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Volume 2 Ord 64-811-66-951
ORDINANCE NO. 6~-811 AN ORDINANCE ASSERTING THE CORRECTNESS OF PREAMBLE; CLOSING HEARING IN CON- NECTION WITH SPECIFIED IMPROVEMENT OF GERTAIN DESIGNATED PORTIONS OF 24TH STREET IN THE CITY OF PLAINVIEW, TEXAS; STATING THE EVIDENTIAL FINDINGS OF THE CITY COUNCIL IN REGARD TO SUCH IMPROVEMENT; LEVYING ASSESSMENTS AGAINST OWNERS OF PROPERTY ABUTTING SAID DESIGNATED PORTIONS OF 24TH STREET FOR A PORTION OF THE COST OF SAID IMPROVEMENT; SPECIFYING NATURE OF ASSESSMENT 'LIENS AND PERSONAL LIABILITY THEREFOR AND FIXING TIME, TERMS AND CONDITIONS OF PAYMENT OF ASSESSED SUMS; PROVIDING THAT THE CITY OF PLA_INVIEW, TEXAS, SHALL NOT BE LIABLE FOR THE PAYMENT OF ANY SUMS ASSESSED AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF; PROVIDING FOR ISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVII)ENCE OF ASSESSMENTS FOR COSTS; PROVIDING FOR THE CORRECTION OF MISTAKES, ERRORS AND IRREGULARITIES IN ASSESSP~NTS; PRO- VIDING FOR PERSONAL LIABILITY AGAINST THE REAL AND TRUE OWNERS OF THE PREM- ISES DESCRIBED, WHETHER NAMED OR NOT; AND DECLARING AN EMERGENCY. WHEREAS, the City of Plainview, Texas, by Ordinance 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, Texas, should be improved, 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 track of the Santa Fe Railway; and WHEREAS, the Cityof Plainview, Texas, by Ordinance No. 64-808, has heretofore determined that said portion of said designated stmeet 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-with 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, by Ordinance No. 64-809, the City of Plainview, Texas, has h~re~ofore, in entirety, ratified, approved and adopted the estimates, rolls and statements of the City Engineer, prepared and filed with the City, show- ing the cost. of the specified ~mp~6v~ment of said designated portion of 24th Street as hereinabove designated, together with the description of the abutting property-on said specified portion of 24th Street, the names ~of the owners of such property and the amount proposed to be assessed against each parcel 'of property ab. htting said designated portion of 24th Street to be improved as her~einabove specified and set out, and stating and setting out the portion of said improvement to be assessed against railroads, and all o~her matters and things required by law in connection with the proposed assessment; and WHEREAS, by ~Ordinance No. 64-809, the City of Plainview, Texas, here- tofore 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, abutting any portion of the said specified improvement of said designated 9ortion of~24th Street, 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 liability therefor, the special bene- fits to the abutting property and the owners thereof by means of the improve- ment 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; and WHEREAS, by. Ordinance No. 64-809, the City of Plainview, Texas, pro- vided 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 6th day of April, A.D.: 1964, 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, bMOrdinance No. 64-809, the City Clerk of the City of Plainview, 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 the said hearing in the Plainview Daily Herald, a newspaper of general and daily circulation, published in the City of Plainview, Texas, the first of such publications to be at least ten days prior to the date set for the said hearing; and WHEREAS, the City Clerk of Plainview, Texas, in obedience to the direc- tive of the City Council of Plainview, Texas, did give notice of the time, place and pBrpose of such hearing by causing notice, in substantially the form prescribed, to be published three times prior to the date of said hear- ing, in the Plainview Daily Herald, a newspaper of general a~d daily circu- lation, published in the City of Plainview, Texas, the first of which publi- cation was made on the 20th day of March, 1964, the second of which was made on the 23rd day of Ma~ch= 1964, and the third of which was made on the 26th day of March, 1964; and WHEREAS, 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, A,D., 1964, at 7:30 P.M., the City Council of Plainview, Texas, held such hearing, where the owners of any Railways and the owners of any interest therein, and the owners Of abutting property and the owners of any interest therein, were fully and fairly heard in all respects in conformity with the law; and WHEREAS, 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 said hearing, the following persons appeared and each of them being duly sworn, testified as follows: William R. Hogge, City. Engineer of the City of Plainview, testified as to the type of improvements, and identified the Engineer's Rolls setting out the total cost of the improvements to each property owner. B. B. Howle testified that he had examined the Engineer's Rolls descri- bing the property and naming the property owners and giving the front footage and the unit cost and the total cost to each property owner, and that he had viewed each p~rcel of property, and that the benefit to the property and the enhancement of the value of the property by virtue of the improvement would be more for each parcel of property described on the Rolls than the cost of the improvement to the property owner. Charles Vanderpoel, Mancil McWilliams and Calvan Robertson testified that the enhancement of the value of the property would exceed the costs to the property owner, in their opinions. Ail of said testimony was reduced to writing and a transcript thereof is on file with the City Glerk and reference is made thereto for a detailed transcript of the testimony of the above named witn~.sses. 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 OF PLAINVIEW: That all matters asserted in the preamble to the Ordinance are hereby declared to be true and correct. That the hearing heretofore ordered by Ordinance No. 64-809 of the City of Plainview, in connection with the specified improvement of that portion of 24th Street hereinabove designated, is hereby closed, and that all protests and objections in connection with said specified improvement of said portion of 24th Street as hereinabove designated are hereby specifically overruled. That the City Council of the City of Plainview, Texas, from the evidenae, finds: 1. That the assessments herein levied shall be made and levied against the respective-parcels of property abutting upon the said portions of 24th Street and against the owners of such property. 2. That such assessments are right and proper and established sub- stantial justice and equality and uniformity between the respective owners and respective properties, and between all parties concerned, considering benefits received and burdens imposed. 3. That in each case the abutting property assessed specially bene- fitted in the enhanced value thereof by means of the improvement to said portion of 24th Street upon which the particular property abuts, and for which assessment is levied, in a sum in excess of the assessment levied against same by this Ordinance. 4. That the apportionment of the cost of the improvements is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. 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 and itemized shown opposite the description ofthe 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 several sums above assessed against said parcels of property, and against the real and true owners thereof, and interest thereon at the rate of six per cent (6%) per annum, together with reasonable 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 liability and charge against the real and true owners thereof, whether or not such owners be correctly named herein, and such liens shall be and constitute-the first enforceable claim against the property assessed, and shall be a first and paramount lien, superior to all other liens and claims, except State, County, School District and City Ad Valorem taxes. Iai That the sums so assessed shall be payable as follows, to-wit: 1. The amounts assessed against and to be paid by Railways for such improvement shall be paid on estimates or statements, on or before ten (10) 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 six per.cent (6%) per annum. 2. The amounts assessed against and to be paid by the abutting property and the owners thereof for such improvement shall be paid in three (3) equal payments, the first payable within ten (10) days after completion of the work and its acceptance by the City, and the remaining two (2) pay- ments being payable in one and two years after said date of acceptance of 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 six per cent (6%) p~r annum; provided, that any owner shall have the might to pay off the entire assessment, or any installment thereof, before maturity, by payment of principal and accrued interest, and provided fur- ther that if default shall be made in the payment of any installment prompt- ly as the same matures, then the entire amount of the assessment upon which such default is made, shall, at the option of the holder of same, be and become immediately due and payable, and shall be collectible with reason- able attorney's fees and costs of collection, if incurred. e That the City of Plainview shall not in any manner be liable for'the payment of any sums hereby assessed against any property and the owners thereof, but the 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. The said City may, however, exercise all of its lawful powers to aid in the enforcement and collection of said liens and assessments, or the said holder of maid certificates, or the assigns of said holder, may enforce collection of said amounts due on said certificates by suit in any court having jurisdiction~ 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 certi- ficates shall be issued by the City of Plainview upon the completion and acceptance of the work on the specified improvement of the designated portion of said 24th~Street, which certificates shall be executed by the Mayor 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, or 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 a~curately as possibl~,,and the description of the property'by lot and block n~mber, or fmo~t feet thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate, then to so state the description thereof as so owned shall be sufficient, or'if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in describing any property, or in giving the name of any owners, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest ~en due, then, at the option of the holder of the same, or assigns, the whole of said assessment evidenced thereby shall at once become due and pay- able, and shall be collectible with reasonable attorney's fees and costs of collection, if incurred. Said 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 be enforced in any-manner provided by law. The said certificates shall further recite in effect that all proceed- ings with reference to making said improvements have been regularly~d 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 done and per- formed, which recitals shall be evidence of the matters and facts so recited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof. Said certificates may further provide substantially that the amounts payable thereunder maybe paid to the Collector of Taxes 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 certifi- cate or any contract to .pay the same entered into by the property owners, and that the Collector of Taxes will deposit all sums so received by him forthwith with the City Treasurer and upon the payment of any installment with interest upon the surrender of the 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. 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 hereby 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 assessmen~levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. 10. 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 i~ediate prese~ation 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 ~les pro- h~iting the passage of an ordinance on the day intro~ced 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. / P~$ED AND APPRO~D this 6th~~~×da~ of ~ril, A.D., 1964. // M. Bo HOOD~ Mayor AT'ST: M. L. REA~ City Clerk Copy of Public Hearing held before the City Council on file in this office° E~'GI~R~EER ¢S ROLi~~ ~- '~TH STREET PAVING IMPROVEM NT · ~' · .... - L~ ~ ' E iN TH~ ~-~f OF PLAI~%~fIEW, TEXAS Page 1 Of 8 T~E OF PAVING: HOT MIX AS~ALTIC CONCRETE BASIS OF PROPERT~ OWNERS' COST: C~B & GUTT~ PLUS-5% ENGIh~ERIN G ~TOR. BRY~'~ & .~OFFMAN, P. 0 . BOX ~90 , PLAINVIEW, TEXAS PROPERTY 0k$1ERS DESCRIPTION OF PROPERTY FRONT F~ETW UNIT COST TOTAL COST SOUTH SIDE 0F THE STRE~ ~ere number in p~enthesis is used, see correspo: number 2.00 xl.05 in footnote for more particular description of Ad, or = 2.10 ~ _ ~ ................ Subdivi_ . ~ion Reta ~datson, a feme sole S~me tract or parcel of l~d described in Deed 205~ from Rose Ellen Couch to Reta ~Jatson, dated the ~ 20th day of 'May, 1963, and recorded in Vol. ~09~ Page 189, Deed Records of Hale County', Texas Retta "Watson, a widow Same tract or parcel of land described in Deed 60.0 2.10 126.00 from Loyd Belk to S. H. ~atson et ~ Retta Watson dated the 2nd day of June, 1961, and recorded in Vol. 376, Pages 515 and 516, Deed Records, Hale ~ Co~t~Dexas Southwestern ubl~c e~ice Comoany Same tract or parcel of l~d described in Deed 350.0 2.10 735~00 from Mary C. Wright et vir to Southwestern Public Se~ice Comply, dated the 13th day of February, 19~2, and recarded in Vol. 387, Pages ....... . 601 and 602, Deed Records of Hale Co~t~ Texas ~ ....... . Mary C. ~right Same tract or parcel of l~d described as 225~0 ~ 2.10 et vir T. L. Wright Tract ~ in Deed from T. L. WriSt to M~y C. , k~right, dated the 8th day of J~e, 1955, ~d recorded in Vol. 293, Pages 287 and 288, Deed Records of Hale Cot~ty, Texas, save[~-~d except a tract or parcel of l~nd deeded to SouthWestern ~blic Se~ice Compa~ by deed recorded in Vol. ~87, Pages 6Ol ~d 602, Deed Records of ............ ~ ............. ~ Hal_ e~ Co~t~e~s .............. Florence S. Goodwin, The North 2~5 acres of the West 5 acres of ~20.8 ~ 2.10 67~ 68 a widow Block ~l, Lakeside Addition to the Town of ~ ' ................ Plainvi~ Texas~ Calvary Baptist Church ..... ...... ~ )~~ ~ Lots l, 2, 3, ~d ~. Block l, Revised West 2~0.0 2.10 of Plainvie~~ Texas L ~ Subdivision 2~ ~ 508.00 --~ . Block ! Revised West L' Subdivision 2 . -- PROPERTY 0kq~ERS ' DESCRIPTION OF PROPF~TY FRONT FEES UNIT COST SIDE OF THE STR~.E~T Where number i~ parenthesis ia umed~ ~e Corres~ 2.0~1~05 ponding number In foot~o~e for more partic~~ = 2.10 of Addition. or Subdivision Bonita Gr_~ . ~am I Revised/~est L~ Subdivision (2) 50.0 Lawrence B~ Lowe Sam~ tract or parcel of land described in Deed 66.0 2.10 $ from Fr~k Low~ et ~x to LawrenceB~Low$ dated th~ .~, Pages 17~ and 17g, Deed Records, Hale County~ ~ from Roy Mct~aughlin et ~ to Bobby J. Moon, dated 23rd day of February, 1961,- and recorded in Vol. 371~ Pages 5 and ~, Deed Records of Hale Co~ty, Texas Joe Edwards S~e tract or parcel of land described in Deed 12~0 2.10 from C. B. L~bert et ux to Joe Edwards, dated the 5rd d~ of October, 195~, and recorded in Vol. ......................25_..gn~E~g3 l~ __D_e._pd Records of Hale Co~t~T~x~:._ ~ __ Lawrence Lowe S~e tract or p~'cel of land described in Deed 71.0 2.10 from Fra~ Lowe to ~aw~ence Low~ dated the 12th day of Feb~ary, 19o2~ rmd.fecorded in Volo 387~ Pages 179 ~d 180~ Deed Records of Hale Cowry, Texas Bonita Grah~ $~e tract or parcel of land described in Deed 2.10 from Fra~ Lowe et ~ to Bonita Gr~, dated the 20th daF of A~ust, 1959, mud recorded in Vol. ..... . ........... 3~~~3~ Dee~Re~r~~!e Count~ Texas Bonita Grah~ ~ ~o~ ~, Blook 2, ~evised Wes~ Lynn Subdivision (2) ..... ~8.0 C. Robert Darrell Brown~ ~ Lot 11~ BloCk 2, Revised West L~mn Subdivision(2) 60.0 Weldon Gr~ '~ Lot l~_~m.~s~i~ed W~t~ Subdivision (2) 65.0 2.10 Herman Gre~ ~Lot 2t Block 3~ Revised West L~m oubdivmsio~n (~)_ 6~_~ .~0 2.t~ . 0 Weldon G~_.~[ LO_k 3_~ Bloc~. ~__ Revised West~L~ Subdivision (2~_ ~__)_ _ 65.0 2.10 ~ Pl~inview Lots a, 5, and 6, Blo6k 5,~ R~Ise'd~dje~t Ly~( 190.0 2.10 Subdivisi~ Certified ~ · ~~ ~~ 7, /~ TOTAL COST 105.00 138.60 138.60 260.~0 1~9.10 210. O0 163.80 126o00 126o00 136.50 136.50 136.50 399 o O0 ~0PERTY OWNERS SOUTH SIDE OF-~E.S~EET P~TH~ STREET ~APING INPROVE~NT IN TH~ Tf 0F PLAINVIEW, TEXAS, CONTI~JED Jones 01in W. Pearce Jerald R.' Mar~' J. S~ Ritter ,DESCRIPTION OF PROPERTY ~nere number in parenthesi~ is used, see corres- ponding number in footnote for more particular of-~ddition or Subdivision Lot 7~ Block 3~L_Revised West L~ Subdivision Lot..8.~ Block 3~ Revised West L~$__ubdivision (_ · . ~_)._ Lot 9 Bio__ck__3~Rev~Eed West ~Lyrm Subdivision (~ North 5 feet of Lot 18 and All of Lot 19, Block 1 Northsi~e~Subd~yision (5) W. L Reese _Lg~ 20, Block 2, No~hside Subdivision 3 " Claude Hutcherson &robie Gar~er A. B. Ts~water , ~,:~. Maste~ Jr. John '": ~'~ '~ Williara E. Wylie Wel!on Sikes Plains Finance Corp, Certified L. or_.~ect: - ng~neer Lot ~1_, B10ck_2_ Nom~hside Subdivision (3_). Lots t and 20~ Block I~ Watson Subdivision ,~L:~ot~ i~2~Blqc_k.!~_ Bel Air Subd,~y~ Lo~ ~ Block ~.Bel Air~ojb~_ ~vmsion (5) L~~j Block 2LNontrose Addition~) Lot 3~ Elock 2~ Montrese Lot ~ Block 2~ ~trose Addition (6) North ¢ of Lot ~ Block 2~se Additio~~ Lots O and ~ock 2~;Mont~ ~ose Ad¢ition Lot ~ 'Block 2 Montrose Addition Lot ].q~~ Montrose Addition ((~) lot 11~ Block ~ tmntros%xd~vion (~) Lot 12 Block 2 ~:ontrose ~a.i~ion ~:) Lgt ~3 3~c~__ ~:troso .&dditi " - 0 ~' Block 1 Nontrose .~,o~ 9, 1~,~11~ 1~ and 1}: , FRONT FEET 60.0 60.0 o,o lz~O. 0 !z~O. 0 1%0.0 1~0.0:' .... 28_q. cc !z~O. 0 !%0.0 50.0 _ _ooo 50.0 100. O0 50.0 50.0 pO.O 50.0 50.0 ~ '~ Page 3 of 8 UNIT COST 2oO0x1.05 = 2.10 EeTAL COST $ 2.10 $ 126.00 2.10 126.00 2.10 ~15.00 2.10 294.00 2.10 29z~.00 2.10 29#.00 2.10 294.00 2. i0 2.10 2.10 2o10 2.10 2.10 588°00 29~ O0 50.0 250.0 IOC.O co lO5.OO 1o5 o co 2o10 2i0o00 2o10 2.10 2.lo i lo5ooo 1o oo PROPERTY O~i~ERS ~E~CRL. ~I0i~- 0F rRuz~ER~[ FRONT FEET UNIT n SOUTH ciA:, ,.~ .......S?REET ~,~J~ere n~ber im ~a~enta~,~.,~.o is used~,s~a~ ..... corres~ ~o~r~q~,~..,~,~.. ~05 ~on~'~ing number in footnote for more particular - 2o10 ~ ...... descriFtion of Addition or Subdivision Tr o ~!oc~ 1~ Nontrose Addition~ 21~.65 2.10 O~'~ .... ~ '~1 '.'~s ....... i~c. ~ The West 360 feet of that sa}~e tPac~ oP parcel of 359,5 .~ I0 land described iz n~ fro~ o ........ s. E: Curry et al to Gifford~l{ill ~ ...... thc dated the 7th day of ~ ApPi!~ 1952, a~d recorded in Vol ~rN~ Pa~es }15 and 316~0eed Records of Hale C S ~ o~= a~ TOTAL .~RO.~'ER~iY OWNERS' ~no','~ o ~ ]- o00 v~,o~ POt ~6[TH SIDE }F STREET ~}11 PROPERTY G Rose Ellen. Couch ~ erac~ or parcel of land described:~DS f~!!ows~:, ~ J~- ~: 150,8 s ..... 10 Beginning at a point 40 feet Sou~h off the S. E. corner off Block 3 off Gardenvi!le a~ubaivision of ~ w ~ Hs!e the $~ E. Part of Section 35~ ~!ock Co~Sy~ Texas~ the plat of which is recorded in Vol. 199, Pa~e 119, Deed_ Records off Hale Coun~ Texas~ Thence Sou~h 350 fee~ alon~ the East line of a stmee~ to a poin~ in the NorSh line of 2~th ~ ~ ~ . ~H. North Street; l~.len~.e West 150.8 fee~ alon~'~ = line of 2~-th S'~Pee~ '~o e poin~ in ~he N. E. of way line of ~he P~. Worth 8: S~,~voz~ · Raitway~ Thence North ~}0 fees to a poin~ in the South lime of a sSreet[ Themce East t50~8 fee~ along ...... 'the $ou~]~ line of a street to the Place of Ca!van Robert,:on Ssse ~raeS or parcel of land described in Deed 728~9 2~!0 from Otis J. Hardin et ux to Calvan Robert.one' · o et ux, d~'~ted the 19th day of July~ 1954~ and re~ corded in Vol. 263, Pages 157 and 158, De.d ........ cords of Hale ~o~n~y~?e~f~s- Calvan Robertson { Same trao~ ~r parcel of l~d described in Deed ~ 567,5 2,10 771~75 ~ from D. D, Bowm~ et ~ ~o Calvan Rober~son, } da~ed the 15th day of July, 1952, and recorded ] in Yol. 2}2~ Page 389, Deed Re~ords of Hale TOTAL COST 1,530o69 .......... ~ .... ~-~-~ ._I~ ST ZMPROVEMENT IN T~ iTY OF PLAIR~fZE~, TEXAS~ CONTI~tED - Page 5 of 8 PROPERTY Ct',~ERS~ ~ NORTH SIDE OF ~{E STREET James R. Lovell Susie Robertson, a widow Roy' Burrus Charles We Vanderpoe! Lonnie Dyso~ Glenn T. Caughron Willie G. Couch Certified DESCR I PT I ON OF PR 0PER TY Where number in parenthesis is used, see corres- ponding number in footnote for more particular descri~tio.u~.p~ ~_jlddition or Subdivision Same tract or parcel of land desc~~_ibed in Deed - from Charles We Robertson e~ u~ to J~ss R, Love!l et ~, dated the 1st day of December~ 1963~ smd .ecoraea in Vol~ z~lS, Pages ll3 and ll4.~ Deed Re- cords of Hale Count~i' Texas Same tract or p~cel of land described in Deed onelby Howeli et o~w to Susm~ Robertson~ dated the ~th day of April, 1960, and recorded Vol. 358, Pages 71 ~d 72, Deed Records of Hal~ Texas Sam~ tract or parcel of land described in Deed from D. D. Bowman et ~ to Roy Burrus, dated the 20th day of June~ 1950, and recorded in Vol. 202, 215 Deed Records of Hale C~ Texas S~e tract or parcel of land describe~ in Deed from V, E. Pritchard eZ ~ to Charles' ~ W. Vander- peel et ~, dated the 15th day of January, 195~ and recorded in Vol. 253, Pages 4~15 and q~16, Deed Records of Hale Co~z Texas S~e tract or parcel of land described in Deed from D. D. Bot~sm et ux to Lonnie Dyson et ~, dated the 18th day of Novemb~r~ 196~, and corded in Vol. 383, Pages 501 and 502, Deed Records of Hale County, ~=~ ........ ~ame tract or parcel of l~d described in Deed from I.V. Brittian et ~ to Gle~n T. Caughron~ dated the 1st day of April, 1959~ and recorded in Vol, 3~9, Pages zt79 m~.d aSO, Deed Records of Hale Co~t Texas East. 187~5~ of tract of l~d described], in Deed from D. D.~ Bo~nsm et ~ to Willie G. Couch et ux dated the 27th day of Ja~uary~ 1953, and recor~ ded in Vol 2~0 ~ ~ · , ~ges 187 a~d i88, Deed Re~ cords o~ FRONT FEET 212.0 163 o 0 COST OO~l. o5 IO $ 2.10 2.10 164.0 i73.5 157oD 187 o 5 2,10 2.10 2o10 2.10 TOTAL COST $ zm. 5 · 20 787 ~ 5o 350.75 393~ 75 ~ ~ ~" ' ' ' ' Y . FRO NORTH $~DE O~ z. HE STREET ~ W~:~e~,~:~ere n~ . ~ ~ ~ , . ~ _ . NT PEET. ~T CooT .. ~OTA~, COST · . bet mn paren~n~sio m ~ p zng m~bez zn foot,zone flor not'particular [ . z rom W. J. Harpole to K V O P~ I~c ~.~ ~ 28th day of .August, 195~, and the 19th day of J~e~ 1953, ann recorded in Vol~ 23e~ Page 65, _. _ . Records of Jqale Cotu~tyz Tezas Clarence Griffith South. !z~S feet of Lot 9, Block 1, Shepard and 72.5 o i0 Couch Subdivision (7) A. H. Rabor~Sr. Lot 8, Block 1, ~hepard and Couch ubdivis o --- -- -- ....... S ion(7)_ 95o0 ~..10 199~50 J. W. Couch Lots 6 and 7~ Block 1, Shepard and Couch 146 25 ~ .' Subdivision (7) o ~10 307~12 T~ C. Shepard Lots 1, 2, 3, /+ and 5, 293~75 2 10 , Block 1, Shopped and ~- ~' ' Couch Subdivision (7) ~ Dillard Hills Lot 9 and the West 55 feet of Lot 8 Block 1 140 0 2o10 P94~00 Titus aud Pillow o .~ ~- ' , ~ ~ oub~_vioion (8) "~ David D. McDonald All of the South 80 feet of Lot 7 ~d t1~e South 120.0 ~:~10 o . O - ' ,::52~O 80 feet of the East 30 feet of Lot 8, Block !, ~ _ _ ~ Titus and Pillow Subdivision (8) E~ P. Boyd All of the South 80 feet of Lot 9 .~d the South 120 0 2.10 80 fee~ of the ~Test ~5 feet of Lot 8~ Block 2~ -_~ ~ Titus am.d Pillow Subdivision (8) Grady R. Pillow The East 30 feet of Lot 8 and Ail of Lot 7, i.~0.0 2~I0 ~ Block 2.~ Titus and Pillow Subdivision (8) Vera C. Wilks The West Half off Lots 7 m~d 8, Blobk I~ Aiab~a ~16.25 2.10 ........ Addition (9) ~,fi!ton S. Wilks %he West 1/2 of the sast 1/2 of Lots 7 ~d 8~ 158,125 2.10 332.06 Block l z Alab~a Addition (9) T. ]~. Allisom E~a~e The Eas~ 1/2 of the Eas~ 1/2 of ~ot 8~ Block i~ 1.~8~1 ........... ........ Alabama Addition (9) G. E. Allen. ~Bloc~ l~Alabama Addition~?~___ . 2.10 ,24~. 5 Certified Correct: ~'"~-'~~ ..... ~~.~neer -' ENGINEER S ROLL 2~TH ~' m ~ ~ ~ ~- .' ~_= - __ . .~ ..... STREE~ PAVING ~-~O~E~SN~ IN T~ ~Y O~ ~L~N ~ PROPERTY 0 _X 17 ~'~: ~.pase~.paes~:8 ~s usea~ see corres~ ponamng number mn fooS~.ote fop more particular 2.0dxl.05 ~ 2~IO ~escription of Addition or e ~ oubaivision Blackwe!l Temple All of Block 1 of the Subdivision" ~ O) Subdivision (10) J. P, Graves Longacres Page 7 of 8 TOTAl,, COST OOTNOTE $ 2.10 2.10 mOmAZ , -~ ~ PROPERTY Ot'~ERS' COST POR NORTH SIDE 0P c~o~'~ .~OT~c~ ~{OPERTY OWNERS~ COST FOR BOTH SIDES OF STREET 285,73 $12 ~az 56 $2e,.., .,.~o, r (7) (a) (1) Wherever .,.L~l_.esmde' ~ ~ ' ' Addition" is shown, the same shall mean"I,~eside.. .. Addition,' ' "the plat of which is recorded i~:~ Vol. 15, Page 1, Deed Records of Hale2 County, Texas (2) i~erever "Revised West L~ Subdivision" ts sho~m, the same shall me~u Revised West L~n Subdivision of Blocks 32. ~3, 39 and Parts of 38, ~0 ~! 6~ & a-3~ Lakeside Addition to Plainview~ In Fo! 255, P~o~ 281, Deed R ', ' Texas" the plat of whici~ is recorded · =~ ~:ecords ox ~[ale County~ Texas (3) k~erever "No~tbs~ oubdmvmsion is shown~ the same shall mean i~orthside - A S .......... o '" " "-~ ubdivioion of Blocks 28 29 dud 30~ Lakeside Addition to P!ainview, Texa. s~ the plat of which is recorded In Vol. 2~ , , ' '' County. Texas ~ =6 Page 376 Deed Records of Hale (6) ~aer~ver "Watson Subdivision" is sho~n, the same shall me~ Watson Subdivision of West Half smd South 291597 Feet of East Half of Block 17 and North Half of Block 18~ a~keoide~* ~ ~ Addition to ?lainview, Texas," the plat of ~hlch' is recorded in Vol~ ~80~, Page 65a~, Deed Records of Hale County, Texa~ ~'~ ' (5) ~d~erever "Bel Air Subdivision" is sho~, the same shall ~e~ 'Scl Air Subdivision of the North 366~82 Feet of th~ RecordsEast HalfofBlOCkHale Cowry,17' L~esideTexas~da~tion,~ ~lalnview,'" ~' Texas'~ the plat of Which is recorded in Vo1~285, Page ~a~5, Deed $~erever 'Xontrose Addition" is shown, the s~e shall me~'Montrose Addition, Plainview, Texas", the plat of which is recorded in Vol~ 70, Page 582, Deed Records of Hale County, Texas ~S~ereversion.~ofi~oto~ ' Shepard~ 6, 7 , a~8 , andC°UChA~TMSubdivisiOn",~..... *~'~.~.~ of LotiS5,sh°wn'Blockthe6, ~.~lab~aSame~ shallAdditionme~ "Shepardto Plainview ~and CoUChTexasSUbdivision,., the plat ora SubdiVi-which is recorded in Vol. 395, Page 5z~5, Deed Records of Hale Comity, Texas ~ez~v~,~. "Titus ~d Pillow o ., . ~ubaLvismon' is shown, the sau~e shall me~ ~Titus amd Pillow Subdivision of Lots I ~d 2, Block ~, Alabama ~a~' -~ ~.,.mition., Plainview, ~xas , the plat of which is recorded in Vol 336, Page 515~ Deed Records of Hale Co~ty~ Texas Certified Correct: FOO~NOT~ C ~ onttnue~: t::'~..~e 8 of' 8 (9) Wherever "Alabama Addition" is sho~,,u~ the same shall mean "Alabama dditio~ , the plat of which is recorded. in ¥ol. lop, Page 581, Deed Records of Hale County, Te×as (10) W~erever" j. F. Graves Longacres Subdivision', is shown, the same shall me~" J F Graves L - · 0NGACRES Subdivision of Southwest Part Section No. l, Block D 4, Cert. 5/527, G. C. & S. Fo R~ R~ Co., Hale County, Text", the plat of which is recorded in Vol~ 78: Page g~0, Deed Records of Hale County, Texas COS ~ TO R~I~qj~Y COMP~ZES: ~.~we~y~~ shall pay the entire cost of improvements in the a~rea between, their rails and track~ and double tracks and two z~.et on each side the±~ofo The following are estimates of materials and costs, based on Contract 'unit prices, for improvements at railways: WORTH AND DEI~rER RAILWAY COMPANY: Hot Nix Asphalt, Type C ]O &~!7~/! ~7~T 1P AND o A'~?m2 FE R ' ' ........... '~ ~--~., === AILJAY C0~fl%~¥: Ho~ Mix Asphalt, Type C Concrete Valley Gutter 9 Tons @ $16.00 TOTAL ESTIMATED COST 17 Tons @ $16o00 ~8.2 SqoYds @ 6°00 TOTAL ESTIMATED COST = co = $ 144o00 27~ o O0 561 o 2O Certified Correct: AFFI,DAVIT OF PUBILISHER THE STATE OF TEXAS, Couuty of Hale: Before me, the undersigned authority, on this day personany appeared ....... .d..a~..e.s...B. :..0..s?..a.]:d............ . known ~o me to be the publisher of the Plainview Heraid, a newspaper of general .circulation published in Plainview, Hale County; said aewspaper 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 copy of the attached was p%tblished in the Plainview Daily Herald in its issues&f ...~p..r..i.1...2.t;~,...~.~ ........ and the attached clipping is a true copy of said ~Lgb?ca~ion. k,' / ' ' ' ;/j/ ..... Publishe;,' ' ' ' Texas Plainview, ................ , .... ~worn to and subscribed before, me, this ~...2/.th. day of ~ Sota~ Public, ~aio ~oun~7, ( Frankie S. Watson Publisher's Fee $ ORDINANCE NO. AN ORDINANCE M~iKiNG IT UNLAWFUL FOCi THE O~7~[ER OF ANY DOG TO PERMIT OR ALLOW SUCH DOG TO RUN AT LARGE 'UPON ANY PUBLIC HIGHWAY, STREET, ALLEY, COURT, SQUA~IE, PARK, SIDEWALK, OR OTHER PUBLIC GliOUND OR PUBLIC PROPERTY ~fITHiN THE CORPORATE Li[dITS OF THE CITY OF PLAI[~fiEW, AND FURTHER ~,'~KING IT UNLAW- FUL FOR THE O~E~. OF ANY DOG TO PERMIT OR ALLOW SUCH DOG TO RUN OR BE AT LARGs UPON ANY UNFENCED LOT, TRACT OR PAP~CEL OF LAND V~iTHIN THE CORPORATE Lil~[ITS OF THE CITY OF PmAINVI~; AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW: SECTION i: It shall be unlawful for the o~maer of any dog to permit or al~og to run or ~e at large u~on any eublic highway, street~ alley, court~ square, park, Sidewalk~or other public ground or public property within the coreorate limits of the City of Plainview. SmC~ION 2: It shall be unlawful for the owner of any dog to permit or al~og to run or be at large upon any unfenced lot, tract or parcel of land within the corporate limits of the City of Plainview. ~ ~ "at _ SECTION 3; ~h~ term targe~ as used in this ordinance, shall mean not under'the' control of the owner either by leash, chain, cord or other suitable material attached to a collar or harness, and not constrained .S~rety within an enclosure or fence. SECTIQN ~: it shall be the duty of the Dog Catcher of the City of Plainview, or such other person as may be designated by the City Council of the City of Plainview~ to'pick up and empound 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 ~ick up and empound all dogs, the owners of~whi~ch have or are violating the terms and provisions of Section 1 and Section 2 of this ordinance. ~EC?IQN 5:. All dogs picked up and empnunded in accordance with and under the terms and provisions of this ordinance shall be dealt with and disPosed of in accordance with the terms and provisions of the applicable sections of Article 10 of Cha~ter ~ of "The Code of the City of Plainview, Texas, 1957", and all provisions for empounding dogs and for the disposi- tion of dogs not having a license, as provided for in said Article 10 of Chapter ~ of ~'The Cbde of the City of Plainview, Texas, 1957", shall apply to dogs found running at large, as that term is defined herein, or dogs whose okmers have permitted them to run at large, as that term is defined herein, in violation of Section t or Section 2 hereof. Said applicable s6ctions of said Article 10 of Chapter ~ of "The Code of the City of P!ainview, Texas, t957", pertaining to empounding and disposition of dogs empounded for not having a license shall also apply to dogs em~ounded 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 ! 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 ~!.00 and nov more than ~lO0.O0,and and/any person who.shall aid, abet or assist in the violation of the provisions of this ordinance shall be deemed quilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ~i.00 and not more than ~!00.00. PASSED AND APPi~OV~D this the 20th A.D., 1964.. day of A~ril m. B. Hood t.~[. B. HOod, M&yor ATTEST: ~[. L. Rea M. L.-~-$a'] City Clerk /hW~ENDMENT :NO A 2 Do ~you vote to amend'the of the City of Plainview, Texas,-by amending and changing said Charter so as to ~dd another section, which.will be Section 201, to provide for a City l~nager for the City of Plain- view, Said amendment to the Charter to be as follows: SectiOn 201: (I) City ~nager. officer of the City. The City Manager shall be the chief administrative (2) Appointment. The City Manager shall be appointed by the ~yor with the approval ofthe 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 removing the City Manager shallbe final, it being the int-enti~ of the Charter to vest all authority and fix all responsibility for such ~emOval in the COuncil. (3) Qualifications. The City N~nager shall be chosen by the Council solely on the basis of his executive and administrative training, experience and abitity.~ TheCity ~nager 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 I~anager shall receive such compensation as may be fixed by the Council. (5) Powers and Duties. The City ~nager 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 ShalLinclude, 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 Colle6tor, the Judge of the Corporation Court, and the City Attorney, with the advice and consent of --I~ ~the City Council (such appointments to be made upon merit and fitness alone) ~. land may a~ will remove any and all officers or employees appointed by him. The City l~anager may authorize any such administrative officer whom he has appointed to exercise the powers herein granted with respec~to subordinants in that officer's department, office or agency. (7) No person related within the second degree by affinity 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 Nanager shall direct and supervise the administration of all functions of the City and of its departments,~ office 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 8ity is a-party are properly performed. .~{1©) The City Manager shall prepare and submit the annual .budget and capital progress to the Council. (11) The City Manager shall make regular monthly reports to the Council on the operations of the City ~departments under h~-~s .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 maEe such recommendations to the Council concerning the affairs of the City as he deems desirable.~ (12) The City ManagercounCilPerformshall such other duties as may be prescribe~ or required of him by the not inconsistent with the provisions of the Charter. YES: NO: (For the City Manager Amendmene) (Against the City M~nager Amendment) ORDINANCE AUTHORIZING iSSUANCE OF $25,000 :'CiTY OF PLAINVi~g~ TEXAS~ GENERAL OBLIGATION WARRANTS", DATED MAY 15, 1964 THE STA%~E OF TEXAS CITY 0F PLAINVI~:-~ COUNTY OF HAI~ ON this, the 12th day of May, 1964, the City Council of the City of Plainview, Texas, convened in special session at the regular meeting place thereof in the City Hall, with the following members present and in attendance, to-wit: M. Bo HOOD MAYOR MAURICE HANNA KELTZ GARRISON jAMES W. DAVENPORT ALDERM~N GEO. L. TAYLOR MEDLiN CARPENTER and the following absent: constituting a quorum; and among 'other proceedings had--were t'he following: The Mayor introduced a proposed ordinance° The ordinance. was read in full. A!derman ~/~_~~ made a motion that any ru, le re- to be read at more than one meeting of the City qui~ing ordinances Co~ucil be suspended and the ordinance be passed~s an emergency measure. The motion was seconded by Alderman ~,~..~,,~.~: and carried by the following vote: AYES: NOES: Aldermen Hanna, Garrison, Davenport, Taylor and Carpenter None. Alderman ~Y~~ .made a motion that the~or~inance be passed finally° The motion was seconded by Alderman~-~~.