairies. Broiler Plants and Hatcheries. Poultry Houses. Ail other types of businesses having daily pick-ups. 4. h.ontnly charges for this commerdial and business service for the collection of garbage and trash~ shall be and are made as follows: Class ll-A. Class ll-B. Class Hotels. ~5.00 minimum for first 10 rooms o~s t0¢ for each additional room. Restaurants and Cafes. With seating capacity up to 10 persons -~?.50. With seating capacity up to 50 persons-~12.00. With seatinz capacity up to !00 ~persons-~!5.00. ~th seatin~ capacity up to 100 and over-~lS.O0. Drug Stores, Soda Fountains and Confectioneries. ~ere no meals are served - ~6.O0 ~ere meals are served~ the charges provided for Class ii-B, Restaurants and Cafes~ will be charged in addition to the above charge. Class ll-D. Grocery Stores. Stores of less that 2,000 sq. ft. of floor soace Stores of 2,000 sq. ft. and over, but less than 67000 sq. ft. of floor space - ~!2.50. Stores of 6,000 sq. ft. and over of floor sgace -~22.50. Class ll-E. ~rniture and Department-Stores. Stores of less than 2,000 sq. ft. of floor space -~5.00. Stores of 2~000 sq. ft. and over~ but less than 6~000 sq. ft. of floor space ~l©.gO. Stores of 6~000 sq. ft. and over of floor space ~17.50. Class II-F. Class iI-G. Class ll-H. Class !l-I. Creameries and Dairies. Broilier Plants and Hatcheries. During period of operatiSn - ~25o00o Poultry Houses Ail other commercial businesses ~5.00. SECTION ~ These charges shall be made monthly~ and the charges and fees for the collection of garbage shall be added, to and.~laced upon the ~ater bill for each residence and apartment. The person who is-responsible for the payment of the water bill shall also be responsible for the 9ayment of the garbage collection fee. SECTION ~: ~ If the garbage fee is not ~aid within thirty days after it becomes due~ then the City of Plainview shall-refuse to furnish any water to the residences or establishments for which such garbage collection fee has not' been paid. PASSED AND APPROVED this. 20th day of September . ~ A.D~ 1963. M--~-~ REA, Ci.ty ~ M. B. Hood M. B. HOOD~ Mayor ORDINANCE NO. 802 AN ORDINANCE LEVYING TA~ES FOR THE CITY OF PLAINVIEW~ TEX.AS~ FO~ THE YEAR 1963} PRESCRIBING THE RATE TO BE LEVIED ON EACH %100.00 OF THE VALUE OF ALL T~ABLE PROPERTY WITHIN THE LI~-ITS OF THE CITY OF PLAINVIE~ TO PAY THE INTEREST AND PROVIDE A SINKING FUND TO SATISFY ANY iNDEBTEDNESS HERETOFORE LEGALLY MADE B'Z THE CITY OF PLAINViEW;.AND LEVYING THE ANNUAL TAX FOR SUCH YEAR FOR THE PHRPOSE OF PAYING THE CURRENT EXPENSES OF THE MUNICIPAL GOVERN- M~q{T OF THE CiTY OF PLAINVIEW FOR THE YEAR 1963. THE STATE OF TEXAS) COUNTY OF HALE) CITY OF PLAiNViEW) On this the 7th day of October~ A.D.~ 1963~ the City Council of the City of Plainview~ Texas~ convened in regular session at the regular meetinE olace thereof in the City Hali~ there b~ing present and in attendance the ~ollowing members~ to-wit: ..... M. B. HOOD MAYOR KELTZ GA~eISON C. B. CLINE, JR. H~{~NRICE HANNA GEORGE L. TAYLOR MEDLIN CARPENTER .%LDERHEN and with the following absent:~. NONE _~ constitutiag a quorum, and among other proceedings had~ were the follbwing: Alderman George ~aylor_introduced a proposed ordinance~ and made a motion that any rule requiring ordinances to be read at more than one meeting be suspended. The motion was seconded by Alderman Keltz Garrison and carried by the following vote: AYES ALDERMEN Garrison~ Cline~ Hanna~ Taylor Carpenter NOES NONE Alderman Geor.~ Tavior made a motion that the ordinance be passed finally. T~'~ Was seconded by Alderman Keltz Garrison and carried by the following vote: AYES: ALD~R~iEM Garrison, Cline, Hanna Taylor~ Caroenter NOES: ~ NONE The mayor announced than the ordinance had been finally passed. The Ordinance is as follows: ORDINANCE NO. 802 ~AN ORDINANCE. LEVYING TAXES FOR THE CITY OF PLAINVIE~4,_ .~ ~ TEXAS, FOR THE YEAR !963~ PRESCRIBING THE R~TE TO BE LEVIED ON EACH ~!00.00 OF ~ ~ TA~ ..... ~ ~H~ VALUE OF ALL · oaa~s PROPERTY ~ITHIN ~HE LIMITS OF THE CITY OF PLArNVIE~ TO PAY THE ~.-~ AND PROVIDE A SINKING FUND TO SATISFY ANY INDEB~DN~ ~ '~ -~ . ~.~ -- '-~ ~_So HERETOFORE LsGALLY MADE BY THE CITY OF PLnINV±E~; AND LEVYING THE ANNUAl, TAI FOR SUCH YEAR FOR THE PURPOSE OF PAYING THE CURRmNT~ ~' EXPENSES OF THE ~[UNICIPAL GOYERN- MENT OF THE CITY OF PLAINViEW FOR THE YEAR 1963. ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: ~,CTION !: In accordance with the Constitution of the State of Texas~ ,the statutes provided, and the Charver of the City of P!ainview, Texas, there is hereby levied for the year 1963 a tax on all taxable property with- in the City Limits of the City of Plainview~ the tax hereby levied bein~ as follows: ~_ (a) For the General Operating Fund of the Civy of P!ainview, and for the sayment of current expenses of the ~ ' ', ~ ~ municipal government, there is hereby levied a tax of ~1.05 on each $I00.00 of the %aiue of all taxable oro~ertv within the limits of the City of Plainview. ~ ~ (b) For the Interest and Sinking Fund o.f the City of Plainview and to ~pay~ the interesv and provide a sine,nE .... _fund to satisfy the i~debtedn~ss here. ~ozore legally made and undertaken by the City of P!ainview, there is hereby ~evied a tax of 75¢ on each $100.00 of the value of all taxable property within the limits of the City of Plainview. Said taxes are hereby levied for the year 1963. SECTION 2: Said tax shall be assessed and collected in accordance with the statues of the State of Texas and the Charter of the City of Plainview~ Texas~ and all applicable statutes and laws of the State of Texas enacted for the assessment and collection of said taxes are hereby adopted. P ~ ASSsD AND APPROVED this ?th day of October, A.D.~ 1963. M. B. Ho o.~ ~. B. HOOD, ~ayor ORDINANCE NO. _8O3- gJ AN ORDINANCE CLOSING ~u~ ~.~ ALLEY~u~_~,~ NORTH .~D SOUTH THROUGH THAT P~RT OF BLOCK 50 OF ~iGHLAND ADDITION TO THE TO%¥~ OF PLAINVIE~[, HALE COUNTY~ TEXAS, NORTH OF THE~ RIGHT=0F-WAy~,~ OF F~T I,~ORTH g DENVER Ri-ILia, fAY AND CANCELLING. ~AN ~AS~ENT~,~ GRANTED _BY ~ UTH~STERN~ BELL TELEPHONE COMP~{Y TO CiTY OF PLAL~VIE~ TEXAS, DATED i~iARCH I8~ 1963~ AND CANCELLING AND I~RGING INTO ~HE~ LATTER EASE~NT- ALL RIGHTS~ PO~[ERS~ ~o~v~ LmABILITI.~S aND OBLmGA_ION~ CR~AT~ BY THE FIRST ~ ~ ~HE~=~EA~'~S~ Southwesvern Belt. Telephone Company have by petition requested the City Council to close the alley running north and south through that part of Block 50 Highland AddiVion to the Town of Plainview~ Hale County~ Texas; and I~iHEREAS, Southwestern Bell Telephone Company is the owner of all of that part. of Block 50 which joins that portion of the =l±ey~ ' ~ to be closed; and ~, ~.o after considering said petition the City Council of the City of Plainview is of the opinion that it is in the public interest to close said alley, and that the facts and circumstances stated in said petition are true and correct; NO,i, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE~ T~XAS. SECTION ONE. That the alley running north and south through that portio~O of Highland Addition to the Town of Plainview, Hale County, Texas, north of the right-of-way of Fort ~brth & Denver Railway Company be and the same is hereby closed. S~iON TWO. That the easement dated November 7, 1963 concerning sanitary sewer and water lines executed by Southwestern Bell Telephone Company in favor of City of Plainview, Texas be accepted and that all 'rights~ powers, ~rivileges, duties, liabilities and obligations created bY the ease- ment dated ~rch I~, 1963, recorded in Book ~09, page 561, Deed Records, Hale County, Texas executed by Southwestern Bell Telephone Company to City of Plainview, Texas be cancelled and merged into the easement dated November 7, 1963. no SsCTIO~ THREE. That the alley above described in Section One shall longer be used as a public thoroughfare or open alley or street and shall no longer be designated as an alley~ and the owner of the property conti- guous to said alley described in Section One of this ordinance may take possession thereof and make use of same in accordance with the laws of the State of Texas, subject to the rights, powers, privileges, duties, ~ ' i liabilities and oolzgat OhS of City of Piainview, Texas concerning sanitary sewer and water lines created by the instrument dated November 7, 1963 executed by Southwestern Bell Felephon Company. SECTION FOUR. That City of Piainview, Texas and its City Council do hereby ~-i-nd a--~d-~ermine that it is in the public interest to close the alley described in Section One,. to cancel the easement dated ~rch 1~, 1963 and to accept the easement dated November 7, 1963 referred to in Section Three and that the facts and circmmstances stated in the ~etition presented by Southwestern Bell Telephone Company requesting that this ordinance be adopted are true and correct and sufficient~ and that the public has no need and will have no need for its trash trucks to use any portion of Lot ! in said Block 50 as provided in the easement dated March i~, 1963 and that the existence of the alley and the right to use it unreasonably interferes with the right of Southwestern Bell Telephone Company to use its property~ and the adoption of this ordinance will not affect the rights of any one other thah Southwestern Bell Telephone Company. PASSED, APPROVED .~qD ADOPTED~ this the 6t~ day of January, 196~. M. B. Hood M--~ Ho~-, Mayor City of Piainview, Texas ATTEST: M. L. Rea ~~ea STATE OF TEXAS COUNTY OF HALE I, M. L. Rea, City Clerk of the City of Pla inview, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. ~03 _, adopted and enacted by the City Counci~ of the City of Ptainview, Texas, at its meeting on Jan. 6 _, 196~, by unanimous vote of all members present, .