~ and carried by the following ~ote: ~.. AYES: Aldermen Hanna, Garrison, Davenport, Taylor and Carpenter NOES: None o The Mayor announced that the ordinance had been finally passed. The ordinance is as follows: "~M 0RDIN>~CE by the City Council of the City of P!ain:iew, Texas, authorizing the issuance of ~CITY OF PLAIh~IEk~, TEXAS~ GEk~ERAL OBLIGATION WARRANTS~, dated May 15,1964, in the principal sum of $25~000, to bear interest at the rate of 4% per annum, payable on November 15, 1964 and semi-annually thereafter on May 15 and November 15, in each year, the principal to mature serially, issued for the purpose of evidencing the expenditures to be made by the City Council for furniture for the City Hall and for office machines and expenses incidental to the purchase of said equipment, prescribing the form of the warrants and interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said warrants and create a sinking fund for the redemption thereof; enacting provisions incident and relating to the subject and purpose of this ordin~nce~ and declaring an emergency." WB~REAS~ heretofore, to-wit: on the 20th day of !pril, 1964~ the City Council of the City of Plain~iew, Texas, duly passed and adopted a resolution authorizing the Mayor to give notice of City's intention t6 issue $25,000 General Obligation Warrants of the City of Plainview, Texas, to bear interest at a rate not to exceed 4-1/2% per annum, payable annually or semi- annually, the principal of said warrants to be payable serially, the maximum maturity date to be not later than December 31, 1974, to be issued for the purpose of evidencing the expenditures to be made by the City Council for furniture for the City Hall and for office machines and expenses incidental to the purchase of said equipment, all of such purchases to be made under the direct supervision of the City Council and under contracts duly and legally entered into, said resolution b~ing re'corded in Book 13 of the Minutes of said City Council; and, WHEREAS, pursuan~ to the aforesaid resolution of April 20, 1964, the Notice of Intention to issue the aforesaid warrants was duly issued and published in the PLAINV/EW DAILY HERALD, which is a newspaper of general circulation in~ and published in said City of Plainview, Texas, on the following dates: April 24, 1964 and May l, 1964; and W~AS, no petition of any character has been filed with the City Council or with the City Secretary, or any other officer of the City, asking for a referendum election on the question of the issuance of bonds for the purpose of financing the cost of the purchase of said equipment, orin any manner pro- testing the iSsuance of time warrants inpayment of all or a part thereof; therefore BE iT ORDAINED BY THE CITY COUNC~L OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That in accordance with the aforesaid publishe~ notice, claims and accounts shall be incurred in regular order to the proper party or parties, or contracts shall be duly and legally entered into~ for the purpose of evidencing the expenditures to be made by the City Council for furniture for the City Hall and for office machines and expenses incidental to the purchase of said equipment. SECTION 2: That interest bearing time warrants of the City of Plainview, to be known as "CITY OF PLA!NVIEW, TEXAS, GENERAL OBLIGATION WARR~TS'' shall be issued for the purpose of paying said contracts~ or for cancelling and in lieu of an eGuai amount of claims and accounts authorized to be incurred for ~he purposes aforesaid; provided that although provision is hereby made to cancel claims and accounts yet to be incurred and to pay contracts yet to be entered into, no warrant or warrants shall ever actually be issued by delivery until and unless in exchange for an equal amount of indebtedness represented by the claims and accounts herein authorized, and which have been actually incurred by-said Ciby for purchasing the equipment herein authorized, and which claims and accounts shall have been du!y presented to, audited, allowed and approved by the City Council or until and unless in payment of itemized estimates or accounts duly submitted to and approved by the City Council, showing the amounts due contractors for equipment furnished under contracts duly and legally entered- into. SECTION 3: That said warrants shall be numbered conse- cutively from One (~-) to ~enty Six (26), both inclusive; shall be in denomination of One Thousand Dollars ($!,000) each, EXCEPT Warrants Numbered 25 and 26 in denomination of Five Hundred Dollars ($500) each; shall be dated May 15, 1964; and shall mature serially, without right of prior redemption, on November 15 in each of the years in accordance with the following schedule: WARRANT NUMBERS ALL INCLUSIVE lto5 MATURITY AMOUNT 1964 $5,000 6 to l0 1965 5,000 li to 15 1966 5,000 16 to 20 1967 5,000 21 to 26 1968 5,000 SECTION 4: That all of said warrants shall bear interest from date to maturity at the rate of FOUR PER CENTUM (4%) per annum, payable on November 15, 1964 and semi-annually thereafter on May 15 and November 15 in each year, such interest to be evi- denced by proper coupons attached to each of said warrants. SECTION ~i- That the principal of and interest on said warrants shall be payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at THE CITY NATIONAL BANK OF PLAI~B/~W~, Piainview, Texas, or at the option of the holder at the HALE COUNTY STATE BANK, Plainview, Texas~ or at THE FIRST NATIONAL BANK OF PLAiNVIEW, Plainview, Texas, upon presentation and surrender of proper warrants or interest coupons. SECTION 6: That each of said warrants shall be signed by the Mayor, countersigned by the City Secretary and registered by the City Treasurer, and the corporate seal of the City of Plainview, Texas, shall be impressed upon each of them; and the facsimile signatures of the Mayor and City Secretary may be litho- graphed or printed on the interest coupons attached to said warrantl and which shall have the same effect as if said coupons had been signed by said officers in person° SECTION ~L The warrants to be issued hereunder shall be substantially in the following form: N0o ~ UNITED STATES OF A~RiCA STATE OF TEXAS COUNTY OF P~&LE CITY OF PLAINVi~g, TEXAS, GENERAL OBLIGATION WARRANT FOR VALUE RECEIVED, the City of Plainview, a municipal corporation of the State of Texas, hereby promises to pay to bearer, without right of prior redemption, on the FIFTEENTH DAY OF NOVEMBER, 19____~ the sum of DOLLARS ($ ~. ), in lawful money of the United States of America, wiSh'-interest thereon from da~e hereof to maturity at the rate of FOD~ PER CENTUM (45) per annum~ payable on November 15, 1964, and semi-annually thereafter on May 15 and November 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 of this warrant are hereby made payable at THE CITY NATIONAL BANK OF PLAI~IEW, Piainview, Texas, or at the option of the holder at the HAT~ COD-NTY STATE BANK, Plainview, Texas, or at THE F~RST NATIONAL BANK OF PLAINVIEW, Plainview, Texas, without exchange or collection charges to the owner or holder, and for the prompt payment of this warrant and the interest thereon at maturity, the full faith, credit and re- sources of the City of Plainview, Texas, are hereby irrevocably pledged. THIS WARRANT is one of a series of Twenty Six (26) f~ serial warrants of like tenor and e_sect except as to number, denomination and 'maturity, aggregating in amount ~ENTY FIVE THOUSAND DOLLARS, ($25,000), numbered consecutively from One (1) to Twenty Six (26)] both inclusive, in denomination of One Thousand Dollars ($I,000) each, except Warrants Numbered 25 and 26 in denomination of Five Hundred Dollars ($500) each, issued for the purpose of paying contracts or for cancelling and in lieu of an equal amount of claims and accounts to be legally incurred for the stated ~purpose as follows: for the purpose of evidencing the expenditures to be made by the City Council for furniture for the City Hall and for office machines and expenses incidental to the purchase of said equipment, under and by virtue of the Con- stitution and laws of the State of Texas, and pursuant to notice of intention duly issued and published ~ the time and manner prescribed by statute, and in accordance with an ordinance duly passed and adopted by the City Council of the City of Piainview, Texas, and of record in the Minutes of said City Council. iT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that all acts, conditions and things necessary and required by the Constitu- tion and laws of the State of Texas, to be done precedent to and in the issuance of this warrant and the series of which it is a part, have been properly done, have happened and been performed in, regular and due time, form and manner as required by law; that the contracts or all claims or accounts in respect of the purchase of furniture for the City Hall and for office machines and expenses incidental to the purchase of said equipment, were duly audited and allowed by the City Council of said City; that the issuance of this warrant and the series of which it is a part does not exceed any constitutional or statutory limitation of debt, taxation or otherwise; and that sufficient and proper 'provi- sion for the levy and collection of taxes has been made which, whez collected, shall be appropriated exclusiv~y to the payment of this warrant, and of the series of which it is a part, and to the pay- ment of the interest coupons attached as the same shall become due. IN WITNESS WHEREOF~ 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 interest coupons hereto attached to be executed by the lithographed or printed facsimile signatures of the Mayor and City Secretary, the date of this warrant in conformity with the ordinance above referred to being the FIFTEENTH DAY OF MAY, 1964. COUNTERSIGNED: Mayor, City of Plainview, Texas City Secretary, City of PiainView,Texas REGISTERED: City Treasurer, Cityof Plainview, Texas SECTION 8: That the interest coupons attached to each of said warrants shall be substantially as follows: NO. ON TB]E FIFT~.ENTH DAY OF $~ the CITY OF PLAINVIEW~ a municipal corporation of the State of Texas, hereby promises 'to pay to bearer, at THE CITY NATIONAL BANK OF PLAINVIE~Y, Plainview, Texas, or at the option of the holder at the HALE COUNTY STATE BANK, Plainview, Texas, or at THE FIRST NATIONAL BANK OF PLAIh-~I~, Plainview, Texas, the sum of DOLLARS ($~ ), in lawful money of the United States of America, without exchange or collection charges to the owner or holder, being _ .months~ interest due that day on "CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION WARRANT", dated May 15, 1964. Warrant City Secretary Mayor SECTION 9: 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 tax upon all of the taxable property in said City, sufficient to pay the current inter- est on said bonds and create a sinking fund sufficient to pay each installment of principal as the same becomes due, or a sinking fund of ~% whichever is greater; and to pay the interest on said warrants for the first year, and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2% whichever is greater, there is hereby lev~ed a suffi, cient tax on each one hundred dollars' valuation of t~xable proper- ty in said City for the current year and the s~me shall be assessed and collected and applied to the purpose n~med; and while said war- rants 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 provi~ funds to pay the current interest on said warrants and to provide the necessary sinking fund, full allowance being made for delin- quencies and costs of collection~ shall be and is hereby levied for each year, respectively, while said warrants, or any of them, or any interest thereon, are outstanding and unpaid, and said tax shall each year be assessed and collected and applied to the pay- ment of the principal of and interest on said warrants. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such warrants~ it having been found and 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° SECTION 11: The public importance of this measure and the fact that it is to the best interest of the Cityrto provide funds for the purposes herein contemplated 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 at more than one meeting be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rule and provision is accordingly suspended and this ordinance is passed as an emergencymeasure, and shall take effect and be in force from and after its passage. PASSED AND APPR0~, this the mirth day of May, 1964. Mayor, City of Plainview, Texas Secretary, City of Plainview,Texas (City Seal) APPROVED: - City Attg~ney,'Cit'y ~ Plainview, Texas ~/ . ORDINANCE RATIFYING AND CONFiP2~ING CONTRAC~ FOR SALE OF FURNITURE FOR THE CiTY PLa. LL~ AND AUTHORIZING PAYMENT BY DELIVERY OF "CITY OF PLAINVIEW, TEXAS~ GENERAL OBLIGATION WARRANTS", DATED MAY 15, 1964 THE STATE OF TEXAS CITY OF PLAINVIEW C 0UNTY OF HALE ON THIS, the 12th day of May, 1964, the City Council of the City of Plain'view, Texas: convened in special session at the .regular meeting place thereof in the'City Hall, with the following members present and in attendance, to-wit: M. B. HOOD ~YOR MAURiCE KELTZ GARRISON J~S W. DA~NPORT GEO. L. TAYLOR ~DLIN CARPEN~R ALDERMEN and with the following absent: constituting a quortum; and among other proceedings had were the following: The Ma~or introduced a proposed ordinance° The ordinance was read in ·full. Alderman t~?~__~_ made a motion that any rule re- quiring ordinances to be read at more than one meeting of the City Council be suspended and the ~rdinance be passed. ~s an emergency measure. The motion was seconmed by Alderman_ ~z,~ and carried by the following vote: AYES: NOES: Aldermen Hanna~ Garrison, Davenport, Taylor and Carpenter None. ' Alderman~~,~ made a mo~ion that the ondinance be passed finally. The motion wa[ Seconded oy Alderman ~~ and carried by the following 'vote: AYES: Aldermen Hanna, Garrison, Davenport, Taylor and Carpenter NOES: None. The Mayor announced that the ordinance had been finally passed. The ordinance is as follows: "~ ORDINANCE by thelOity Council of the City of Plainview, Texas ratifying and confirming 'contracts for sale of furniture for the City Hall and authorizing payment of said contracts by delivery of ICityof Plainview,Texas, General Obligation Warrants', dated May 15, 1964; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergencye . WheREAS, by ordinance passed on the 12th day of May, 1964~ the City Council of.the City of Plainview, Texas, has ~uthorized the issuance of "CITY OF PLAI~U~IEW., TEXAS, GENERAL OBLIG~TION ~NTS", dated May 15, 1964, in the principal sum of ~25,000 for the purpose of evidencing the expenditures to be made by the City Council for furniture for the City Hall and for office machines and expenses incidental to the purchase of said equipment; and ~HEREAS, pursuant to due advertisement therefor on the l~th day of May,: 19~4, this City Council did receive proposals or bids for the purchase of office furniture for the City Hall in accord~uce with specifications therefor on file in the City Secre- tary's 0ffice, andlat such time the City Council did open and read all such .propozals; and ~IE~AS, it is now affirmatively found by the City Coun- cil that the lowest and best secured proposals or bids received for the various items of office furniture for the City Hall were submitted by Stationery company, Plainview, in the amount of $16,956.67;and American Seating Company in the amount of $2~287.50; and WEEREAS, it is affirmatively found and adjudged that said proposals or bids were in strict conformity with the advertised notice to bidders and thmt each was accompanied by a certified or cashier's check or an aceeptable bid bond in an amount not less than 5% of such proposal or bid; and WHEREAS, this City Council upon due investigation has deteEnined that no petition in writing by as many as 10% of the qualified voters of the City whose names appear on the last approved tax rolls as property taxpayers, has been submitted to this City Council asking that referendum election be called for the issuance of bonds for the purpose of financing the cost of the pur- chase of said equipment, nor has any petition been submitted which in any way protests the execution of contracts for the purchase of said equipment; and WHEREAS~ it further appearing to this City Council that the requirements of Article 2B68a, V.A.T.C.S., have been duly and strictly complied with in the giving of notice, the acceptance of bids~ and that the awarding of contracts will not exceed any con- stitutional or statutory limitations, and that in accordance there- with it is determined and adjudged that contracts should be awarded as hereinafter prolvided; and ~HEREAS, the form of contracts having been prepared and submitted to this City Councillin respect of the purchase of said furnitur~ for the City Hall, the same are hereby approved and adopted by this City Council and authorized to be executed by the Mayor and the City Secretarylas the act and deed of this City council and of the City of Plainview, the said contracts being as follows, to-wit: THE STANDARD BETWEEN CONTRACTOR FOR CONSTRUCTION OF Issued by The American Institute of ~4rchitects for use when a Stipulated Sum Forms the Basis of Payment FORM OF AGREEMENT AND OWNER BUILDINGS Approved by THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA; THE CONTRACTING PLASTERERS' AND LATHERS' INTERNA- TIONAL ASSOCIATION; COUNCIL OF MECHANICAL SPECIALTY CONTRACTING INDUSTRIES, INC.; THE NATIONAL BUILDING GRANITE QUARRIEs ASSOCIATION~ INC.; THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION; THE PAINTING AND DECORATING CON- TRACTORS OF AMERICA~ AND THE PRODUCERS' COUNCIL, Copyright 1915-1918-1925-1937 ~) 195~8 by The American Institute of Architects, the Octagon, Washington, D. C. Reproduc- tion of the material herein or substantial quotation of its provisions without permission of The American Institute of -~rchitects violates the copyright laws of the United States and will be subject to legal prosecution. This form is to be used only with the standard general conditions of the contract for construction of buildings. THIS AGREEMENT made the '~e].~h .~ ....................... day of .......~ ...................in the year Nineteen Hundred and ....... -...8.~y_.-t..f_.O.~ ...................................... by and between bi i 1// 8%~'~t.01~..1~.. P,o~ Inc, ..................... ........................ hereinafter called the Contractor, and ....... .T..h..e....O_~..%~...0.f._..~.i.a..~.v..j,.e._14._}....T..e.~Ke~t ................ ............................................................................................................................ hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE WORK ~uc~ P~'%s zuch ~ar%~ The Contractor shall furnish ~ of the materials and perform ~ of the work sho~ on the Drawings and de- scribed in the Specifications entitled ..... Q~.~..~.~.~..~0~...~...~7._~s_..~$~.._O~. ........... '~-~-~--~-~-:-~--~-. ~I~..6~ ............................................................................................. (Here insert the eaptlon deserlptive of the work a~ used on the Dmwin~ and in the other Gontract Document) prepared by ..... [~ --~- --~F-- ~*h~ ~.~$ ........... ~l~~.~..T~ ................................................... acting as and in these Contract Documents entitled the Architect; and shall do everything required by this Agreement, the General Conditions of the Contract, the Specffications and the Drawings. * Formal approval, which has been Riven previous editions, has not yet be~ ~eeoiv~ from all of these organiza~ons. AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Edlti,m / Five IJages / Pa~e 1. ARTICLE 2. TIME OF COMPLETION The work to be performed under this Contract shall be commenced ..... at oreo and shall be substantially completed .... ~llnder (Here insert stipulation as to liquidated damages, if any.) ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deduc- tions provided therein, in current funds as follows: (State here the lump sum amount, unit prices, or both, as desired in individual eases.) . 7/xoo ............ ------ ....................... Ooatractor agrees to aocept legally issued genera! obligation warrants in payment thereof. Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Edition / Five pages / Page 2. ARTICLE 4. PROGRESS PAYMENTS The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the .... ~_ day of each month ...::i&.: ..... :_:~..X: ....... ...:.--:.. per cent of the value, based on the Contract prices of labor and materials incorporated in the work and of materials suit- ably stored at the site thereof up to the .....? ......... -.2.'--5-:..--:._ :-:.e_:.:. day of that month, az.estimated by the Architect, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to .... ~ .......... per cent of the Contract price ........................ (Inser~ here any provision made for limiting or reducing the amount retained after ~he work reaches a certain stage of eompletion.) ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due ....... .~...0_ ............ days after substantial completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a final certificate, over his own signature~ stating that the work provided for in this Contract has been completed and is accepted by him under the terms and con- ditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Edition / Five pages / Page 3. ARTICLE 6. THE CONTRACT DOCUMENTS The General Conditions of the Contract, the Specifications and the Drawings, together with this Agreement, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Specifications and Drawings: 5peoificatio~ Job No. 64-249 Date April 21, 1964 a. General Pages 1-8 i~elusive F~rniture Speeificatioms Pages 1~9 inciuslve Revised 4-29-64 II. 8oope of Work ao Ail items, specifi, oatioms referenced per Ib above, ~exeeCt items 6, 7, & 40. ~ b. Ail chairs (withe~ easters) with and without arms, shall be of sam~ 'manufacturer a~d de sign. AGREEMENT BET¥/EEN COlqTR~.CTOR AND OWNER. Sixth Edition / Five pages / page ~. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. ~it~ 0£ ' Plaimvi~e~Texa~. M~ Bo l~cd, IqaTor x. Stationery Oompsm~, Inc. .... 'g£t~le - AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Edition / Five pa2:es / Page §. 9. Delete ~ne ~ile ~a~imeA f~ I%em ~o. c~ract, PUrchase are t. ~eome pa~ of %his . Th? ~?~ ahanges am/~o~k affee~ ~he~e~, is subJec~ to all 2of2 THE BETWEEN FOR CONSTRUCTION STANDARD FORM OF AGREEMENT CONTRACTOR OF AND OWNER BUILDINGS Issued by The American Institute of Architects for use when a Stipulated Sum Forms the Basis of Payment Approved by THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA; THE CONTRACTING PLASTERERS' AND LATHERS' INTERNA- TIONAL ASSOCIATION; COUNCIL OF MECHANICAL SPECIALTY CONTRACTING INDUSTRIES, INC.; THE NATIONAL BUILDING GRANITE QUARRIEs ASSOCIATION, INC.; THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION; THE PAINTING AND DECORATING CON- TRACTORS OF AMERICA, AND THE PRODUCERS' COUNCIL: INC.* Copyright 1915-1918-1925-1937 © 1958 by The American Institute of Architects, the Octagon, Washington, D. C. Reproduc- tion of the material herein or substantial quotation of /ts provisions without permission of The American Institute of Architects violates the copyright laws of the United States and will be subject to legal prosecution. This form is to be used only with the standard general conditions of the contract for constrmction of buildings. THIS AGREEMENT made the ....... ..~..~,~..~...{~_..~.) .................................................................... day of .....~ ....................in the year Nineteen Hundred and by and between ......... ~.~.~.ll. ~a~ ~..1~ ........................ hereinafter called the Contractor, and ........ ~..~...0.~.. ....~..~ ............... ............................................................................................................................ hereinafter called the Owner, WITNESSETH, t~h,at the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE WORK The Contractor shall furnish~the materials and pertorm2~ of the work shown on the Drawings and de- rriere inset[ the caption descriptive of the work as used on ~he Drawings and in the other Contract Documents) acting as .................................................. : ..................................................... and in these Contract Documents entitled the Architect; and shall do everything required by this Agreement, the General Conditions of the Contract, the Specifications and the Drawings. * Formal approval, which has been given previous editions, has not yet been received from all of these organizations. AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Editi~m / Five pages / Page 1. ARTICLE 2. TIME OF COMPLETION The work to be performed under this Contract shall be commenced ...... ~..I~1111~: ........ ~ .............................. and shall be substantially completed .... -~.-~-0--:O1~O-1~..~ii~r~...~O~__1~88}. ............................... (Here insert stipulation as to liquidated damages, if any.) ' ' ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deduc- tions provided therein, in current funds as follows: -'-~---~~---~780--ll~.t~t.5~...i~lr~ll ..... (State here hhe lump sum amount, unit prices, or both, as desired in individual casea.) Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of thd Contract to prevent such hardship. AGREEMENT BETWEEn* CONTRACTOR AND OWNER. Sixth Edition / Five pages / Page 2. ARTICLE 4. PROGRESS PAYMENTS The Owner shaI1 make payments on account of the Contract as provided therein, as follows: On or about the .~..._~:~-.-.r- -.-5 .... ::2.. day of each month . · - ..... :-__: ~. per cent of the value, based on the Contract prices of labor and materials incorporated in the work and of materials suit- ably stored at the site thereof up to the ..: :--~ ~_-_ ~_~-_.- ~: day of that month, a~.estimated by the Architect, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to .... .90. ....... }. per Cent of the Contract price ........................ (Insert here any provision made for limiting or reducing the amount ~etained after the work reaches a certain stage of eom!oletion.) ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due .: ..... l0 ............ days after substantial completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work 'is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and con- ditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Edition / Five l~ages / Page 3. ARTICLE 6. THE CONTRACT DOCUMENTs The General Conditions of the Contract, the Specifications and the Drawings, together with this Agreement, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Specifications and Drawings: General Pages 1-8 inclusive Furni%~ Specifiea$~to~ Pages~ 1-9 inelusive Revised 4-2~-~ Scope of ~ork specifications referenced Par. I b above. AGREEMENT BETWEEN CONTRg. CTOR AND O~rfNER. Sixth Edition / Five pages / Page ~. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. Ti~!e AGREEMENT BETWEEN CONTRACTOR AND OWNER. Sixth Edition / Five pa~es / Page 5. and ~'~°~r~i~o~ tt~s City Council finds that ~zl acts, condi- tions and things required to be done precedent to and in the exe- cution of said contracts ~ave been properly done and p~rforme~ and ~have happened in due ti~:e, foz~m and manner as required by law; the re for~ ~ IT 0~AIh~D BY ~P~ CITY C0~CIL OF THE CITY OF PL.&iI~F~Y ~ ~EXAS: o=~'~±~ 1~ That all fim~dings and conclusions contained n the preamble hereof snell be a~ud the smme are hereby adopted and brought foz~ard as a part of this ordinance. SECTION ~ ~mat the bids or proposals hereinbefore set f ~ ~ty of Piainview of office efta for the sale arid delivery to the ~ furniture for~ the City P~ii~ and the agreements to accept ~?arrants and oash in pa~ent therefor~ all of which have been approved and accepted by this City Councii~ sb~ll now constitute valid and sub- sisting contracts and such contracts hereby ratified and co~afirmed~ At such time as the office furniture therein described has been delivered to and accepted by the City~ such amount of the 'City of Plainview,Texas~ General Obligation Warrants"~ dated M~y !5~ !964~ authorized to be issued by the City Council by ordinance passed and adopted on May 12, 1964, shall upon proper resolution of the City Cou~oll be executed and delivered' by the Mayor~ City Secretary and City Treasurer to the contractors as follows: WARRA~N~ DENOMiNA- M~TURITY ~ OP CONTRACTOR NLSfBERS TION~ DATES AM0~IT M & W STATi0~RY t to 5 $t,000 Nov. 15, 1964 $5,000 COMPM~ 6 to !0 i~000 Nov.. 15, 1965 5,000 ll to 15 l~O00 Nov. 15, 1966 5~000 16 1,000 Nov. 15, 1967 1,000 25 500 Nov. 15, 1968 500 ~R=CAN SEATING C 0MP 17 and 18 1,000 Nov. 15, 1967 2,000 SECTION 3~ ~uat if the City Council sb~ll determine to accept less than ali of the office furniture to be furnished and delivered by the contractors at any time~ such amounts as may be due such contractors which cannot be satisfied by warrants in the denomination assigned and allocated to such contractors pursuant to the foregoing schedule~ shall be carried fo~ard until the next accepted delivery of office furniture to the end that upon delivery and acceptance of the final items of office furniture to be fur- nished by the contractors they will have received warrants in full payment of their total contracts which can be paid by warrants in the $500 or $1~000 denominations allocated to them and shall receive the balance thereof in cash. The sum of $456.67 required to meet the total cash paF~m~ent which will be due on the contract with M & W Stationery Co[npany and the sum of $~87.50 required to meet the total cash payment which will be due~on the contract with American Seating Company, aggregating $744.17 due on final delivery and acceptance of the office furniture is hereby ordered to be set aside for such purpose out of funds available for the purp ese and unappropriated to any other purpose. SECTION 4: That further resolutions of this City Council are reserved u~ such time as the office furniture contracted for is delivered and found to be in strict accordance with the speci- fications thereto and as represented by the contractors, at which time ~ ~ ~ ~ ~n~s City Council will enter its ~u~ther zesoiution authorizing e~acution ~ud delivery of warrants in payment of su&n office furniture° SECTION ~: The public importance of this measure and the fact that it is to the best interest of the City to provide for the office furniture for the City Hall 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 at more than one meeting be s~spended, and requiring that this ordinance be passed and take effect as an emergency measure, and suoh rule and provision is accordingly suspended and this ordinance is passed as an emergency measure and shall take effect and be in force from and after its passage. ATTEST: PASSED AND APPROVED, this the 12th day of May, 1964. Mayors Ci'ty of Piainview, Texas City 1Secretary, City of Piainview,Texas (City Seal) APPROVED: CERTIFICATE OF INCLrMBENCY AND INCORPORATION THE STATE OF TEXAS ~ CITY OF PLAINVIEW C 0UNTY OF HAIE I, the undersigned, City Secretary of the City of Plainview, Texas, DO HEREBY CERTIFY as follows: 1. That the names of the officers of said City and the dates of the ending ~of their terms of office, are as follows: NAM~ ~.hrD OFFICE M. B. H00D~ Mayor MAURICE PIAZZA, Alderman KELTZ GARRISON, Alderman jAMES ~Y. DAVENPORT, Alderman GEO. L. TAYLOR, Alderman MEDLIN CARPENTER, Alderman M.L. REA City Secretary,Treasurer W. BOONE HALL,' Tax Assessor-Collector END OF TERM Month Year 2o All of the foregoing officers required to do so have duly filed their oaths of office Md each of them legally required to give bond or undertaking has filed such bond or undertaking in the form Md amount as required by law, and has othe~ise duly qualified and each is the acting officer holding the respective office stated i~ediately followi~ his name. 3. That said City of Plain~iew, Texas, is operati~ under the Home Rule ~endment of the Constitution of the State of Texas, being Section 5 of Article ll, as ~mended in 1912; and that the Charter of said City was adopted at an election held for that pur- pose on ~ril 6, 1920, and that said Charter has never been re- pealed, revoked or amended. WIT~SS MY HAND ~D T~ SE~ OF SAID CITY, this the 12th day.of May, 1964. City Secreta'~,City of Plainview,Texas (City Seal) THE STATE OF TEXAS CITY OF PLAiNVIEW COUNTY OF HALE STATEMENT OF iNDEBTEDNESS the undersigned, City Treasurer of the City<of Plainview, Texas, DO h~REB¥ CERTIFY that the following is a full an correct statement of the outstanding tax-supported indebtedness of said City as of the date hereinbelow shown: Kind of Bonds or Warrants Refunding Refunding Sewer Date Int. Maturity 9-1-26 5-1/2% $15,000 3-1-65 16,000 66 2-1-31 5-1/2% 3,000 2-1-65 3,OOO 70/71 6-1-27 3,000 3-1-65 Amount Outstanding $31,000 9,000 3,000 W&S Imp. Fife'Station 1-15-49 3% 5-10-50 16,000 1-15-65 18~000 66 17,000 67 i9,000 68 12,000 2-10-65 70,000 12,000 W&S~Imp. 5-10-50 City Hall Imp. 5-10-50 4,000 2-10-65 3~000 2-10-65 4,000 3,000 W & S Imp. 8-1-52 17~000 2-1-65 37,000 66 39,000 67 93,000 St.impo 5-15-53 W& S Imp. 5-15-53 St.impo 4-15-55 W& S 4-15,55 GO 6-1-57 3% 3-?/8% 2,000 5-15-64/66 15,000 5-15-67 48,000 68 55,000 69/70 6,ooo 4-15-65 7,ooo 66/67 10,O00 68/69 10,O00 4-15-65 io,ooo 66/68 15,000 69 20,000 3-1-65/67 25,ooo 68 65,000 69 95~000 70 130,000 71 6,000 173,00' 40,000 55,000 375,000 Refunding 9,1-58 204000 3-1-65 25,000 66 30,000 67/68 105,000 Kind of Bonds or Warrants Date Int. Airport WtSo 12-15-58 GO. Series 8-1-59 4% 1959 Airport'Con- trol Tower WtSo 11-1-59 Maturity $3,500 1R-15-64 Amount Outstanding $3,500 10,000 2-1-65 t5,ooo 66/70 35,ooo 71 3-1/4% 115,000 72/73 350,000 4% 2,500 12-15-64 2,500 GenoObl. 1-15-63 3.40% Series 1963 5,000 i-15-66/70 15,000 71 25,000 7~/73 120,000 74 125,000 75 130,000 76 135,000 77 600,000' Park 1-15-63 3.40% 5,000 1-15-65/73 Series 1963 2-3/4% 25,000 74 2.8o% 25,o00 75 2°85% 25,000 76 2.90% 25,000 77- 145,ooo TOTAL TAX SUPPORTED iNDEBTEDNESS ........ $2,080,000.00 Sinking funds 'on hand to credit of above debt .... ~z ~F~~?& WITNESS MY OFFICIAL SIGNATURE AND SEAL OF THE CITY OF PLA!NVIEW, TEXAS, this the 12th day of May, 1964. City Treasurer, City of Ptainview,Texas (City Seal)'~ STATEMENT OF TAXABLE VALUES THE STA~ OF TEXAS CITY OF PLAiNV~ C 0b~TY OF HATtE I, the undersigned, Assessor and Collector of Taxes of the City of Plainview, Texas, D0h~EREBY CERTIFY that the assessed value of property for the purposes of taxation in said City of Plainview, as shown by the tax rolls of said City for the year 1963, which have been duly approved~ and which is the latest official assessment of said City, is as follows: TOTAL REAL AND PERSONAL PROPERTY-- $32,819,160 WITNESS MY HAND AND THE SEAL OF THE- CITY OF PLAINViE~, TEXAS, this the 12th day of May, 1964o Assessor and Collector of Taxes City of P!ainview, Texas (City Seal) ORDINANCE NO. 64-817 AN ORDINANCE CLOSING ~WASHINGTON STREET~ WHICH ~0ULD LIE BETWEEN 26TH STREET AND 28TH STREET, THE SOUTH AND NORTH BOUNDARIES RESPECTIVELY, AND BETWEEN JOLIET AND HOUSTON STREET AND LYING IN WHAT IS NOW DESIGNATED AS SHEPARD AND COUCH SUBDIVISION, A SUBDIVISION OF LOTS 6, ?, 8 AND A PORTION OF LOT 5, BLOCK 4, ALAB~[A ADDITION TO PLAINVIEW~, TEXAS AND DE~L~RING THE CLOSING OF SAID STREET TO BE IN THE PUBLIC INTEREST: WHEREAS, on April 20, 1909, a dedication deed was executed by F. C. Bianum to the City of ?lainview in connection with a subdivision know~ as the West ½ of Lot 5, Block 4, Alabama Addition to the town of Plainview and in said dedication deed certain lots were designated and a street entitled~W~ashington Street. was dedicated to the town of Plain- view, Hale County, Texas for the use of the public for foot travel, and for wagon, buggy or other vehicle transportation, which dedication deed is recorded in Volume 2~, Page 29 of the Deed Records of Hale County, Texas; and ~EREAS, that said ~Washington Street~ was never opened and used by the public in general ~n accordance with the dedication deed referred to herein; and %~EREAS, the plat of the Shepard and Couch Subdivision, a sub- division of Lots 6, 7, 8 and a portion of Lot 5, Alabama Addition to the City of Plainview, Texas has been approved by the City Planning Commission of the City-of Plainview, Texas and filed of record in Volume ~396, Page 545, Deed Records of Hale County, Texas, which plat encompasses the old sub-division designated as the West one-half of Lot 5, Block 4, Alabama Addition to the town of Plainview, Texas and that said streets have in actuality been rearranged; and ~EREAS, J. W~. Couch and wife Jewell, and J. C. Titus and wife Effie and Parker and Douglas Construction, a general partnership composed of J. T. Parker and Clyde Douglas are the owners of all of the land on both sides of "Washington Street"; and W~EREAS, that it would be to the best interest of the public in general for said Washington Street to be closed since said street has never been opened and used by the public and said closing will relieve the public from the charge of the maintenance of said street and further that the layout of the streets as dedicated in the Shepard and Couch Subdivision are more practical and useful ~and, therefore, more beneficial to the public in general than Washington Street as it was d~dicated; NOW THEREFORE, TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE~[, Section 1: That Washington Street in the City of Plainview between the--~ne of 26th Street and the North line of 28th Street and between Joliet and Houston Street, be, and the same is, hereby closed. Section 2: That the said Washington Street as referred to in Section i o~this Ordinance shall no longer be used as a public thorough- ~re and open street, and shall no longer be used or designated as a street and the owners of the property contiEuous to said street may take possession o.f and m~y make use of same in accordance with the laws of the State of TexaS. Passed, Approved and Adopted this the 18th day of May, 1964. ATTEST: M. B. Hood. M. B. Hood, ~yor City of Plainview, Texas M. L. Rea M. L. Rea, City Clerk~ City of Plainview, TexaS STATE OF TEXAS COUNTY OF HALE I, M. L. REA, City Clerk of the City of Plainview, do hereby cer- tify that the above and foregoing is a true and correct copy of Ordinance No. 64-817 , adopted and passed by the City Council of the City of Plain- view, TeX~S at a regular meeting on May. 18t_~ 1964, by unanimous vote of all members present, to certify which witness my hand and seal of office this the ~9t~ day of May, A.D. 1964. M. L. Rea M.~"L. Rea, City Clerk City of Plainview, Texas STATE OF TEXAS COUNTY OF HALE ~ BEFORE ~, the ,madersigned authority, on this day personally appeared M. L. REA, 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 ~ HAND AND SEAL OF OFFICE, this the 19 . day of May, 1964. IRiS LOVELL N~tary P6blic, Hale County, Texas ORDINANCE NO. 64-818 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THECITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO: AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXA~ TION PROCEEDINGS BY ~qE CITY OF PLAINVIEV~ HAS BEEN GIVEN AND THAT SUCH PUB- LIC HEARING HAS BEEN DULY HELDz AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW: AND ~&&KING SAID A~EA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. ~ W~EREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, by Charles W. Vanderpoel and wife, Ava Lee Vanderpoel, owners of the hereinafter described land, 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 in the South part of the Southwest One-Fourth of Section No. 38, Block JK-2, in Hale County, Texas, described as: BEGINNING a~ a 5/8 inch rod in the South line of said Section 38, Block JK-2, said point being 1155 feet East of its Southwest cor- ner and in the projection of the centerline of Oakland Street in Lakeside and Highland Additions to the Town of Plainview, Texas; THENCE North 464.64 feet to 5/8 inch rod; THENCE East 164 feet to ~/4 inch galvanized pipe; THENCE South 464.64 feet to the South line of said Section 38, a 5/8 inch ro~; THENCE West 164 feet to the Place of Beginning, together with all improvements thereon; and ~EREAS, prior to the institution of said annexation proceedings and oursuant to said petition, notice of a public hearing to be held pertaining ~o the institution of said annexation proceedings by the City of Plainview was duly given, by publishing same in the Plain¥iew Daily Herald in accor- dance with the requirements of the statutes of the State of Texas, and said public hearing was duly held; 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, A:FFIDAVIT OF PUBLISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ........... .,4T..~..e~..3.....0..~.]_.~ ....... k~own LO me to be the publisher of the Plainvlew Herald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper 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 copy of the attached was p~blished in the Plainview Daily Herald in its issues of ... and the attached clipping is a true. copy of P1ainview, Texas .... 1~. Swo~ ~o and subscribed before me, ~s ........... ?~.~... ~y o~ ... ~aX ........... ~. D., ~...&&. : ~ Publie, ~ale ~ty, T~as ~ra~ie Publisher's F~ $ 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 foll~cribed tract of land to-wit: Being in the South part of the Southwest One-Fourth of Section No. 38, Block JK-2, in Hale County, Texas, described as: BEGINNING at a 5/8 inch rOd in the South line of said Section 38, Block JK-2, said point being 1155 feet East of its Southwest cor- ner and in the p o0ectlon of the centerline of Oakland Street in Lake side and Highland Additions to the Town of Plainview, Texas; THENCE North 464.64 feet to 5/8 inch rod; ~ THENCE East 164 feet to ~/4 inch g lvanlzed pipe; THENCE South 464.64 feet to the South line of said S~ction 38, a 5/8.inch rod: ~THENCEWest 16~ feet to the Place of Beginning, together with all improvements thereon; 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 the owners of said tract of land'"'~ave petiTtioned the City of Plainview to annex said area and to make the same~subject to the jurisdiction of the City of Plainview, Texas. SECTION 3~ It is found and determined that notice of a public hearings to be~h~l~rtaining to the institution of annexation proceedings by the 'City of Plainview for the purpose of annexing said area to the City of Plainviewihas been duly given in accordance with~the statutes of the State of Texas, and that said public hearing has been duly held. SECTION ~: It is found and determined and ordered by the City Co~ucil of tR~ ciiby of Plainview, Texas, that said petition in all ~hings be granted and that the above-described area be and the same is in all respects annexed to, and made a part of, the City of Plainview, Texas. SECTION ~: It is further determined and ordered by the City Council of t~e~ City of Plainview that the above-described area from and after the date of this ordinance be. subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED, this 18th day of Nay ~A.D.