}.]£~.ve members of the City Council being present, and that said Ordinance ~record in the minutes of said City Council in Volume 1__~, page GIVEN UNDER i~ HAND AND THE SEAL OF SAID CITY, This 6 day of January, 196~. M. L. ~ea ~[2 L. Rea, City Clerk City of P!ainview, Texas STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared M. L. Rea, kno~ to me to be the oerson 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 expressed, and in the capacity therein stated. GIVEN UNDER ?:fY HAND AND SEAL OF OFFICE, this 7_ day of January, 1964. Iris Lovell Notary Public, Hale County, Texa~ ORDINANCE NO. 804 -- g ~ AN ORDINANCE PROHIBITING PARKING ON EITHER SIDE OF COLUMBIA STREET BETt~EN TENTH STREET AND TWELFTH STREET IN THE CITY OF PLAINVIEW; AND PROVIDING A PENALTY FOR THE VIOLATION OF. ~YHEREAS, congestion of traffic at the intersection of Columbia and Eleventh Street in the City of Plainview, Texas, makes it advisable tO pro- hibit the parking of motor v~hicles or vehicles of any kind on either side of Columbia Street between Tenth Street and ~elfth Street in the City of Piainview, Texas; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Parking any kind of ~otor vehicle on either side of Columbia Streetbetween Tenth and Twelfth Street is hereby prohibited. SECTION 2: No person shall park or cause to be parked a motor vehicle, automobile, truck, truck t~actor, or motor vehicle of any kind on either side of Columbia Street between Tenth Street a~nd Twelfth Street in the City of Plainview. SECTION 3: Any p~rson who shall violate or fail to'comply with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum of not less than One Dollar (~i.00)nor more than Two Hundred Dollars (~200.00). PASSED AND APPROVED this 20th~d~y of January , A.D., 1964. M. B. Hood M. B~ Hood, Mayor ATTEST: M. L. Rea M. L. Rea~ City Clerk NOTICE OF REGULAR ELECTION TO BE HELD IN AND FOR THE CITY OF PLAINVIEW FOR THE PURPOSE OF ELECTING PUBLIC OFFICERS FOR SAID CITY Notice is hereby given of an election to be held in and. for the city of Plainview on the first Tuesday in April of 1964, the same being the 7th day of April, 196&~ for the election of the officers as hereinafter named for the City of Plainview. The ordinance providing for the election and setting out the officers to be elected and other pertinent information in regard thereto is as follows: ORDINANCE NO. ,6~-805 AN ORDINANCE CALLING AND SETTING THE REGULAR ~NICIPAL ELECTION FOR THE CITY OF PLIANVi~ TO BE HELD ON-THE FIRST TUESDAY IN APRIL OF 1964, THE SAME BEING THE 7th DAY OF SAID MONTH, FOR THE ELECTION OF A MAYOR AND THREE ALDERMEN; DESIGNATING THE PLACE WHEP~E SAID ELECTION IS TO BE HELD; AND APPOINTING PRESIDING OFFICIALS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section l: In accordance with the statutes provided and the Charter of the City of Plainview, an election shall be held in and for the City of Plainview on the first Tuesday in April of 1964, the same being the 7th day of said month, for the election of the officers as hereinafter named for the City of Plainview. Section 2: Said election shall be held in the Municipal Building of the City of '?$a~nview, which is located at 710 West Fifth Street in the City of Plainview, which said building is also known as the Chamber of Commerce Building, and the entire City shall constitute one (1) election precinct. Section 3: Said election shall be conducted by the following who are hereby appointed and designated as officials of said election, to-wit: Presiding Judge Alternate Presiding Judge Clerk Clerk It is provided that the official herein designated as the Alternate Presiding Judge shall act as the presiding Judge and is hereby authorized to perform the duties of th-e presiding Judge in the event of the absence off that official hereby appointed presiding Judge for the election as herein- above designated. It is further provided that the maximum number of Clerks which may be appointed to serve in said election shall not be in excess of ten persons, and that the presiding Judge'for said ele8tion shall appoint clerks to take the place of those mbove named who may not be able to serve, and may appoint as many as eight (8) additional Clerks as may be necessary for the proper conduct of this election. Section. 4: The officers of the City of Plainview to be elected are as follows: ~may~r and three (3) Aldermen. All terms of office shall be For Mo (2) years. Sectig~ ~: Said election shall be held ~nder the provisions of the Statutes of'the State of Texas and the Charter of the City of Plainview, and all persons qualified to vote in said City under the Election Laws of the State of Texas shall be allowed to vote therein. Said election shall be held and the polls shall be opened'from 8:00 A.M. to 7:00 P.M., and all electors shall vote at the place set out. in Section 2 above. Section 6: Notice of said election shall be given by posting or publi- cati~n~$f a c'opy of this ordinance, and at the top of which shall appear the words "Notice of Regular Municipal El'ection for the purpose of electing officers of the City of Plainview~. Thirty (30) days' previous notice of said election shall be given by posting a copy of this ordinance in three (3) public plades in said City of Plainview, one of which shall be at the polling place; or by publication in some newspaper of general circulation in said City of Plainview. PASSED AND APPROVED on this the Srd A.D., 1964. day of February M. B. Hood M.'B. Hood, Mayor ATTEST: ORDINANCE NO. 6/+-806 AN ORDINANCE ORDERING AN ELECTION IN THE CITY OF PLAINVIEW, TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF PLAINVIEW, FOR ADOPTION~ OR REJECTION, PROPOSED AMEND~TS TO THE EXISTING CHARTER OF THE CITY OF PLAINVIEW; ORDERING SAID ELECTION TO BE HELD AT THE SA~H~ TIME THAT THE CITY OF PLAINVIEW HAS ITS NEXT REGULAR MUNICIPAL ~ECTION, SAID DATE · BEING THE FIRST TUESDAY IN APRIL OF 1964, SAID DATE BEING APR IL 7, 196~; PROVIDING FOR PUBLICATION OF NOTICE OF THE ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION TO BE PUBLISHED IN THE CITY OF PLAINVIEW ON THE SA~E DAY IN EACH OF TWO SUCCESSIVE WqEEKS, THE DATE OF THE FIRST PUBLICATION TO BE NOT LESS THAN THIRTY DAYS PRIOR TO THE DATE SET FOR SAID ELECTION; PRO- ~-~ VIDING THE FORM OF SUCH NOTICE; PROVIDING FOR BALLOTS; DESIGNATING THE PLACE AT ~]~ICH SAID ELECTION WILL BE HELD; AND APPOINTING PRESIDING OFFI- CIALS THEREOF. W~EREA$, the City Council of the City of Plainview, Texas, deems it proper to submit to the qualified voters of said City proposed amendments to the present existing Charter of the City of Plainview, as hereafter provided, at the next regular municipal election for the City of Plainvlew, to be held on the 7th day of ~oril, 1964, at the place hereafter designated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That at the next regular municipal election to be held for the City 'of Pla~nview, which said election will be held on the 7th day of April, 1964, there shall be submitted to the qualified voters of the City of Plainview, for adoption or rejection, the following proPOsed amendments to the existing Charter of the City of Plainview: AMENDMENT NO. 1 That the Charter of the City of Plainview be amended by an addition thereto of a new and additional section, to be designated as Section 200, ~which said s~ctitn.~shall provide and be as follows, to-wit: " $ection 200: (1) The Council shall have the power to fix, by ordinance, the boundary limits of the City and to provide, by ordinance, the annexation of additional territory lying adjacent to the City, I%rith or without the consent of the inhabitants of the temritory to~be~ahnexed. The Council shall have the power to detach, by ordinance, any territory, with or without the consent of the in- habitants of such area to be detached. Upon introduction of such annexation or detachment ordinance to the Council, it shall there- after be published one time in a newspaper of general circulation in the City of Plainview in the form in which it may be finally passed, and said ordinance shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after the first publication thereof, and a public hearing held thereon. Provided, however, that whenever the statutes and laws of the State of Texas provide that a public hearing shall beL~held pertaining to annexation proceedings by cities, which said statute or law is applicable to the City of Plainview, then in such event a public hearing held as provided by said statute or laws of the State of Texas shall be sufficient and no further public hearing shall be ne c e ssary. (2)' ~hen any territory shall be so.nnexed,--.- ..t~e same. ~hal~,.~, .~ be a part of the City and the property smtuated therexn shall bear its prorata part of the taxes levied by the City, and the inhabitants thereof shall be entitled to all the rights and privi- leges of all the citizens, including the right to vote in munici- pal elections', and shall be bound by the acts, ordinances, resolu- tions and regulations of the City. 'When territory has been so detached, the same shall no longer be a part of the City. (3) However, it is specifically provided that the Council shall have the aUthority to annex territory to t~he City by ordinance passed under emergency powers and without giving notice thereof when a petition is duly presented bearing the signatures of all the owners of the territony sought to be annexed. Provided, how- ever that the Acts of the Legislature of the State of Texas which apply to the City of Plainview pertaining to giving of public notice and the holding of public hearings in regard to the annexation of territory, shall be complied with. (4) The methods of annexation herein provided for, and the powers of the City Council herein provided for, shall be in addi~~ tion to the methods of annexation and the powers of the City Council provided for in Section 4 of the Charter of the City of Ptainview adopted April 6, 1920. AMENDMENT NO. 2 That the Charter of the City of Plainview be amended by an addition thereto of a new and additional section, to be designated as Section 201, which said section shall provide and~be as follows, to-wit: Section 201: (1) City ~nager. The City Manager shall be the chief administrative officer of the City. (2) Appointment. The City Manager shall be appointed by the Mayor with the approval of the Council for an indefinite term, and may be removed by the Council by a vote of at least four of the Council members. The action of the Council in remuving the City Manager shall ~be final, it being the intention of the Charter to vest all authority and fix all responsibility for such removal in the Council. (}} Qualifications. The City Manager shall be chosen by the Council solely on the basis of his executive and administra- tive training, experience and ability. The City Manager need not, when appointed, be a resident of the City; however, during his tenure of office he shall r~side within the City. (&) Compensation. The City Manager shall receive such compensation as may be fixed by the COuncil. (5) Bowers and Duties. The City Manager shall be responsible to the Council for the proper administration of all City affairs placed in his charge by or under the Charter. The herein confer- red powers upon the City Manager shall include, but not be limited to, the powers set forth in Paragraph (6) through Paragraph (12) of this Section (Section 201), inclusive. (6) The City Manager shall appoint all appointive officers and employees of the City, except the City Secretary, City Clerk, City Treasurer, City Marshall, C~ief of Police, City Tax Assessor and Collector, the Judge of the Corporation Court, and the City Attorney, with the advice and consent of the City Council (such appointments to be made upon merit and fitness al~ne)1 and may at will remove any and all officers or employees appointed by him. The City Manager may authorize any such administrative officer whom he has appointed to exercise the powers herein granted with respect to subordinants in that officer's department, office or agency. (7) No person related within the second degree of affinity or within the third degree oSnsanguinity, to the City Manager, shall be appointed to any official position, clerkship or service of the Gity. (8) The City Manager shall direct and supervise the admini- stration of all func~i6ns of the City and of its deoartments, offices and agencies, except for the functions specifically assigned to any such department, office or agency by the Charter. (9) The City Manager shall see that all laws, provisions of the Charter, and ordinances passed by the City Council, subject to enforcement by him or by officers subject to his direction and supervision under the Charter, are faithfully executed, and that all contracts, permits, privileges and franchises to which the City is a party are properly performed. (lC) The City Manager shall prepare and submit the annual budget and capital program to the Council. (ll} The City Manager shall make regular monthly reports to the Council on. the operations of the City departments uHder his direction and supervision, and upon direction of the Council, require monthly reports from any other C~ty department, office or agency. He shall keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City as he deems desirable. (12) The City l~anager shall perform such other duties as may be prescribed or required of him by the Council not inconsistent with the provisions of the Charter. " Section 2: (1) Said election to be held on the amendments shall be held atthe s'Am% time that the City has its next regular municipal election, which is the first Tuesday in April, the same being the 7th day of Aoril, 1964, and shall be held at the same voting place and shall be conducted by the same .judges and at the same time, except that the said judges shall arrange for the voting on the amendments to be conducted separately from the regular election procedure for the election of the City's municipal officers which are to be elected at that time. (2) Said election shall be held in the Municipal Building of the City of Plainview, which is located at 710 West Fifth Street in the City of Plainview, which said building is also known as the Chamber of Comm~erce Build~mg, and the entire City shall constitute one (1) election precinct. Section 3:. (1) Said election shall be conducted by the following who are hereby appointed and designated as officials of said election, to-wit: Presiding Judge P. E. Shirk Alternate Presiding Judge Clerk H. A. Ragland Mrs. GraftonMcInnish Clerk ~4rs. L. D. Brown {2) It is provided that the official herein designated~as the Alternate Presiding Judge shall act as the Presiding Judge and is here- by authorized to perform the duties of the Presiding Judge in the event of absence of that official hereby appointed Presiding Judge for the election as hereinabove designated. (3) It is further provided that the maximum number of Clerks which may be appointed to serve ink,aid electiOn shall not be in excess of ten (lC) persons, and that the Pre~i~ing Judge for said election shall appoint Clerks to take the place of those above named who may not be able to serve, and may appoint as many as eight {8) additional Clerks as may be necessary for the proper conduct of this election. ~ SECTION 4~ That said election shall be held under the provisions of the Statutes of the 8tate of Texas and the Charter of the City of Plainview, and all persons qualified to vote in said City ~nder the Election Laws of the State of Texas shall be allowed to vote ~he~ein. Said election shall be held and the polls shall be opened from 8.0G~.M. to 7:00 P.M., and all electors shall vote at. the place set out in Section 2 above. SECT~: That said Amendment No. 1 and Amendment No. 2 shall be on one (1U-~l~Vthe form of which shall be subsbantially as follows: NO'. Official Ballot Charter Amendment Election City of P~.aTnview~ Texas April 7, 1964 NO. ChaSte April Note: be aff Instructions to Voter: To indicate your d adoption of a proposed amendment allow the on the ballot by marking over the word "NO proposed amendment which you desire to be your desire to vote against the adoption o allow the word "NO" to remain d~ the ballo word ~YES~ with respect to each proposed a desire to be rejeCted. Your vote on each be so indicated in this matter. ~' ~mendm~nb Election ?, 196~ Voter's signature to ixed on reverse side. esire to vote for the word "YES" to remain "with respect to each adopt-ed'. To indicate f a proposed amendment t by marking over the mendment which you proposed amendment n~'st AMENDMENT NO. 1 Do you vote to amend the present City Charter of the City of Plainview, Texas, by amending and changing said Charter so as to add another section, which will b~ Ssction 200, to provide that the City Council of the City of Plainview shall have the power to fix by ordinance the boundary limits of the City and to provide by ordinance the annexation of additional territory lying adjacent to the City, with or without the consent of the inhabitants of the territory to be annexed; and said amendment further providing that the Council shall have the power to detach by ordinance any territory, with or without the consent of the inhabitants of the territory to be detached; providing annexation procedure pertaining to the passage of said annexation or detachment ordinance; providing that the said territory so annexed shall become a part of the City and that the property situated therein shall bear its prorata part of the taxes levied by the City and the inhabitants thereof s~all be entitled to the rights and privileges of all the citizens, including the right to vote in municipal elections and shall be bound by the acts, ordinances, resolutions and regulations of the City; providing that the territory so detached shall no longer be a part of the City; providing that the City may annex territory by ordinance under emergency. powers without giving notice thereof upon a petition duly presented'bearing the signature of all the owners of the terriDory sought to be annexed; providing that the Acts of the Legislature pertaining to annexation that apply to the City of Plainview in regard to giving public notice when required and pertaining to the holding of public hearings in regard to annexation of territory shall be complied with; and providing that the powers herein granted shall be in addit&on to the power.s granted the mOiSy Council under Section 4 of the Charter of the City of Plainview and that the methods herein provided for annsxation shall be in addition .to the methods of annexation provided by said Section &. YES: (For the annexation amendment) NOr: (Against the annexation amendment) A~IEND~iENT NO. 2 Do you vote to amend the present City Charter of the' City of Plainview, Texas, by amending and changing said Charter so as to add another section, which