~ 1964. M. B. Hood M. B. HOOD, MAYOR, City of Plainvigq ATTEST: M. L. Rea M. L. REA, 'City Clerk- ORDINANCE NO... 64-819 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY L~IiTS OF THE CITY OF PLAINVIE~, TEXAS, AN AREA ADJACENT THERETO: 'AND FINDING AND DETERMINING THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD: AND ANNEXING SAiD AREA TO THE CITYOF PLAINVIEW: AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS: BEGINNING at the S. E. corner of Brock Subdivision of Block 38 and part of Block 37, West BosWell Heights Addition to the Town of Plainview, Hale County, Texas; THENCE South along the east line of said Block 37, West Boswell Heights Addition, and along the east line of Block 89, College Hill Addition, Plainview, Texas, a distance of 1,082.06 feet to the S. E. corner of Kid Block 89¥~!~, ~Lo ~ feet alon~ the south line of said Block 89 to a point THENCE ~o~ .~-~ o ' as' in the east~line of Section 28, Block JK-2, Hale County, Tex , THENCE S. 0~ 02' 30" ~. 520.1 feet along the east line of said Section 28 to a point; o THENCE N. 70 0~' W. 666.68 feet along the north line of a dedicated alley to the S. E. corner of Wilcox Addition, Unit No. 1, to the City of Plain- view, Texas;8 ~HENCE N. 19 548 E. 205 feet along the east line of said Wilcox Addition to the beginning of a curve; THENCE Northeasterly 102.3 feet along a ~urve to the left with a radius of 295.16 fset and a central'angle of 19~ 51.5' to a'point of tangency; THENCE N. 0 02' 30" E. 830.O2..£eet to the N. E. corner of said Wilcox Addition and the S. E. ~orner of Brock Addition, Unit No. 5, Plainview, Texas; THENCE North 43.1 feet along the east line of said Brodk Addition, Unit No. 5, to the beginning of a curve; THENCE Northwesterly 216.1 feet alongoa curve to the left with a radius of 275 feet~and a central angle' of.-45 01.8 to a point of reverse curve i in the east~tine of said Brock Addition, Unit No. 5; THENCE Northwesterly 157.2 feet alongoa curve to the right with a r~dius of 200 feet and a central angle of 45 01.8' to a point of tangency, _ THENCE No~5 feet to the N, E. corner of said Brock Addition, Unit No. 5, and a point in the south line of Brock Addition, Unit No. 2' THENCE' East 195.7 feet along the south line of said Brock Addmtion, Unit No. 2, to the beginning of a curve; T~ENCE Northwesterly 68.7 feet aloRg a curve to the left with a radius of i75 feet and a central angle of 22~ 30' to a point THENCE N. 67° 30' El. 25.2 feet along the south line Addition, Unit No. 2, to the beginning of a curve; THENCE Northeasterly 204.2 feet along a curve to the right with a radius of 520 feet and a central angle of 22° 30' to a point of tang~ THENCE East 499.9 feet along the south line of Brock Addition 1 and ~he south line of said Brock Subdivision to a point; and 2, THENCE 8.37 ll' 24" E. 256.7 feet to a Point; THENCE East 282.4 feet along the south line of said Brock Subdivision to the Place of Beginning. and WHEREAS, prior to the institution of said annexation proceedings, notice of a public hearing to be held pertaining to the institution of said proceedings by the City of Plainview was duly given, by publishing same in the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and said public hearing was duly held; and; WHEREAS, the City Council find that all of said area is contiguou~ to the present City Limits of the City of Plainview, and that it is de- sirable, expedient and for the best interests for the residents of said area and for the City 8f Mlainview that said area be annexed to the City of Plainview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~Y, TEXAS: SECTION 1: It is found and determined by the City Council that the folloW~ibed tract of land, to wit: BEGINNING at the S. E. corner of Brock Subdivision of Block 38 and part of Block 37, West Boswell Heights Addition to the Town of Plain- view, Hale County, Texas; THENCE South along the east line of said Block 37, West Boswell Heights Addition, and along the east line of Block 89, College Hill Addition, p Plainview, Texas, a distance of 1,082.06 feet to the S. E.' corner of said Block 89; THENCE West 7~2.5 feet along the south line of said Block 89 to a point in t~8 east line of Section 28, Block JK-2, Hale County, Texas; THENCE S. 02' 30" W. 5~0.1 feet along the east line of saxd Section 28 to a point; THENCE N. 70° 06' W. 666.68 feet along the north line of a dedicated A~FIDAVIT OF PUBiLISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ......... ~- -~,..~w~,~. ........ known to 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 of more than one year; who on oath deposes and says that a cc~py of the attached was published in the Plainview Daily Herald in and the attached clipping is a true copy of sai~ publication. Plalnview, Texas ..... .tv~.a~. ~J ..... 10. ~ Sworn to ~d subscribed before me, this .......... 9~.b .... day of . .~..~X ........... ..... ~blish~'s Fee $~ ............... alley to the S. E. Corner of ~ilcox Addition, Unit No. l, to the City of Plainviewe Texas; THENCE N. 19 54' E. 205 feet along the east line of said Wilcox Addi- tion to the beginning of a curve; THENCE Ngrtheasterly 102.3 feet along a ~urve to the l~ft with a radius of 295.16 f~et and a central anEle o~ 19 51.5' to a poi~tof tan~nc~; TH~CE N. 0v 02' 30" E. 830.02 feet to the N. E. corner of said Wilcox Addition and the ~. E. corner of B~ock Addition, Unit No. 5, Plainview, Texas; THENCE North 4~ol feet along the east line of said Brock Addition, Unit No. 5, to the beginning of a curve; THENCE Northwesterly 216ol feet alongoa curve to the left wit~ a radius feet and a central an~le of 01.8 to a ooint of reverse curve in the east line o~ said Bro~k Addi on, U~it No.~5; THENCE Northwesterly 157.2 feet alongoa curve to the right with a radius of 200 ~ee~_a~ ~ centra~angle_of 45 01.8' to'a point of tangency~ THENCE ~or~n ±~ ~eet to ~ne N. E. corner of said Brock Addition, Unit No. 5, and a point in the south line of Brock Addition, Unit No. 2; THENCE East 195.7 feet along the south line of said Brock Addition, Unit No. 2, to the beginning of a curve; THENCE Northeasterly 68.7 feet along a curve to th? left with a radius of 175 feet ~nd a central angle of 22° 30' to a point of tangency; THENCE N. 67~ 30' E. 25.2 feet along the south line of said Brock Addition, Unit No. 2, to the beginning of a curve; THENCE Northeasterly 20~.2 feet along a curve to the right with a radius of 520 feet and a central angle of 22° 30' to a point of tan~enc~- THENCE East 499.9 feet along the south line of Brock Addition, Un~ts Nos. i and~2, and the south line of said Brock Subdivision to a point; THET~CE S. 370 ll' 24" E. 256.7 feet to a point; THENCE East 282.~ feet along the south line of said BrOck Subdivision to the Place of Beginning. is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that before the institution of said annexation proceedings, the governing body of the City of Plainview provided an opportunity for all persons to be heard at a public hearing, which said public hearing was held not more than twenty days and not less than ten days prior to the insitution of said proceedings, that notice of said hearing was duly published in a newspaper having general circulation in the City of Plainview and in the territory proposed to be annexed, that said notice was published once in the Plainview Daily Herald on the 7th day of May, A. D. 1964, the same being not more than twenty days nor less than ten days prior to said hearing, that said hearing was duly held by the City Council of the City of Plainview, at which hearing all interested persons were given an opportunity to be heard, and that all notices, hear- · ngs &nd proceedings pursuant to the annexation of said territory and area to the City Limits of the City of Plainview have been complied with. SECTION 3: It is, therefore, ordained by the City Council of the City of Plainview, Texas, that the above-described area be and the same is in all respects annexed %o, and made a part of, the City of Plainview, Texas. SECTION 4:~ It is further determined and ordered by the City Council of t~e City of ?lainview that the above-dwscribed area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED this 18th day of ~ay A. D. 1964. ' ' M. B. Hood M. B. HOOD, Mayor, City of Plain~-~e~ ATTEST: M. L. Rea M. L. REA, City Clerk ORDINANCE NO~ 64-820 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE'CITY LIMITS. OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO AND FI~DINGrAND DETERMINING THAT PETITIONS'HAVE BEEN DULY SIGNED, AND THAT A MAJORITY OF THE RESIDENT, QUALIFIED TAXPAYING VOTERS %~THIN SUCH AREA HAVE FILED ~fITH THE CITY CLERK SUCH PETITION R=QUEmTING SUCH ANNEXATION AND 5~KING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIE~J, TEXAS. WHEREAS, a petition has been signed and filed with the Clerk of the ~ity 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 Ptainview, Texas, to-wit: A tract of land out of Section 35, Block JK-2, Hale County, Texas, described as follows~ BEGINNING at a point in the South line of Section 35, Block JKr2, Hale County. Texas. and 2,231.6 feet East of its S. W. corner; THENCE N. 0° 02' 10" ~W. ~?0.15 feet along the East line of Block l, Edgemere Heights Addition, Plainview, Texas to the beginning of a curve; THENCE Northwesterly 170.42 feet along a curve to the left with a radius of 240.44 feet and a central angle of 40° 36' 38~ to a point of reverse curve in the East line~of said Block l, Edgemere Heights Addition; THENCE Northwesterly 237.75 feet along a curve to the right with a radius of 335.44 feet and a central angle of 40° 36' 38~ to a point of tangency in the East line of said Block l, Edgemere Heights Addition; THENCE N. 0° 02' l0w W. 28~.45 feet along the East line of Lot 5, Block 2, aaid Edgemere Heights Addition to the beginning of a curve; THENCE Northeasterly 226.97 feet along a curve to the right with a radius of 291.61 feet and a central angle of 44° ~6' lO~, along the East line of said Lot 5 to its N. E. corner; THENCE N. 44° 34' E, 60.9 feet along the S. E. line of Lot 6, Block 2, said Edgemere Heights Addition to a point; THENCE S. 45° 26' E. 75 feet to the S. W. corner of Lot 2, Block 3, said Edgemere Heights Addition; THENCE N. 89° 58~ 20" E. 367.22 feet to the S. E. corner of said Lot 2; THENCE S. O~ 02' lC" E. 404.24 feet along the East line of said Edgemere Heights Addition to a point; THENCE N. 89o 59' 50~ ~. 537.5 feet along a line 15 feet South from and parallel to the South line of Lot l, Block 3, said Edgemere Heights Addition, to a point; THENCE S. 0° 02' lO~ E. 75 feet to the beginning of a curve; THENCE Southeawterly 230.66 feet along a curve to left with a radius of 325.44 feet and a central angle of 40° 36' 3~~ to a point of reverse curve; THENCE Southeasterly 177.5 feet along a curve to the right with a radius of 250.44 ~eet and a central angle of 40° 36'~38~ to a point of tangency; THENCE S. 0° 02' l0w E. 370~15 feet to a point in the South line of said Section 35; !THENCE N. 89° 59' 50w ~. l0 feet to the place of beginning; and WHEREAS, the City Council upon a consideration of said petition, has f~U~and determined that a majority of the resident qualified ta~paying voters residing in said area have signed said petition; and WHEREAS, 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 I~EREAS,.the Uity 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 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 Section 35, Block JK-2, Hale County, Texas, described as follows'. .~F~FIDAVIT OF: PUBLISHER THE STATE OF TEXAS, Cour~ty of Hale. Before me, the undersigned authority, on this day personally appeared ..... ~I~Oa. P~. Cls~ld ............ known to me to be the publisher of the Plainview Herald, a newspaper of general circulation pubI~ed in Plalnview, 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 copy of the attached was published in the ?lainview Dally Herald in its issues o~ ..... ~ .22,'~ 196/~ ......... and the attached clipping is a true copy of said publication. .. - Publisher, ~worn to and subscribed before me, this BEGINNING at a point in the S6uth line of Section 35, Block JK-2, Hale County~ Texas, and 2,231.6 feet East of its S. W. corner; THENCE N. 0v 02' 10" ~. 370.15 feet along the East line of Block l, Edgemere Heights Addition, Plainview, Texas to the beginning of a curve; THENCE Northwesterly 170.42 feet along a curve to the left '0 with a radius of 2~ .44 feet and a central angle of 40© 36' 38" to a point of reverse curve in the East line of Said Block l, Edgemere Heighhs Addition; THENCE Northwesterly 237.75 feet along a curve to the right with a radius of 335.44 feet and a central angle of 40© 36' 38W~to a point of tangency in the East line of said Block l, Edgemere Heights Addition; THENCE N. 0© 02' 10" W. 283.45 feet along the East line of Lot 5, Block 2, s~id Edgemere Hei6hts Addition to the beginning of a curve; THENCE Northeasterly 226.97 feet along a curve to the right with a radius of 291.61 feet and a central angle of 44© 36' l0w, along the East line of said Lot 5 to its N. E. corner; THENCE N. 44© 34' E. 60.9 feet along the S. E. line of Lot 6, Block 2; said Edgemere Heights Addition to a point; THENCE S. 45© 26' E. 75 feet to the S. W. corner of Lot 2, Block 3, said Edgemere Heights ~d~ition; THENCE N. 89© 58' 20~ E. 367.22 feet to the S.E. corner of said Lot 2; THENCE S. 0© 02' lO" E. 404.24 feet along the East line of said Edgemere Heights Addition to a point; THENCE N. 89© 59' 50" W~ 537.5 feet along a lineal5 feet South from and parallel to the South line of Lot l, Block 3, said Edgemere Heights Addition, to a point; THENCE S. 0o 02' l0w E. 75 feet to the beginning of a curve; THENCE Southeasterly 230.66~feet along a curve to left with a radius of 325.44 feet a central angle of 40© 36' 38~ to a point of reverse curve; THENCE Southeasterly 177.5 feet along a curve to the right with a radius of 250.44 feet and a central angle of 40o 36' 38" to a point of tangency; THENCE S. 0© 02''10"~ E. 370.1~ feet to a point in the South line of said Section 35; THENCE N. 89© beolnn!ng, 59' 50'~ W. 10 feet to the place of ~' ' · and all of which land lying and being situated in Hale County, Texas and. i~ 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 p~tition on file with the City Clerk, petitioning the City Council to a(t~it, incorporate and annex the above described area into the corporate limits of the ~_ty of Plainview, TexaS, and that said, petition is in all reapects 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 Ptainview, 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 effective date of the ordinance be subject to the contrel 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 1 day of.. June , 1964. ATTEST: M. B. Hood M. B. HOOD, Mayor, Cityof Plainview M. L. Rea M. L..REA, City Clerk City of Plainview, Texas ORDINANCE NO. 64-821 AN ORDINANCE ANNEXING AND INCORPORATING I~TO THE CITY LIMITS' OF THE CITY OF PLAtNVIEW, TEXAS, AN AREA ADJACENT THERETO:~ AND FINDING AND DET~MINING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LAND O~ERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE iNSTITUTION OF SUCH ANN~A~ TION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUB- LIC HEARING HAS BEEN DULY HELD: AND ANNEXING SAID AREA TO THE CITY OF PLAIN¥IE~: AND MAKING SAID AREA SUBJECT TO THEJURI~DICTION~ OF THE CITY OF PLAINVIEW, TEXAS. ~HEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, by Sun Vue Inc., a corporation owner of the hereinafter described land together with a majority of the residents of said area, P~titioning 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 Commencing at a point in'the South line of S~ction ~5, Block JK-2, Hale Count~, Texas, and 2640.5 feet East of its S. W. corner; THENCE N 0 02' l0w ~. 1,224.24 feet to the S. E. corner of the Lot 2, Block 3, Edgemere Heights Addition, Plainview, Texas, for the Place of Beginning Of this tract; THENCE S. 89° 58' 20" ~, 367~22 feet to 6h~ S. W. corner of said Lot 2; THENCE N. 45° 26' W. 75 feet to a point in the S. E. line of Lot 6, Block 2, said~Edgemere Heights Addition; THENCE S. 44° 34' k~. 60.9 feet to the N. E. corner of Lot 5 of said Blosk~26 Edgemere'Heights Addition; THENCE N. 45 26' W. 175 feet along the N. E. line of said Lot 5 to a point; THENCE N. ~9o 17' Wj 21.63 feet to a point; TH~CE~S~ 46° 52' W. 188.02 feet along the N. W. line of said Lot~5 to a'point; THENCE N. 43° 08' ~g. 222.35 feet along the S. W. line of said L~t 6, Block 2, Edgemere Heights Addition to its S. W. corner; THENCE N. 46° 52' 20'~wE. 625.2 feet along the N. W. line of said Lot 6 to its N. W. corner; THENCE S. 45° 26' E. 622.2 feet along the S. W. right of way line of State Highway No. 194 to the N. E. corner of said Lot 2, Block ~6 Edgemere Heights Addition; THENCE South .6 feet along the East line of said Lot 2 t~ a s~vey reference monument; THENCE S~ 0o 02' 10" E. 95.66 feet to the Place of Beginning; W~EREAS, prior to the institution of said annexation proceedings and ipursua~t to said petition, notice of a public hearing to be held pertain- ling to the institution of said annexation proceedings by the City of Plainview was duly given, by publishing s~me in the Plainview Daily Herald lin accordance with the requrements of the statutes of the State of Texas, ~nd said public hearing was duly held; and WHEREAS, the City Council finds that all of said are~ is contiguous ~0o the present City Limits of the City of Plainview, and that it is de- sirable, e~pedient 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 follow--bed tract of land to-wit: Commencing at a point in the South line of Section ~5, Block JK-2, Hale County, Texas, and 2640.4 feet East of its S. W. corner:~ '~ R 0O TH~NC~ N. 02~ 10" ~. 1,224.24 feet to the S. E. corner of the Lot 2, Block 3, Edgemere Heights Addition, Plainview, Texas, for the Place of Beginning of this tract; THENCE S. 89° 58' 20" W. 367.22 feet to the S. Wm. corner of said Lot 2; THENCE N. 45° 26' W. 75 feet to a point in the S. E. line of Lot 6, Block 2, said Edgemere Heights Addition; AFFIDAVIT OF ~PUBLISHER THE STATE OF TEXAS, Coun~ of Hale. Before me, the undersigned authority, on this day personally appeared .... ~.....~..~..e.s.. ~:..o..s~.a~. ........ ~o~ Lo me to be the publisher of the Plainview Herald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper 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 cop.y o£ the attached was published in the Plainview Daily Herald in its issues of ....... and the attached clipping is a true copy of said~l~ublication. Plainview, Texas .... .~/~Z .~.~ ...... 19 .... Sworn to and subscribed before me, thi's · ..~J~h ........... day of .Jun6 ............ Frankie $. Watson Publisher's Fee $.. ~['7"/~'~" · THENCE S. 44° 34' W. 60.9 feet to theN. E. corner of Lot 5 of dgemere Heights Addition; said Block 24 E ~ ' THENCE N. 45 26, W, 175 feet along the N. E. line of said Lot 5 to a point; THENC~ N._ 89° 17' W. 21.63 feet to a point; THENCE S. 46° 52' W. 188.02 feet along the N. W. line of ~id Lot 5 to a point; o THENCE N. ~3 08' W. 222.35 feet along the S. W. line of said Lot 6, Block 2, Edgemere Heights Addition to its S. O. corner; THENCE N. 46° 52' 20~ E. 625.2 feet along the N. W. line of said Lot~6 to its N. W. corner; THENCE Su 45° 26' E. 622.2 feet along the S. W. right of way line of State Highway No. 194 to the N. E. corner of said Lot 2, Block 3, Edgemere Heights Addition; THENCE South 60.6 feet along the East line of said Lot 2 to a survey reference monument; THENCE S,~ 0° 02' lO~ E. 95.66 feet to the Place of Beginning; all of which land lying and being situated in Hale County~ Texas, is contiguous to the City Limits of the City of Plainview, T~xas. SECTION 2~ It is found and determined that the owners of said tract of la~d have ~titioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. ~ECTION~:~ It is found and determined that~notice of a public hear- ing to be hel~ pertaining to the institution~of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is found and determined and ordered by the City Council of th~--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 annexed vo, and made a part of, the City of Plainview, Texas. ~'~-~u~ ~. It is furthe~ determined and ordered by the City Council of th~ City of~Ptainview that the above-described area from and after the date of this ordinance be subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED, this __lSth A.D., 1964. day of June M. B. Hood M. B.' HOOD, M~yor, C[t~ of Ptai_~view ATTEST: M. L. Rea ~. ~. ~-~-E~-, Cit~ Clerk O~DiNANCE NO. 64-822 AN ORDINANCE Ak~EXING 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 BY THE LAND O~RS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HE~ING HAS'BEEN DULY HELD: AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW:~ AND M~KING 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, by R. N. Payne and wife, ~rtha Payne, owners of the majority of the hereinafter described land, petitioning the the City Council of the City of Plainview to annex and admit the follow, lng described area and territory into the City of Plainview, Texas, to-wit:~ TRACT NO. i: ~~ING at a point in the East~line of Section 27, Block JK-2, Hale County, Texas, and 424.26 feet South of its N.E. corner, said point being the N.E. corner of the C. B. Jones Addition, Unit No. l, Plainview, Texas; THENCE South 576.04 feet along the East line of said Section 27 to a point in the North line of Edgemere Additon, Unit No. 3, Plain- view, Texas; THENCE West 45 feet to the N.W. corner of said Edgemere Addi- tion, Unit No. 3; THENCE South 150 feet along the W~est line of said Edgemere Addition, Un~ No. 3, to a point; THENCE West 155 feet along the North line of a dedicated street to a point; THENCE South 829..7 feet along the ~Yest line of a dedicated alley toga point in the center line of 18th gtreet; THENCE~East 155 feet to a point in the West line of Terry Addition, Unit No.~2, to the City of Plainview, Texas; THENCE South 602.8 feet to a point in the North line of Brock Addition, Unit No. 2; TH~CE ~est 660 feet along the North line of said Brock Addition, Unit No. ~g to a point; THENCE North 6~.8 feet along the West line of a gchool tract to a point in the South line of said C. B. Jones Addition, Juni Unit No. l; THENCE West 3~1.6~ feet to a point in the N.W. line of a dedicated street; THENCE North 45° 00' East 71.67 feet to a point in the S.W~ line of said C. B. Jones Addition, Unit No. l; THENCE North 45°Q0' West 140 feet to the West corner of said C. B. Jones Addition, Unit No. l; THENCE North 45° 00' East 1,250.64 feet along the N. ~ line of said C. B. Jones Addition, Unit No. l, to a point; THENCE North 22° 30~ East 27.72 feet to a point; THENCE North 296.13 feet along the West line of said C. B. Jones Addition, Unit No. l, to a point in the S. E. right-of-way line for U.S.~Highway 87, Loop 274; THENCE North 45° 00' East 282.84 feet along said right-of-way to the Place of Beginning; TRACT NO. II~ BEGINNING at a point 2,637.46 feet North and 1,260 feet WeSt of the Southeast corner of Section 27, Block JK-2, Hale County, Texas; THENCE West 33.56 feet to the beginning of a curve; THENCE Northwesterly 191.9 feet along a curve to the right with a radius of 325 feet, a central angle of 33° 50.12' and whose ~hor~ chord is 189.15 feet ~ong and bears North~73° 04.94' West to a point of tangency; THENCE North 56° 09.88' West 74.7 feet to a point on a curve; THENCE Northeasterly 446.~ feet along a curve to the right with a radius of 2,354.93 feet, a central angle of lO° 51.61' and whose chord is 445.69 feet long and bears North 38° 21.2' East to a point; THENCE South 446.2 feet to the place of beginning, and WHEREAS~ there is no one residing upon said land; and WHE~AS, Prior to the institution of said annexation pro- ceedingsand pursuant to said Petition, Notice of Public Hearing to be held pertaining to bhe institution of said annexation pro- ceedings by the City of Plainview was duly given by publishing. same in the Plainview Daily Herald in accordance with the requmre- ments of the Statutes of the State of Texas and said public hearing was duly held; 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 owners 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, Tgxas: A:FFIDAVIT OF PUBLISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ........ J.~ {~..]~.. 0.~]~ .......... known ko me to be the publisher of the Plainview ~Ierald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper has been continuously and regu- tarly published in said County for a period of more than one year; who on oath deposes and says that a copy of the attached was published in the Plainview Daily Herald in its issues of ........ J..l~q..e.. ~ ,..~.9~J~ ....... and the attached clipping is a true copy of said/~,blication. Publisher,' Plainview, Texas ....... ~..I'1.~, ~. ....19...~.~ ~worn to and subscribed beforeme, this ....Sth .......... day of .. oJ~ .......... SECTION 1~ It is found and determined by the City Court, il that the followmno described tract of land, to-wit~ TRACT NO. I: BEgiNNINg. at a point in the East line of Section 27, Block JK-2, Hale County, Texas, and 424.26 feet S6uth of its N. E. corner, said point being the N. E. corner of the C. B. Jones Addition, Unit No. l, Plainview, Texas; THENCE South 576.04 feet along the East line of said Section 27 to a point in the North line of Edgemere Addition, Unit No, 3, ~Plainview, Texas; THENCE West 45 feet to the N. W. Corner of said Edgemere Additio~, Unit No. 3; THENCE South 150 feet along the West line of said Edgemere Addi- tion, Unit No. 3, to a point; THENCE ~est 155 fe~t along the North line of a dedicated street to a point; THENCE South 829.7 feet along the ~est line of a dedicated alley to a point in the center line of 18th Street; THENCE East 155 feet to a point in the West line of Terry Addi- tion, Unit No~ 2,.to the City of Plainview, Texas; THENCE South 602.8 feet to a point in the North line of Brock Addition, Unit No. 2; THENCE West 660 feet along the North line of said Brock Addition, Unit No. 2, to a ~oint; THENCE North 602.8 fee~ along the West line of a school tract to a point in the South line of said C. B. Jones Addition, Unit No. l; THENCE West 341.63 feet to a point in the N. W. line of a dedi- cated street; THENCE North 45° 00' East 71.67 feet to a point in the S. W. lin~ of said C. B. Jones Addition, Unit No. l; THENCE North 45° 00' West 140 feet to the ~est corner of said C. B. Jones Addition; Unit No. l~ THENCE North 45° 00' East 1,250.6~ feet along the N. W. line of said C. B. Jones Addition, Unit No. l, to a point; THENCE North 22° 30' East 27.72 feet to a point; THENCE North 296.13 feet along the West line of said C. B. Jones Addition, Unit No. l, to a point in the S. E. ~ight-of-way line U. S. Highway 8~, Loop 274; THENCE North 45~ 00' East 282.84 feet along said right-of-way to the Place of Beginning; TRACT NO. II: BEGINNING at a point 2.637.46 feet North and 1,260 feet West of the ~outheast Corner of Section 27, Block JK-2, Hale County, THENCE ~est 33.56 feet to the beginning of a curve; THENCE Northwesterly 191.9 feet along a curve to the right with a radius of 325 feet, a central angle of 33° 50.12' and whose ch-~r~ is 189.15 feet long and bears North 73° 04.94' ~est to a point tangency; THENCE North 56° 09.88' West 74.7 feet to a point on a curve; THENCE Northeasterly 446.4 feet along a curve to the right with a radius of 2,354.93 feet, a central angle of i0° 51.61' and whose chord is 445.69 feet long and bears North 38~ 21.2' East to a point; THENCE South 446.2 feet to the Place of Beginning; all of which land lying and being situated in Hale county~ Texas is contiguous to the City Limits of the City of Plainview, T~xas. SECTION 2:· It is ound and determined that the owners of the majority o~d tract of land have petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas, and that no one is residing within said area. SECTION 3: It is found and determined that notice of a public hearing t~'be held pertaining to the institution of annexation pro- ceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given mn accordance with the Statutes of the State of Texas, and that said public hearing has been duly held. SEOTION ~z It is found and determined'and orde~ed~bYthe .City CoUncil of the City of Plainview,' Texas that said Petition zn all things be granted and that the above described area-be and the same is in all respects annexed to, and made a part of, the City of Plainview, Texas. SECTION 5: It is further determined and ordered by the City Council of{h~-City af Plainview that the above described area from and after the date of this ordinance be subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED, AND ADOPTFJO, this 15th _ day of A. D. 1964. June M. B. Hood M.~B, HOOD,'Mayor; City of Plainview, Texas ATTEST: M. L. Rea City'Clerk ORDINANCE NO. 64,823 AN ORDINANCE ANNEXING~ ~[D INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, ~mv~e ~, AN AREA ADJACENT THERETO Ah~ FINDING AND DETER~MINING THAT PETITION'S HAVE BEEN DULY StoNeD, AND THAT A M~JOR~ ITY OF THE RESIDmNT, QUALIFIED TAXPAYING VOT=RS !~THIN SUCH AREA HAVE FILED ~'~TH THE CITY CLERK SUCH P~T~TION :~ ~,~u~o.i~ SUCH ANNEXA~ 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 Clark of the City-of Plainview~ Texas, petitioning the City Council o~.the City of Plainview, to annex and admit the following described area and territory into the City of Plainview, Texas, to-wit: BEGINNING at the S. ~. Corner of BrOck Addition, Unit No- Plainview, Texas, which point is 387.46 feet North and 112 feet West of the S. E. Corner of Section 27, Block JK-2, Hale County, Texas; THENCE South 42.38 feet along the West line of Brock Addition, Unit No.~5, Plainview, Texas to a point; T~ENCE S. 26° 08' E. 320.55 feet along the W%st line of said Brock Addition, Unit No. 5, toa point; THENCE South 92.42 feet along the West line of said Brock Addition, Unit No. 5, to a point; TH~CE S. ~o 52' 30~ W. 49~.3 f~et along-the North line of Wiloox Addition, Unit No. l, Plainview, T~xas to a point; THENCE North 507.2 feet to~apoint; THET~CE East 355 feet to a point in the West line of said Brock Addition, Unit No. 4; THENCE South 75 feet to the place of beginning; and WHE~.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 signed said petition; an~ V~EREAS, the City Council finds that notice of such petition and the hearing thereon have been published in a daily news paper publish- ed within the boundaries of t2e City of Plainv2~w, Hale County, Texas for the length of time and meeting the requirements of the appropriate statutes of the State of Texas; and ~EREAS, the City Council finds that all of said area is conti- AFFIDAVIT OF PUB~LISHER TIIE STATE OF TEXAS, C~u~ty of Hale. Before me, the unders.lgned authority, on this day personally appeared ....... .4.~...e.s...B.....0.s.~ .~..d. .......... to me to be the publisher of the ?lainview ~Ierald, a newspaper of general circulation Dublished in ?lainview, Hale County; said aewspaper 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 copy' oi the attached was pt~blished in the Plainview Daily Herald in ~ts issues oi ...... .,.,/.u,n..e,.&~.,1.?.~ ........ and the attached clipping is a true copy of said publication. .~~25~. Publisher, Plainview, Texas ........ ~e. ~.., 19. ~worn to and subscribed before me, this ... 5~b. .......... day o~ ...J?ne ........... & D, 19 ~ Frankie S. Watson Publisher's Fee $,./. ~.j/./~. ..... '.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 THEREFOR E BE IT ORDAINED BY THE CiTY COUNCIL OF TH~ oIT~ OF PLAIh~fI~Y, Section 1: It is found and determined by the City Council that the following described tract of land, to-wit~ BEGINNING at the S. W. Corner of Brock Addition, Unit No~ 4. Plainview, Texas, which point is ~87.46 feet Northland 1,260 fe~t West of the S. E. Corner of Section 27, Block JK-2, Hale County, Texas; THENCE South 42.38 feet along the West tine of Brock Addition, Unit No. 5, Plainvie~, Texas, to a point; THENCE S. ~6° 08' E. ~20.55 ~eet along the West line of said Brock Addition, Unit No. 5, to a point; THENCE South 92.42 feet along the West line of said Brock Addi- tion, Unit No. 5, to a point; THENCE S~ 88° 52' 30''~ W. 49'6.3 feet along the North line of ~ilcox Addition, Unit No. l, Plainview, Texas, to a point; THENCE North 507.2 feet to a point; THENCE East 355 feet to a point in the West line of said Brock Addition, Unit No. 4; THENCE South 75 feet to the place of beginning; and all of which land lying and being situated in Hate-~ounty, 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 dul~ signed a petition on file with the City Clerk, petitioning the City Coun~il 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 Plainview. Section 3:~ It is found, deterrained and ordered by the City Council of the City of Plainview, Texas, that said petition in all things be grant- ed and that the above described area be and the same is in all respects annexed to the incorporated into and amde a part of the City of Plainview. Section 4~ It is f~mrther determined and ordered by the City Co'~ncil 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 Pla~- view and subject to taxes and other assessments which may be levied by law from and after the enactment of this ordinance. PASSF~, APPROVED AND ADOPTED, this 15th day of June , 1964. M. B. Hood M. B. HOOD, ~yor, City of Plainview, Texas ATTEST. M. L. Rea M. L. ?~A, City Clerk' City of Plainview, T~xas CITY OF PL~VXE~' TEX~S, AN ARE~ ADJACENT THERETO AND FINDING ~ND' DETE~ [~IN[NGi~ THAT PETITIONS HAVE BEEN DULY SIGNED, AND THAT A MAJOR~Y OF THE RESIDENT, ~ ~ ~ ~ ~ ~ ~ QUALIFIED TAXPaYIN,= VOT~.S WITHIN SUCH AREA HA~ FILED WqTH THE CI~ CLERK SUCH PETITION REQUESTING SUCH ~NNF_~ATiON AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLA~N~I~~, 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, to annex and admit the following described area and territory into the City of Plainview, Texas, to-Wit: BEGINNING at a 2" pipe set in concrete for a control monument at the N. ~ Corner' of the replat of Titus Subdivision Revised, Plainview, Texas, which point is also at the N; E. Corner of LSt 4, Block 4, AlabamaAddition, Plainview, Texas; THENCE ~%st 475 feet along the North line of said Replat of Titus Subdivision Revised to a point; THENCE South 457.5 feet to the East Northeast corner of Lot 13, Block 3, Titus Subdivision Revised, Plainview, Texas, as recorded in Vol. 378, page 503, Deed Records, Hale County, Texas; THENCE N ~5o 00' W 21.2 feet to a point; THENCE West 50 feet to the N. ~. Corner or-said Lot THENCE South 120 feet to a point in the North line of ~6th Street,- THENCE W%st 92.5 feet to the N. W. Corner of the Titus and Pillow Subdivision of Lots 1 and 2, Block ~, Alabama Addition, Plainview, Texas;~ THENCE South 60 feet to an East Northeast corner of the Shepard and Couch Subdivision; THENCE West 158.25 feet along a North line of said Shepard and Couch Subdivision to a point; THENCE North t80 feet to a point; - THENCE ~est 125 feet along a North Line of said Shepard and Couch Subdivision to a point; THENCE North ~0 feet a!o~g the East line of said Shepard and Couch Subdivision to a point; THENCE N.'77o ~, ~1" W. ~3.79 feet to a p~int; THENCE North 1~5~22 feet to the S. E. Corner of Lot 5, Block Alabama Addition, Plainview, ~eXaS; THENCE East 948.75 along the ~outh line of Lots 1 and 6 of Block Alabama Addition, Plainview, Texas, to a point; THENCE South 60 feet to th~ place of beginning; 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 WHEREAS, the City Council finds that notice of such petition and the taearing 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 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 Plainview that said area be annexed to the City of Ptainview; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAI~MfiEW, TEXAS: Section 1: It is found and determined by the City Council that the following described tract of land, to-wit: BEGINNING at a 2" pipe set in concrete for ~ control ~sBument at the N. E. Corner of the Replat of Titus Subdzvzszonm ..2vzsed;. Plainview, Texas, which point is also at the N. ~. Corner of Lot 4, Block 4, Alabama Addition, Plainview, Texas; THENCE West 475 feet along the North line of said ~eplat of Titus Subdivision Revised to a point; THENCE South 487.5 feet to the East Northeast corner of Lot l], Block ~, Titus Subdivision Revised, Plainview, Texas, as recorded AFFIDAVIT OF PUBiLiSHER THE STATE OF TEXAS, Coth~ty of Hale. Before me, the undersigned authority, on this day-personally appeared ...... ~.~..e..s...$,.. 9~ .~.a.~..~. ........... ~o~ Lo me t0 be the publisher of the Plainvie~v Iterald, 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 o~e year; who on oath deposes and says that a copy of the attached was published in the Plainview Daily Herald in its is~.es and the attached clipping is a true copy of sai~d~ publication. ...... Publisher; Plainview, Texas .... Sworn to and subscribed before me, this .... ~.~t .......... day of ..... 4~ ......... Frankie S. Watson Publisher's Fee $~ .~k~., ~,_~_.~ ...... in Vol. 378, page 503, Deed Records, Hale'County,.Texas; THENCE N. 45© 00' Pg. 21.2 feet to a point; THENCE ~est 50 feet to the N. W. Corner of s=td Lot 13; THENCE South 120 feet to a point in the North line of 26th Street; THENCE West 92.5 feet to the N. W. Corner of the Titus and Pillow' Subdivision of Lots t and 2, Block 4, Alabama Addition, Plainview, Texas; THENCE South 60 feet to an East Northeast corner of the'Shepard and Couch Subdivision; THENCE ~st 158.25 feet along a North line of said Shepard and Couch Subdivision to a point; THw~NCE North 180 feet to a point; THENCE West 125 feet along a North line of said Shepard and Couch Subdivision to a point; THENCE North 340 feet along the East line of said Shepard and Couch Subdivision to a point; THENCE N. 77© 33' 31" ~. 33.79 feet to a point; T~NCE North 185.22 feet to the S. E.