will be Section 201, to provide for a City Manager for the City of Plainview, said amendment to the Charter to be as follows: · " Section 201: (1) City Manager. The City Manager shall be the chief adminis- trative officer of the City. (2) Appointment. The City Manager shall bee appointed by the Mayor with the approval of the Council for an indefinite term, and may be r~emoved by the Council by a vote of at least four of the Council members. The action of the Council in removing the City Manager shall be final, it 5eing the intention of the Charter to vest all authority and fix all responsibility for such remov~t in the Council. (3') Qualifications. The City Manager shall be chosen by the Council solely on the basis of his executive and administrative training, experience and ability. The City Manager need not, when appointed, be a resident of the City; however, during his tenure of office he shall reside within the City. (4) Compensation. The City Manager shall receive such compensa- tion as may be fixed by the Council. (5) Powers and Duties. The City ~Eanager shall be responsible to the Council for the proper administration of all City affairs placed in his charge by or under the Charter. The herein conferred powers upon the City Manager shall include, but not be limited to, the powers set forth in Paragraph (6) through Paragraph (12) of this Section (Section 201), inclusive. (6) The City Manager shall appoint all appointive officers and employees of the City, except the City Secretary, City Clerk, City Treasurer, City Marshall, Chief of Police, City Tax Assessor and Collector, the Judge of the Corporation-Court, and the City Attorney, with the advice and consent of the City Council (such appointments to be made upon merit and fitness alone) and may at will remove any and all officers or employees appointed by him. The City Manager may authorize any such administrativeofficer whom he has appointed to exercise the powers herein granted with respect to subordinants in that officer's department, office or agency. (7) No person related within the second degree by affinty or within the third degree by ~consanguinity, to the City Manager, shall be appointed to any official position, clerkship or service Of the City. (8) The City Manager shall direct and snpervise the admini- stration of all functions of the City and of its departments, offices and agencies, except for the functions specifically assigned to any such department, office or agency by the Charter. (9) The City Manager shall see that all laws, provisions of the Charter, and ordinances passed.by the City Council, subject to enforcement by him or by officers subject to his direction and super- vision under the Charter, are faithfully executed, and that all contracts, permits, privileges and franchises to which the City is a party are properly performed. (10) The City Manager shall, prepare and submit the annual budget and capital program to the 6ouncil. (ll) The City Manager shall make regular monthly reports to the Council on the operations of the City departments under his direction and supervision, and upon-direction of the Council, require monthly reports from any other City department, office or agency. He shall keep the Council fully advised as to the financial condition and future needs of the City and make such ~recommendations to the Council concerning the affairs of the City as he deems desirable. (!2)~ The City Manager shall perform such other duties as may be prescribed or required of him by the Council not inconsistent with the provisions of the Charter. ~ YES: (For the City Manager Amendment) NO: (Against ~he City Manager Amendment) SECTION 6: That pursuant to Article ll70, Revised Civil Statutes of the State of"'Texas, 1925, as amended, Acts of 1961, 57th Legislature, Pagell08, Chapter 500, Section l, and as directed therein, notice of the election herein ordered shall be given by publication of this ordinance in some newspaper of general circulaDion published in. the City of Plainview, and the City Clerk is hereby directed and authorized to cause to be published in such newspaper this ordinance on the same day in each of two successive weeks, the date of the first publication to be not less than thirty (30) days prior to Aoril 7, 196~, which is the date of the next regular municipal election for the City of Plainview, and at which election it is herein provided that there shall be an election upon the amendments to the Charter of the City of Plainview as provided in this ordinance. Preceding the ordinance which shall be published as herein provided, there shall be the following: NOTICE OF ELECTION TO BE HELD ON A~NDMENTS TO THE CHARTk~{ OF THE CITY OF PLAINVIEW Notice is hereby given of an election to be held to determine whebher or not the Charter of the City of Plainview shall be amended, whi~h said election will be held at the next regular'municipal election for the City of Plainview, same being April 7, 196&, The ordinance providing for the election and setting out the amendments to be voted upon and other pertinent information in regard thereto is as follows: " SECTION 7: The City Clerk is~hereuYdirected tO post the notice as hereinabove provided for in Section 6, at three (3)~ public places in the City of Plainview, one of which shall be at the polling place as provided for in Section 2 hereof. Said notice shall be posted at least thirty (30) days prior to the date of'said eleSt~on. SECTION 8: The City Clerk shall serve a duly certified copy of this ordinance ordering the election as herein provided for upon the election Judge herein named and the alte~at~ presiding Judge herein named. Such service shall be made by registered mail addressed to each official within twenty {20) days from the passage of this ordinance. PASSED AND APPROVED on this the __Lday of Febr~r~ __, A.D., 196~. ATTEST: M. L~ Rea ~. L. REA,""City Clerk M. B. Hood M~.-B. HOOD, Mayor ORDINANCE NO. 64-807 AN ORDINANCE PROVIDING FOR A REFERENDUM TO BE HELD IN ~THE CITY OF PLAINV1EW TO DETERMINE BY VOTE OF THE QUALIFIED VOTERS OF THE CITY OF PLAINVIEW, WHETHER OR NOT A MAJORITY OF THE QUALIFIED VOTERS OF THE CITY OF PLAINVIEW DESIRE ENACTMENT OF AN ORDINANCE PROHIBITING DOGS RUNNING AT LARGE WITHIN SAID CITY; PROVIDING AN~ SETTING OUT SUBSTANTIALLY THE TE~4S AND PROVISIONS OF SAID ORDINANCE, THE MANNER OF ITS ENFORCE~IENT, AND THE PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: At the next regular election of the City of Plainview, Texas, there shall b$-held a referend~mm, to determine by vote of the qualified voters of the City of Plainview, whether or not a majority of said voters desire that an ordinance by passed prohibiting dogs from running at large in the City of Plainview. 2: The said proposed ordinance prohibiting dogs from running at large in City of Plainview tG be voted upon at said referehdum elec- tion shall be substantially as follows: ORDINANCE NO. AN ORDINANCE MAKING IT UNLAWFUL FOR THE OWNER OF ANY DOG TO PERMIT OR ALLOW SUCH DOG TO RUN AT LARGE UPON ANY PUBLIC HIGHWAY, STREET, ALLEY, COURT, SQUARE, PARK, SIDEWALK, OR OTHER PUBLIC GROUND OR PUBLIC PROPERTY WITHIN THE CORPORATE LD~ITS OF THE CITY OF PLAINVIEW, AND FURTHER ~KING IT UNLAW FUL FOR THE O%%~ER OF ANY DOG TO PERMIT OR ALLOW SUCH DOG TO RUN OR BE~T LARGE UPON ANY UNFENCED LOT, TRACT OR PARCEL OF L~ND WITHIN THE CORPORATE LIMITS OF THE GITY OF PLAINVIEW; AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: It shall be unlawful for the owner of any dog ~o permit or allow such dog to run or be at large upon any public highway, street, alley, court, square, park, sidewalk or other public ground or public property within the ~orporate limits of the City of Plainview. SECTION 2: It shall be unlawful for the owner of any dog to permit or al~W~'s~ch dog to run or be at large upon any unfenced lot, tract or parcel of land within the corporate limits of the City of Plainview. .SECTION ~: The term "at large" as used in. this ordinance, shall m~an not under the control of the owner either by leash, chain, cord or other suitable material attached to a collar or harness, and not const~a~nsd securely within an enclosure or fence. SECTION 4: It shall be the duty of the Dog Catcher of the City of Plain~i~w, or such other person as may be designated by the City Council of the City of Plainview, to pick up and emp&und all dogs running at large within the City of Plainview, and it shall further be the duty of the Dog Catcher of the City of Plainview to pick up and empound all dogs, the owners of which have or are violating the terms and provisions of Section i and Section 2 of this o~dinance. SECTION 5: All dogs picked up and empamHded in accordance with and under'he terms'and provisions of this ordinance shall be dealt with and disposed of in accordance with the terms and provisi~ns of the applicable seCtions of Article l0 of Chapter 4 of "The Code of the City of Plainview, Texas, 1957", and all provisions for empounding dogs and for the disposition of dogs not having a license, as provided for in said Article l0 of Chapter 4 of "The Code of the City of Plainview, Texas, 1957", shall apply to dogs found running at-large, as that term is defined herein, or dogs whose owners have permitted them to run at large, as that term is defined herein, in vio- lation of Section l~or Section 2 hereof. Said applicable sections of said Article l0 of Chapter 4 of "The Code of the City of Plainview, Texas, 1957", pertaining to empounding and disposition of'dogs empounded for not having a