~Corner of Lot 5, Block 3, Alabama Addition, Plainview, Texas; THENCE East 948.?5 alongthe South line of Lots 1 and 6 of Block 3, Alabama Addition, Plainview, Texas, to a point; THF~NCE South 60 feet to the place of beginning; all of which land lying and being situated in Hale County, Texas and is con~l~uous 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, ~ncorporate and annex-the above described area into the corporate limits of the City of Plainview, ~exas, 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 all things be granted and that the above d~scribed area be and the same is in all respects annexed t incorporated into, and made a part of the City Limits of the City of Plain- view~ 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 othe~ assessments which may be levied by law from and after the enactment of this ordinance. PASSED, APPROVED ~D ADOPTED, this 15th. day of June M. B. Hood Mi~ B.' HOOD~ ~YOr, cib~y Of P!ainvlew Texas ATTEST: M. L. Rea M'~ ~L~' REA', city ~ci~r~- city o£ Ptainview, 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 DETErmiNING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LAND O~WERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE IN~ STITUTION OF SUCH ANNEXATION PROCEEDINC-S BY THE CITY OF PLAINV~W HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELDr AND ANNEX~ ING SAID ~EA TO THE CITY OF P~INVI~: AND ~KING SAID APdA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINV~W, TEXAS. WHEREAS, a Petition has been signed and filed with the City Clerk of the City of-P.lainview, Texas, by Paul Hays, H. D. Hays, S. A. Barrett and Elmer Hays, owners of the hereinafter described land, petitioning the City Council of the City of Plainview to annex and admit the follow- ing described area and territory into the City of Plainview, Texas, to-wit: BEGINNING at a point in the West line of Section ~, Block JK-2, Hale County, Taxas and ~2~.26 feet South of its Northwest Corner; THENCE North ~5°'00' East ~2.~2 feet to a 2" pipe set in concrete; THENCE South 1~.2~ feet to a point; THENCE East 157.58 feet to a point; THENCE North ~5° 2~.36' East 31!.0 feet to a point; THENCE East 77~.92 feet to the beginning of a curve; TH!~CE Northeasterly 600.67 feet along a curve to the left with a radius of ~70 feet and a central angle of 7~o t5.~ ' to a ~oint point in the City Limit line of the City of Plainview, Texas~ THENCE South ~5~.~5 feet along said City Limit-line to a point in the North line of The Edgemere Addit2on, Unit No. 5, Plainview, Texas; THENCE West 1,552.5 feet along the North line of said The Edgemere Addition, Unit No. 3, to a point; THENCE North 10 feet to a point; THENCE W~st 170 feet along the North line of said The Edgsmere Addition, Unit No. ~, to a point in the West line of said Section 34; THENCE North 578.2~ feet along the ~est 'line of said Section 34 to the place of beginning; and WHEREAS, there is no one residing upon said land; and ~HEREAS, prior to the institution of said annexation proceeding and pursuant to said Petition, Notice of Public Hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainview was duly given by publishing same in the Piainview Daily Herald in accordance with the requirements of the Statutes of the State of Texas and said public hearing was duly held; and ~fHEREAS, 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 owners of said ~rea and for the City of Ptainview 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 following described tract of ~and, to-wit~ BEGINNING at a'point in the ~est line of Section 3~, Block JK-2, Hale County, Texas~ and 42~.26 feet South of its Northwest Corner; THENCE North ~5° 00' East ~2.~2 feet to a ~ pipe set in concrete; THENCE South 143.24 feet to a point; ~THENCE East !57.5~ feet to a point; THENCE North ~5o 23.36 ~ast ~1t.0 feet to a point; THENCE East 77~.92 feet to the beginning of a curve; THENCE Northeasterly 600.~7 feet along a curve to the left wit~ ~ radius of ~70 feet and a central angle of 73° 13.5' to a point in the City Limit line of the City of Plainview, Texas; THENCE aouth ~.35 feet along said City Limit line to a point in the North line of The Edgemere Addition, Unit No. 3, Plainview, Texas; THENCE ~est 1,552.5 feet along the North line of said The Edge- mere Addition, Unit No. 3~ to a ~oint; THENCE North 10 feet to a point; A~F~FIDAVIT el::: ,PUBiLISHER THE STATE OF TEXAS, CounSy of Hale. Before me, the undersigned authority, on this day personally appeared ......... .Ja~.e n..~.~..0~al.d .... ~o~n to 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 of more than one year; who on oath deposes and says that a cogy of the attached was published in the Plainvfew Daily Herald in frs issues of .... ..................................... ~9.~ .~. and the attached clipping is a true copy of/ s~/ublication. / / Publisher, Plainv~ew, Texas .... ~f~ .~/.~. ..... 19 ~worn to and subscribed before me, this 22nd June .................. day of ................... ( ~otary Pub~ie~ ~ ~n~ Publisher's Fee $ ~.. ~.0. Day and Owens THENCE ~est 170 feet along t he North line of said The Edge- mere Addition, Unit No; 3 to a point in the West line of said Section THENCE North 578.24 feet a~ong the West line~'of said Section 34 to the place of beginning; all of which land lying and being situated in Ha~e County, Texas, is contiguous to the City Limits of the City of Plainview, Texas.~ SECTION ~: It is found and determined that the owners of said tract of la~-d"h~ve petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of'the City of P~ainview, Texas, and that no one is residing within said area. SECTION 3: it is found and determined that notice of a p~blic hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview has been duly given in accordance with the' Statutes of the State of Texas, and that said public hearing has hewn duly held. S~ ~TION ~: It is found and determined and ordered by the City Council of th~f Plainview, Texas, that said Petition in all things be granted and that the above described area be and the same is in all respects annexed to , and made a part of, the City of Plainview~ Texas. SECTION_ It is further determined and ordered by the-Cit~ Council of the City of Ptainview that the above described area from and after the date of this ordinance be subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. ~ 1964. ~SSED, APPROVED ~iND ADOPTED~ this 6th day of~ J~ly .., A. D. M. B. Hood M. B. Hood, Mayor CITY OF PLAINVZIEW, TEXAS ATTEST M. L. Rea City Cie~k ORDINANCE NO. 64-826 ORDINANCE AUTHORIZING CHANGE ORDER NO.. I RELATING TO CONTRACT BETWEEN CITY AND M & W STATIONERY COMPANY, CONTRACTOR. THE STATE OF TEXAS CITY OF PLAINVIEW COUNTY OF HALE ON THIS the 6th day of July , 1964, the City Council of the City of Plainview, Texas, convened in regular session at the regular meeting place thereof in the City Hall, with the following members present and in attenance, to-wit: M. B. HOOD MAYOR MAURICE HANNA KELq~Z GARRISON JAMES W. DAVENPORT MEDLIN cARPENTER ALDERMEN and with the following absent: Geo. L. Taylor constituting a quorum; and among other proceedings had were the following; The Mayor introduced a.proposed ordinance %~ich was read in full. Alderman Hanna made a motion that any rule requiring ordinances to be read at more than one meeting of the City Council be suspended and the ordinance be ~-- passed as an emergency measure. .The motion was seconded by Alderman Davenport and carried~.,- by the following vote: ~ AYES: Aldermen Hanna, Garrison, Da~nport, Taylor and Carpenter NOGS: None Alderman ' Carpenter made a motion that the ordinance be passed finally; The motion was seconded by Alderman Garrison and Carried by the following vote: AYMS: NO~S: Aldermen Hanna, Garrison, Davenport, and Carpenter 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, approving Change Order No. 1 relating to contract between the City and M & W Stationery Company, Contractor; enacting provisions incident and relating to the subject and purpose of this ordinace; and declaring and emergency. WHEREAS, a proposal has been hereto ore submitted to the City Council of the City of Plainview, Texas, by M & W Stationery Company, Contractor, ~lainview, Texas, on the 12th day of May, 1964, and a contract was entered into by.and between said City and said Contractor; and WHEREAS, Kerr & Kerr, Architects, having presented to the City Council a report that certain of the specifications in the contract between said City and said M & W Stationery Company, Contractor, should be increased or decreased in accordance with the forementioned proposal dated May 12, 1964, and this City Council has authority to enter such a change order in accordance with the proposal and contract~ all in accordance with Article 2368a, V.A.T.C.S., .... as amended;, and WHEI~AS, Kerr & Kerr, Architects have recommended that Change Order No. 1 be approved, which order provides for the increasing of the cost for certain items therein set forth and for the decreasing of certain items therein set forth~ giving a total incease of $1,502.96, and that the amount fo final contract~:will be $18,459.63; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TMXAS: SECTION I: That Change Order No. 1, a copy of which is attached hereto, as recommended and approved by the Architects, is hereby approved with the understanding that the revisions in no way affect any of the conditions or provisions of the original proposal and contract betwemn the City of Plain- view~ Texas, and M & W Stationery Company, Contractor, except for the items mentioned therein. SECTION ~: That payment to said M & W Stationery Company, for the amount to become due under said contract shall be made through the issuance and delivery of eighteen (18) warrants, numbered 1 through 16, and 19,' and 20, and by the payment of $459.63 in cash. SECTION 3: That the Mayor of the City is hereby authorized to execute Change Order No. 1. SECTION 4: That any ordinance in conflict herewith is hereby repealed, to the extent 6f such conflict; and, particularly, the ordinance passed by the City Council on the 12th day of May, 1964~ is repealed insofar as it conflicts with the provisions of this ordinance with reference to the manner in which payment shall be made to said Contractor. SECTION 5: The public importance of ~his measure and the fact that it ~s to the best interest of the City to provide'for the office furniture for the City Hall at the earliest possible date, constitute and create an emer- gency and an urgent public necessity, requiring that any rule providing for ordinances to be read at more than one meeting be suspened, .and requiring that this ordinance be passed and take effect as an emergency..measure, and such rule and provision is accordingly suspended and this ordinance is passed as an emergency measure and sahll take effect a~d be in force from and after its passage. PASSED AND APPROVMD this the 6th day of. July , 1964. (City Seal) ATTF, ST: M. B. HOOD Mayor, City of Plainview, Texas M. L. REA City Secretary~ City of Plainview, Texas APPROVED: JO~ SHAP~P City Attorney, City of Plainview, Texas Job No. 64-249 CHANG~ ORDER NO.. 1 Date May 23~ 1964 M & W. Stationery Co.~ Inc. (Contractor) Office Furniture for The City Hall (Building) Plainvie~ Texas (Address) Plainview~ Texas (Location) CHANC~ S ORDE RISD The'following changes are to be made to plans and/or specifications and contract of the above building, in accordance with your propoaal for changes-- 1. Add Shepard casters to all swivel charis in carpeted areas. 2. Add locks to executive credenzas~ executive file cabinets~ and file cabinets in Administration Reception area. 3. Add desk per Item No. 47. 4. Add four, 5-drawer units in Plan File to -Item No* 29. 5. Add one Bookcase to Item No. 26/ 6. Add two File Cabinets to Item No. 28. 7. Add two~ 2-drawer vertical units to Item No.. 33. ~ 8. Delete Drafting Table on Item No. 32. 9. Delete One File Cabinet from Item No. 45. Purchase orders of M & W Statior~Y Co., Inc..are to become part of this contract. Purchase Orders date ~..~.3~ ~964. LAST ITEM CONTRACT CH~NGEt; Your contract price to be (increased) by the amount of ON~ '~OUSAND FIV~ HUNDRMD TWO AND 96/100 $!,502.96 ,, , The aforementioned changes and work affected thereby, is subject to all contract stipulations and convenants. ACCEPTED _~tyCit o~of ~!a~rPlainview~ Texas.. (0w~er) b~ M. B. HOOD M. B. Hood, Mayor Approved this date ...... .MAY 25~ 1964 KERR & KERR ARCHITECTS s~, ~OHN c. ~R M & W Stationery Co. ~ Inc. (Contractor) by. PAUL K. CLEMENTS VICg-PRES IDENT Date (Title) May 25~ 1964 2 ORDINAANCE NO. 64-827 A/q ORDINANC~ AMENDING SECTION 44 OF ARTICLM X, CHAPTER 4, OF "THE CODE OF THM CITY OF PLAINVIMW, TEXAS, 1957"~ AND PROVIDING THM PROC~DU~ TO BE TAREN WHEN A PERSON IS BITTEN BY A DOG. B~ IT ORDAINMD BY THF~ CITY COUNCIL OF THE CITY OF PLAINV~W: SECTION 1: Section 44 of Article X, Chapter 4, of "The Code of the City of Plai--~view, Texas, 1957~', is hereby amended to hereafter read' as follows: Sec.. 44..Procedure When a Person Is Bitten By A Dog. (a) If any person shall report to the Director of Public Safety, Health and Welfare, or to the Chief of Police, or to the Judge of the Corporation Court, that any dog has bitten any person within the limits of the City, it shall be the duty of the Director of Public Safety, Health and Welfare and the Chief of Police to impound the dog in the City pound and to keep such dog secuf~ely confined therein for a period of not less than~ fourteen days, and the dog shall not be released except upon the written permission of the DireCtor of Public Safety, Health and Welfare. As an alternative to impounding the dog in the City poumd, upon request of the owner of the dog~ the said dog may be kept securely impounded and confined by a duly licensed veterinarian, provided that the owner of the dog makes a satisfactory agreement with the said veterinarian for the payment of ail fees charged for keeping the dog. In no event or instance shall the City be ~iable for such ~ees. After the ~xpiration of not less than fourteen days from_the day the dog has bitten such person, such dog may be released, provided a duly licensed veterinarian certified that the dog does not have rabies nor any symptoms of rabies. The certificate of the veterinarian shall be furr~ished the Director of Public Safety, Health and Welfare, and the said dog shall not be released from either the City pound nor by the veterinarian keeping such dog, exvept upon the written pe~nis~ion and direction of the Director of Public Safety, Health and Welfare. (b) In the event that the Director 6f Public Safety, Health and Welfare is not available to perfo~n any of these duties, the same shall be performed by the Chief of Police, the Assistant Chief of Police~ the acting Cheif of Police, or the acting Assistant Chief of Police. (c) If the owner of a dog who has bitten a person should attempt to avoid compliance with this Section, such owner shall be deemed guilty of a misdemeanor and~ upon conviction thereof, shall be punished as provided in Section 48 of ATticle X, Chapter 4~ of ~The Code of the City of Platnview, Texas, 1957." S~CTION 2: If any provision, sentence, or part of this Ordinance should. be declared invalid, it shall not affect any other provision contained herein. APPROVED AND ADOPTMD this 20th day of July ATTEST: M. B. HOOD M. B. HOOD, Mayor, City of Plainview M. L. 1~ M. L. REA, City Clerk, City of Plainview AF~FIDAVIT OF PUB~LISHER THE STATE OF TEXAS, Comity of Hale. Before me', the undersigned authority, on this day personally appeared ........... ~.'...q:...r.e..r.r.2'. ........... k~o~, to me to be the publisher of the Plainview ~Ieraid, a newspaper of general circulation published in Plainview, Hale County; said aewspape~ 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 copy of the attached was p~blished in the Plainview Daily Herald in August 5, 1~6~ its issues of and the attached clipping is a true copy of said publication. (~//~ ................... ..... Plainview, Texas ....~.L~/~.; Sworn to and subscribed before me, this .7.i~]~ ............. day of .. Publisher's Fee $ AFFIDAVIT OF: ,PUBLISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared .... .E:...Q....P..e.r.r.y. ................... ~nown to me to be the pubJisher 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 of more than one year~ who on oath deposes and says that a copy of the attached was published in the Plainview Daily Herald in its issues of and the attached clipping is.. a true copy of said publication. .......................... Plainview, Texas . ~wom to and subscribed before me, this . .Tth ............ day of .... A~t ....... Publ~heFs ~eo $ ORDINAN~ · NO. ~ 64-828 AN ORDINANCE AMENDING SECTION 36 OF ARTICLE X, CHAPTER 4, OF '*THE CODE OF THE CITY OF PLAINVIEW~ TEXAS~ 1957", AND FIXING THE FEES TO BE CHARGED AND PAID FOR EACH DOG IMPOUNDED IN THE DOG POUND OF THE CITY OF PLAINVIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Section 36 of Article X, Chapter 4, of "The ~ode of the 'City of Plainview, Texas, 1957" is hereby amended to hereafter read as follows: " Sec.. 36. Dog Pound - Fees. (a) The Director of Public Safety, Health and Welfare shall charge' a fee of $1.00 for each and every dog impounded for the first time in any calendar year. For each subsequent time a dog is impounded in any calendar year period, the Director of Public Safety, Health and Welfare shall charge a fee of $5.00. In addition to the fees above specified, the Director of Public Safety, Health and Welfare shall charge a fee of $1.00 for each day such dog shall remain in the pound. (b) The owner of any impounded dog may redeem such dog at any time prior to sale or destruction by paying the fees above provided for and by having the dog licensed and vaccinated against rabies. In the event the dog is not to be kept within the City Limits of the City of Plainview, it shall not be necessary for the owner to license the dog. (c) The fees and charged above provided for shall be collected by the Director of Public Safety, Health ~ud Welfare and he shall keep a record showing by whom any amount was paid, the date it was paid, and such information, gogether with the amount collected by him, shall be by him deliver- ed to the City Clerk of the City of Plainview. A receipt for the fees paid shall be fu~xished the person paying the fees and charges. SECTION 2: If any provision, sentence, or part of this Ordinance should be declared invalid, it shall not affect any other provision contained herein. PASSED, APPROVED AND ADOPTED this 20th day of July, A.D., 1964. ATTEST: M. L. REA M. L. REA, City Clerk, City of P!ainview M. B. HO~D M. B. HOOD, Mayor, City of Plainview ORDINANCE NO. 64-829 AN ORDINANC~ AMENDING SECTION 51 OF ARTICLM VIII, CHAPTER 2, OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957," BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Section 51 of Article VIII, Chapter 2, of "The Code of the City of Plainview, Texas 1957", is hereby amended to hereafter read as follows: Sec. 51. Fee for Certified Copy. The City Registrar of Vital Statistics may issue to a properly qualified applicant upon the payment of a fee of one dollar a certified copy of a birth, death, or stillbirth certificate filed in his office, provided that the re- Strictions contained in Rule 47a, Article 4477, Revised Civil Statutes of Texas ahall be observed in the issuance of such copies. Ail fees collected by the City Registrar of Vital Statistics for the issuance of certified copies of records of births, deaths and stillbirths shall be deposited with the City Treasurer on the last business day of each month. " PASSED, APRROVED AND ADOPTED this 3rd day of August, A.D., 1964. M. B. HOOD M. B. HOOD, Mayor, City of Plainview ATTEST: . _M.~_. REA. ORDINANCE .NO.. 64-830 AN ORDINANC~ ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVI~W, ~I~XAS, AN AREA ADJACENT THERETO: AND FINDING AND DETERMINING THAT PETITIONS HAVE B~N DULY SIGNED BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BM H~D PERTAINING TO THE INSTITUTION OF SUCH 'ANNMXA- TION PROCEEDINGS BY ~/4E CITY OF PLAINVI~W HAS BEEN GIVEN AND THAT SUCH PUB- LIC HEARING HAS BEEN DULY HELD: AND ANNEXING SAID APJ~A TO THE CITY OF PLAINVI~W: AND MAKING SAID AR~A SUBJMCT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, T~XAS. WHEREAS, a petition has bemn sided and filed with the City Clerk of the City of Plainview, Texas, by Clyde G. Howell and wife, Irene C. Howell, owners of the hereinafter described land, petitioning the City Counci! 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 Lot No. 1 in Block No. 3 of Alabama Addition to the Town of Plainview, in H~le County, Texas, as shown by plat of said addition of record in said County, described by metes and bounds as follows: BEGINNING at the Southeast corner of said Lot No. 1; THENCE North 120 feet; THENCE West 130 feet; Ti~NCE South 120 feet~ THENC~ East 130 feet to the Place of Beginning; Save and Except the West 10 feet of the property hereinabove described, which said West 10 feet is subject to that certain covenant contained in warranty deed from Hattie E, Claiborne and others to R. A. Vernon, dated September 29, 1959,.and recorded on the Deed Records of Hale County~ Texas; and WHEI~AS, prior to the institution of said annexation proceedings and pursuant to said petition, notice of a public hearing to be held pertaining to ~he institution Of said annexation proceedings by the City of Plainview was duly given, by publishing same in the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and said public hearing was duly heldg and WH~i~A~, 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 desireable, 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, THE RS FOR~ BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF PLAINVIEW, T~XAS: SECTION 1: It is found and determined by the City Council that the f~llowing described tract of land, to-wit: A tract of land out of Lot No. I in Block No. 3 of the Alabama Addition to the Town of Plainview, in Hale County, Texas, as shown by plat of said addition of record in said County, des- cribed by metes and bounds as follows: BEGINNING at the Southeast corner of said Lot No. 1; THENCE North 120 feet; ~{ENCE West 130 feet; THENCE South t20 feet; THENCE East 130 feet to the Place of Beginning; Save and except the West 10 feet of the property hereinabove des cribed, which said West 10 feet is subject to that certain covenant contained in warranty deed from Hattie E. Claiborne and others to K, A. Vernon, dated September 29~ 1959, and recorded on the Deed Records of Hale County, Texas; and all of ~hich 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 the owners of said tract of land have petitioned the City of Plainview to annex said area and to make the AFFIDAVIT OF PUBtLISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ... JL..Q..-P~F~y .................... known to me to be the publisher of the Plainview Herald, a newspaper of general circulation published in Plainview, Hale. County; said aewspape~ 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 cGpy of the attached was published in the Plainview Daily Herald in its issues of .... and the attached clipping is a true copy of said publication. ~i/~ ~ ...................... Plainview, Texas .. ,. *. %~A~9 .... Sworn to and subscribed before me, ...... ~7~.~ ....... day of . .~. ~o~blie, ~ale ~ountT, Texas Frankie S. Watson ~blisher's Fee $ same subject to the jurisdiction of the CitY of Plainview, Texas. SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City o~ Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accrodance ~ith ghe statutes of the State of Texas, and that said public hearing has been duly held. SMCTION 4: It is found and 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 smme is in all respects ar~%exed to, ~d made a part of~ the City of Plainview, Texas. SECTION 5: It is further determined and ordered by the City Council of the City of Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by law by t~e City of Plainview, Texas. PASSED, A~PROV~D A~D ADOPTED this 17th day of August, A.D., 1964. ATTEST: M.. B. HOOD M. B. HOOD, Mayor, City of Plainview M. L. RF~A M. L. REA, City Clerk, City of Ptainview ORD INJaNCg NO. 64-831 AN ORDINANC~ PROHIBITING PARKING ON EITHMR SIDE OF FIF'i!~ ST~ET FROM A POINT 656 F~ET WMST OF THM CENT~RLIN~ OF JOLIET STRg~T TO A POINT 539 FMED fAST OF THg CENT~RLINE OF JOL1ET STP~ET IN THE CITY OF pLAINVI~W: AND PROVIDING A PENATLY. WHEREAS, congestion of traffic at the intersection of Joliet Street and Fifth Street in the City of Plainvtew, Texas, makes it advisable to prohibit the parking of motor vehiclds or vehicles of any kind on either side of Fifth Street from a point 656 feet west of the uenterline of Joliet Street to a point 539 feet east of the centerline of Joliet Street in the City of Plain - view, Texas; NOW, THERgFOP~ BE IT ORDAINMD BY THE CITY COUNCIL OF THE CITY OF PLAINVI~W: SECTION I: Parking ~uy kind motor vehicle on either side of Fift~ street from a point 656 feet west of the centerline of Joliet Street to a point 539 feet east of the centerline of Joliet Street is hereby prohibited. SECTION 2: No person shall park or cause to be parked a motor vehicle, automobile, tz-cck, truck tractor~ or motor vehicle of any kind on either side of Fifth Street from a point 656 feet west of the centerline of Joliet Street to a point 539 feet east of the centerline of Joliet Street in the City of Plainview, Texas. SE.CTION__3: Any persen 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 less than $1.00 and not more tha~ $200.00. PASSED AND APPROVgD this 7th day of September, A.D., 1964. M. B. HOOD M. B. HOOD, Mayor ATTMST: M.L. REA M. L. RgA, City Clerk ORDINANCE NO. 64-832 AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON PORTIONS OF ELeVeNTH STI~ET IN THE CITY OF PLAINVIEW: ESTABLISHING A $~HOOL ZONC; AND PROVIDING A PENALTY. WHEREAS, after m% engineering: and traffice investigation, the City Council of the City of Plainview finds that circumstances are such that the maximum reasonable safe speed for the operation of vehicles under the condi- tions found to exist in the hereinafter specified locations on Eleventh Street in the City of Plainview, is as follows: On Eleventh Street between Canyon Street and Raleigh~ Street, thirty=five (35) mi;es perhour; On Eleventh Street between Raleigh Street and Portland Street, fifteen (15) miles per hour between the hours of 8:00 A.M. and 4:00 P.M. on Mondays through Fridays of each week, and t~hirty- five (35) miles per hour at any other time; On Eleventh Street between Portland Street and Broadway Street, thirty-five (35) miles per hour; and that the m~ximum safe speeds on said street at the locations herein des- cribed are the speeds herein designated; and that on ~leventh Street between Raleight Street and Portland Street in the City of Plainview should be established as a school zone for the protection of school children attending the public school on said Eleventh Street and that, ther~ore, during the times and hours herein specified the maximum speed for the safety of school children and others on such part of Eleventh Street in the City of Plain- view should not be more than fifteen (I5) miles per hour; NOW, THeReFORE, BE IT ORDAINED BY THE CI~ COUNCIL OF THE CITY OF PLAINVI~W: SECTION 1: That the speed limit on Eleventh Street in the City of Plainview at the locations thereon hereinafter designated, shall be as follows: On Eleventh Street between Canyon Street and Raleigh,: Street, thirty-five (35) miles per hour; On Eleven~th Street between Raleigh Street and Portland Street, fifteen (15) miles p~r hour between'the hours of 8:00 K.M; and 4:00 P.M. on Mondays, Tuesday, Wednesdays, Thursdays, and Fridays of each week, and thrity-five (35) miles per hour at any other time; On Eleventh Street between Portland Street and Broadway Street, thirty-five (35) miles per hour. That it shall be unlawful for any person operating a motor vehicle which is self-propelled to operate said motor vehicle at a speed greater than that which is hereinabove designated as the speed limit on the above designated portions of Eleventh Street in the City of Plainview. 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 less than $1.00 and.not more than $200.00. PASSED AND APPROVZD this 7th day of September, A.D., 1964. ATTEST: M. B. HOOD MAYOR M. L. R~A CITY CLERK A~EFIDAYIT OF: PUBiLISHER THE STATE OF TEXAS, Courtly of Hale. Before me, the undersigned authority, on this day personally appeared .... ............. Lo me to be the publisher of the Plainview PIerald, a inewspaper of general circulation publ:ished in Plainview, Hale County; said aewspaper has been continuously and regu- larly publiShed in said County for a period of more than one year; who on oath deposes and says (hat a cGpy of the attached was published in the Plainview Daily Herald in and%he attached clipping is a true copy of s¢~l~ publication. Plainviev~, Texas....0. ,~.t.. ?.? ....... I9 6~ Sworn to and subscribed before me, t~s · . ~7~h... ' day o~.~ .......... ~ota~ Public, H~e County, Te .~ Fr~e S~ Watson ~bHsh~'8 Fee ~ ................ ORDINANCE NO. 64-833 AN ORDINANCE GRANTING TO TEXAS STATE NETWORK, INC. PERMISSION TO USE A SYSTEM OF RELAYING TELEVISION STATIONS ON A CHANNEL OF THE RECEIVING SET THAT DOES NOT CORRES- POND WITH THE SAME CHANNEL TKAT IS RELAYED. WHEREAS, Section 23-A of Ordinance No. 64-814 of the City of Plainview, which amends:Ordinance No. 795 of the City of Plainview, ordinarily referred to as the '~televtsion franchise" of the City of Plainview provides that: " The system will be so devised that the channels will be relayed when a television receiving set in Plainview is turned to the corresponding channel as the number of that channel in either Lubbock or Amarillo." and WHEREAS, based upon the engineer's report, it is not feasible to relay the television channels in Lubbock on the same channels in Plainview due to the fact that the same would create an interference with the receipt of those channels by television sets not on the cable system; and WHEREAS, application has been made by Texas State Network, Inc., the owner and holder of said franchise, to relay all television stations brought in by it over its system on a different channel on the set than the corresponding number of the tele- vision stations, with the exception of the educational television station in Lubbock, which is Channel 5; NOW~ THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Notwithstanding the provision in Section 23-a of Ordinance No. 64-814, which amends Ordinance No. 795 of the City of Platnview, which reads as follows: " The system will be so devised that the charnels will be relayed when a television receiving set in Plainview is turned to the corresponding channel as the number of that channel in either Lubbock or Amarillo," permission is hereby granted by the City Council of the City of Plainview to the said Texas State Network, Inc., its successors and assigns, to relay all television stations brought in by it over its system on a different channel on the set than the corresponding number of the television stations, with the exception of the education- al television station in Lubbock, which is Channel 5, SECTION 2: In all other respects, except for the change herein provided, the provisions of said Section 23-A hereinablve referred to shall remain as originally provided and set out in said Ordinance No. 64-814 and sahll be observed by the holder of the franchise granted by Ordinance No. 795, as amended by Ordinance No. 64-814. SECTION 3: Within thirty days from the passage of this Ordinance, the holder of said franchise, Texas State Network, Inc.~ shall file its approval, acceptance and agreement to this change and to the terms and provisions of this Ordinance and shall agree to abide thereby. PASSED, APPROVED AND ADOPTED, this 1964, 21st day of September , A.D, 33¸ ATTEST: M. L. REA M. L. REA, City Clerk M. B. HOOD M. B. HOOD, Mayor ORDINANCE NO. 64-834 AN ORDINANCE CLOSING THAT PORTION OF THE T ALLEY RUNNING EAST AND WEST AND ALL OF THE NORTH TWENTY NINE FEET OF THAT PORTION OF SAID T ALLEY RUNNING NORTH ~LND SOUTH IN BLOCK 38, ORIGINAL ~OWN OF PLAINVIEW, HALE COUNTY, TEXAS: AND DECLARING THE CLOSING OF SAID PORTION OF SAID ALLEY TO BE IN THE PUBLIC INTEREST: WHEREAS, FIRST NATIONAL BANK OF PLAINVIEW, Plainview, Texas, a National Banking Corporation, PLAINVIEW PARKING, INCo, a corporation, and L.M. REYNOLDS, are the owners of all of the land on both sides of that portion of the T Alley lo~ated in Block 38, Original Town of Platnview, Hale County, Texas, running East and West through said block and all of the North 29 feet of that portion of said alley running North and South in said block; and WHEREAS, the plans of said owners are to build or cause to be built, an office building on a portion of Lots 1 and 2, and Lot 16, In the northeast corner of said block, crossing that portion of the T alley located in said block running east and west; and WHEREAS, the plans for~said block include the paving of all of the West Half of said bIock and that portion of the North Half of said block not covered by the present bank building and the proposed office building; and WHEREAS, all utility lines have been removed from that portion of said-alley to be closed; and WHEREAS, the Council finds the closing of the above referred to portion of said T alley is in the public interest and for the safety of the public generally~ NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas; Section 1: That that portion of the T alley in Block 38, Original Town of Plainvtew, Hale County, Texas running East and West and the N~rth 29 feet of that portion of said T alley running North and South be, and the same is hereby closed. September 23, 1964 Southwestern Publ~ Service Company Attention: Wendell Smith P. O. Box 791 Plainvtew, Texas Southwestern Bell Telephone Company Attention: Line Foreman P. O. Box 1681 Plainvlew, Texas Pioneer Natural Gas Company P. O. Box 1231 Attention: Engineering Department Plainview~ Texas Gentlemen: In re: Application to close portion of Street and Alleys You will find enclosed a copy of a petition to the City Council of Plainview, Texas, to close the two short alleys and short street just east of Date Street in Block Three and Block Six~ Railroad Addition to the Town of Plainview, Hale County~ Texas. This is the property occupied by National Oil and Butane Compan and has been fenced for may years. It is our understanding that there are no utilities in the alleys and street. This is the area between the Fort Worth and Denver Railway Company tracks and the Santa Fe Railway tracks. If you have any objections, we would appreciate your filing them with the City Clerk and notifying our office. I believe that I have con- tacted all of you in reference to this by telephone. Yours reMpectfully, HML:kh LaFont, Tudor, Tunnell, Formby & Reep By H. M. LaFont Section 2: The City finds that it is in the public interest to close that tion of said T alley as provided in Section 1. Section 3: That that portion of the T alley in Block 38, Original Town of Plainvtew, Hale County, Texas running East and West and the North 29 feet Of that por- tion of said alley running North and South shall no longer be used as public thoroughfare and an open alley and shall no longer be used or designated as a part of said alley in said block and the owners of the property contiguous to said portion of said alley ~1~' m~y~ak~ ~6~sess~on',~:th~r&6f a~dmaytma~ke dse of Same:~t~acco~dance with the laws of the State of Texas. PASSED, APPROVED AND ADOPTED this the 1st day of Oct. , 1964. M. B. HOOD M. B. HOOD, Mayor City of Plainview ATTEST: M. L. REA M. L. REA, City Clerk City of Plainvie w (NOTE: The letter inserted in the preceeding ordinance should have been inserted in Ordinance No. 64-835.) ORDINANCE NO. 64-835 AN ORDINANCE CLOSING A PORTION OF ELM STREET BETWEEN llTH STREET TO THE SOUTH RIGHT OF WAY LINE~OF THE PANHANDLE & SANTA FE RY. CO. RIGHT OF WAY: AND CLOSING THE ALLEY IN BLOCK 3 OF RAILROAD ADDITION TO THE TOWN OF PALINVIEW, HALE COUNTY, TEXAS, FROM llTH STREET NORTH TO THE SOUTH LINE OF THE PANHANDLE & SANTA FE RAILWAY RIGHT OF WAY AND DECLARING THE CLOSING OF SAID PORTION OF SAID STREET AND ALLEY TO BE IN THE PUBLIC INTEREST: WHEREAS, T. E. MITCHELL and wife, MARGARET B. MITCHELL are the o%rners of all the land on both sides of that portion of Elm Street and that portion of the alley in Block 3, Railroad Addition to the Town of Plainvtew, Hale County, Texas, extend- lng from llth Street North to the South line of the Panhandle & Santa Fe Railway Company right-cf..way and as reflected by the dedication deed recorded in Volume 15, ~page 4 of the Deed Records of Hale County, Texas; and WHEREAS, that the above described portion of Elm Street and the said portion of the alley was never opened and used by the public in general in accordance with the dedication deed referred to herein; and WHEREAS, the opening of said portion of said street and said portion of said alley, because of the fact that same are located between the Panhandle & Santa Fe Railway Company right-of-way and the Ft. Worth & Denver Railway Company right-of- way, would cause a dangerous and hazardous situation to pedestrains and motorists and other vehicular traffic on and to said portions of said street and said portions of said alley; and WHEREAS, the closing of said portion of said street and said portion of said .alley is in the public interest and for the safety of the public generally; and WHEREAS, at a public hearing held by and before the City Council of the City of Plainview at its regular session on the 1st day of October, 1964, to avoid the dangerous situation which would exist if the above referred to portion of said Elm Street and the above referred to portions of said alley were ever opened for pedestrians and vehicular traffic; NOW, THEREFORE, BE IT ORDAINED B Y THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1: THAT Elm Stre~t:.in.,~heTCit~7of Plaihvi~sw]~from~llth~Str~e~lN~rthl;.to.the~South7 boundary line of the Panhandle & Santa Fe Railway right-of-way, be, and the same is hereby closed. Section 2: THAT that portion of the alley in Block 3 of Railroad Addition to the Town of Plainview, Hale County, Texas, extending North from llth Street to the South boundary line of the Panhandle & Santa Fe F~ilway Company right-of-way be, and the same is hereby closed. Section 3: THAT the City Council finds that it is in the public interest to close that portion of the said street and the said alley as provided in Section 1 and 2 of this Ordinance. Section 4: THAT the said portion of Elm Street as provided in Section 1 and the said portions of alley in Block 3 of Railroad Addition to the Town of Plainview, Hale County, Texas, as provided in Section 2 of this Ordinance shall no longer be used or designated as street and alley, and the owner of the property contiguous to said street and alley may take possession thereof and may use the same in accordance with the laws of the State of Texas. PASSED, APPROVED and ADOPTED, This 1st day of October, 1964. ATTEST: M. B. HOOD M. B, HOOD, Mayor City of Plainview M. L. REA M. L. REA, Eity Clerk City of Plainvtew ORDINANCE NO. 64-836 AN ORDINANCE LEVYING TAXRS FOR THE CITY OF PLAINVIEW, TEXAS, FOR THE YEAR 1964; PRESCRIBING THE RATE TO BE LEVIED ON EACH $100.00 OF THE VALUE OF ALL TAXABLE PROPL ERTY WITHIN THE LIMITS OF THE CITY OF PLAINVIEW~ TO PAY THE INTEREST AND PROVIDE A SIN~ING FUND TO SATISFY APrf INDEBTEDNESS HERETOFORE LEGALLY MADE BY THE CITY OF PLAL~IEW. AND LEVYING THE ANNUAL TAX FOR SUCH YEAR FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE MUNICIPAL GOVERNMEN~ OF THE CITY OF PLAINVi~ FOR THE YEAR 19a4. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAINVIEW: SECTION %: In accordance with the Constitution of the State of Texas, the statutes provided, and the Charter of the City of Pla~nvlew, Texas, there is hereby !&vied for the year 1964, a tax on all taxable property within the City Limits of the City of Plainv~ew~ the tax hereby lev~ed being as follows: (a) For the General Operating Fund of the City of Plainview, ment of current expenses of the municipal government, there is hereby levied a tax of $I.~5 on each $100.00 of the calue of all taxable property within the limits of the City of Plainview. (b) For the Interest and Sinking Fund of the City of Ptainview, and to pay the interest and provide a sinking fund to satisfy the indebtedness heretofore A~FIDAVIT OF PUBiLIS HER THE STATE OF TEXAS, Cour~ty of Hale. Before me, the undersigned authority, on this day personally appeared ....E.:...q:...P.e...rr_~ .................... to me to be the publisher of the Plainview ~Ierald, a newspaper of general circulation published in l~lainview, Hale County; said aewspaper has been continuously and regu- larly published in said County for a period Df moro than one year; who on oath deposes and says that a copy of the attached was p~tblished in the Plainview Dgily Herald in and the attached clipping is a true copy of ............. ~::-~i~;;, .... Plainview, Texas ...'~.;10.--.~..(~. .... 19 .... ~worn to and subscribed before me, this ...... ,~ ....... day of ...O.q'~.qb,~.l~ ...... Publisher's Fee $ ................ legally made and undertaken by' the City of P!ainview, there is hereby levied a tax of 65¢ 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 1964~ SECTION 2: Said tax shall be assessed and collected in accordance with the statutes of the State of Texas and the Charter of the City of Plainview, Texas, and all. applicable statutes and laws of the State of T~xas enacted for the assessment and collection of said .taxes are hereby adopted. PASSED AND APPROVED this ist day of October, A.D., 1964. M. B. Hood M. B. HOOD, Mayor 3? M. L. Rea M. L. REA, City Clerk ORDINANCE NO. 64~837 AN ORDINANCE AMES~ING SUBSECTION 5 OF SECTION 4 OF ORDINANCE NO. 794, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF PLAINVIEW, SO AS TO PROVIDE ~HAT ALL TERRITORY HERE- AFTER ANNEXED TO THE CITY OF PLAINVIEW S~LL BE BROUGHT ISTO THE CITY AS AN R-1 DISTRICT. WHEREAS, after due notice given in conformity with the Ordinances of the City of Plainview and the statutes of the State of Texas in regard thereto, and after a public hearing was held thereon, the Zoning Commission of the City of Plainview filed its recommendations with. the City Council of the City of Plainvtew recommend- lng that SubSection 5 of Section 4 of Ordinance No. 794, known as the Zoning Ordin- ance of the City of Plainvlew, be ~ended ao as to provide that all territory newly annexed to the City of Plainview be annexed as an R-I District; and WHEREAS, notice of a hearing to be held by the City Council of the City of Plainview in regard to said recommendations of the Zoning Commission pertaining to so amending sald Subsection 5 of Section 4 of said Ordinance No. 794 of the City of Plalnview, to be held at the City Hall at 7:30 P.M. on October 19, 1964, was duly given by publishing same at least fifteen days prior to such hearing in the Plainview Daily Herald, a newspaper of general circulation in the City of Plainview, and pur- suant to said notice a hearing was so held pertaining to said matter at said time and place bY the City Council of the City of P!ainview: NOW, THEREFORE, BE tT ORDAINED By THE CITY COUNCIL OF THE CITY OF PLAINVi~: Section I: That Subsection 5 of Section 4 of the ZOning Ordinance of the City of PlainView~ the same being Ordinance No. 794~ be amended, and that said Subsection 5 of Section 4 of the Zoning Ordinance shall hereafter read as follows: ~'5. ao Ail territory which may hereafter be annexed to the City shall be considered to be zoned R-i District (single-family Residential District). In a territory newly ara~exed to the City of P!ainview, no permit for the construction of a building shall be issued by the Building Official other than a permit which will allow the constguction of of a building permitted in the R~I District (Single~f~i!y Resident= iai District) untess and until such territory has been classified in a zoning district other than the R~I District (Single-family Residential District) C® Application for Building Permits for uses other than R-1 (Single- family Residential District) in newly annexed areas shall be referr- ed to the City Planning and Zoning Commission by the Building Offi- ciat. The City Planning and Zoning Commission may recom=~end denial, or in recommending approval of such Building Permit, the City Planning and Zoning Commission. gay impose such requirements and conditions with respect to location, construction~ maintenance and operation in addition to those expressly stipulated in this ordinance for the particular use~ as they may deem necessary for the protection of adjacent properties and the and the public lnterest~ The application together with the recommendation of the Planning and Zon~%~ Commission shall then be forwarded to the City Council for final authorization before issuance of a Building Permit." PASSED, APPROVED AND ADOPTED, this 19th day of October, A.D.~ 1964. M. B. Hood M. B. HOOD, Mayor ATTEST: (Seal) M. L. Rea M. L. REA, City Clerk ORDINANCE NO. 64-838 AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW TF~XAS, AND AREA ADJACENT THERETO: AND FINDING JaND DETERMING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LA,ND OWNERS AiTD THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAIN lNG TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAI~.~VIEW HAS BEEN DULY HELD: A~ND ANNEXING SAID AREA TO THE CITY OF PLAiNVIEW: AND M~AKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAI~;IE~, TEXAS. WHEREAS, a Petition has been signed and filed with the City Clerk of the City of Plainview~ Texas, by Graddy Tunnell, P!ainview Independent School District~ and J. W. Marshall~ owners of the hereinafter descrlbed land, petitioning the City Council of the City of Plainview, to annex amadadmit the following described area and territory into the City of Plainview~ Texas, to-wit: Being 39.54 acres of land~ more or less, out of Section 38 in Block JK-2~ Hale County, Texas, as hereinafter more fully described by meters and bounds~ and WHEREAS~ prior to the institution of said annexation proceedings and pursuant to said Petition, Notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the C~=y of Ptainview was duly given, by publish- ing same in the ~lainview Dally Herald in accorRance with the ~eqpi~ement~ of the statutes of the State of Texas~ and said public hemrir~ was duly ne£u; aha WHEREAS, Dh~e~itM C~n~i~tf~n~©khm~ 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 gor the City of Ptain~ view that said area be ap~exed to the City of Plainview~ Now~ therefore~ BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAI5%'IEW, TELLS: SECTION I: It is found and determined by the City Council that the following described tract of land~ to-wit: BEGINNING at a point 20 feet East of the Northeast corner of the Southwest 1/4 of Se~tton 38~ Block JK~2, Hale County~ Texas; THENCE South 625 feet along the West line of Block 3~ Alabama Addition, Plain= view~ Texas, to a point; THENCE West 894.56 feet along the North line of Unit~ Thunderbird Addltion~ Plainview, Texas~ also being the City Limit Line of th~ City of Plainview, Texas, to a point in the East line of Lexington Street~ THENCE Northwesterly 21.5 feet along a curve to the left with a radius of 630 feet and a central angle of t° 57~ 27~ to a point of tangency; THENCE North 45o 00' West 245 feet along the East line of said Lexington Street and along the City Limit Line of the City of Plainview, Texas~ to a point; AfiFIDAVIT OF ~PUBiLISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on tl~s day personally appeared ......... :~?~, ~:..o.?.,..~..d. ......... ~o~ to me to be the publMher of the Plainview ~Ierald, a newspaper of general circulation published ~n Plainview~ Hale County; said aewspaper has been continuOUsly and regu- Larly published in said County for a per~od of more than one year; who on oath deposes and says ~hat a copy of the attached was published in the Plainview Daily Herald in and the attached clipping is a .true copy of said publication. ~woTM to and subscribed before me, this .. ~hO~h .......... day of (~C~Q~ ......... Publish~'s Fee $~ ............... NOTICE THE STATE OF TEXAS COUNTY OF HALE KNOW ALL MEN 'BY THESE PRESENTS: That the duly elected and constituted City Council of th~ City of Plainview, Texas, adopted an ordinance on the ~/ day of ~o//~~~ , 1964, declaring a necessity for and ordering the permanent improvement of those certain portions of public streets in the City of Plainview as herein- after listed. That such ordinance provides that the said street and portion of said street as hereinafter defined shall be improved by raising, grading and filling same, and by installing concrete curbs and gutters, concrete valley gutters, and by paving with the following type of material on specific foundation: UNIT NO. 1 and UNIT NO. 2: The paving to be thirty-one feet wide from back of curb to back of curb with three course asphalt and gravel surface over six inch compacted ~liche base. and said ordinance fUrther provides that all ~uah improvementsshall be con- structed in accordance with the plans and specifications therefor which are now on file with the City Clerk of the 6ity of Plainview, and to which plans and specifications reference is hereby made for a more particular descriptior of such improvements. That the portions of public streets to be improved are designated and defined as follows: UNIT NOo 1: Ail that portion of Galveston Street in the City of Plainview, Hale County, Texas, extending from 19th Street to 20th Street. UNIT NO. 2: Ail that portion of Galveston Street in the City of Plainview, Hale County, Texas, extending from 21st Street to 24th S tree t. That said ordinance further provides that the cost of the curb and gutter and a portion of the cost of other construction of said improvements is to be specially assessed as a lien upon the property abutting the said Galveston Street and the portion of Galveston Street which is to be improved and hereinabove set out'and described, and as a personal liability against the owners of such abutting property, such assessments to be payable ,to Bryan & Hoffman, a partnership composed of W. E. Bryan and C. L. Hoffman, Paving Contractors, who have duly entered into a contract with the City of Plainview, and said payments are to be made in accordance with the terms and provisions of said Ordinance of the City of Plainview hereinabove refer- red to. THENCE South 45° 00' West 190 feet along the Northwest line of Comanche Trail and the City Limit Line of the City of Ptainview, Texas, to a North~ Northeast corner of Unit 4, Thunderbird Addition, Piainview, Texas; THENCE North 45° 00~ West 152.52 feet to a point; THENCE North 462.74 feet to a point in the North line of the Southwest 1/4 of ~i~d Section 38, Block o~KJ2; THENCE East 130 feet along the North line of said Southwest i/4 of Section 38 to a point; THENCE North 1,350 feet to a point; THENCE East 617.3 feetto a point; THENCE South 1,!65 feet to a point; THENCE ER~7577.7 feet to a point; ~HENCE South 185 feet to the place of beginning, and containing 39.54 acres of land, more or less, and being out of Section 38, Block JK~2, Hale Count, Texas; 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; ~ECT~ON 2: It is found and determined that the own~s of said tract of land have petitioned the City of Plainview to annex said area ,and to make the same subject to the jurisdiction of the City of Ptainview, Texas; SECTION 3: it is found and determined that Notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainv- iew for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held; ~: It is, therefore, ordained by the City Council of the City of Plainvtew, Texas~ that said Petition, in all things, be granted and that the above described area be~ and the same is, in all respects, annexed to, and made a part the City of Plainvi~ Texas; and, ~: I~ is further determined and ordered by the City Council of the City of Plainview that the above described area from and after the date of this Ord~ inance be subject to the control and jurisdiction of the City of Plainview and be sub- ject to taxes and other assessments which may be levied by law by the City of Plain~ view, Texas ~ PASSED, APPROVED AND ADOPTED, th~s 19th day of October , A.D., 1964. M. B. Hood M. B. HOOD, MAYOR, City of Piainview ATTEST: (Seal) M. L. Rea M. L. REA, City Clerk ORDIi~aNC= NO, 64~839 AN ORDiNA~NCE DECLARING PUBLIC NECESSITY FOR THE I~-~ROVSV~ENT' OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAiNViEW, TEXAS, S~[M2iFYiNG THE ~A~UR~ AND TYPE OF SUCH IMPROVEMENT~ ESTABLISHING THE ~ETHOD OF PROCEDURE THEREOF, ALLOCATING DIVISION OF PAi%~ENT OF COST, PROVIDING RULE FOR APPORTIO~ENT OF COSi, FIXING TiME~ TEi~xfS AN]~ CONDITIONS OF PAI~4ENT OF COST AND PROVIDING ~ND DEFINING ASSESS~ MENTS THEREFOR, SPECIFYING NATURE OF ASSESSMENT LIENS AND PERSONAL. LAIBiLITY, PROVID ING FOilRISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES iN EVIDENCE OF ASSESSMENT-- FOR COSTS, PROVIDING FOR HEARING AND NOTICE OF HEARING FOR ABUTTING PROPERTY OWNERS PRIOR TO ASSESSMENT~ PRESCRIBING THE PROCEDURE FOR SUCH HEARING, DIRECTING CITY ENGINEER TO PREPARE ESTI~V~ATES OF COR~ OF IMPROVEMENT AND A14OUNTS OF PROPOSED ASSESSMENT, PROVIDING FOR PERFORMANCE OF WORK BY CONTRACTRO, PROViDiNG FOR MANNER AND METHOD OF PAY~ENT OF CONTRACTOR, DIRECTING THE CITY CLERtt TO FILE A NOTICE OF THE ENAC~ENT OF THIS ORDIN~CE IN THE MECHANIC'~S LIEN RECORDS, DEED OF TRUST RECORDS, AND DEED RECORDS OF HALE COUNTY, TEXAS, AND DECLARING AN EMERGENCY. 4O BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINViEW, TEXAS: That public necessity exists and requires that the following portions of the designated streets in the City of Plainview, Texas~ shall be improved~ as herein provide, to-wit: UNIT NO. 1: All that portion of Galveston Stzeet in the city of Plainview~ Hale County~ Texas~ extending from 19th Street to 20th Street. UNIT NO. 2: Ail that portion of Galveston Street in the City of P!ainview~ Hale County~ Texas~ extending from 21st Street to 24th Street. That said portions of such deslgnated streets shall be improved by raising~ grading and fitli~ same~ and by installing concrete curbs and gutters, concrete valley gutters~ and by paving with the following type of matezial on specified foundation: UNIT NO. t and UNiT NO. 2: The paving to be thirty~one feet wide from back of curb to back of curb with three course asphalt and gr~vel surface over six inch compacted caliche base~ 3. That the specified improvement of the specific Units as herein designated shall be in accordance with and in conformity to the procedure established and outlined in Chapter 9~ Title 28, Revised Civil Statutes of Texas~ t925~ the terms and provisions of which have heretofore been adopted by the City of Plainvlew~ That the specific improvement of shy specific Unit as herein 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 ~istinct from the assessment levied in any other such Unit~ and the said improvement shall not inter-dependently affect or be affected by the improvement or assessment in any other such Unit, That all allocation of payment for the specific improvement of each specific Unit as herein designated~ sahll be as follows: The total cost of the proposed paving of the said Unit No~ I sha~ be the $~ ot the cost of the various items of construction as bid by the Contractor plus 5% of the sum of these costs for engineering~ The total cost of the proposed paving of the said Unit No. 2 shall be the sum of the cost of the various items of construction as bid by the Contractor plus 5% of the sum of these costs for engineerir~ The cost of the property owner's curb ahd gutter shall be the cost of the curb and gutter as bid by the Contractor plus 5% of this cost for engineering, for that curb and gutter which will be parallel to and of the same length as the abutting property frontage~ The cost of other construction shall be the cost of all other construction other thatn the cost of the property owner's curb and gutter. The property owner's share of the total cost shall be calculated as 100% of the cost of the property owner's curb and gutter plus 75% of the cost of other construe tion. The frontfoot cost to the property owner shall be the property owner's share as defined above divided by the t~tal front footage of the property owner's abutting property~ The City's share of the total cost shall be calculated at 25% of the cost of the other construction. 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 both Unit No. 1 and Unit No. 2) will not' aggregate Such proportion of the o~st specified above~ then there shall be assessed and shall be paid by such abutting property and the owners there6~ a lesser amount~ not to exceed the benefits of the said improvement~ The City of Plainview, after deduction of the sm assessed against the abutt- ing porperty and the owners thereof shall pay the remaining cost of the said im~ provement. That the part of 'the cost of the specified improvement of each specific Unit as herein d ' ~ · eslgnate~ which may be assessed against abutting property and owners thereof in accordance with the Front Foot Plan or Rule. in connection with the above apportiomment~ should it appear that the applica- tion of the above plan or rule would, in the opinion of th~ C'~ . ~-~ ~ - · ~ t~y Coun~t~ O~ Plainview~ in particular cases result in injustice or inequality~ 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 e~anced value to be received by such parcels of property and owners thereof, the equities of such owners and the adjustment of such apportiop=~ent~ 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 of a specific Unit as herein designated shall be as foilows: The amounts assessed against and to be paid by' the abutting property and the owners thereof for such improvement shall be paid in three equal ' ~ ~ ~nstat~men=s, respectively due as follows: The first installment shall be due and payable 10 days after the completion of the specified improvement of such Unit as herein designated and the acceptance of same as satisfactory by the City of Piainview; The second installment shall be due and payable one year after the installment is due and D~yab~ and The third installment shall be due and payable two years after the first install- ment is due and payable~ and all of such amounts so assessed shall bear interest ar~nually from the date the first installment is due and payable until paid at the rate of 6% per a~um/ in connection with the installment payment of the above assessments, it shall be, in addition~ 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 uDpaid balance of such obligation~ Ihat 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 o~ers of such property at said date~ whether named or not. The City Council of Plainview, Texas~ shall cause to be issued~ in the name of ~ City, assignable certificates in evidence of assessments levied, declaring the lien upon the property and the liability of the ~rue~o~er or owners thereof, whether correctly n~ed or not~ and shall fix therein the terms and conditions of such certificates~ (a) The .above certificates shall recite substantially that the proceedings with ze~.erenc_ to making the improvement therein referred to~ have been reguRarly had in compliance ~ith the law, and that all prerequisites to the fixing of the assessment lien against the property described in the said certificate and the per- sonal Iiabt%%~y 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 proo~ thereof shall be required~ and in any suit upon any assessment or re~assessment~ in evidence of which a certificate shall have been issuBd hereunder~ it sha~be sufficient to allege the substance of the recitals in such certificate and that su~ recitals are in fact true, and no further allegation with reference to proceedings relating to such assessment or re-assessment shall be necessary~ 2. Suck assessments shall be collectible 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 ad volorem 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 made against any abutting property or its owners~ ~til 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 and its owners in excess of the special benefits of such property and its owners in the nehanced value thereof by means of such improvement~ 1. In co~uection with the above hearings, the owners of such abutting property or the o~ners 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 !iabi$ity there~ for~ the special benefits to the abutting property and owners thereof by means~of the imporvement for ~n~cn the assessment is to be ievied~ and the accuracy, sufficiency, regularity, and validity of the proceedings and contract in co~ection with such provement and proposed assessment. 2~ In further cor~.ection with the above hea~ings, the City Engineer is hereby ordered and directed to prepare and file with the City~ estimates showing the cost of the specified improve~ent, together with the description of the abutting property~ the names of the owners of such property~ and the amount proposed to be assessed a against each parcel of property, and ali other matters and things required by law in connection with the proposed assessment. (a~) It is provided~ however~ that any mistake ~n ~a~ 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~ invalidate or impair any assessment which may be !evied~ t0~ That the specified in~rovement as herein designated shall be made by Bryan & Hoff~an~ a partnership con~osed 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 Plai~'iew 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~ Ii. That the proportionate part of the specified improvement of the specific Units herein designated, which is chargeable to the City of Plainview as herein provide4, shall be paid out of the funds of the City presently on hand and heretofore allocated for street improvement. i~ in connection with the above payment~ the City of Pla[nview shall not in any manner be liable for the pa}nnent of any sum assessed against any property and the owners thereof for the specified improvement herein ordered, and the said aforesaid Bryan & Hoffman, Paving Contractors~ shall look solely to the said property and the owners thereof for payment of the smns assessed against such respective parcels of property~ but the City of P!ainvie~ shall exercise all of its lawful powers to aid in the ~nforcementsand collection of said assessments. 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, creates an emergency and imperative public necessity for the im~nediate 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 P!ainview~and all r~les 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 ordin~ ance shall take effect and be in force from and after its passage. 13. The City Clerk is hereby directed to ca~se to be prepared a notice of the actment of this ordinance and file said notice with the County Clerk of Hale County~ Texas, said ~otice to be flied on the Mechanic~s Lien Records~ Deed of Trust Records, A~FFI,DAVIT OF PUBiLI.SHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared .......... ~., .aR..e.s...~.:..O.$..~[~.d. ........ ~o~ ~o me to be the publLsher of the Plainview ~Ierald, a newspaper of general circulation published in Plainview, Hale County; said uewspaper 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 copy of the attached was published in the Plainview Daily Herald in ~nd the attached clipping is a true copy of said ~ PublisheL Sworn to and subscribed before me, this ...l(~.th. ......... day of .No.~embez ....... No~ry PubHc~_Hale County, e PublisheFs Fee $ ................ ,\ .~ Notary Publ±c, Hale County Texas Frankie S. Watson and Deed Records of saidCounty. PASSED AifD APPROVED this 2nd day of NOvember ~ A.D., 1964. M. B. HOOD ::~ M. B. Hood, Mayor ~i ATTEST: (Seal) M. L. R~ M. L. Rea, City Clerk ORDINANCE NO. 64~840 AN ORDINANCE ~ .MAKING IT UNLAWFUL FOR APCf PERSON DRIVING OR OPERATING OR iN CHARGE OF ANY ~40TOR VEHiCLE~ A~Ni~LAL OR ~NY OTHER VEHICLE TO !~aIKE, SbTFER OR PERMIT THE SAME TO COME IN COLLISION WITH ANY OTHER VEHICLE, ANI~IAL, PERSON, STREET SIGN~ STREET POST~ WATER PLUG, i~hiiLBOX OR ANY OTHER OBSTACLE OR OBJECT AS SPECIFIED WITHIN THE LIMITS OE PLAiNVIEW: PROVIDING FOR THE ACTION TO BE T~EN BY PERSONS INVOLVED IN SUCH A COLLISION: AND PROVIDING A PEN~TY FOR THE ViOLATiON HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAiNVIEW: SECTION !: NEGLIGENT COLLiSON. No person driving or operating or in charge of any motor vehicle, animal or any other vehicle~ shall by negligence cause~ suffer or permit the same to come in collision with any other vehicle of any nature whatso~ ever, or with any animal~ person, street sign, street post~ water p!ug, mailbox or any other obstacle or object whatsoever in or on any street, roadway or highway, or any other public place whatsoever in the limits of the City. Violation of this section shall be known as the offense of V'negligent col!ision~" MECTiON 2: ACCIDENT iNVOLVING D.&XiAGE TO VEHICLE, The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the require= ments of Section 3 of this Ordinance. Every such stop shall be mmda without ob~ structing traffice more than is necessary. Any person failing to stop or to comply with such requirements under such cirmnmstances shall be guilty of a misdemeanor. SECTION 4: DUTY UPON STRIKING UNATTENDED VEHICLE. The driver of any vehicle which collides with and damages any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in, or securely attached to' and plainly visible, the vehicle struck a written notice giving the nmme and address of the driver and of the owner of the vehicle doing the striking and a statement of the circm~stances thereof~ SECTION 5: DUTY UPON STRIKING FIXTURES b~ON A STREET. The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration n~n~ber of the vehicle he is driving and shall upon request and if avail- able exhibit his operator's co~r~ercial operator's or chauffeur's license~ and shall make report of such accident~ SECTION 6: PENALTY FOR VIOLATION. Any person who shall violate or fail to comply with any of the provisions of this Ordinance shall be deemed guilty of a misdeameanor and upon conviction thereof shall be punished by a fine of not less than $!.00 and not more than $200.00. That no notice other than that hereinabove provided shall be necessary and publication of such notice shall be due and sufficient notice to amy and all persons, firms, corporations and other-parties. That the fact 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, creates an emergency and impera- tive 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 hereby dispensed with and suspended, and this Ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 16th day of November, A.D., 1964. M. B. HOOD, Mayor, City of Plainview ~ ATTEST: M. Lo REA, City Clerk City of Plainview The hearing herein provided for will be h~d in the~CQuncil meeting room of the City Council of the City of Plainview, at the~City~Hall in the City of Plainview, Texas, on the 21st day of December , A.D., 1964, at 7:30 PoM. and will 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. BY ORDER OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, under ~date of November 16th , 1964. A hearing wilt be given and held by and before the City CounCil of the City of Plainview, Texas, to the owners of abutting property or the owners of any interest therein, in any of the Units as hereinbefore designated, at which they shall have the right to be heard on any matter which is a prere- quisite to the validity of the proposed assessment, and to contest the amoun' of the proposed assessment, the lien and the liability therefor, the special benefits to the abutting property and the owners themeof hy means of the improvement forwhich the assessment is to be leuied,rand the accuracy, sufficiency, regularity, and validity of the proceedings and contract in connection with such improvementand proposed assessment. The total estimated cost of constMuCtion of Unit No. 1 and Unit No. 2, the-estimated amounts per front foot proposed to be assessed against 'the owners of abutting property in both Unit No. 1 and Unit No. 2, and the estimated total,aost of the improvements of each said Unit~No. 1 and Unit No. 2 hereinabove described and referred to, is as follows: 0 09 0 0 t 0 ~ 0 0 0 i 0 0 0 Be 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 abutting property or the owners of any interest therein, in any of the Units as hereinbefore 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 lien and the liability therefor, the spe~£al 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, regUlarityand-validity of the pro- rceedings~a~d C~ntract in connection with SUch improvement and proposed assessment. That the hearing herein provided shall 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 21st-day of December, A oD., 1964, at 7:30 P oM., 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 hereby directed to give notice of the time, place and purpose of such hearing, by causing acnotice in substantially the form hereinbelow prescribed to be published in t~ePlainview Daily Herald, a newspaper of general circulation published in the City of Plainview, Texas. ~Such notice shall be by advertisement inserted at least three times in the Plainview DailyHerald, the first of which such publications'shall be at least ten days prior to the date set-herein for hearing, and the form of which notice shall be substantially as follows: 0 hJ 0 © 0 o o © U~ (Iq o o © o o o o o c~ ct" o t~ 0 0 0 0 © WHEREAS, the City of Plainview, Texas, by Ordinance No. 64-839 has heretofore, in'further connection with the above hearing% o_rdered and directed that the ~City Engineer 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; NOW THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PIAINVIEW, TEXAS: That all matters asserted in the Preamble of this Ordi.nance and all matters of fact hereinabove asserted are hereby declared to be true and correct. That the following estimates, rQlls and statements of the City Emgineer of the City of Plainview, Texas, filed in obedience to the directive'r~tated 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: wHEREAs, the City of Plainview, Texas, by Ordinance No. 64-839 has heretofore determined that publicnecessity 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: Ail that portion of G~tv. eston Street 'in the City of Plainview, Hale County, Texas, extending from 19th Street to 20th Street. UNIT NO. 2: Ail that portion of Galveston Street in the City of Plainview, Hale County, Texas, extending from 21st street to 24th Street. and WHEREAS, the City of Plainview, Texas, by Ordinance No. 64-839 has heretofore determined that'said portions of such designated streets shall be improved by raising, grading and filling same, and by installing con- crete curbs and gutters, concrete valley gutters, and by paving with the following type of material on specified foundation: UNIT NO. 1 and UNIT NO. 2: The paving to be thirty-one feet wide fram back of curb to back of'=urb With three course asphalt and gravel surface over six inch compacted caliche base. and wHEREAS, the City of Plainview, Texas, by Ordinance No. 64-839 has heretofore provided that no assessment~for the specified improvement of the specific Units as herein designated shall be made 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 assess- ment shall be made against any abutting~property or owners thereof in excess of the special benefits of such property and its owners in the enhanced value thereof by means of such improvement; and WHEREAS, the City of Plainview, Texas, by Ordinance No. 64-839 has heretofore provided, in connection with the above hearings, that the owners ~ su~h_abu~ting.p~operty or the owners af any'interest therein, shall have ne righter such bearing'to be heard on any ma~er-'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 of the improvements 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; and AN ORDINANCE ASSERTING 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 REARING, ORDERING CITY GI.gRK TO GIVE NOTICE OF THE TIME, PLACE AND PURPOSE OF SUCH HEARING, PRESCRIBING SUBSTANCE OF FORM OF SUCH NOTICE, AND DECLARING AN EMERGENCY. A~i~FI.DA¥1T O'F PUBLISHER THE STATE OF TEXAS, Cour~ty of Hale. Before me, the undersigned authority, on this day personally appeared ..... .~..~..e~. ~,...o..~.w>..~ ............. '~o~ to me to be the publisher of the Plainview ~Ierald, a newspaper of general circulation published in Plainview, Hale County; said newspaper has been continuously and regu- [arly published in said County for a period of more than one year; who on oath deposes and says that a copy of the attached was published in the Plainview Daily Herald in and the attached clipping is a true copy of said publication. Publisher, Plainview, Texas . .D.e..c.....l~. ~ ....... :[9..~.~ Sworn to and subscribed be£ore me, this ~..t.h .............. day of ...~.e.c..e.m..b.e..r ...... Ehlblisher's Fee $ ................ ORDINANCE NO. 6&-S&3 AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON PORTIONS OF TWENTY-FOURTH STREET IN THE CITY OF PLAINVIEW: ESTABLISflING A SCHOOL ZONE: AND PROVIDING A PENALTY. WHEREAS, 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 the operation of vehicles under the conditions found to exist in the hereinafter specified locations on Twenty-Fourth Street in the City of Plainview, is as follows: On Twenty-Fourth Street from State Highway No. 194 to Columbia Street, forty (40) miles per hour· with the exception that the speed limit between Independence Street and Kokomo Street on Twenty-Fourth Street should be declared a school zone· and the speed limit on that portion of said Twenty-Fourth Street should be twenty (20) miles per hour on Mondays through Fridays of each week between the hours of 8:00 A.M. and 4:00 P.M.; and that the maximum safe speeds on said street at the locations herein des- cribed are the speeds herein designated; and that on said Twenty-Fourth Street between Independence Street and Kokomo Street in the City of Plainvtew should be established as a school zone for the protection of school children and, that therefore during the times and hours herein specified the mextmum speed for the safety of school children and others on such part of Twenty-Fourth Street in the City of Plainvtew should hot be more than twenty (20) miles per hour; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That the speed limit on Twenty-Fourth Street in the City of Plalnvtew at the locations hereinafter designated, shall be as follows: On Twenty-Fourth Street between State Htgh~ay No. 194 and Street· forth (40) miles per hour; Kokomo 0nTwenty-Fourth Street between Kokomo Street and Independence Street, twenty (20) miles per hour between the hours of 8:00 A.M. and 4:00 P.M. on Mondays, Tuesdays, Wednesdays· Thursdays, and Fridays of each week· and forty (40) miles per hour at any other time; On Twenty-Fourth Street between Indepen4ence StreeT, forty (40) miles per hour; Street and Columbia That. it shall be unlawful for any person operating a motor vehicle which is self-propelled to operate said motor vehicle at a speed greater that that which is heretnabove designated as the speed limit on the above designated portions of Twenty-Fourth Street in the City of Plainview. 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 therof shall be punished by a fine of not less than $1.00 and not more thatn $200.00. PASSED AND APPROVED this 16th day of November · A.D. · 1964. M. B. HOOD MAYOR, City of Plainview ATTEST: (Seal) SETH WARD BAPTIST CHURCH By its trustees: Raymond. Hart le¥ RAYMOND HARTLEY John Dave¥ JOHN DAVEY CALVIN PALMER Bill Woodard BILL WOODARD F. B. Harkins F. B. HARKINS ATTEST: (Seal) Evelyn,Hartley E~ELYN HARTLEY, Secretary ORDINANCE NO. 64-845 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 BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HDARING TO BE HELD PERTAINING TO THE INSTITUTION OF 'SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD: AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW: AND MAEING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAtNVIEW, TEXAS o WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, by Seth Ward Baptist Church, owners of the hereinafter described land, 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: All of Lots Nos. 3 and 4, in Block C, Hiway Addition to the Town of Plainvtew, Texas, in Hale County, Texas; and WHEREAS, prior to the institution of said annexation proceedings and pursuant to said petition, notice of a public hearing ~to be held pertaining to the institution of said am~exation proceedings by~he~;City of Plainview was duly given, by publishing smme in the Platnview Daily Hearld in accordance with the requirements of the statutes of the State of Texas, and said public hearing was duly held; and AFFIDAVIT OF PUB!LISHER THE STATE OF TEXAS, County of Hale. Before me, the undersigned authority, on this day personally appeared ..... ~..~..e.s.. ~....o..s~.~..~ ............. -~o~ to me to be the publisher of the Plainview ~Ierald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper has been continuously and regu- larly published tn said County for a period of more than one year; who on oath deposes and says that a copy of the attached was published in the Platnview Daily Herald in its issues of ...... ~.o..v.e.,rfl~?.r...2~,..]zg~. and the attached clipping is a true copy of said publication. / Publisher, Plainview, Texas ... ~Q.V.,. Sworn to and subscribed before me, this .... ~6.