license shall also apply to dogs empounded because of the fact that they are running at large in violation of the terms and provisions of this ordinance. SECTION 6: Any person who shall violate or fail to comply with the provi~ection I or Section 2 of this ordinance shall be deemed guilty of 'a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $1.00 and not more than $100o00, and any person who shall aid, abet or assist in the violation of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor~ and upon conviction thereof shall be punished by a fine of not les~ that $1.00 and not more than $100.00. PASSED AND APPROVED this the ~_~~ay of February ., A.D., 1964. M. B. Hood M. B.' HOOD, Mayor ATTEST: L. Rea REA, Ci~~ Clerk SECTION3_~: The ballot to be voted upon shall be as follows: REFERENDUM BALLOT Are you in favor of enactment of an ordinance for the City of Plainview making it unlawful for the owner of any dog to permit or allow such dog to run at large upon any public highway, street, alley, court, square, park, sidewalk, or any otherpublic ground or public property within the corporate limits of the City of Plainview, and making it unlawful for the owner of any dog to permit or allow such dog to run or ~e at large upon unfenced lot, tract or parcel of land within the corporate limits of the City of Plainview,. and defining the term "at large" to mean "not under the control of the owner either by leash, chain, cord or other suitable material attached to a collar or harness, or not constrained securely within an enclosure or fence", and providing for a penalty for the violation of said ordinance and for the empounding of dogs found running at large within the City of Plainview, as that term "running at large" is defined in said ordinance. YES: (In favor of the enactment of said ordinance) NO: (Against the enactment of said ordinance) IN-ST~RUCTIONS: If you are in favor of the enactment of this ordinance, you will so signify by scratching out or scratching through or marking through the 'MtO (Against the enactment of said ordinance)". If you are against the enactment of this ordinance, you will so signify by scratching out or scratching th~ ugh or marking through the "YES (In favor of the enactment of said ordinance)". SECTION ~: The said referendum election pertaining to the said ~ ordin~reinabove provided in Section l, 2, and 3 of this ordinance shall be held at the next regular municipal election for the election of ~1 ~ officers for the City of Plainview, which will be April 7, 196~. The said referendum election pertaining to this 6rdinance shall be conducted by the same officers and clerks as designated by Ordinance No. 64-~05 calling for the regular municipal election for the election of officers for the City of Plainview, and will be conducted at the same polling place and at the same time, but~ said election officials will provide a separate ballot box within which to place the ballots pertaining to the referendum election in regard to the said ordinance as hereinabove provided. ,SECTI$N %.: The Clerk of the City of Plainview shall give notice of this election by causing a copy of this ordinance to be published in a newspaper of general circulation in the City of Plainview one time at least thirty days prior to the date of the election as provided for herein. The Clerk of the City of Plainview shall also furnish a copy of this notice to the election judge appointed for said regular municiPal election andthe alternate election judge for said elec~tion, by mailing a copy of this ordinance to each of said judges by certified mail at least twenty days prior to the date of said election. SECTION 6: Only bhose persons who are qualified to vote in the regular munic~ion of public officers for the City of Plainview shall be qualified to vote in this referendum election. PASSED AND APPROVED this the 17th day of February, A.D., 1964. ATTEST: M. B. Hood M--~B. HOOD, Mayor M. L. Rea M. LJ REA, City Clerk OP~INANCE NO. , 64rSOTrA~ , · AN ORDINANCE ANNEXING AND INCORPORATING INTO THE OITY LIMiTS~OF THE CITY OF PLAINVIEW, TEXAS, ~ AREA ADJACENT THERETO ~ND EIND~G ~D DETE~{INING' THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJORITY 0F~THE RESIDENT, ~UALIFIED TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED %~TH THE CITY CLERK SUCH'PETITION REQUESTING SUCH A2~NEXATION AND MAKING SAID ~EA SUBJECT TO THE JURISDICTION OF THE CITY OF PL4INVIEW, TEXAS. WHEREAS, a petition'has been signed and filed with the Qlerk of the City of Ptainview, Texas, petitioning the City Council of the City of R~ainview, Texas., to-wit: The East ~Hatf of Block No. Thirty-two (32) of~Proposed Subdivision of SW, ~ of Section No. 35, Block JK-2, Hale County, Texas,-is described as: BEGINNiNG.at steel rod set in middle of pavement, in South line of Section No. 38, Block JK-2 in.projection of center-line of M~lwaukee Street; THENCE North in projection of said MilwaUkee Street 464.64 feet to iron stake; THENCE West 211 feet to Iron stake~ THENCE South 464.64 feet to iron stake in South line of Section No. 3~ and center-line of ~ p~vement; THENCE~East 211 feet to place of beginning and containing 98,039 square feet; and %~q{EREAS, the City Council upon a consideration of said petition, has found and determined that a majority of the resident qualified taxpaying voters residing in Said area have signed said petition; and ~EREAS, the City Council finds that notice of such petition and the hearing thereon have been published in a daily news paper oublished within the boundaries of the City of Plainview, Hale County, TeXas for the~length of time and meeting the requirements of the appropriate statutes of the State of Texas; and WHF2~EAS, the City Council finds that all o~ said area~is contiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainview that Said area be annexed to the City of Plainview; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAIN~IEW, TEXAS: Section 1: It is found and determined by the City Council that the following described tract of land, to-wit: The East Half ~£ Block No. Thrity-two (32) of Proposed Subdivision of SW ½ of Section No~ 38, Block JK-2, Hale County, Texas, is described as: B~GINNiNG at steel rod set in middle of pavement, in South line of Section No. 38, Block JK-2 in projection of center-line of Milwaukee Street; THENCE North in projection of said Milwaukee Street 464.64 feet to iron stake; THENCE West 211 feet to iron stake; THENCE South 464.64 feet to iron stake in South line of Section No. 38 and cent~r- ~iine of pavement; THENCE East 211 feet to place of beginning and contain- ing 98,039 square feet, and all of which land lying and being situated in Hale County, Texas and is contiguous to the City Limits of the City of Plainview, Texas. Section 2: It is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly sighed a petition on file with the City C!erk~ petitioning the City Council to admit, incorporate and annex-the above described area into the corporate limits of the City of Plainview, Texas, and that said oetition is in all respects regular and in compliance with Section 4 of the City Charter of the City of Plainview. Section 3. It is found~ determined and ordered by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described area be and the same is in all respects incorporated into and made a part of the City L~nits of the City of P!ainview. Section 4. It is further determined and ordered by.the City Council tha the above described area from and after the effective date of the ordinance b subject to the control and jurisdiction of the City of Plainview and subject to tasex and other assessments which may be levied by law from and after the enactment of this ordinance. APPROVED AND ADOPTED, this 17th day of. Fe.~ruary , 1964. M. B~' Hood- M. ¥. HOoD~MaYor, ~City of Ptain~iew,' Texas ATTEST: L. Rea City of Plainview, Texas ORDINANCE NO. 64-BO8 AN ORDINANCE DECLARING PUBLIC NECESSITY FOR THE /3~PROV~{ENT OF CERTAIN DESIGNATED PORTIONS OF 24TH STREET IN THE CiTY OF PLAINVIEW, TEXAS, SPECIFY~G THE NATURE AND TYPE OF SUCH IMPROV~ENT, ESTAELISHING THE ~ETHOD ~OF PS!0CEDURE THEREOF, ALLOCATING DIVISION OF PAY~NT OF COST~ VIDING RULE FOR APPORTIOt~fENT OF COST, FIXING T/3~, TEP~IS AND CONDITIONS OF PAYMENT OF COST A~ND PROVIDING AND DEFINING ASSESSMENTS THEREFOR, SPECIFYING NATUR~ OF ASSESS~IENT LIENS AND PERSONAL LIABILITY, PPa~VIDING FOR ISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF ASSESS_I~iENT FOR CCSTS~ PROVIDING FOR HEARING AND NOTICE OF HEARING FOR ABUTTING PROPERTY OWNERS PRIOR TO ASSESSI~NT, PRESCRIBING THE R~OCEDURE FOR SUCH HEARING, DIRECTING CITY ENGINEER TO PREPARE EST~%TES OF COST OF I~PROVEMENT AND ~210UNrS OF ~0POSED ASSESSMENT, PROVIDING FOR PERFOP~NCE OF WORK BY CON- ~R,~ G FOR ,~A.~.~NER AND METHOD OF P~q~ENT OF CONTRACTOR, DIRECT- "ING'THE 'CITY ~CLERK TO FILE A NOTICE OF THE ENAC~.