~'1 ......... day of . No.-~embac ...... Frankie S. Watson Publisher's Fee $ ................ 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 the owners of said tract of land have petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. 9ECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainv- view for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION &: It is found and 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 annexed to,-and m~de a part of. the City of Plainview. Texas/ SECTION 5: It is further determined and ordered by the City Council of the City of Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by law by the City of Platnvtew, Texas. PASSED, APPROVED AND ADOPTED this 196&. 7th day of December , A.D, M. B. HOOD M. B. HOOD, Mayor, City of Plainview (Seal) M. L. REA ~. M. L. REA, City Clerk, City of Plainview ORDINANCE NO. 6&-846 AN ORDINANCE GRANTING TO PIONEER NATURAL GAS COMPANY THE PRIVILEGE TO CONSTRUCT, ERECT AND MAINTAIN GAS LIGHTS ON EACH SIDE OF BROADWAY STREET IN THE CITY OF PLAIN- VIEW BETWEEN THE STREETS OF SIXTH, AND SEVENTH, SEVENTH AND EIGHTH, EIGHTH AND NINTh, AND FIFTH AND SIXTH: PROVIDING THE TERMS AND CONDITIONS UNDER WHICH SAID PERMISSION IS GIVEN: AND PRESCRIBING RILLES AND REGULATIONS GENERALLY PURSUANT TO THE ERECTION, MAINTENANCE AND OPERATION OF SAID GAS LIGHTS. WHEREAS, the Do.tOwn Merchants Association of the City of Plainview had made known to the City Council of the City of Plainvtew their desire to install gas lights on each side of Broadway Street between the Streets of Sixth and S~venth, Seventh and Eighth, Eighth and Ninth, and Fifth and Sixth in the City of Plainview, the proposal being that the gas lights will be installed pursuant to an agreement between Pioneer Natural Gas Company and the individual merchants having businesses fronting said street and the Downtown Merchants Association of Platnview; and WHEREAS, a s a part of the proposal Pioneer Natural Gas Company and the Downtown Merchants Association have agreed that this project shall be done without cost or Company to bebound thereby and to comply therewith. The said gas lights are to be moUnted at a height of seven or eight feet and on a three and one-half inch heavy steel l~st set in a concrete base. Except as provided herein~ further specifications will not be required by the City~ but are to be in compliance with the agreement between the interested merchants or property owners with businesses oi property ownerswith businesses or buildings fronting said street. SECTION 2: The gas lights are to be installed on each side of Broadway Street in each of the long blocks between Sixth and Seventh, Seventh and Eighth, Eighth and Ninth, and the short block between Fifth and Sixth. SECTION 3: There shall be maintained and in use at all.times at least six lights on each side of the blocks hereinabove described. SECTION ~: Said gas lights shall be owned by Pioneer Natural Gas Company and Pioneer Natural Gas Company shall have the responsibility and duty of the maintaining said lights, Reimbursement for the maintenance of s&&d lights shall be included in the rates hereinafter provided for. SECTION 5: The billing for the lights and their cost and maintenance shall be separate from the regular billing for gas used through the regular meters of the said gas company, and failure to pay for the billing of said gas lights shall not be grounds for refusal to furnish gas paid for through regular meters of the users. SECTION 6: The installation of said gas lights, their location and the manner of installation sahll be in accordance with the requirements set forth by the Building Official of the City of Plainvie~ and the City Engineer of the City of Plainview. SECTION 7: If at any time less than six lights are maintained and kept in use on each side of each block above described, then the s&idlights in said block shall be removed by and at the cost and expense of Pioneer Natural Gas Company, SECTION 8: The installation of said gas lights, including the laying of gas lines in connection therewith sahll be made by the Pioneer Natural Gas Company in good substantial and safe condition and shall be maintained in such condition at all times by Pioneer Natural Gas Company and at its cost and expense. SECTION 9: All installations pertaining to said gas lights made by Pioneer Natural Gas Company ahhll be made in good~ substantial and safe condition and shall condition and sah11 be maintained in such condition at all times. In the installation or maintenance of said gas lights, Pioneer Natural Gas Company sahll make no excava- tions in the streets~ a11eys~ or other public places without first procuring a written permit from the governing body of the City or its agents or representatives. The surface of any street~ alley or other public place disturbed by Pioneer Natural Gas Company &~e~nstructing~ erecting~ maintaintng~ operating or repairing its installa- tion of said gas lights shall be restored immediately by Pioneer Natural Gas Company after the completion of the work to as good a condition as before the commencement of the work, and such surface shall be maintained at the cost of Pioneer Natural Gas Company to the satisfaction of the City fOr a period of one year from the date such surface of said street~ alley or pbblic place is broken or excavated for such con- struction or maintenance work~ after which time responsiblity for the normal mainten anco ~,hvch surface shall become the duty of the City. No street, alley or public place shall be encumbered for a longer period than shall be necessary to execute the work and location of all facilities of Pioneer Natural Gas Company pertaining Co said gas lights. SECTION 10: Pioneer Natural Gas Company shall indemnify and save the City whole and harmless from any and 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 gas lights of any other appurtenance in connection therewith or any other operation or action inconnection with the maintenance of said gas lights. The said Pioneer_Natural Gas Company hereby agrees to indemnify and save harmless the City of Plainview from all claims, damages and liability vhiehvould nae hav~ aet~ ~e A~F~FIDAVIT OF PUB!LISHER THE STATE OF TExAs, Couniy of Hale. Before me, the undersigned authority, on this day personally appeared ..... ~.~.e?...s.....cl. ~..~.a.~ ............. ~own £o me to be the publisher of the Plainview EIerald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper 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 cc~py of the attached was published in the Plainview Daily Herald in its issues of ............D?.?o.~..b?..r...~,... ...19.~. .................................... and the attached clipping is a true copy of said publication. Plainview, Texas ...t).qg.o..~ ..... 19.~.~. Sworn to and subscribed before me, this ..... ~.'~h ........ day of .. ~.Q~ll~bt~.-~ ..... ~"~ N6t a~ PubliC~r~{~nt~'.T~li son Publisher's Fee $ ................ .,The charges shall be paid by the businessmen or merchants requesting the installa- tion, and the responsi~lity for collecting same shall be that of Pioneer Natural Gas Company and under no circumstances shall the City of Plainview be liable or responsible for said charges. SECTION 12~ The City of Platnview shall not under any circumstances be liable for any cost or expense in connection with the entire gas light project, undertaking and proposal hereinablve described and referred to. SECTION 13: This Ordipmnce and the conditions of this agreement may be extended to other blocks in the City of Plainview by motion of the City Council, but the terms and conditions hereof shall apply wherever gas lights are installed on City streets or alleys in the City of Platnview. SECTION 14: Pioneer Natural Gas Company shall have ten (10) days after final passage of this Ordinance in which to file its written acceptance thereof with the governing body of the City, and upon such acceptance being filed, this Ordilmnce shall take effect and be in force from and after the date of its passage and shall ~ffectuate and make binding the agreements herein contained, and such acceptance shall constitute the agreement of Pioneer Natural Gas Company, in consideration of the privileges hereby granted by the City, to keep and perform all of the terms, condi- tions and provision of this Ordinance, and all of the terms and conditions and provi- sions of this Ordinance shall upon such acceptance be a binding agreement and contract between the City of Platnvtew and Pioneer Natural Gas Company. PASSED AND APPROVED this 21st day of December A.D., 196 4 . M. B. Hood MAYOR, City of Plainvtew ATTEST: (Seal) M. L. Rea CITY CLERK, City of Plainvtew ORDINANCE NO. 64-847 AN ORDINANCE DESIGNATING CERTAIN STREETS IN THE CI,TYOF PLAINVIEW AS TRUCK ROUTES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The following streets in the City of Plainview are hereby designated as truck routes; Fifth Street Twenty-Fourth Street Quincy Street Columbia Street Date Street SECTION 4: The Building Official is hereby prohibited from issuing any building permit or building permits for any structure or str~ctures within any wet weather lake area, and that p~t of every ordinance authorizing the issuance of building permits insofar as the same may relate to land within any wet weather lake area is hereby epealed. SECTION 5: The Planning and Zoning Co~lmisston shall refuse to approve any sub- division plat or replat within its jurisdiction until the City Engineer bas certified that no part of the areas proposed to be platted is within a wet weather lake area. SECTION 6: Nothing in this ordinance shall prevent an excavation of wet weather lake areas or the use of such excavated materials to-make fills in the wet weather lake area for the purpose of contracting the high water level contour line in any natural storm water lake area to the end of salvaging the greatest amount of usable land; provided, however, that the Planning and Zoning Commission shall not approve any plat on filled land without the certificate required in Section 5 thereof and unless the filled land has an elevation above the high water level contour line sufficient to permit conStruction of curb and gutter with a minimum grade of .2 of one per cent (15) for the drainage of storm water to the storage area, and provided further, however, hat this requirement shall be waived in the event storm water draiD~ge systems are installed and of sufficient capacity to transport s~rm drainage to the storage area. SECTION 7: If required by the City Engineer, the owner or subdivider shall submit with his plat or replat a contour map showing the proposed plat and its relation to any wet weather lake area in the vicinity of ~he land sought to be platted. The map shall show the high water level and the entire wet weather lake area together with the land sought to be platted, showing elevations in detail with contour elevation Hnes of no greater than one foot (1t) of vertical measurement. SECTION 8: In the event that any person affected by this ordinance desires to appeal the decision of the City Building Official, the City Engineer, or the Planning and Zoning COmmission, the appeal shall be made to the City Council. SECTION 9: This ordina~e shall not prohibit the construction of any public ~ork, the extension of any public utilities or the paving' of any roadway or the loca- tion and improvement of any public park, in any wet weather lake area when the project is planned or the contract approved by or is done under the supervision of the City Engineer and the project, public work, extension Of public utility or paving, is not designed or calculated to decrease the water holding capacity of the lake area in- volved. SECTION 10: The provisions of this ordinance are declared to be severable and cumulative, and if any portion or section is held unconstitutional by a court of competent~jurisdtction, the remaining portions shall nevertheless be valid the same as if the invalid portion had not been a part thereof. PASSED AND APPROVED this 21st day of December , A.D., 1-96 ~ . ATTEST: (Seal) 14. B. HOOD 14AYOR, City of PXainview M. L. ,REA City CX~erk, City of Platnvtew ORDINANCE NO. 64-849 AN ORDINANCE CLOSING THE HEARING IN CONNECTION WITH SPECIFIED IMPROVEMENTS OF CERTAIN DESIGNATED PORTIONS OF CERTAIN DESIGNATED STREETS IN THE CITY OF PLAINVIEW, TEXAS, STATING THE EVIDENTIAL FINDINGS OF THE CITY COUNCIL IN REGARD TO SUCH IMPROVEMENTS CONCERNING THE CONTRACT AND DECLARING THAT NO ASSESSMENTS SHALL BE LEVIED. WHEREAS, the City of Plainview, Texas, by Ordinance No. 54-839 has heretofore determined that public necessity exists and requres.that the following portions of the designated streets in the City of Plainview, Texas, shall be improved as therein provided, to-wit: UNIT NO. l: All that portion of Galveston Street in the City of Plainview, Hale County, Texas, extending from 19th to 20th Street. UNIT NO. 2: All that portion of Galveston Street in the City of Plainview, Hale County, Tex~s, extending from 21st Street to 24th Street. and WHEREAS, the City of Plainview, Texas, by Ordinance No. 64-839 has heretofore determined that said portions of such designated streets shall be improved by. raisin~, grading and filling same, and by installing concrete curbs and gutters, concrete' valley gutters, and by paving~with the following type of material on specified foundation: UNITE NO. 1 and UNITE NO. 2: The paving to be thirty-one feet wide from back of curb to back of curb with three course asphalt and gravel surface over six inch compacted caliche base. and WHEREAS, by Ordinance No. 64-842, the City of. Plainview, Texas, has heretofore in entirety, 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 improvement of each specific Unit as hereinbefore designated, 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 requred by law in connection with the proposed assessment; and WHEREAS, by Ordinance No. 64-842, the City of Plainview, Texas, heretofore ordered that a hearing be given and held by and before the City CoUncil of the City of Plainview, Texas, to the ~wners of abutting property or the owners of any interest ~erein in any of the Units as hereinbefore designated, at which they should 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 liablity therefor, the special benefits to the abutting property and the owners thereof by means of the ~mprovement 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; and WHEREAS, by Ordinance No. 64-842, the City of Plainview, Texas, provided that such hearings be held in the Council Meeting Room of the City ~6uncil of the City of Plainview, at the City Hall in the City of Plainview~ Texas on the 21st day of December A. D. ,1964, at 7:30 P.M., and continued from time to time until the pur- poses thereof were, in the opinion of the Council, fully accomplished; and WHEREAS, by Ordinance No. 64-842, the City Clerk of the City of Plainview, Texas, was directed to give notice of the time, place and purpose of such baring causing notice, in substantially the ~rm prescribed, to be published at least three ~t~khe ~}tY ~a~i! ]~,th~i~sufi ]2ai~rl~ 'Texas~ on the 21st day of December, A.D., 196&, at 7:30 P.M., the City Council of Plainview, Texas, held such hearing, where the owners of abutting property and-the ,0~ners. Of~any interest therein were fully and fairly heard in all respects in conformity with the law; and WHEREAS, 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 ~HEREAS, at said hearing, the following persons appeared and each of them being sworn, testified as follows: Dan McNaughton was duly sworn and testified that he was a qaalified appraiser, that he was familiar with the value of the parcels of property proposed to be assessed~ He testified concerning each parcel of property and testified that on the basis of his appraisal that none of the parcels of property, (with the exception of six parcels,) as described in the notice of the hearing and notice of proposed assessments, would be eD_hanced in value by reason of the improvements. That a record of his testimony was made and is made a part hereof by reference. After hearing said testimony the council finds that none of the parcels of property proposed to be assessed (with the exception of six parcels) will be eilhanced by the improvements as much as the cost of the im- provements and that the total amount of the assessments plus the amount of the City's share of the cost will not equal the total bid of Bryan and Hoffman. That Bryan and Hoffman acting by and through their attorney have called the attention of the City to this matter and have expressed their willingness as well as their desire to terminate the contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVlEW: That all matters asserted in the Preamble to this Ordinance are hereby declared to be true and correct. That the hearing heretofore ordered by Ordinance No. 6&-S&2 of the City of Platnvtew, in connection with the specified improvements of the following specific units as herein designated is hereby closed: UNITE NO. 1: All that portion of Galveston Street in the City of Plainview, Hale County, Texas, extending from Igth Street to 20th Street. ~IT NO. 2: All that portion of Galveston Street in the City of Plainview, Hale County, Texas extending from 21st Street to 24th Street. That the City Council of the City of Plainvtew, Texas from the evidence finds: 1. That the assessments proposed to be levied against the respective parcels of property abutting upon the said portions of the said streets and against the owners of such property exceed the enhancement of all of the parcels of said property with the exception of six said parcels. 2. That the total amount of the assessments exceed the total amount of the enhancement by the amount of $3,301.51. 3. That, therefore, the Council declines to make said assessments for the reason that the amount of the enhancement as to each of said parcels of property and as to a majority of said parcels of property will not equal the cost of improve- ment $. &. That said hearing be closed and that the Council, for the reasons state4, ~le~l'~tf~s ~-t~o~-~fe ~e ~s~e's~m~,~l, ',theft '?th% offer and suggestion of Bryan & Hoffman, the contract heretofore entered into with them for the improvements of the above AGREEMENT TERMINATING THE CONTRACT WITH BRYAN & HOFFHAN PERTAINING TO ORDINANCE NO. 84-849 STATE OF TEXAS I COUNTY OF HALE ~ ~HEREAS, a contract for improvements of Unit No. 1 and Unit No. 2 situated on Galveston Street was entered into by and between the City of Plainview and Bryan and Hoffman~ a partnership, which s~ld contract is dated November 12, 1964, and is here referred to for all purposes; and WHEREAS, at the hearing in regard to the assessments, testimony was introduced -showing that the amount of the enhancement does not equal the amount of the cost of the improvement, but that the cost of the imporvement exceeds the amount of the enhancement by $3,301.51; and WHEREAS, under the law it is necessary in order to make a valid assessment that the enhancement of the value of the parcel of property again'st which the assess- ment is made equal the .~cost of the improvement. Due to said situation, City of Plainview and Bryan and Hoffman agree to and do hereby terminate and cancel the above and foregoing contract pertaining to the improvement of specific units designated in the contract as follows: UNIT NO. 1: All that portion of Galveston S~reet in the City of Plainvtew Hale County, Texas, extending from 19th to 20th Street. UNIT NO. 2: All that portion of Galveston Street in the City of Plainview, Hale County, Texas, extending from 21st Street to 24th Street. IT IS FURTHER AGREED that all liability of the City, Bryan & H~ffman and the property =~ners owning property abutting Galveston Street in the Units hereinabove described is hereby terminated and the proposal to make assessment liens is hereby terminated and for the purpose of eliminating the possibility of any cloud upon the title of any of the property affected by sa{d intention to improve the property abutting Galveston Street in the Units hereinabove described, both City of Plainview and Bryan and Hoffman do hereby declare that no assessments were nuade and whatever liabilities maY have existed by the passage of the ordinance pertaining to said assessments against the property or the property owners is hereby terminated, cancelled and declared to be of no force and effect. WITNESS our hands th~s 7th day of Januar7 , A. D. 196 5 . CITY OF PLAINVIEW By: M.B. HOOD Mayor M. B. Hood BRYAN AND HOFFMAN By: W.E. BRYAN W. E. BrYan, a Partner STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared M. B. HOOD, known to me to be the person and officer whose name is subscribed to the foregoi~ng instrument, and acknowledged to me that he executed thesame.for the purposes, and consideration therein expressed, in the capacities therein stated, andas the,act and A~FFI,DAVIT OF PUB~LISHER THE STATE OF TEXAS, Cour~ty of Hale. Before me, the undersigned authority, on this day personally appeared ....... Jsm~. ~.. ~ s~aLd ........... known to me to be the publisher of the Plainview Herald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper 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 copy of the attached was published in the Plainview Daily Herald in its issues of ...... ~.e?..u~.r~. ~.~. ~?~.~.. and the attached clipping is a true copy of said publication. Publisher, Plainview, Texas ...~..e.h... Sworn to and subscribed before me; this ..... .~%h ........ day o~ ,E~hrw.~,rT,v. ....... Publisher s Fee $..~.~ .0.. ~/.~.. STATE OF TEXAS COUNT OF HALE BEFORE ME, the undersigned authority, on this day personally appeared W. E. Bryan, a Partner, known to me to be the person whose mame 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 2nd day of January A.D. 196 5 BILL LA FONT Notary Public, Hale County, Texas ORDINANCE NO. 65-850 AN ORDINANCE PROVIDING THAT THE MAXIMUM SPEED LIMITS FOR SCHQO~ZONES SHALL NOT APPLY TO SAID ZONES DURING THE SCHOOL VACATION.MONTHS IN THE SUMMER I~..SCHOOL IS NOT IN SESSION; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING A PENALTY FORagE VIOLATION THEREOF' ~ WHEREAS, the City of Plainview has various ordinances establishing school zones and regulating the speed of vehicles in such zones; and WHEREAS, in the summer vacation months when school is not in session, it is not '~x necessary for the safety of school children to maintain said school zones; NOW, ~ THEREFORE, BE IT-ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:~ SECTION 1: During the summer months of each year when school is in vacation and beginning one week after school has closed in the spring and terminating one week before school~opens in the fall, the maximum speed limit for school zones shall be the lowest speed limit established for either block adjacent to each end of the school zone. SECTION 2: lln the event that summer school or any.other type of school should be conducted at the school adjacent to any school zone during the summer months, the said school zone speed limit shall remain in full force and effect. SECTION 3: During that portion of the year when school is in session, the speed limit for school zones established by ordinances heretofore passed shall not be affect- ed in any manner by the passage of this ordinance. SECTION 4: The Director of Public Safety, Health and Welfare of the City of Plain- view shall place appropriate signs at said school zones so as to inform the public of the maximum speed limits in all such school zones, both during the times when school is in session and during the months when school is not in session for vacation. SECTION 5: The provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reasen be held to be invalid or unconstitutional, such decision shali 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 stanq notwithstanding the invalidity of any part. SECTION 6: Any person violating any of the provisions of this ordinance shall. ORDINANCE NO. 55-851 AN ORDINANCE DEFINING NUISANCE PERSONAL PROPERTY; DIRECTING REMOVAL AND IMPOUNDING OF SAME WHEN FOUND IN PUBLIC PLACES; PROVIDING A LIEN THEREON AND SALE TO SATISFY LIEN AND REDEMPTION BEFORE AND AFTER SALE; PROVIDING FOR NOTICE OF SALE, POSTING AND ADVERTISING THEREOF AND NOTICE BY REGISTERED MAIL TO OWNERS OF MOTOR VEHICLES; PRESCRIBING PROCEDURE FOR AUCTION SALE, DISPOSITION OF PROCEEDS; VESTING TITLE IN AUCTION BUYER; DEFINING JUNK; DIRECTING ITS SALE AND DISPOSAL OF PROCEEBS THEREOF; KEEPING RECORDS AND PRESCRIBING FEES; AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: D~CLARING CERTAIN PROPERTY A NUISANCE AND UTHORIZING IMPOUNDING - Any vehicle or other porperty or obstruction, including signs, trash receptacles, barrels, or any other type of article or structure, placed, left standi~, parked erected or lyin~ in violation of a~y ordinance of the City of Plainview or left unattended for more than forty-eight (~8) continuous hours in or on any public street alley, side-walk, park, or on the right of way of any City street or highway, or public place of said City is declared to b~ a nuisance, and any such property when so found shall be removed summarily by any police officer of the City of Plainview and taken to the police pound and shall be kept there until redeemed or sold as herein provided. SECTION 2: LIEN ON IMPOUNDED PROPERTY - The City of Plainview shall have a lien on such. impounded personal property for all costs incurred in fmpoundin~, storing, .and advertisin~ such property and such lien shall be prior and superior to all other liens of every k!~md, save and except liens for ad volorem taxes, and the City may :retain possession thereof until all costs are paid any may sell the same as herein ]provided. SECTION 3: REDEMPTION - The owner ok any person legally entitled to possesSion of such impounded personal property may redeem the same as follows: (a) Before sale - By payin~ to the Chief of Police the impounding fee and any other actual expenses incurrred by the City in impoundfn~ and keepin~ the impounded ]property, as determined by the Chief of Police. (b) After sale - By paying to the buyer at the auction sale double the amount paid by him for such personal property and any reasonable expenses incurred by him for keeping sae, provided that the said property must be redeemed from the auction lbuyer within thirty (30) days after the date of the auction sale, excludin~ the date of sale; otherwise, title to said property shall become absolute in the auction lbuyer. SECTION 4: PORPERTYTO BE SOLD - When any personal property, other than motor vehicles, is not redeemed within sixty (60) days after bein~ impounded, and when a~y motor vehicle is not redeemed after compliance by the by the Chief of Police with t~he provisions of Section 6 hereof, the Chief of Police shall sell the same at Public auction to satisfy the lien of the City. SECTION 5: PROCEDURE FOR PROPERTY OTHER THAN MOTOR VEHICLE - Before selli~ such personal property, other than motor vehicles, the Chief of Police shall post l~wo notices thereof, one at the Courthouse door of Hale County, Texas, and one at the City Hall in Plainview, Texas, and shall cause a copy thereof to be published !in a newspaper published in the City of Plainview once a week for two consecutive ~eeks, the date of the first publication to be at least fourteen (14) days prior to f~he date of the auction sale. The notice of sale shall describe the impounded ]property, state that the same is unredeemed, state that the same will be sold at ]public auction, designate the place of sale, and state a time and date of sale which shall not be less than fourteen (14) days from the date of postin~ such notices as required herein. SECTION 6 PROCEDURE FOR MOTOR VEHICLES - When any motor vehicle has not been ~FF[DA¥1T OF PUBiLISHER THE STATE OF TEXAS, CounSy of Hale. Before me, the undersigned authority, on tl~is day personally appeared ....... .4 .aC...~. ~..B. :...O.s..w.a.1..d. .......... to me to be the publisher of the ?la:nview Herald, a newspaper of general circulation published in Plainview, Hale County; said newspaper ~as 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 copy of the attached was published in the Pla:nview Daily Herald in its issues of ............................... ............. ......... and the attached clipping is a true copy of said publication. // Publisher, Pla:nview, Texas Feb. $ % 19. 6~ Sworn to ~d subscribed before me, tMs ..... htk ........day of ...F. eb~ .... .ING SALE~ CEEiSS~ TION BUYER; ~:'D DIRECTING ITS "~AkE' AND DIS- POSAL OF PROCESS IHEREOF;}:~ CRIBING FEES} AND A SEVERABILt~ C~USE. ~s n' O~'~D ~Y ,~H~ cOUNCIL. ~F ~ C{TY ~F P~& N- VIEW; AND AU~ obstruction. ceptacles, of a~icle' standing, parked, ~e~eeted . violatien 6f~a{~ etd:n/race of the of , hours alIey, so' fom~d ~'f~arly police of~, df '~che City. of~ ,'1~lai~vie.wi~a?d ricer taken tO thet polic~ pounff and 'shahne k~pt th~r~ yuntil redeemed or sold, as he'em pr6-4t de~l. of impounded costs ing, and { such lien to and sion and may sell- .tl~e pame,~, provldcd;~ ~ owner sonal prape~y. ,~ay ge~m~, t . . ,.~_ ~o~;o,~~' (a~. ed b~ fished narc the place- "~ime and date of sale be less than fourteen 145 the :date or posting such quit~d herein. ~Shalt post and advertise said notices in the manner requred in the preceding sect- ion. Notive by Registered mail to the address shown on the records of said Highway Dep~rtment shall consittute notice of the p4nding sale of such owner and lienholders. · When the Chief of Police is unable toascertatn the names of the owner and lienholders, and the motor vehicle has not been redeemed within forty-five (45) days from its impounding, no notice of sale other than posting and advertising as herein prescribed shall be required. SECTION 7: SALE OF PROPERTY - When any impounded property, including motor -vehicles, is not redeemed by the date and time designated in said notice of sale, the Chief of Police shall sell such property at public auction, and, as City AuCtion- eer, shall execute bill of sale of said property to the purchaser thereof; provided, he shall not execute or deliver any but a conditional bill of sale unless and until the title of said buyer has become absolute by an expiration of thiety (30) days in time, exclusive of the day of sale, without being redeemed by the o%mer of the pounded property. SECTION 8~ DISPOSAL OF PROCEEDS OF SALE. After deducting the impounding fee and all other actual expenses incurrrd by the City in impounding, storing and selling of said property, as determined by the Chief of Police, not to exceed a reasonable amount for each impounded article, he shall pay the balance of the proceeds of such sale, if any, to the owner of the property, If the owner fails to call for such pro- ceeds they sahll be paid into the city treasur~. Within six (6) months after such ~ auction sale, the owner may apply in writing to the Chief of Police, and upon satis- factory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the City Treasury. sEcTION 9: JtfNK - Impounded property which is. offered for sale at public auction in accordznce with the procedure herein prescribed herein and upon which no person bids, shall thereafter be sold or otherwise disposed of in the same manner as proceeds from an auction sale under this Ordinance. SECTION 10: RECORDS AND FEES - (a) The Chief of Police shall k~p a record book which shall contatn a description of all property impounded, the date and time of such impounding, the dates notices of sale were posted and advertised and mailed to owners and ltenholders, the return of receipts of registered notices, the date of the sale at auction, the amount realized for each article at such sale, the name and address of the owner and lien holders, if known, the name and address of the auction buyer, and any such other information as he may deem necessary. (b) _ The following fees shall be charged under this Ordinance and shall be paid into the City Treasury: (1) For taking and impounding any personal property - Three Dollars ($3,00); (2) For preparing advertisements of sale for each article - Fifty cents ($,.50); (3) For selling each article - Fifty cents ($.50); (4) For posting notices of sale relating to any one article - Fifty cents ($.50). SECTION 11: In the event any section or portion of this Ordinance shall be declared invalid or unconsttutional, such will not affect the validity or other provisions, of the remaining portions of said Ordinance. PASSED AND APPROVED this 18th day of Januar~ .., 1965. ATTEST: (Seal) M. B. HOOD MAYOR, City of Plainview ORDINANCE NO. 55-852 AN ORDINANCE PROHIBITING THE PLACING OR MAINTAINING OF ANY KIND OF SIGNS FOR ~THE PURPOSE OF ADVERTISING ANY PRODUCT OR BUSINESS OR THE MAINTAINING OR PLACING OF ANY KIND OF STRUCTURE ON HIGHWAY OR STREET RIGHT OF 'gAY WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW WITHOUT THE APPROVAL AND EXPRESS PERMISSION OF THE CITY COUNCIL AS E~fPRESSED BY RESOLUTION; PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: IT ~hall be unlawful for any person, firm, associatbn, or corporation to place or maintain a sign of any kind designed for the purpose of advertising of any proudct or business, or any other kind of article or structure for the purpose of advertising, on the right of way of any street or highway within the City Limits of the City of Plainview. SECTION 2: It shall be unlawful for any person, firm, association orcorporation to place or maintain any man-made structure or article of any kind on any right of way of any street or highway of the City of Plainview without the express permission of the City Council of the City of Plainview as expressed by resolution passed by the City Council at a regular session. SECTION 3: If any article, sign, structure or obstruction of any ~ind is placed' or left upon the right of way of ahy City street or highway, it sh~ll be sun~narily removed as provicded in Ordinance No. 55-851 of ~he City of Plainview, and all of the terms and provisions and sectioms of said ordinance pertaining to such article, structure, or sign as provided in skid Ordinance No. 65-851 of the City of Plainview shall apply to such article, sign or structure. SECTION 4: 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 unconstitutional, 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 notw!thstanding the invalidity of any part. SECTION 5: 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) and each and every day ~his ordin- ance is violated shall constitute a separate offense. PASSED AND APPROVED this 18th day of Januar7 , A.D., 1965. M. B. HOOD MAYOR,~City of Plainview ATTEST: (Seal) M. L. REA: CITY CLERK, City of Plainview A~FFIDAVIT OF PUBiLISHER THE STATE OF TEXAS, Couuty of Hale. Before me, the undersigned authority, on this day personally appeared ....... L J~mes. B...O~wald .......... known to me to be the publisher of the Plalnview Herald, a newspaper of general circulation published in Plalnview, Hale County; said newspaper ~as been continuously and regu- larly pubIis~ed in said County for a period of more th.~.n one year; who on oath deposes and says that a copy of the attached was published in the Plainview Daily IIerald in and the attached clipping is a true copy of sai~b~lication. Publisher, ~worn to and subscribed before me, this .. ~L ........... day of ...F. ebr. uar~ .... Publisher's Fee ,~FFIDAVIT OF ,PUBiLISHER THE STATE OF TEXAS, Cour~ty of Hale. Before me, the undersigned authority, on this day personally appeared ......... 4..a~..e.~..B.,..Q~.w.a. %d. ......... ~ow-n Lo me to be the publisher of the Plainview Eerald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper has been continuously and regu- [ariy pubIished in said County for a period of more than one year; who on oath deposes and says that a copy of the attached was published in the Plainview Daily Herald in and the attached clipping is a true copy of ' ..... :""' Publishe~, .... Plainview, Texas ..~.o.b..~.~..a.~..7..~. !., ~worn to and subscribed before me, this · .~Qh ............ day of . .F..e.b.r..ll.~.ry.... Publisher's Fee $.~.Z. fund, to-wi t: The sum $937.50. For. the following purpose: To purchase equipment needed to provide traffic control signs. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity thatthe nile requiring proposed ordinances to be presented at two (2)i separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage.~ AND I T I S SO ORDERED. Passed by the Council on this l. Sth day of January _, 19 65 .. Mayor .... M. B. HOOD ATTEST: , M. L. REA City Secretary ORDINANCE NO. 65-8.5.4. AN ORDINANCE AMENDING SECTION 48, ARTICLE II, CHAPTER l&, OF "THE CODE OF THE CITY OF PLAINVlEW, TEXAS, I957", BY DELETING FROM SCHEDULE & OF SAID SECTION THE LANGUAGE "EIGHTH ST.. - 100 BI/{. EAST 8th ST... BR(tADWAY TO ASH ST. - NORTH". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL~.%NVIEW: SECTION 1: Schedule & of Section 48, Article II, Chapter l&* of" The Code of the City of Platnview, Texas, 1957" is hereby amended by deleting from said Schedule A of said Section, the following: Eighth St. 100 Blk. East 8th St. Broadway to North SECTIO_ _N 23 Hereafter vehicles on that portion of Eighth Street herein- above set out in Section 1 hereof shall park the same parallel with the edge of the street of road~ay as provided in Section 63, Article II, Chapter I&, of "The Code of the City of Platnvlew, Texas, 1957.,~ SECTION_ _-3:. Any person viOlatin~ or failing to comply with any provisions of this Ordinance shall be deemed ~uilty of a ~tademeanor and punished as provided by Section 77, Article IV, Chapter l&, of "The Code of the City of Plainview, Texas, 1957." PASEED AND APPROVED this 1st day of FebrUarlf, A.D., 1965. ATTEST: (Seal) M. B. HOOD Iw~yoR, City of latnview CITY CLERK, Ci~f of Plai'n~i~- NO,ICg OF REGULAR ELECTION TO BE HELD IN AND FOR THE CITY OF PLAI NV/EW ELECTING PUBLIC OFFICERS FOR SAID CITY Notice is hereby given of an electiOn to be held in and for the City of Plainvtew on the first Tuesday in April of 1965, the same being the 6th day of April, 1965, for the election of the officers as hez~inafter named for the City of Plainview. The ordinance providing for the election and setting out the officers to be elected and other pertinen~ information in regard thereto is as follows: ORDINANCE NO, 65-8.5_5 -~ AN ORDINANCE OLLING AND SETTING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PLAINVIEW TO BE HELD ON THE FIRST TUESDAY IN APRIL OF 1965, THE SAME BEING THE SIXTH DAY OF SAID MONTH, FOR THE ELECTION OF TWO ALDERMEN~ DESIGNATING THE PLACE WHERE SAID ELECTION IS TO BE HELD; A~ APPOINTING PRESIDING OFFICIALS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: S~ction 1~ 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 Platnview on the first Tuesday in April of 1965, the same being the 6th day of said month, for the election of the officers as hereinafter named for the Cit~ of Platnview. Section__ 2.: Said election shall be held in the Municipal Building of the City of Platnvtew, which is located at 710 West Fifth Street in the City of Platnview, which said building is also'known as the Chamber of Commerce Building; and, the City Hall, which is located at 901 Broadway, and the entt~e City shall constitute two (2) elections precincts. PRECINCT 1, consisting of all that part of the City lying North of Tenth Street, voting at the new City Hall, and ~R~C.INCT 2, consisting of all that part of the City lying South of Tenth Street, voting at the Chamber of Commerce Building. Sec_tio_~ ~ Said election shall be conducted by the following who are hereby appointed and designated as officials of said election, to-%tit: Precinct 1~ Presiding Judge .......... _ Alternate PreSiding Judge ._ , ............... Clerk ,, ---. Clerk ....... . Precinct 2: 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 the presiding Judge in the event of the absence of that official hereby appointed presiding Judge for the election as heretnabove designated. ~i~FIDAVIT OF iPUBLISHER THE STATE OF TEXAS, CounZy of Hale. Before me, the undersigned authority, on [his day personally appeared ..... .z..a~..e~. ~:....o.~.v.~.~. ........... -k~ow~ to me to be the publisher o'f the Plainview [Ierald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper has been continuously and regu- larly published in said County for a period of more %han one year; who on oath deposes and says that a copy of the attaohed was published in fhe Plainview Daily Herald in its issues o~ .... .S. .... .F.e..b.r..u.a.r.z..lf, .... 196~ and the attached clipping is a true copy of said publica~on. Publisher, Pla{nview, Texas . .~e.b o..]..~, ...... i9. .~ .~ Sworn to and subscribed before me, this ....1.~..%.h. ......... day of ~ .~..~.]Q%~J.~'~ ..... Frankie~,. Watson Publisher's Fee $. ,~.. z~. '~. out in Section 2 above. Section 6___..~ Notice of said election shalI be given by posting or publication of a copy of this ordinance, and at the top of which shall appear the words "Notice of Regular Municipal Election for the Purpose of Electing Officers of the City of Plainvte~'. Thirty (30) dayst previous notice of said election shall be given by posting a copy of this ordinance in three (3) public places in said C~ty of Plainvtew, one of which shall be at the polling places; or by publication in some newspaper of general circulation in said City of Platnview0 PASSED AND APPROVED on this the :- 1st .... day of February , A.D., 1965. ATTEST: (Seal) M.. B.,,~OOD , M. B. HOOD, MAYOR __M. L. M. L. REA, City Cl'er~ ORDINANCE NO. 65-856 AN ORDINANCE AMENDING SECTION 48, ARTICLE II, CHAPTER 14, OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957", BY DELETING FROM SCHEDULE 4 OF SAID SECTION THE LANGUAGE "SEVKNTH ST..- 100 BLK. [4ST 7TH ST. - BROADWAY TO ASH ST. -NORTH".~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Schedule 4 of Section 48, Article II, Chapter 14, of "The Code of the City of Platnview, Texas, 1957" is hereby amended by deleting from said Schedule & of said Section, the following: Seventh St. 100 BIk. East 7th St. Broadway to Ash St. North SECTION 2: Hereafter vehicles on that portion of Seventh Street herein- above set out in Section 1 Hereof shall park the same parallel with the edge of ~he street or. roadway as provided in Section 63, Article II, Chapter l&, of "The Co~e of the City of Pla~nview, Texas, 1957". SECTION 3 Any person violating or failing to comply with any provisions of this' Ordinance shall be deemed guilty of a misdemeanor and punished as provided by Section 77, Article IV, Chapter 14, of "The Code of the City of ~Ia~nview, Texas, 1957". PASSED AND APPROVED this lstday of February, A.D., 1965. ATTEST: (Seal) MAYOR, City of Platnview ORDINANCE NO. 6'5-857 AN ORDINANCE ANNEXING AND INCORPORATING INTO l'rlE CITY LIMITS OF THE CITY OF PLAIN VIEW, TEF2~S, AN AREA ADJACENT THERETO; AND FINDING AND DETERMINING THAT PETITIONS FtAVE BEEN DULY SIGNED BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEI4 HAS BEEN GIVEN AND THAT SUCtt PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; AND MAKING SAID AREA SUBJEI:T TO THE ~flRISDICTz~ ION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, by M. D. Carroll and wife, Susie Carroll, owners of the hereinafter described land, petitioning the City Council of the City of Ptainview to annex and admit the roll'owing described area and territory into the City of Plainview, Texas, to.wit5 All of Lots Nos. 5 and 6, in Block C, Hiway Addition to the Town of Plainview, in Hale County, Texas; and 14HERF2~S~ prior to the institution of said annexation proceedings and pur- suant to said petition, notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainvtew was duly gtv~n~ by publishing same in the Platnview Daily Herald in accordance with the require- ments of the statutes of the State of Texas, and said public hearing was duly held; and %IHEREAS, the City Council finds that all of said area is contiguous to the present City Limits of the City of Plainvtew, and that it is desirable, expedient and for the best interest for the residents of said area and for the City of Plainvtew that said area be armexed to the City of Plainview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW.' SECTION 1'- It is found and determined by the City Council that the follow- ing described tract of land, to-wit: All of Lots Nos. 5 and 6, in Block C, Hiway Addition to the Town of Plainview, in Hale County, Texas; and all of which ].and lying and being situated in Hale Copnty, Texas, is contl- guous to the City Limits of the City of Plainview, Texas. SECTION 25 It is found and determined that the owners of said tract of land have petitioned the City of Platnview to annex said area and to n~ake the same subject to the jurisdiction of the City of PlatnView, Texas. SECTION 3~ It is found and determined that notice of a publtc hearing to be held pertaining to the institution of annexation proceedings by the City of PI&inviewfor the purpose of annexing said area to the City of Plainview has b~en duly given in accordance ~ith the statutes of the State of Texas, and that said public hearing has been duly held. SECTION A5 It is found and determined and ordained by the City Council of the City of Platnview, that said petition in all things be granted and that the above described area be and the same is in all respects annexed to and made a part of the City of Platnview, Texas. SECTION 55 It is further determined and ordained by the City Council of the City of Plalnview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of A~FFIDAYIT OF ~PUBiLISHER THE STATE OF TEXAS, CounSy of Hale. Before me, the undersigned authority, on this day personally appeared ........... .J.'.~..e..s..~..,...o.s..wR.1..d. ...... to me to be the publh~her of the Plainview Herald, a mewspaper of general circulation published in Plainview, Hale coUnty; said newspaper has been continuously and regu- larly published in said County for a peMod of more than one year; who on oath deposes and says that a copy of the attached was published in the Plahuview Daily Herald in and the attached clipping is a true copy of said publication. Publisher, ~worn to and subscribed before me, this ....~¥ ........... day of ..F.e.b...~..e~.r.~'. ...... ~.~?~.~.~..~ Z/ ~),~~ ~ublisher's Fee ,~FFIDAVIT OF 'PUBiLiSHER THE STATE OF TEXAS, Cour~y of Hale. Before me, the undersigned authority, on this day personally appeared ....... .J..~...e..s..~.....o..s~.~ .~. .......... ~own Lo me to be the publisher of the Plainview Herald, a newspaper of general circulation published in ?lainview, 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 copy of the attached was published in the Plainview Daily Herald in ~nd the attached clipping is a true copy of said publication. Publisher, Feb. l, 65 Plain~ew, Texas ................... ~worn to and subscribed before me, this ...... .~.$.t. ........ day of ..F.e..b..~..a.r.y. ...... Publisher's Fee $ ..... ORDINANCE NO. 65-858 AN ORDINANCE ANNEXING AND INCOP~PORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TFJ~%S, AN AREA ADJACENT THERETO: AND FINDING ;~ND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LAND O%{NERS AND THAT NOTICE OF A PUBLIC HEA~{ING TO BF. }{ELD PEKTAINING TO THE XNSTII~CTION OF SUCH ANNEXATION PROCEED- INGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HA3 BEEN DULY HELD: AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW: AND MAKING SAID AREA SUBJECT TO THE JURI~SDICTION OF T}{E CITY OF PLAINVIEW, TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainvie~, Texas, by Lonjon, Inc,, a corporation owner of the herein- after described land together .with a majority of the residents of said area, petitioning the City Council o~ the City of Plainview to annex and admit the following described area and territory into the City of Ptainvtew, Texas, to-wit; BEGINNING at a point 1595.0 feet East of the S. W. corner of Section 35 Block JK-2, Hale Count~~ Texas, in the South line of said Section 35 and 275 f_eet East of the S. W. corner of Revised Edgemere Heights Addition, City of PI&inview, Texas~ THENCE South 35 feet to a pointl THENCE S 89°59t50~ E 126.6 feet along a line 35 feet South from and parallel to the South line of said Section 35 to a point; THENCE North 70 feet to a potnt~ THENCE East 510.0 feet along a line 35 feet North from and parallel to the South line of said Section 35 to a point~ THENCE N 0°02,10- %{ 33.5.15 feet along the east line of Block 1, Edgemere Heights Addition, Plainview, Texas~ to the beginning of a curve~ THENCE Northwesterly 107.A2 feet along a curve to the left with a radius of 2AO. AA feet and a central angle of A0°36'38" to a point offreverse curve in the East line of said Block 1, Edgemere Heights Addltion~ THENCE Northwesterly 237.75 feet along a curve to the right with a radius of 335.&A feet and a central angle of &0°36'38" to a point of tangency in the east line of said Block I, Edgemere Heights Addition, said point also being in the east line of Block I, Revised Edgemere Heights Addition, City of Plainvtew, Texas; THENCE N 0002!10, W 283.45 feet along the East line of Lot 5, Block said Edgemere Heights Addition, to the begin~ing of a curve; THENCE Northeasterly 226,.97 feet alon~ a curve to the right with a radius of 291.61 feet. and a central angle of ~°36'10", along EAST line of said Lot 5, Edgemere HeiF=hts Addition to its N. E. cozu~er, said point also being the N. E. corner of Lot 5, Block Revised Edgemere Helghts Addition; THENCE N 45026, W 175.O feet along the N. E. line of said Lot 5 to a point; THENCE N 89° 17~ W 21.63 feet to a point; THENCE S 46° 52, W 188.O2 feet along the N. W. line of said Lot THENCE M 43° 08, W 222, 35 feet to a point in the N. W. line of said Revised Edgemere Heights Addition; THENCE S 46° 52, 20" W 102.9 feet to a point; THENCE S 46° 51' 50" W 297.1 feet along the N. W. line of said Revised Edgemere Heights Addition to a point; THENCE S 42° 59~ 50" W 188.0 feet to the West Nort/~west corner of Block 1, Revised Edgemere Heights Addition; THENCE S 47° 00, 20" E 376.0 feet to a point; THENCE South 721.8 feet to the Place of Beginning and containing 18.30 acres of land, more or less; and WHERE~iS, prior to the institution of said annexation proceedings and prusuant to said petition, notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainview SECTION 1: It is found ~and determined by the City Council that the ~ollow- described tract of land to-wit: BEGINNING at a point 1595.0 feet East of the S. W. corner of Section 35, Block JK-2, Hale Cotlnty, Texas, in the South line of said Section 35 and 275 feet East of the S. W. corner of Revised Edgemere Heights Addition, City of Platnview, Texas; ~T~ENCE South 35 feet to a point; THENCE S 89° 59' 50" E 126.6 feet along a line 35 feat South from and parallel to the South line of said Section 35 to a point; THENCE North 20 feet to a point; ~{ENCE East 510.0 feet along a line 35 feet North from and parallel to the South line of said Section 35 to a point; THENCE N 0° 02' 10" W 335.15 feet along the east line of Block Ed~emere Heights Addition, Platnview, Texas to the beginning of a curve; THENCE Northwesterly 107.42 feet along a curve to the left with a radius of 2&O.~d, feet and a central angle of 40° 36' 38" to a point of reverse c~rve in the East line of said Block 1, Edgemere Heights Addition; THENCE Northwesterly 237.75 feet along a curve to the right with a radius of 335.4& feet and a central angle of 40°36~38" to a point of tan~ency in the east line of said Block 1, Edgemere Heights Addition, said point also being in the east line of Block 1, Revised Edgemere. Heights Addition, City of Plainvtew, Texas; THENCE N 0° 02, 10" W 283.45 feet along the East line of Lot said Edgemere Heights Addition, to the beginning of a curve; THENCE Northeasterly 226.97 feet along a curve to the right with a radius of 291.61 feet and a central angle of /~o 36, 10", along the East line of said Lot corner~ ~aid~'poi~'~l~6<-b~ih~ ~6N. E. corner of Lot 5, Block'2~ Revised Edg~mere HeightsAddttton; THENCE N 45°. 26' W 175.O feet along the N. E. line of said Lot 5 to a point; THENCE N 89° 17' W 21.63 feet to a.potnt; THENCE S 46 to a point; THENCE N 43° 08' W 222.35 feet to a point in the N. W. line of said Revised Edgemere HeightsAddttion; THENCE S 46° 52~ 20" W 102.9 feet to a point; THENCE S 46° 51' 5~' W 297.1 feet along the N, W. Line of said Revised. Edgemere Heights Addition to a point; THENCE S 420 59' 50" W 188.O. feet to the West Northwest corner of Block 1~ Revised Edgemere Heights Addition; THENCE S 47° 00' 20" E 376.0 feet to a point; THENCE South 721.8 feet to the place of BeginRing and containing 18.30 acres of land, more or !ess; and all of ~hich land lying and being situated in Hale County, Texas, is contiguous to the City ~tmits of the City of Plainvte~ Texas. SECTION 2~ It is found and determined that the owners of said tract~ of land have petitioned the City of Platnvtew to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. SECTION 31 It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Platnviewhas been duly given in accordance with the statutes of the State of Texas, and that said public heartmg has been duly held. SECTION &~ tt is found and determined and ordered by the City Council of the City of Plainview, Texas, that said petition in alt things be granted ~n~ ~hatth~ above-described area be and the same is in all respects annexed 1965. PASSED~ APPROVED AND ADOPTED, this 15t__~h day of February , A. D. ATTEST: (Seal) M. B. HOOD M. B. HO-oD, Ma~~r, City of Plainview · M.L.:. 1~ M. L. REA, City Clerk .ORDINANCE NO. 65-859 AN ORDINANCE PROVIDING A METHOD AND MEANS BY ~P~IICH SURPLUS REAL P~PERTY OF THE CITY OF PLAINVIEW SHALL BE DISPOSED OF; PROVIDING A hqgTHOD AND MEANS AND REGULATIONS BY WHICH PROPERTY OF THE CITY WHICH IS TO BE LEASED: PRO- VIDING REGULATIONS FOR THE DISPOSAL OF SURPLUS PERSONAL PROPERTY OWNED BY THE CITY OF PLAINVIEW: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1~ (a) Before any real property of the City of Plainview ts sold or offered for sale~ the same shall first be declared surplus property by resolution duly adopted by the City Council. (b) The Ct tyYmnager shall then have the property appraised by a competent appraiser and the appraised value determined. (c) The Ct~j Manager shall then advertise for sealed bids offering the property for sale to the highest bidder, but the noeice shall notify all prospective buyers and bidders that no bid will be received, accepted or entertained that is less than the ~ppraIsed value fixed by the appraiser. The notice shall state when the appraised value is and that no bid under that amount will be accepted or entertained. (d) The City Attorney will then prepare a sale contract with the provisions pertaining to sale to be contained therein, except for the consideration to be paid~ (e~? ~ A]~.t bidders shall be notified in the notice that their bid must be accompanied by a cashier, s check or certified check payable to the City of Piainview, for at least ten per cent of their bid. (f) The notice shall notify all prospective bidders that if the bid is accepted, the said check payable to the City of Platnview will be held and forfeited to the City of Plainview in the event that the bidder fails to comply with the terms and provisions of the sale contract in the event that his bid is accepted. (g) All checks received with the bids that are rejected shall be returned to the bidder.. (h) The contract of sale may provide for furnishing the C~y. ~Quncll of the City of Plainview reserves the right to reject any and all (k) When the highest bid for cash is accepted by the City Council, the property shall be conveyed pursuant to a resolution passed by the City Council authorizing the Mayor to' sell and convey said property for the cash consideration agreed upon. (1) Wherever there are limitations and exceptions to be retained in the deed or referred to in the deed as to the title of the tract of land to be conveyed, the same shall be referred to in the contract of sale, which is to be prepared prior to the time the sealed bids are adver- tised for. SECTION 2: Whenever it is determined by the City Counci~ of the City of Platnvte~ that any property owned by the City Should be leased ~for a term of time in excess of a lease from month to month, or for one month at a time~ the same procedure prescribed for the sale of City property shall be followed%rlth the following variations; (a) The terms of the lease shall be prepared and the lease agreement shall be prepared with the name of the lessee and the consideration to be paid left blank, and the same shall be filed with the City Clerk in the same manner as is prescribed in Section 1 above pertaining to the con- tract.of sale wherein property is to be sold. (b) The minimum lease value per month or for the term for which the property is to be leased shall be determined by a competent appraiser and no bid shall be accepted for the lease of said property for less than the appraised value as determined by said appraiser. (c) The said lease shall be prepared by the City Attorney prior to advertisement for the bids as provided herein. He shall advise with the City Council to determine whether or not the terms and provisions of the lease a~reement are acceptable with the City Council. This shall be done prior to the time that bids areadvertised for. (d) The advertisement for sealed bids may offer to lease the same for a single cash consideration to be paid in advance or for a monthly or anntlal rental to be paid in advance. (e) The City Council may if it so desires prescribe in the notice that a certain amount of monye accompany the bid of each prospec- tive bidder and provtded~that the same shall be forfeited to the City if the prospective bidder fails to enter into the lease agreement for the lease of said property pursuant to his said bid. (f) in the lease of said property, it is hereby prescribed to be the policy of' the City Council that the financial arability and char- acter of the prospective bidder for the lease of City property for a' tez~a of years shall be considered, and the Council reserves the right to reject any and all bids~without question. (g) These rules and regulations for the lease of City property shall also apply in all cases where City property is now leased, and the sal'd lease is terminating; however, in such cases the procedure above prescribed may be complied with prior to the termination of any present lease and providing that the 'lease to be entered into %~iI1 begin as of ~the date of the expiration of any lease that is in existence at the time the City Council takes action in regard thereto. (h) In the event of any commitments made by the City Council prior to the passage of this Ordinance for the lease of sai-d property in regard to which said commitment is made, this Ordinance and the terms hereof shall not. apply to the lease of any property in regard to which there APPLICATION FOR ANNEXATION TO THE HONORABLE CITY COUNCIL OF THE CITY OF P}~INVIEW: Now Come M. C. HANNA, LOYD BELKand GRADDY TU1C~IELL, owners of the area described below herein and respectfully petition the City Council of' the City of PlainvieW to annex to the City of Plainview the following described area, to-wit: Lots. Sixteen (16) through Twenty Three (23), both inclusive, in Block Six (6), ~. Th~underbi~%Add~ition, UniC #5 Co the Town of Plainview, Hale County, Texas, blin~ owned by GRADDY TUNNELL and more particularly described as follows: BEGINNING at a point 780 feet East and 929.28 feet North of the S.W. Corner of Section 38, Block JK-2, Hale County, Texas; THENCE North 185 feet to a S.W. Corner of Unit #2, Thunderbird Addition to the Town of Plainview, Hale County, Texas; THENCE East 522.5 feet along a South line of said UniC #2 Co a point; THENCE South 185 feet along the West line of-said Unit #2 to a point; THENCE West 522.5 feeC to the PLACE OF BEGINNING and containing 2.22 acres of land, more or less; and, Lots Four (~) through Eleven (I1), both inclusive, Block Four (~) and Lots Seven (7) through Twenty Two (22), both inclusive, Block Five (5), Thunderbird Addition, Unit #5 to the City of Plainview, Hale County, Texas being owned by ~. C. HANNA and LOYD BELK and more particularly described as.follows: BEGINNING at a point 798°5 feet.East and &6&.6& feeC North of the So~. Corner of Section 38, Block JK-2, Hale County, Texas; THENCE North &6&.6& feet to a point; THENCE East 50& ~eet to a point in a ~est line of Unit #2, Thunderbird Addition to the Town of-Plainview, Ha'le County, Texas; THENCE South &6~o6&kfeet to the S.S.W. Corner of-said Uni~ #2; THENCE ~est 50~ feet to the PIA~E OF BEGINNING and conCainin~ 5,38 acres of land, more or less; In connectionwith Chis petition and application for annexation the undersigned will respectfully show to the Honorable City Council of the City of Plainview as foillows: ThaC M. C. HANNA, LOYD BELKand GRADDY'TUNNELL are the owners of all the land described above, except that portion included in streets and alleyways which the undersigned have heretofore dedicated to the public. II. That said land and area is contisuous to the City Limits of the City of Plainview,~ and is accessible to City Water and City Sewer. WHEREFORE, Petitioners respectfully request that said area and territory here- inabove described be annexed Co the City Of Plainview and 'brought within its City Limits. M, C. Hanna M. C. Hanna Loyd Belk Loyd Belk Graddy Tunnell Gl/Al)DY TUNNELL STATE OF TEXAS {} COUNTY OF HALE ~ BEFORE ME, t:he undersigned authority, on this day personally appeared and NOTICE OF ANNEXATION PROCEEDINGS TO ,BE INSTITUTED BY THE CITY OF PLAINVIEW Notice-is hereby given pursuant to an application made by M. C. HANNA, LOYD RELE, and GRADDY TUNNELL, that there will be held before the City Council of the City of Plainview, on:the 15th day of March ,'A.D~ 1965, beginning at 7:30 P.M. at the regular meeting place of the City Council in the City Hall of the City of Plainview, a public heartng~ at which all interested persons will be giyen an o~por- tunity to be heard~pertaining tothe annexation to the City'of Plainview'of'the following described territory: Lots Sixteen (16) through Twenty Three (23), both inclusive, in Block Six (6), Thunderbird Addition~ Unit #5 to ~he Town of Plainview, Hale, Count~Texas~ being owned by M. C. HANNA and LOYD BELK and more particularly described as follows: BEGINNING at a point 780,feet East and 929.28 feet North of the S.~. C Corner of Section 38, Block JK-2, Hale County, Texas; THENCE North 185 feet to a S. W. Corner of Unit #2, Thunderbird Addition to the Town of Ptainview, Hale County~ Texas~ THENCE EaSt 522.5 feet along a South line of said Unit #2 to a point~ THENSE South 185 feet along the West line of said Unit #2 to a point~ THENCE ~est 522.5 feet to the PLACE OF 5EGINNING and containing 2.22 acres of land, more or less; Lots Four (&) through Eleven (11), both inclusive, Block Four (&) and Lots Seven (7) through Twenty Two (22), both inclusive, Block Five (5), Thunderbird Addition, Unit #5 to the City of Plainview, Hale County~ Texas .being owned by M. C. HANNA and LOYD BELK and more particularly described as follows: BEGINNING at a point 798.5 feet EaSt-and ~6&o6& feet North of the S. W. Corner of Section 38, Block JK-2, Hale County, Texas THENCE North &6&.6& feet to a point; THENCE East-50& feet to a point in a West line of Unit #2, Thunderbird Addition to the Town of ~Plainview, Hale County, Texas; THENCE South feet to the S.S.W. Corner of said. Unit #2~; THENCE West §O& feet to the PLACE OF BEGINNING and containing 5.38 acres of land, more or less. Signed: M.B. HOOD M. B. HOOD, Mayor~ City of Platnview A~FFIDAVIT OF PUBLISHER THE STATE OF TEXAS, Couniy of .Hale. Before me, the undersigned authority, on thi~ay personally appe~ed ~ ~Ierald, a newspaper of general circulation published in Plainview, Hale County; said aewspaper 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 copy of the attached was published in the Plainview Daily Herald in and the attached clipping is a true copy of said publication. Sworn to and subscribed before me, this SECTION 4: Whenever the City Coumctl determines that personal property belongin~ to the City of Plalnv~ew is surplus property ahd no longer needed by the City, it shall be disposed or by accepting sealed bids orby public auction as may be determined by the City Council. SECTION 5: It shall be unlawful for any officer or employee of the City, either directly or indirectly, to submit bids or to purchase at any sale any personal property or lease ~n~ real property, or to purchase any real property, which is either sold ~o~l~ased pursuant to the provisions of this Ordinance, or to submit sealed bids~or acquire ownership of any real property or personal property sold by sealed bids or o~er~ise, nor to lease any property owned by 'the City, pursuant to the provisions of this Ordinance. In the event that it should be d~termtned that any officer or employee of the City has either directly or indirectly became the purchaser or lessee at any such sale or lease, then upon proper proof of such circumstances, the said officer or employee of the City violating any provisions'of this Section of th~s Ordinance shall forfeit his office or employment,. SECTION 6: No property of the City, whether real or personal, shall be sold on any terms except for cash. PASSED AND APPROVED this 15th day of Fe~ruarF , 1965. ATTEST: (Seal) .M..B.. HOOD M. ~. HOOD, Mayor ..... M. L. REA M. L. REA, City ,ORDINANCE NO. 65-860 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 BY THE LAND O~JNERS AND THAT NOTIEE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLZC HEARING HAS BEEN DULY HELD; A~D ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; AND ~KING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. WHEREA3, a petition has been signed and filed with the City Clerk of the-City of Plainview, Texas by M. C. HANNA, LOYD BEI/<, and GRADDY TUNS~LL, owners of the hereinafter described tracts of .land, pe~ttioning 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: Lots Sixteen (16) through Twenty Three (23) both inclusive, in Block Six (6), Thunderbird Addition, Unite #5 to the City of Plainview~ Hale County, Texas, being owned by GRADDY TUNNELL and more particularly described as follows: BEGINNING at a point 780 feet East and 929.28 feet North of the S. W. Corner of Section 38, Block Jt(-2, Hale County, Texas; T~NCE North 185 feet to a S.W. Corner of Unit #2, Thunderbird Addition to the Town of Plainview, Hale County, Texas; THENCE BEGINNING at a point 798.5 feet East and 464.64 feet North of the S. W. Corner of Section 38, Block JK, 2, Hale County, Texas; THENCE North 464.64 feet to a point; THENCE East 504 feet to a point in a West l~ne of Unit #2, Thunderbird Addition to the Town of Plainview, Hale County, Texas; THENCE South 464.64 feet to the S.S.W. Corner of said Unit #2; THENCE West 504 feet to the PLACE OF BEGINNING and containing 5.38 acres of land, more or less; and all of said lots above described, Lots Sixteen (16) through Twenty Three (23) both inclusive~ Block Six (6), Thunderbird Addition, Unit #5 to the Town of Plainview, Hale County, Texas, owned by GRADDY TUNNELL; and Lots Four ~l~ven (11), both inclusive, Block Four (4); and Lots Seven (7) through Twenty~ Two (22), both inclusive~ Blcok Five (5), Unit #5 to the Town of Plainview, Hale County, Texas, owned by LOYD BEll(and M. C. HANNA, being located on that certain tract of land lying and being situated in Hale County, Texas and more particularly described as follows: BEGINNING at a point 798,5 feet East and 464.64 feet North of the S.W. Corner of Section 38, Block JK-2~ Hale County~ Texas; THENCE North 464.64 feet to a point; THENCE West 18.5 feet to a point: THENCE N~mth at 75 feet pas a 2" pipe set in concrete for a control monume~ in all 185 feet to a S.W. Corner of Unit #2, Thunderbird Addition to the Town of Plainvtew, Hale County, Texas; THENCE East 522,5 feet along a South line of said Unit #2, Thunderbird Addition, to a point; THENCE South at 110 feet pass a second 2" pipe set in concrete for a control m~nument~ in all 649.64 feet along the West line of said Unit #2, Thunderbird Addition, to its S.S.W. Corner; THENCE West 504 feet to the PLACE OF BEGINNING and containing 7.60 acres of land more or less; and ~ WHEREAS, prior to the institution, of said annexation proceedings and pursuant to said petition, notice of a public hearing to be held pertaining tothe institu- t~on of said annexation proceedings by the City of Plainview was duly given~ by publishing same in the Plainview Daily Herald in accordance with the requirements of the Statutes of the State of Texas~ and said public hearing was duly held; 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 Plain- view that said area be annexed to the City of Plainview; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVlEW: SECTION 1: It is found and determined by the City Council that the following described tract of land, to-wit: Lots Sixteen (16) through Twenty Three (~3), both inclusive, in Block Six (6), Thunderbird Addition, Unit #5 to the City of Plainview, Hale County, Texas; and Lots Four (4) through Eleven (1I), both inclusive, Block Four (4) and Lots Seven (7) through Twenty ~o (22), both inclusive, Block Five (5), Unit #5 Thunderbird Addition to the Town of Plainview, which said property is more ful~y described hereinabove; and all of which land lying and being situated in Hale Co~lnty, Texas, is contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that the owners of said tract of land have petitioned the City of Plainview to annex said area and to make the same sub- ject to the jurisdiction of the City of Plainview~ Texas SECTION 3; It is found and determined that notice of a public hearing to be Published Every A~ternoon Except Saturday With Enlarged Sunday Mornin~:~d:ition Plamwew Daily H ald PUBLISHED BY ALLISON COMMUNICATIONS, IN~ ~ 801 BROADWAY -- PHONE CApitol 4-484g -- P.O. ~BO~ 91_/ Plainview, Texas 'E OF TEXAS ) OF HALE ) ME, the undersigned authority, on this day personally appeared . ~:...0..,.~.~.a.,.. Bus~ .~. ~?~ ................................................ (Title) Daily Herald, a newspaper of general circulation published in Texas, who stated on oath that the attached instrument was pub- each of the following dates, to-wit: ...... ~a. rc.h.. 3 .......... ................................................ A. D. 19....6.5... (Title) .-.:.,7._~ze_. ',. 2?,00 SUBSCRIBED AND SWORN TO BEFORE ME this ....2.7%..h ..... day of ...~Jay. ........ A.D., 19 ....6..5 ...... Notary Pubhe, Hale County, ORD. ~)65-861 The Best Investment FOr-Your Advertising Dollar SECTION 5: M. C. HANNA, a member of the City Council did not participate in discussion in connection with this application and abstained from voting on this ordinance when the same was called for a vote. SECTION 6: It is further determined and ordained by the City Council of the City of Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by law by the City of- Plainview, Texas. PASSED, ADOPTED AND APPROVED this 1965. 15th day of march , A.D., ATTEST: (Seal) M. B. HOOD ~YOR, City of Plainvlew M. L. REA CITY CLERK, City of Plainview ORDINANCE NO. 65-861 AN ORDINANCE ANNEXING AND INCORPORATING iNTO THE CITY LIMITS OF TIIE CiTY OF PLAi~TiEW, TEXAS, AN AREA ADJACEN~f THERETO; AND FINDING A5rD DETER_MiNING THAT PETITIONS HAVE BEEN DULY StGN~D BY THE i~iND OWNERS' AND TI~kT NOTICE OF A PUB!~IC HEARING TO BE HELD PERTAIN - lNG TO TP~. INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAiNViEW BEEN GIVEN A_ND THAT SUCH PUBLIC HEARING H~ BEEN DULY HELD~ AND ANNEXING SAiD AREA TO TH~ CITY OF PLAI~v'IEW; AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAi~IEW~ TEXAS. WHEREAS, a petition has been signed and filed with the City Clerk of the City of Ptainview~ Texas~ by M. C. Haruna, owner of the hereinafter dmscribed land, petition- ing 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: BEGINNING at the N. E. Corner of Brock Addition, Unit No~ 6, Piainview, Texas which.point is 462.46 fee~ North and 1,260 feet West of the S. E. Corner of Section 27~ Block JK-2~ Hale County, Texas; THENCE West at 205 feet pass a 2' pipe set in concrete for a control monument, in a!l~ 355 feet to the N. W. Corner of said Brock Addition~ Unit No. 6~ ~ENOE North at 1:52t~6~ pass a point which bears West ~,150 feet from a second THENC~ North ~9 43.22 W~148.95 fee~ t~ a point on a curve; T~NCE Northeasterly 519.67 feet along a curve to the right with a radius of 2~354. feet, a central angle of 12° 38.61'~ and whose chord is 518~60 feet long and bears N 26° 36.09~ E, to a point; THENCE S 56° 09.88' E 74.7 feet to the beginning of a curve; THENCE Southeasterly 191.9 feet along a curve to the left with a radius of 325 fe~t~ a central angle of 33° ~0.12', and whose chor? is 189.i5 feet long and bears'S 73° 04.94' E~ to a point of tangency~ THENCE East 33~6 feet to the N. E. Corner of Brock Addition, Unit No. 3; THENCJ South 2,t75 feet along the West line of Brock Addition, Unit No. 3 and 4~ to the Place of beginning and containing 18.69 acres of land~ more or less; ?¸4 I~OW, THEREFORE, BE IT ORDAINED BY T~? CITY COUNCIL OF THE CiTY OF PLAINViEW: SECTION 1: It. is found and determined by the City Council that the following described tract of iand~ BEGINNING at the N. E. Corner of Brock Addition~ Unit No. 6, Plai~nview, Texas~ which point is 462~46 feet North and 1,260 feet West, of ~he S. E. Corner of Section 27~ Elock JK~2~ Hale County~ Texas; THENCE West at 205 feet pass a 2~ pipe set in concrete for a control mon~ent~ in all 355 feet to the N. W~ corner of said Brock Addition, Unit No. 6; T}~NCE North at 1,521.6' pass a point which bears West 1%0 feet from a second 2" pipe set in concrete for a control monument~ in all !~736.! feet to a point; THENCE N 34° 51.61~ W 24~62 feet to a point; THENCE N 69° 43~22 W 148~95 feet to a point on a curve; THENCE Northeasterly 519~67 feet along a curve to the right with a radius of 2~354~93 feet, a central angle of 12° 38~61"~ and whose o chord is 5!8~60 feet long and bears N 26 36.09" E, to a point; TIiENCE S 56° 09®88' E 74.7 feet to the begiru~iD~ of a curve; THENSE Southeasterly 191~9 feet along a curve to the left with a radius of 325 feet~ a central aQgle of 33° 50.12~ and whose chord is 189.15 feet long and bears S 73° 04~94' E~ to a point of tangency~ THENCE East 33.6 feet to the N. E. Corner of Brock Addition~ Unit No. 3~ THENCE South 2~175 feet along the West line of Brock Addition, Units No. 3 and 4~ to the Place of Beginning and containing 18.69 acres of !and~ raore or less; and all of which land lying and being situated in Hale Co~ty~ Texas, is contiguous to the City Limits of the City of P!ainview, Texas~ SECTION 2: It is found~and determined theft the owner of said tract of land has petitioned the City of Piainview .to ampex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas~ SECTION 3: It is found' and determir~d that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the-purpose of annexing, said area to the City of Plainvlew has been duly given in accordance with the statutes of the State of Texas~ and that said public hearing has been duly held. SECTION 4: It is found and determined and ordained by the City Council of the City of Plainview~ that said petition in all~ things be granted and that the above described area be and-the same is in all respects anneMed to and made a part of the City of Plainview~ Texas~ SECTION 5: Ir is further determined and ordained by the City Council of the City of P!ainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by law by the City of Ptainview~ Texas~ PASS~D~ APPROVED AND ADOPTED this 15th day of - March , A~ D.