~NT OFU-THIS ORDINANCE IN THE MECHANIC'S LIEN RECORDS, DEED OF TRUST RECORDS, AND DEED RECORDS OF HALE COUNTY, TF~XAS, AND DECLARING AN ~ERGENCY. BE IT ORDA~NF~D BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: That public necessity exists and requires that the following portion of 2£th Street in the City of Plainview, Texas, should be improved, as herein provided, to-wit: 24th Street from Dimmitt Road N. W. (State Highway 194) to a ooint ten (!0) feet east of the intersection of tke east line of Wilson Street and the north line of 2kth Street, said point being 410 feet East of the centerline of'the main track of the Santa Fe R~ilway. That said portions of such designated street shall be improved by raising grading, and filling same~ and by installing concrete curbs and gutters, and, where necessary, storm sewers and drains, and by pving with the following type of material on specified foundation: The paving to be forty five feet wide, con curb and gutter with 1 ½ inches of hot mi~ asphaltic concrete surface on nine inch compacted caliche base~ That the specified improvement of the paving herein.designated shall be in accordance with.and in conformity to the pro¢~dureestabl~ished and outlined in Chapter 9, Title £8, Revised Civil StatUtes of ~exas~ 1925, the terms and provisions of which h~ve heretofore been adopted by the City of P!ainview. That allocation of payment for the specified improvement of the said 24th Street as herein designated, shall be as follow~!: 1. Railways using, occupying or c~ossing any portion of a specific unit as herein~designated to be improved~shall be assessed for and shall pay for the entire cost of such improvements in the area between their rails and tracks, double tracks, turnouts and switches, and twaddle.et on each side thereof. ~ 2. The abutting property and th~ owners of the property abutting the specified portion of the street as herein designated to be improved, ~after deduction of the sum to be paid by Railways under Sub-paragraph I above, shall be assessed for and shall pay for the cost of the curb and gutter, but in any event not to exCeed 25% of the totaI cost of usch improvement. a. In connection with the above assessment, should it appear at the hearing to be held 'before the final assessment is made, that the special benefits to such property, by way of enhhncement of value thereof by virtue of such improvement, will not aggregate such of the cost specified above, then there shall be assessed~agai~st the abutting property and shall be paid by such abutting property owner a lesser amount, not to exceed the benefi~s of the said improvement. 3. The City of Plainview, after deduction of the sum assessed against Railways, under Sub-paragraph l, and after deduction of the sum assessed aga~nst~he abutting proper~y and the °~ners thereof, under Sub-paragraph 2 above, shall pay the remaining cos~ of the said improvements. That the part of the cost of the specified improvements as herein designated, which may be assessed against abutting p~operty and owners thereof, shall be apportioned among the parcels of abuttin~ p~operty and owners thereof in accordance with the Front Foot Plan or Rule. 1. In connection with the above apportionment, should it appear that the application of the above plan or rule would, in the opinion of the City Council of Plainview, in particular cases result in injustice or in- equality, the said Council shall apportion and assess the said costs in such proportion as it may deem just and equitable, having in view the special benefits and enhanced value to be reCeived by such parcels of property and owners thereof, the equities of such owners and the adjustment of such apportionment, so as to produce a substantial equality of benefits received and burdens imposed. That the time, terms and conditions of payment of the amounts to be assessed and to be paid for the specified improvement as herein designated, shall be as follows: 1. The amounts assessed against and to be paid by R~itways for such improv~nt.'in the'area between their rails and tracks, double tracks,~ turn- outs and switches, and two feet on each &ide thereof, shall be paid on estimates or statements, on or Before ten days, after completion of the specified improvement as herein designated, and the acceptance of same as satisfactory by the City of Plainview, and such amounts so assessed shall bear interest from that date until paid at the rate of 6% per annum. 2~ The amounts assessed against and to he p$id by the abutting prop- erty and the o~ners thereof for Such improvement ~ha!t be Paid in three (3) equal pa~nents, the first payable within ten (10) days after completion of the work and its acceptance by the City, and the remaining two (2) payments being payable inone and two years after said date of acceptance of the same as satisfactory by the City of Plainview, and such amounts so assessed shall bear interest payable annually from that date until paid at the rate of 6% per annum. a~ In cOnnection with the installment payment of the above assessment, it shall, in addition, be prOvided that default in payment of any installment or interest when~due, shall, at the option of the holder of S~ch ObligatiOn, mature and render due and payable the entire unpaid balance of such obligation. e That the amounts ~Q be assessed and to be paid for the specified improve- ment as herein designated, shall be a first and prior lien against abutting property therein from the date .such improvement is ordered by Ordinance as hereinbefore provided, and shall be a personal liability and charge against the true owners of such property at said date, whether named or not. 1. The City Council of Plainview, Texas, shall cause to be issued, in the name of the City, assignable certificates in evidence of assessments levied, declaring the lien upon the property and the liability of the true o~ner or owners thereof, whether correctly named or not, and shall fix therein the terms and c~nditions of such certificates. a. The above certificates shall recite substantially that the proceedings with reference ~o making the improvement therein referred to, have been regu$~!y had in compliance with the law, and that all prerequi- sites to the fi~ing Of the assessment lien against the property described ~'~ in the said certificate and the personal liability of the owner or owners thereof have been performed. b. The above certificates shall be prima facie evidence of ail the matters reclined in said certificates, and nO further Proof thereOf Shall br reqUired, and in any suit upon any assessment or re-assessment, in evi- dence of which a certificate shall have been issued hereunder, it shall be sufficient to allege the substance of the recitals in:such certificate and that such recitals are in fact true, and no further al'legation with reference to proceedings relating to such assessment or re-assessment shall be necessary 2. Such assessments shall be collectable with interest, expense of collection and reasonable attorney's fee, if incurred, and shall be a first and prior lien on the property assessed, superior to all other iiens and claims except, State, County, School District and City Ad Valorem Taxes, and shall be a personal liability and charge against said owners of the property assessed. That no assessment for the specified improvement as herein provided shall be.mRde against any Railway or its owners, nor against any abutting property or its owners, until after notice and opportunity for hearing by and before the City Council of the City of Ptainview, and no such assess- ment shall be made against any abutting property and its owners in the enhanced value thereof~by means of such improvement. 1. In connection with the above hearings, the owners of such Rail- ways or the owners of any interest therein, and the owners of such abutting property or the owners of any interest therein, shall have the right, at such hearing, to be heard on any matter which is a prerequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, and the lien and liability therefor, the special benefits to the abutting property and owners thereof, by means of the improvement for which the assessment is to be levied, and the accuracy, sufficiency, regularity, and validity of the proceedings and contract in connection with such improve- ment and proposed assessment. 2. In further connection with the above hearings, the Qity Eng$QeeF is hereby ordered and directed to prepar~ and file with the City, es~zma~es showing the cost of the specified improvement, together with the description of the abutting property, the names o£ the owners o£ such property, and the amount proposed to be assessed against each parcel o£ property, all other matters and things required by law in connection with the proposed assessment. a. It is provided, however, that any mistake in such estimate or in the amount and in the description of the property, or in the names of the owners thereof, shall in no wise affect, envalidate or imoair any assess- ment which may be levied. That the specified improvement as herein designated shall be made by Bryan & Hoffman, a partnership composed of W. E. Bryan and C. L. Hoffman, Paving Contractors, under the terms and provisions of the contract heretofore entered into by and between the City of Plainview and the said Bryan & Hoff- man, after public advertisement for sealed and competitive contrac~ bids, based upon the plans and ~pecifications for the improvement herein specified. 10. That the proportionate part of the specified improvement herein desig- nated~ which is c~argeabte to the City of Plainview as herein provided, shall be paid out of the'~funds of the City presently on hand and heretofore allo- cated for street improvement. 1. In connection with the above payment, the City of Plainview shall not in any manner be liable for the payment of any sum assessed against any property and the owners thereof for the specified improvement herein ordered, and the aforesaid Bryan~& Hoffman, Paving Contractors, shall look solely to said property and the owners thereof for payment of the sums assessed against <such respective parcels of property, but the City of Plainview shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. ll. The City Clerk is hereby directed to cause to be prepared a notice of the enactment of this ordinance and ;aid notice with the County Clerk Ha~e County, Texas, said notice to led on the Mechanic's Lien Records, Deed of Trust Records, and Deed Records of said County. 12. That the fact that the specified improvement as herein designated is in such urgent need of such improvement while the condition of the weather will permit such improvement, creates an emergency and imperative public necessity for the immediate preservation of the public peace, property, health and safety, requiring that any rules that an ordinance be read at more than one meeting of the City Council of Plainview, and all rules pro- hibiting the passage of an ordinance on the day introduced-and the taking effect of the same on the date of introduction and passage, be,. and the same are hereby dispensed with and suspended, and this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 2nd day of March 196~. , , A.D., ATTEST: ~ M. B. HpOD- M. L. REA CITY CLERK ' " AN ORDINANCE ASMERTING THE CORRECTNESS OF PREAMBLE; RATIFYING, APPROVING AND ADOPTING ESTIMATES, ROLLS AND STATEMENTS OF THE CITY ENGINEER OF THE CITY OF PLAINVIEW, TEXAS; ORDERING HEARING TO BE GIVEN TO THE OWNERS OF ABUTTING PROPERTY PRIOR TO ASSESSMENT FOR IMPROVEMENT OF SUCH ABUTTING PROPERTY; PRESCRIBING PROCEDURE FOR SUCH HEARING; NAMING DATE, TIME AND PLACE OF SUCH HEARING; ORDERING CITY CLERK TO GIVE NOTICE OF THE TIME, PLACE AND PURPOSE OF SUCH HEARING; PRESCRIBING SUBSTANCE OF FORM OF SUCH NOTICE; -AND DECLARING AN. EMERGENCY. WHEREAS, the City of Plainview, Texas, by ~rdinance No. 64-808, has heretofore determined that public necessity exists and requires that the following designated portion~of 24th Street in the City of Plainview, Texa~ should be improve~ as therein provided, to-wit: 24th Street from Dimmitt Road N. W. (State Highway 194) to a point ten (10) feet east of the intersection of the east line of Wilson Street and the north line of 24th Street, said point being 410 feet East of the centerline of the main tract of the Santa Fe Railway. and WHEREAS, the City of Plainview, Tex~s, by .Ordinance No. 64-808 has heretofore determined that said portion of said designated street shall be improved by raising, grading and filling same, and by installing concrete cu~rbs and gutters, and, where necessary, storm sewers and drains, and by pavingwith the following'type of material on specified foundation: PREFERRED: The paving to be forty five feet wide, con- sisting of curb and gutter with 1 1/2 inches of hot mix asphaltic concrete surface on nine inch compacted caliche base. and WHEREAS, the City of Plainview, Texas, by Ordinance No. 64-808 has heretofore provided that no assessment for the specified improvement of the said 24th Street as herein designated shall be made against any Railway or its owners, nor against any abutting property or its owners, until after notice and opportunity for hearing by and before the City Council of the City of Plainview, and no such assessment shall be made against any abutting property or owners thereof in excess of the special benefits of such prop- erty and its owners in the enhanced value thereof by means of such improve- ment; and WHEREAS, the City of Plainview, Texas, by Ordinance No. 64-808, has heretofore provided, in connection with the above hearings, that the owners of such~Railways or the owners of any interest therein, and the owners of such abutting property or the owners of any interest therein, shall have the right at such hearing to be heard on any matter which, is a prerequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, the lien and liability therefor, the special benefits to the abutting property and owners thereof by means &f the improvement for which the~assessment is to be l&vied, and the accuracy, sufficiency, regu- larity and validity of the proceedings and contract in connection with such improvement and proposed assessment; and WHEREAS, the City of Plainview, Texas, byOrdinance No. 64-808, has heretofore, in further connection with the above hearings, ordered and directed that the Gity~Engineer prepare and file with the City, estimates showing the cost of ~he specified improvement of the said 24th Street as herein designated, together with the description of the abutting property, the names of the owners of the property abutting that portion of said 24th Street to be improved, and the amount proposed to be assessed against each parcel of property abutting said specified portion of 24th Street to be improved, and all other matters and things required by law in connection with the proposed assessment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: That all matters asserted in the preamble to this Ordinance are hereby declared to be true and correct. That the following .estimates, rolls and statements of the City E~gineer of the City of Plainview, Texas, filed in obedience to the directive re- stated in the preamble herein be, and the same are hereby, in respect to the matters and things therein contained, in entirety, ratified, approved and adopted, to-wit: 5. CoNc~ Cu~ ~0 L.F, ~ 1.0O= ZO.OO iO. Co~c~.~ O~A~ ~BO ~.~. ~ ~.00 = 780.00 TO'1[AL E%'T~k~IA'Tf-.b PRO,J.~CT COST F--..STtMA'TED COST "TO F~A~Lv,,,A'f'$ ~. ,:54--. ,37.4., O5 '~ 94~274.03 ¢-o,44 ?o 0 ~ 0 O: o o ~ C~ ~q 0 O0 0 'CD 0 oc~o~ O~ 0~-~ 0 L~ 0 0 ~ o 0 ~0 0 ~ 0 0 c~ 0 ;o 0 ~m~-~ 0 OH ~o~ ~d 0 ~B OH o 0~' 0 OD] DO C~ DO Oh £o © ©i O- 0 OD9 N c~ ~ c'r f~ -,a ¢ o oooq ~0~ 0 0 © o o o 0 0 C l 0~' P 0 O* 0 0 0 0 © ~d © © c¢ © © 0 PON) C') il lJ That a hearing shall be given and held by and before the City Council of the City of Plainview, Texas, to the owners of any Railways or the owners of any interest therein, and tO the owners of property abutting that portion of 24th Street to be improved as specified, or to the owners of any interest therein, at which they shall have the right to be heard on any matter which is a prerequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, the lien and the liability therefor, the special benefits to the abutting property 'and the owners thereof by means of the improvement for which the assessment is to be levied, and the accuracy, sufficiency, regularity and validity of the proceedings and contract in connection with such improvement and proposed assessment. That thehearing herein provided shall be held in the Council meeting room of the City Council of the City of P~inview, at the City Hall in the City of Plainview, Texas, on the 6th day of April, A.D., 1964, at 7:30 P.M., and may'be continued from time to time until the purposes thereof are, in the opinion of the Council, fully accomplished, and such hearing is in all respects to be conducted in accordance'with the law. That the City Clerk is h~reby directed to give notice of the time, place and purpose of such hearing by causing notice in substantially the form here- inbelow prescribed to be published at least three times prior to the date of said hearing, in the Plainview Daily Herald, a newspaper of general and daily circulation, published in the City of Plainview, Texas, and the first of which publications shall be at least ten days prior to the date set here- in for the said hearing, and the form of which notice shall be substantially as followS: NOTICE: TO THE OWNERS OF PROPERTY 'ABUTTING UPON THE HEREINBELOW PORTION OF 24TH STREET IN THE CITY OF PLAINVIEW, TEXAS, AND TO ALL OTHERS HAVING ANY . INTEREST AFFECTED THEREIN: The governing body of the City of Plainview has heretofore ordered that the following portion of 24th Street in the City of Plainview, Texas, shall be improved by raising, grading and filling same, and by installing concrete curbs and gutters, and, where necessary, storm sewers and drains, and by paving the same with pavement to be forty five feet wide, consisting of curb and gutter with 1 1/2 inches of hot mix asphaltic concrete surface on nine inch compacted caliche base. That portion of 24th Street in the City of plainview which shall be so improved shall be from Dimmitt Road N. W. (State Highway 194) to a point ten (10) feet east of the intersection of the east line of Wilson Street and the North line of 24th Street, said point being 410 feet East of the centerline of the main track of the Santa Fe Railway. Contract for the making and construction of each such improvement having heretofore been made by the City of Plainview, Texas, and in connec- tion therewith, the following assessments are proposed to be made, to-wit: 0 0 0 0 0 0 0 'o~ 0 O0 0 ' 0 0 C~ ~J 0 o ~ o ~ 0 0 0 0 0 © ~0 O~ °I o o o FO 3 C} o ~3 ~3 k~ 0 P 0 0 © Fo 0 0 0 0 0 0 0 0 H 0 0 o o8 e e 0 C tl tl I! It FO ~'0 0 0 D 0 0 t -~ kC 0 ~ 0 0 A hearing will be given and held by and before the City Council of the City of Plainview, Texas, to the owners of any Railways or the owners of any interest therein, and to the owners of property abutting that portion of 24th Street to be improved as specified or to the owners of any interest therein, at which they shall have the right to be heard on any matter which is a prerequisite to the validity of the proposed assessment, and to contest the amount of the proposed assessment, the lien and the liability therefor, the special benefits to the abutting property and the owners thereof by means of the improvement for which the assessment is to be levied, and the accuracy, sufficiency, regularity and validityof the proceedings and con- tract in connection with such improvement and pmoposed assessment. The'hearing herein provided will be held in the Council meeting room of the City Council of the City of Plainview, at the City Hall in the City of Plainview, Texas, on the 6th day of April, 1964, at 7:30 PoM., and will be contimued from time to time until the purposes thereof are, in the opinion of the Council, fully accomplished, and such hearing is in all respects to be conducted in accordance with the law. By Order of the City Council of the City of Plainview, Texas, under date of March 16, AoD., 1964. ORDINANCE NO 64-810 PETITION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAiNVIEW, TEXAS: The undersigned, hereinafter referred to as Petitioner, will show to the Honorable City Council of the City of Plainview, Texas, as follows: Your petitioner whose signature is affixed hereto respectfully petitions the Honorable City Council of the City of Plainview, Texas, to annex, admit and take into the corporate limits of the City of Plainview, the following tract of lands to-wit: Part of the Southeast Quarter of the 3outhwest Quarter of Section 35, GC & SF, Block JK-2, Hale County, Texas: BEGINNING at a 5/8 inch steel rod in the South line of Section 35, and the Southeast corner of the Southwest Quarter of Section 35, al~o the Southeast cgrner of the tract; o "~ 398.8 feet along the South line of Section 35 THENCE, M.89 59 50 and the center line of 2~th Street, to a point, the West property line of Yonkers ex~en~ed; THENCE, N.O°2'~iO"W., 370.15 feet along the We~t property line of Yonkers to a point, the beginning of a 23° 02' curve to the left; THENCE, a!.ong,the 23° 02' curve 177.50 feet to a point, ,the beginning of a 17°~0'32 curve to.th.q right; . THENCE, along ~he .~2 40 32 curve 230.66 feet. to a point; THENCE, N. 0°2 10"W, 75 feet to a point in the North property line of proposed 26th~St{eet; THENCE, S. 89°59 50: E., 500.0 feet to a point in the East line of the Southwest Quarter of Section 35, the Northeast corner of this tract; THENCE, S. 0° 2~ 10" E., 820.00 feet to the point of beginning, con- taining 8.~6 acres more or less. 11. Your petitioner hereby represents to the Honorable City Council of the City of Piainview, Texas, that she ms the only taxpaying qualified voter ownin~ and residing in said territory and tract of land hereinabove described, and that said tract of land lies adjacent to the present city limits of the City of Plainview, Texas. 111. Petitioner will further show the Honorable City Council of the City of Plainview that said tract of land hereinabove described is contiguous to the city limits of the City of Plainview, Texas, and is accessible to sewer, ware] and electricity, and that it is desirable, expedient and for the best interesl for the residents of said area and for the ovaae~ of said land that said area be annexed to the City of Plainview. iV. Your petitioner hereby represents that she is the owner of the tract of land hereinabove described. ~EREFORE, I, the undersigned Petitioner, respectfully petition the Honorable City Council of the City of P!ainview, Texas, that the said area, territory and tract of land above described be annexed to the City of Ptainvi~ and be subject to all of its authority, ordinances, powers and governmental functions. S/ Myrtle L. Reiser ORDINANCE NO. ~ 6&-810 ~ ORDINANCE ANNEXING AND INCORPORATING INT0 THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS~ AN ~REA ADJACENT THERETO AND FINDING ~%WD DETEPJ~.2INING THA' PETITIONS HAVE BEEN DULY SIGNED, AND THAT A >z~JORITY OF THE RESIDENT, QUALIFI TAXPAYiNG VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CiTY CLERK SUCH PETITIO REQUESTING SUCH ANNEXATION AND MAKING SAID AREA SUBJECT TO THE JURISDICTION 0 THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the City of Piainview, Texas, petitioning the City Council of the City of Plainview, t annex and-admit the following described area and territory into the City of Piainview, Texas, to-wit: Part of the Southeast Quarter of the Southwest Quarter of Section 35, GC & SF, Block JK-2, Hale County, Texas: BEGINNING at a 5/8 inch steel rod in the South line of Section 35, and the Southeast corner of the Southwest Quarter of Section 35, also the Southeast corner of the tract; THENCE, N.89o59'50'~W., 398.8 feet along the South line of Section 35 and the center line of 24th Street, to a point, the West property line of?onkers extended; TH~CE, N. OO2'I~'W., 370.15 feet along the We~t property line of Yonkers· to a .point· , the beginning of a 23© 02 curve to the left' T~ENCE,_algng,~the 23© 02' curve 177.50 feet to a point, the beginning o~ a 17~40 32 curve to,th~ right; THENCE, alon~ ~he,~17°40~32 curve 230.66 fe~t to a ooint' THENCE, N. 0 2 10 w., 75 feet to a point in the North property line of proposed 26th Street; THENCE, S. 89o59'50~' E., 500.0 feet to a pbint in the East line of the Southwest Quarter of Section 35, the Northeast corner of this tract; THENCE, S. 0© 2' t0" E., 820.'00 feet to the point of beginning, con- taining 8.~6 acres more or less; and W~HE~EAS, the City Council upon a. consideration of said petition, has found and determined that a majority of the resident qualified taxpaying voters residing in said area have sighed said petition; and %~EREAS, the City Council finds that notice of such petition and the hearing thereon have been published in a daily news paper published within the boundaries of the City of Plainview, Hale County, Texas for the length of time and meeting the requirements of the appropriate statutes of the State of Texas; and ~ ~ T~ ~ ~R~S, the City Council finds tha~ all of said area is contiguous to the present City Limits of the City of Plainview, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of P!ainview that said area be annexed to the City of Plainview; NOW, THERe±ORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1.: It is found and determined by the City Council that the following described tract of land, ~o-wit: Part of the Southeast Quarter of the Southwest Quarter of Section 35, GC & SF, Block JK-2 Hale County, Texas' BEGINNING at a 5/8' ' inch steel rod in the South line of Section 35, and the Southeast corner of the Southwest Quarter of Section ~5, also the Southeasts~grn~r~ of the tract; THENCE, N.89© 50'W., 398.8 feet alon~ the South line of Section 35 and the center line of 24th Street, to a point, the West property line of Yonkers extended; THENCE, N.O°2~lO"W;, 370.15 feet along th~ We~t property ~ine of Yonkers to a point, the ~eginning of a 23 02 curve to the left; THENCE, al~ng,~the 23© 02'. curve 117.50 feet to a point, the beginning of a 17°40~32 .curve to?th~ right; · THENCE, along }he,~lT°40 32 curve 230.66 feet to a ooint; THENCE, N. 0~2 10 w., 75 feet to a point in the North property line proposed 26th Street; of E~ THENCE, S. 89°59'50~E., 500.0 feet to a point in the East line of the Southwest Quarter of Section 35, the Northeast corner of this tract; THENCE, S. 0 2 l0 E., 820.00 feet to the point of beginning, con~ raining 8.46 acres more or less. and all of which land lying and being situated in Hale County, Texas and is contiguous to the City. Limits of the City of Plainview, Texas. Section 2: it is found and determined that a majority of the qualified taxpaying voters residing in the above described area have duly signed a petition on file with the City Clerk, petitioning the City Council to admit, incorporate and annex the above described area into the corporate limits of the City of P!ainview, Texas, and that said petition is in all respects regular and in compliance With Section 4 of the City Charter of the City of Plainview. Section 3: It is found, determined and ordered by the City Council of the City of Plainview, Texas~ that said petition in all things be gmanted and tha~ the abo¥~ d~$¢ribed area be and the same is in all respects-incorporated into and made a part of the City Limits of the City of Plainview. Section 4: It is further determined and ordered by the City Council that the above described area from and after the effective date of the ordinance be NOTICE OF APPLICATION .FOR ANNEXATION OF PROPERTY Notice is hereby-given that Myrtle Reiser has filed an application with the City of Plainview for annexation of the city limits of Plainview, Texas of the following described property: Part of the Southeast Quarter of the Southwest Quarter of Section 35, GC & SF, Block JK-2, Hale County, Texas: BEGINNING at a 5/8 inch steel rod in the South line of Section 35, and the Southeast corner of the Southwest Quarter of Section 35, also the Southeast corner of the tract; THENCE, N.89°59'50"W., 398.8 feet along the South line of Section 35 and the center line of 24th Street, to a point, the West property line of Yonkers extended; THENCE, N. 0°~2' 10" W., 370.15 feet along the West property line of Yonkers to a point, the beginning of a 23° 02' curve to the left; THENCE, along the 23° 02' curve 177.50 feet to a point, the beginning of a 17° 40' 32" curve to the right; THENCE, along the 17° 40' 32" curve 230.66 feet to a point; THENCE, N. 0° 2'. 10" W., 75 feet to a point in the North property line of proposed 26th Street; THENCE, S. 89© 59' 50" E., 500.0 feet to a point in the East line of the Southwest Quarter of Section 35, the Northeast corner of this tract; THENCE, S. 0° 2' 10" E., 820.00 feet to the point of beginning, con- taining 8.46 acres more or less. The City Council of the City of Plainview will act upon this application at its regular meeting on the 6th day of April, 1964. M. B. HOOD, MAYOR