~ 1965 Signed: M. B~ Hood i~YOR, City of Piainview ATTEST: (Seal) APPLICATION FOR ANNEXATION THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW: Now comes J. D. Cobb and respectfully petitions the City Council of the City of Plainview to annex to the City of Plainview the following described area~ to-wit: -BEGINNING at a point 363 feet West of the S. E. Corner of the N. E. 1/4 of Section 28, Block JK-2, Hale County, Texas; THENCE North 480 feet to a point; THENCE East 135.7 feet to a point; THENCE North 404.0 feet to a point in the Southwest right of way line of U. S. Highway 70 and a point in the City Limit Line of the City of Plainview, Texas; THENCE Northwesterly along said City Limit Line and highway right of way line to a point which bears N 70° 19' W 427..2 feet; THENCE South 426.4 feet to a point; THENCE N 70° 09' W 424 feet to a point; THENCE South 109.2 feet to a point; THENCE N 70° 09' W 636 feet to a point; THENCE North 17.5 feet to a point; THENCE N 32° 54' W 805.1 feet to a point in the Southwest right of way line of said U. S. Highway 70; THENCE N 70° 09' W 164.3 feet along said highway right of way to a point in t~e East line of the right of way for Highway Loop 274; THENCE S 3 33' 33" W 738.4 feet along said Loop 274 right of way line to a point; %~HENCE S 70° 09' E 460 feet to a point; THENCE S 19° 51' W 140 feet to a point; THENCE S 70° 09' E 1,218.5 feet to a point; THENCE South 162.9 feet to a Point in the South line of the N. E. 1/4 of Section 38, Block JK-2; THENCE East 370 feet to the Place of Beginning. In connection with this petition and application for annexation, the undersigned will respectfully show to the Honorable City Council of the City of Plainiiew as follows: I. Than J. D. Cobb is the owner of all of the land hereinabove described except that portion included in streets and alleys. II. Than said area and land is contiguous to the City Limits of the City of Plainview, and is accessible to City Water and City Sewer. WHEREFORE, petitioner respectfully requests that said area and territory hereinablve described be annexed to the City of Piainview and brought within its City Limits. Signed: J.D. Cobb J. D. Cobb STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared J. D. COBB, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAN] AND SEAL OF OFFICE, this 4th day of March , A.D. 1965. BEGINNING-at a point 363 feet West of the S. g. Corner of the N. E. 1/4 of Section 28, Block JK-2,'Hale County, Texas; THENCE North 480 feet to a point; THENCE East 135.7 feet to a point; THENCE North 404.0 feet to a point in the Southwest right of way line of U. S. Highway 70 and a point in the City Limit Line of the City of Plainview, Texas; THENCE Northwesterly along said City Limit Line and highway right of way line to a point which bears N 70° 19' W 427.2 feet; THENCE South 426.4 feet to a point; THENCE N 70° 09' W 424 feet to a point; THENCE Sout~ 109.2 feet to a point; THENCE N 70v 09' W 636 feet to a point; THENCE North 17.5 feet to a point; THENCE N 32° 54' W 805.1 feet to a point in the Southwest right of way line of said U. S. Highway 70; THENCE N 70° 09' W 164.3 feet along said highway right of way to a point in the East line of the right of way for Highway Loop 274; THENCE S 3° 33' 33" W 738.4 feet along said Loop 274 right of way line THENCE Sql9° 51' W 140 feet to a point; THENCE S 70° 09' E 1,218.5 feet to a point; THENCE South 162.9 feet to a paint in the South line of the N. E. 1/4 Of Section 38, Block JK-2; THENCE East 370 feet to the Place of Beginning. Signed: M.B. HOOD M. B. HOOD, Mayor, City of Plainview ORDINANCE NO. 65-862 AN ORDINANCE ANNEXING AND INCROPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO; AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAIN-VIEW; 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, by J. D. Cobb, owner of the hereinafter described land, petitioning the eity Council of the City of Plainview to annex and admit the following described area and territory into the City of PIR~nview, Texas, to-wit: BEGINNING at a point 363 feet West of the S. E. CQrner of the N. E. 1/4 of Section 28, Block JK-2, Hale County, Texas; THENCE North 480 feet to a point; THENCE East 135.7 feet to a point; THENCE North 404.0 feet to a point in the Southwest right of way line of U. S. Hithway 70 and a point in the City Aimit line of the City of Plainview, Texas; THENCE Northwesterly along said City Limit Line and highway right of way line to a point which bears N 70° 19' W 427.2 feet; THENCE South 426.4 feet to a point; THENCE N 70° 09' W 424 feet to a point; THENCE South 109.2 feet to a point; THENCE N 70° 09' W 636'feet to a point; THENCE North 17.5 feet to a point; THENCE N 32° 54% W 805.1 feet to a point in the Southwest right of way line of said U.S. Highway .70; THENCE N 70° W 164.3 feet along said highway right of way to a point in the East line of the right of way for Highway LooR274; THENCE S 3° 33' 33" W 738,4 feet ~%~8~g.~sa~ifdT~dop2274~r~g~h~ was duly given, by publishing same in the Plainview Daily Herald_ in accord - ance with the requirements of the Statutes of the State of Texas, and said P!blic hearing was duly held; 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 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: SECTION 1: It is found and determined by the City Council that the following described tract of land, to -wit :' BEGINNING at a point 363 feet West of the S. E. corner of the N. E. 1/4 Section 28, Block JK -2, Hale County, Texas; THENCE North 480 feet to a point; THENCE East 135.7 feet to a point; THENCE North 404.0 feet to a point in, the Southwest right of way line of U. S. Highway 70 and a point in the City Limit Line of the City of Plainview, Texas; THENCE Northwesterly along said City Limit Line and highway right of way line to a point which bears N 70 19' W 427.2 feet; THENCE South 426.4 feet to a point; THENCE N 70 09' W 424 feet to a point; THENCE South 109.2 feet to a point; THENCE N 70° 09' W 626 feet to a point; THENCE North 17.5 feet to a point; THENCE N 32° 54' W 805.1 feet to a point in the Southwest right of way line of said U. S. Highway 70' THENCE N 70 09' W 164.3 feet along said highway right of way to a point in the East line of the right of way for Highway Loop 274; THENCE S 3 33' 33" W 738.4 feet along said Loop 274 right of way line to a point; THENCE S 70 09' E 460 feet to a point; THENCE S 19 51' W 140 feet to a point; THENCE S.70° 09' E 1,218.5 feet to a point; THENCE South 162.9 feet to a point in the South line of the N. E. 1/4 of Section 38, Block JK -2; THENCE East 370 .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 determined that the owners of said tract of land, have petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is therefore ordained by the City Council of the City of Plainview, that said petition in all things be granted and that the above described area be and the same is annexed to and made a part of the City of:Plainview, Texas. SECTION 5: It is further ordained by the City Council of the City of Plainview, that the above described area, from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview . and be sujbect to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED this 15th day of March , A. D., 1965. ATTEST: (Seal) Signed: M. L. REA CITY CLERK,.City of Plainview a S erm ne Signed: M. B. HOOD MAYOR, City of Plainview eowners O sal • rec Ve Published Every Afternoon ExcePt Saturday With Enlarged Plainview Daily PUBLISHED BY ALLISON COi~{q~UNICATiONS, INC. 801 BROADWAY -- FI{ONE CApitol 4-4343 -- p.O. BOX Plainview, Texas THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned aUthority, on this day personally;~i! James B. Oswald ................................................................................ B.u..s.i.n.e..s..s..~an.a. g .e.r.. ~ (Title) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas,' who stated on oath that the attached instrument lished in said newspaper on each of the following dates, to-wit: ............ SUBSCRIBED AND SWORN TO BEFORE ME this ..~..Y...2.?.~.h. day of ...... .~..g .... A.D., 19...6..5. ....... Notary Public, H, ale County, Texas ORD. #65-862 The Best Investment For Your Advertising Dollar ORDINANCE NO~ 65-864 SUBDIVISION REGULATIONS OF THE CITY OF PLAINVIEW, TEXAS AN ORDINANCE DEFINING GENERAL RULES AND REGULATIONS GOVERNING PLATS AND SUBDIVISIONS OF LAND FALLING WITHIN THE JURISDICTION.OF THE CITY OF PLAIN- VIEW FOR THE PURPOSE OF iPROVIDING FOR THE ORDERLY, SAFE, AND HEALTHFUL DEVELOPlv~NT OF THE AREAiWITHIN THE CITY AND WITHIN THE AREA SURRDUNDING THE CITY AND TO PROMOTE THE HEALTH~ SAFETY, MORALS AND GENERAL WELFARE OF THE COMMIINITY: DEFINING TERMS: ADOPTING RULES AND REGULATIONS FOR THE APPRO- VAL OF SUBDIVISIONS OR RE-SUBDIViSiONS AND THE PROCEDURE FOR OBTAINING APPROVAL OF SUBDIVISIONS OR RE-SUBDIVISIONS: PROVIDING FOR GENERAL REQUIRE- MENTS AND MINIMUM STANDARDS OF DESIGN FOR, THE SUBDIVISION OF LAND: PROVIDING FOR REQUIREMENTS FOR PRELIMINARY AND FINAL PLATS: REQUIRING CONSTRUCTION PLANS FOR REQUIRED IMPROVEMENTS: PROVIDING FOR THE IMPROVEMENTS REQUIRED TO BE MADE TO THE SUBDIVISION, OR IN LIEU THEREOF THE PROCEDURE FOR GUARANTEE- ING THAT SAID IMPROVEMENTS WILL BE MADE: SETTING OUT THE POLICY OF THE CITY PERTAINING TO PARTICIPATION OF THE CITY IN SAID IMPROVEMENTS: PROVIDING FOR THE EM_FORCEI~ENT OF SAID ORDINANCE: PROVIDING FOR PROVISIONS RELATING TO THE DUTIES OF THE PLAlkrNING COMMISSION OF THE CITY OF PLAINVIEW: REPEALING ORDINANCE NO. 692 OF THE CITY OF PLAINVIEW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS SECTION 1. AUTHORITY This ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended (compiled as Article 974a, V.T.CoS~), and the provisions of Section 4 of the Municipal Annexation Act as hereto- fore or hereafter amended (Chapter 160, Acts of the 58th Legislature, Regular Session, 1963, compiled as Article 970a, V.T.C.S.). This Ordinance is adopted pursuant to the provisions of the Charter of the City. SECTION 2 PURPOSES The purpose of this ordinance is to provide for the orderly, safe, and healthful development of the area within the City and within the area surrounding the City and to promote the health, safety, morals, and general welfare of the community. SECTION 3 DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section: SUBDIVISION. The term Wsubdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale or building development, or, if a new street is involved any division of a lot, tract, or parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land sub- divided, provided, however, that the following shall not be deemed a subdivision: a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street, and the rearrangement of lot lines in a previously approved and recorded subdivision whereby the minimum lot area, width, and depth requirements of any effective zoning ~ordinance are met and no street dedication is required. SUBDIVIDER. The term ~subdivider" means the person or persons who cause land to be divided into a subdivision for himself or others or who seeks authorization therefor~ STREETS~ The term '~street~ means a way for vehicular traffic, whether designated as a street, avenue, highway~ road, drive, or however other- wise designated~ Local Service Streets are those which are used primarily for access to the abutting properties. Collector Streets are those which garry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a developments Major Thoroughfares are those which are used primarily for fast Qr heax~ traffic. Marginal. Access Streets are those which are parallel to and adjacent to an arterial street which primarily provide access to abutting properties and protection from through traffic~ ALLEYS. ~Alleys" are minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. C~Y. ~City~ shall mean the City of Plainview, Texas. e PLANNING C©MMISSION. The term ~planning commission" or "commission~ shall mean the City Planning and Zoning Commission of the City of Plain- view. SHALL~ M~Yo The word ~shall~ is always mandatory~ The word "may" is merely directory or permissive. SECTION 4. PRELIMINARY PLAT PROCEDURE A preliminary plat of the proposed subdivison at a scale not smaller than two hundred (200) feet to the inch shall first be submitted to the City Planning Commission for approval before the preparation of the final plat: Twelve (12) copies of such plat must be filed in the office of the City Engineer at least ten (10) days prior to the meeting at which the plat is to be considered. Prior to the Planning Commission's consideration of a preliminary plat, the City Engineer shall review the same and transmit a copy of the proposed plat to all municipal or county departments and to all utility companies which may be affected for review and recommendation in relation to specific service problems. Be The City Engineer shall also notify by mail all property owners within .~o hundred (200) feet of the extreme limits of the subdivision, as their names and addresses appear on the tax records of the City, of the filing of the preliminary plat. Said notice shall state the time and place of the Planning Commission meeting at which the plat will be considered, ~a brief description of the subdivision and tha~ a copy of the preliminary plat of said subdivision is on file with the City Engineer for public inspection~ The Planning Commission shall render a decision on the preli~ninary plat within sixty (60) days after its submission to the Planning Commission unless such time is extended by agreement of the subdivider or his agent. Such decision may consist of approval, disapproval or conditional approv- al. Conditional approval shall be considered to be the approval of a plat or re-plat subject to conformity with prescribed conditions, but shall be deemed to be a disapproval of such plat or re-plat until such conditions are complied with. Ail objections made to the preliminary plat, or conditions imposed, shall be furnished to the subdivider in writing. If no decision is rendered by the Planning Commission within the sixty (60) day period described above or such longer period as may have been agreed upon, the preliminary plat, as submitted, shall be deemed to be approved. 0 Approval of the preliminary plat shall be deemed an expression of approval of the layout only. SECTION 5. FIN.AL PLAT PROCEDURE Eight copies of the final plat together with the original reproducible tracing shall be submitted to the Planning Commission within six (6) months of date of approval of the preliminary plat or such approval shall become null and void unless an extension of time is applied for an granted by the Planning Commission. Proposed construction plans for all improvements, as set forth in Section 10, shall be prepared and submitted to the City Engineer for review at least ten (10) days prior to the meeting of the Planning Commission at which the plat is to be considered. Upon approval of the final plat, a reproducible copy and one copy shall be retained in the files of the Planning Commission and one copy shall be transmitted to the County Clerk for record. The remaining six copies shall be distributed to the City Departments. The original reproducible trac- ing shall be returned to the applicant. Planning Commission to file all plats. Ail require~ plats, dedication deeds, restrictions, and other documents set forth in Section 9, below, along with a filing fee in an amount sufficient to pay recording costs, shall accompany the submission of the Final Plan. Upon the approval of the Final Plat and accompanying documents, the Planning Commission shall file the documents for record in the office of the County Clerk° The origin- al copies, with the exception of the original tracing of the Final Plat, shall be returned to the City Clerk for deposit in the permanent files of the City of Plainview. Ail Final Plats approved by the Planning Commission shall be filed of record prior to the return of the original tracing to the subdivider~ No such filing for record shall be made without the written consent of the subdivider. If the subdivider fails to give such written consent within fifteen (15) days of the date of final approval of the plat~ the Commission may at any time thereafter cancel such approval. SECTION GENERAL PROVISIONS PARKS, SCHOOL SITES, PUBLIC AREAS. Preliminary subdivision plats shall provide 0 SECTION sites for schools, parks or other public areas as see out in the Compre- hensive City Plan. The responsible Public Authority must take steps to purchase such property within sixty (60) days of the submiss±on of the preliminary plat to the City Planning Commission or else the subdivider may proceed with his subdivision as though such areas were non-existent~ EASEMENT FOR UTILITIES~ Except where alleys are provided for this purpose, the Planning Commission may require easements at least five (5) feet in width but not exceeding twenty (20) feet in width for poles, wires, conduits, storm and sanitary sewers, gas and water mains, or other utility lines on each side of the common rear lot lines and along side lot lines if necess- ary or advisable in the opinion of the Planning Commission~ DEDICATION FOR PUBLIC USE~ There shall be no reserved strips of land except those which are conveyed to the government having jurisdiction° DIVERSITY OF OWNERSHIP. Where the desirable development of a residential neighborhood is dependent upon coordination of diverse'land ownership, the Planning Commission shall have an overall neighborhood study plan prepared so that individual subdivisions may be developed in harmony with one anoth- er and their environs in accordance with the Land Use Plano PARTIAL DEVELOPMENT OF LARGE SUBDIVISION~ Final plats may be approved on portions of a large ares of land for which a preliminary plat has been approv- ed, provided that the required improvements for said portion are develop- ed as part of the required improvements for the entire area. Water mains, storm sewers, tr~nk sewers, and any sewage treatment plant shall be design- ed and built to serve the entire area owned by the subdivider or designed and built in such a manner that they can easily be expanded or extended to serve the entire area° Construction plans as required in Section 3, 2~ therefore will be designed to serve the entire area shown on the prelimin- ary plat. COMPREHENSIVE GROUP HOUSING DEVELOPMENT~ A comprehensive group housing development including the construction of two or more buildings together with the necessary drives and ways of access and which is not subdivided into the customary lots, blocks, and streets ~ay be approved by the Planning Commission if in the opinion of the Planning Commission, any departure from the foregoing regulations can be made without desnroying the intent of the regulations. Plans for all such developments shall be submitted to and approved by the Planning Commission whether or not such plat is to be recorded and no building permits shall be issued until such approval has been given. GENERAL REQUIREMENTS AND MINIMb74 STANDARDS OF DESIGN FOR THE SUBDIVISION OF LAND RELATION TO LAND 'USE. Ail subdivisions shall conform to the Comprehensive Plan of the City and to all applicable zoning regulations, and no subdivision design shall be approved that requires a change in zoning or an amendment to the Land Use Plan as adopted~ e STREETS b~ Right-of-way. Width. Whenever a tract to be subdivided em- braces any part of a highway, major street, secondary street, or parkway so designated on the Major Thoroughfare Plan, such part of such proposed public way shall be platted by the sub- divider in the same location and at the same width as indicated on the Major Thoroughfare Plan. Where the right-of-way width of proposed streets measured from lot. line to lot line is not shown on the Major Thoroughfare Plan, such right-of-way width shall not be less than one- hundred twenty (120) feet for major streets and sixty (60) feet for other streets, including residential streets~ unless specifically permitted by the Planning Commission. Relation to Adjoining Street System. Proposed new streets shall extend existing streets or their projections at the same or greater width, but in no case less than the minimum required width unless variations are deemed necessary by the Planning Commission for reasons of topography or design. Where, in the opinion of the Planning Commission, it is desirable to provide street access to adjoining property, proposed streets shall extend to the boundary of such property. Half streets or half alleys parrallel to and along the boundary of land proposed for subdivision will not be permitted. Street Grades. In general, streets shall be p.lanned to conform to existing topographic conditions. The proposed street grades shall be reviewed by the City Engineer. Street Intersection Angles. The angle between intersecting streets shall be as near ninety (90) degrees as is practicable~ Curves in Streets. Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On all streets, except local service streets, the center line radius of curvature shall not be less than three hundred (300) feet~ on local service streets, non less than one hundred (100> feet. Dead End or Cul-de-sac Streets. Streets designed to have one ~nd permanently closed shall be provided at the closed end with a turnaround whose circular driving surface has a minimum radius of 45 feet and whose street right-ofuway has a minimum radius of 60 feet. A cul-de-sac shall not be more than four hundred (400) feet in length unless approved by the Planning Commission for specific reasons of topography or design, Street Names, Proposed streets obviously in alignment with existing and named streets shall bear the names of existing streets. In no case shall the proposed name for any streets duplicate an exist- ing street name or be confusingly similar and all proposed street names shall be subject to the approval of the Commission. Be BLOCKS LOTS Access to Major Streets~ Where a subdivision borders on or contains the right-of-way of a freeway, major thoroughfare, drainage way or railroad; the Planning Commission may require a service street parallel to and on both sides of such right- of-way, or they may require that residential lots back up to said right-of-way without means of access. However, 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. Reverse Curves. Reverse curves on major thoroughfares and collecnor streets shall have a tangent of at least one hundred (100) feet between the two curves. Street Jogs. Street jogs with center line off-sets of less than one hundred and twenty-five (125) feet shall be avoided. Blocks shall not be more than thirteen hundred and twenty (1,320) feet in length nor less than two hundred and forty (240) feet in depth. Crosswalk ways 15 feet in width across blocks exceeding eight hundred (800) feet in length shall be dedicated where deemed necessary by the Planning Commission to provide circulation or access to schools, p%aygrounds, shopping centers, and trans- portation and other community faci!ities~ or to provide pedestrian circulation within the subdivision. Lot Arrangements. insofar as practicable, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front for thirty (30) feet upon a public street which is connected with the public street system. Minimum Lot Size. Within the subdivision jurisdiction limits of the municipality~ the size and shape of the residential lots shall be appropriate for the location of the subdivision and the type of building development and use contemplated. In no case, however, shall the lot area be less than six thousand (6000) square feet, and the lot width less than fifty (50) feet unless other minimum standards are established by any effective Zoning Ordinance for the Zoning District in which the proposed sub- division is located, or by any other lawfully adopted rules, regulations, ordinances, deed restrictions, or convenants, in which case the most restrictive or that imposing the higher standards shall govern. Corner residential lots shall have a sufficient width to permit establishment of front and side street building lines that conform to the established, proposed, or developed building l~nes with- in the same block along the intersecting streets defining said corner lot. In no case shall side streei building lines be less than ten ~10~ feet and front yard building lines less than twenty- five (25) feet unless specifically allowed by the effective Zoning Ordinance. 5. ALLEYS ao Alleys shall be provided along the rear line of all lots to be used for commercial use or residential use° b. Alleys shall have.minimum width of twenty (20) feet. Where two alleys intersect, a corner cut-off of not less than the fifteen (15) feet along each property line. from the normal intersection of the property lines shall be provided~ do Dead-end Alleys shall not be permitted. FLOOD AREAS Area 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 subdivision until adequate drainage or other approved protection has been provided. SECTION 8 PRELIMINARY PLAT REQUIRE~fENTS A preliminary plat submitted to the City Planning Commission for approval, as set forth in Section g,1. shall be drawn to a scale of two hundred (200) feet to the inch or larger and shall contain the following information and data: The subdivision name (which must not duplicate in any manner an existing subdivision name), the names and addrssses of the owners, and of the designer of the plat who shall be a regis- tered engineer or registered surveyor. Date, approximate north point, and scale~ The location of existing and platted property lines, streets, buildings, water courses, railroads, sewers, bridges, culverts, drainpipes, water mains, and any public utility easements, both on the land subdivided and on the adjoining land; adjacent sub- divisions and property !ines~ The names of all existing streets and adjoining subdivisions. The names, locations, widths, and other dimensions of proposed streets, alleys, easements, parks, reservations, blocks, lot lines, and building lines. The names of streets shall conform whenever possible to existing street names, and lots and blocks shall be numbered in a systematic arrangement~ 5. Topography of the entire plat showing one (1) foot contour intervals. If a natural water course traverses the property, the center line of the water course shall be shown.s well as the estimated high water flood line. 6. If the proposed subdivision. does not lie within the force and effect of an existing zoning ordinance, the prelinimary plat shall be accompanied by a plan indicating the proposed use of the lots. SECTION 9, FINAL PLAT REQUIREMENTS A final plat submitted to the City Planning Commission for approval as set forth in Section 5,1. shall contain the following information and data: 1. A final plat shall be drawn in permanent reproducible ink at a scale of one (1) inch equals one hundred (100) feet on tracing cloth or film sheets 11" X 17", 17" X 22", or 22" X 34", and where necessary may be on several sheets accompanied by an index sheet showing the entire subdivision. 2. An accurate metes and bounds description of the area included in the subdivision, including reference to section corners, es- tablished subdivisions, primary control points, and total acreage being platted, shall be placed upon the final plat. Where more than one ownership is involved in the area being subdivided, the limits of each owner's land shall be clearly designated on the final plat. 3. Right-of-way lines of streets and alleys, property lines of residential lots, parks, and other sites; with accurate demensions, bearings or deflection angles, and radii, arcs, and central angles of all curves. 4. Name and right-of-way width of each street or other right-of-way. 5. Location, dimensions and purpose of any easement. 6. Purpose for which sites other than residential lots are dedicated or reserved'. 7. The location of minimum building set-back lines from all streets on lots and other sites. . 8. Location and description of monuments, with bearings and distances, referenced to survey lines, and existing or established subdivisions and showing pertinent data concerning property immediately adjacent thereto in dashed lines. 9. Numbers of all lots and blocks. 10. Certificate of Itprovements. The City Engineer shall furnish the planning Commission with a written certification stating that all improvements completed prior to final approval have been satis- factorily completed in accordance with all City Plans and Specifica- tions for such improvements and shall further certify that sufficient cash has been deposited with or a surety bond furnished to the City to secure the completion of all those improvements so - ....7equired which are incomplete. 11. A waiver of claims for damages against the City occasioned by the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision. 12. Accompanying the final plat shall be a dedication deed or certificate of dedication executed by all persons, firms, or corporations own- - ing an interest in the property subdivided and platted, and acknow- ledged in the manner prescribed by the laws of the State of Texas for conveyance of real property. Two (2) true copies must be furnished with the original. The wife of each married man executing such dedication deed or certificate of dedication shall join her husband therein unless satisfactory proof be provided showing that the property to be subdivided does not constitute any portion of such party's homestead and positively designates and identifies such party's actual homestead. In the case of lienholders, there shall be executed a subordination agreement whereby all lienholders subordinate their liens to all public streets, alleys, parks, school sites and any other public areas shown on the final 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, contain the following: A. An accurate metes and bounds description of the tract of land subdivided (the description placed on the final plat should be used for this purpose). Also a description of the limits of each owner's land and the lots, plots, and building sites of the sub- division included within the boundary of each owner's land. 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 of land. C. An express dedication to the public for public use forever over the streets, alleys, rights-of-way, parks, school sites and other public places shown on the attached plat. D. A positive reference and identification of of such subdivision by the name of such Subdivision, and the engineer or surveyor who prepared the Plat. 13. Receipts indicating that current taxes have been paid to be subdivided and a certificate that no delinquent against the property. 14. Sur/eyor's Certificate,' to be placed on the Plat: Know All Men By These Presents: the Final Plat date of the Plat, on the property taxes exist That I, , do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Plainview, Texas. (Professional Seal.) Name, Title & Registration No. 15. Certifice of Approval by the City Planning Commission, to be placed on the plat: Approved this _day of 1965, by the City Planning Commission of the City of Plainview, Texas. 'Ch ai mean Secretary 16. Title, scale, North arrow, and date. ' SECTION 10 CONSTRUCTION PLANS FOR REQUIRED IMPROVEMENTS The construction plans submitted to the City Engineer for review as required in Se tion 5,2. above shall include the following: A Contour Map which must show the existing natural contours of the grounds concerned, including natural drainage. 2. A plan of the proposed water system. This plan shall show the sizes and types of all lines, fittings, valve boxes, and the location of fire hydrants with an indicated elevation of the top of -the proposed curb at its location. The plan shall show the location and elevation of bench marks referred to City datum. The plan shall show the existing mains to which the system will be connected. 3. A plan of the proposed sanitary sewer system. This plan shall indicate the sizes and types and -flow line grades of all lines and their locations within this system. It shall show the location and sizes of the existing mains to which this system will be connected. The plan will show the location and flow line elevations of all manholes and cleanouts and in no SECTION 11. REQUIRED IMPROVEMENTS 1. STREETS 2. CURBS AND GUTTERS 3. ALLEYS case shall they be located more than four hundred (400) feet apart. 4. A plan of the proposed storm sewer system: This plan shall show the locat- ions, sizes and types of all lines, manholes, catch basins and their flow line elevations and grades. It shall indicate the flow line and size of the existing drain ditch or storm sewer to which this system will be conn- ected. 5. A plan of the proposed streets: This plan shall show the roadway width of all streets and their curb line grades and distances with the elevations indicated at all intersections and grade breaks. It shall show the locat- ion of all curbs and gutters as proposed. 6. Detail Plans: The detail plan sheet shall be a composite of all minute details which concern the above set of construction plans, such as; Details of the proposed catch basins, manholes, cleanouts, sewer and water house connections, street cross sections, curb and gutter size and type,fire- hydrant location and footings construction, concrete junction boxes, headwalls, or any other details necessary to show intent of construction. 7. Plan- Profile Sheets: These plan- profile sheets shall be platted to a convenient and legible scale and will show the finished plan of the pro- posed utilities and street construction. It shall also indicate the exist- ing profile of the natural ground along with the proposed profiles of the curb lines of all streets, flow lines of all sanitary sewers, storm sewers and water lines. 8. All construction plans shall include a North Arrow, scale, or scales, and date. 9. Upon completion of field construction, one (1) set of reproducible trac- ings to a scale of one hundred (100) feet to the inch, such tracings con - sisting of the water system, sewer system, drainage and street improvements, showing these construction features as built, shall be furnished to the City Engineer for his records. All streets shall be paved with a permanent type of pavement in accordance with City Specifications. Paving widths shall be in accordance with the standards set forth in the Major Thoroughfare Plan of the City and shall be constructid under the supervision of the City Engineer. Curbs and gutters shall be provided along both sides of all streets within the subdivision in accordance with City Specifications. All Alleys shall be graded and leveled in accordance with City Specifications. 4. WATER 5. SANITARY SEWER Sanitary sewers shall be provided to serve all lots within the sub - division in accordance with the Comprehensive Plan and City and State Health Department Specifications. 6. STORM DRAINAGE 7. MONUMENTS Water mains of a size adequate to provide a domestic water supply and fire protection shall be installed to serve all lots within the subdivision in accordance with the Comprehensive Plan and -City Specifications. Underground storm drainage facilities shall be provided where the run -off of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage. All drainage facilities shall be constructed in accordance with the Comprehensive Plan and City Specifications. a. Monuments consisting of one inch (1 ") iron pipe, twenty -six inches (26 ") in length, shall be placed at all corners of the block lines, the point of intersection of alley and block lines, and at the points of intersections of curves and tangents of the subdivision. These twenty -six inch (26 ") pipes shall be in two (2) lengths, one (1) eighteen inches (18 ") in length with a eight inch (8") length of pipe above, which shorter length shall be placedflush with the average ground elevation. This arrangement may be obtained by driving a 26" pipe which has been cut almost in two in the 18" and 8" segments so that if the upper pipe is disturbed it will break away from the lower pipe leaving the latter in its proper location. b. Two (2) of the monuments required above for block corners or intersection corners shall be permanent survey control monuments. These points shall be made of two inch (2") pipe eighteen inches (18") in length, the top of which shall be set twelve inches (12 ") "below the existing ground and set in concrete a minimum of six inches (6 ") in diameter concentrically around the pipe. Inside the two inch (2 ") control monument shall be placed a one inch (1 ") iron pipe as set out above in subsection "a". These control monuments should be located so as to established one side of the subdivision and reference shall be made to them in the description and . their location shall be shown on the Final Plat. c. Lot markers consisting of three - eights (3/8 ") inch or larger diameter steel rods shall be placed at all lot corners. 8. 'STREET SIGNS All street signs shall meet the type and erection standards of the City and be approved by the City Engineer. SECTION 12. PARTICIPATION OF THE CITY IN IMPROVEMENTS Improvements Outside the City. The City shall not lay, build, construct or errect any improvements or participate in their cost where such improvements required by this ordinance are outside the corporate limits of the City. 1. STREETS A. Right -of -way B. Paving 1. 5. SANITARY SEWERS The subdivider shall dedicate right -of -way for streets in accordance with the requirements set forth in Section 7,2.b. The subdivider shall pave all residential and collector streets up to forty -one (41) feet in width in accordance with City Specifications. Paving beyond forty -one (41) feet in • width shall be the responsibility of the City, County or State - . 2. All underground utility lines shall be installed prior to paving. 2. CURBS AND GUTTERS Curbs and gutters shall be provided by the subdivider. 3. SIDEWALKS Sidewalks shall be provided by the subdivider. 4. WATER Where the City requires larger water mains and branches than are necessary to serve the subdivision in order to provide for future development, the subdivider may be entitled to participating aid from the City, in accordance to current policy, and availability of current funds. Where the City requires larger sewer lines than are necessary to serve the subdivision in order to provide for future development, the subdivider may be entitled to participating aid from the City, in accordance to current policy, and availability of current funds. 6. STORM DRAINAGE Where the City requires larger storm drainage facilities than are necessary to serve the subdivision in order to provide for future development, the subdivider may be entitled to participating aid from the City, in accordance to current policy and availability of current funds. Where. the City does not participate in storm drainage improvements and the cost of necessary storm drainage construction is prohibitive for the subdivider to bear, all areas affected by such drainage may be omitted from the development. 7. MONUMENTS Monuments shall be provided by the Subdirider 8. LOT MARKERS Lot markers shall be provided by the subdivider. 9. STREET SIGNS Street signs shall be provided by the subdivider. SECTION 13 ENFORCEMENT . 1. WITHHOLDING SUBDIVISION APPROVAL The City Planning Commission shall withhold final approval of any and all subdivision plats pending completion of all required improvements unless sufficient cash has been deposited with or a surety bond furnished to the City to secure the completion of all these improvements so re- quired which are imcomplete. When a surety bond has been furnished the City in,lieu of any or all of the required improvements, it shall be delivered to the City Attorney for approval. The surety bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforce- ability of such bond. When the bond has been examined and approved, the City Attorney shall furnish the Planning Commission with a written certi- fication that the surety bond is valid and enforceable as regards all improvements required by this Ordinance still incomplete and for which cash deposit has not been made. 2. WITHHOLDING IMPROVEMENTS UNTIL APPROVED The ity shall withhold all City Improvements of whatsoever nature including the furnishing of sewerage and water service and street maintenance from all subdivisions, which have not been approved as provided by law and further, no permits shall be issued by the Building Inspector of the City on any piece of property other than an original or a re-subdivided lot in a duly approved and recorded subdivision or on a lot of separate ownership of record prior to the adoption of the sub- division ordinance. SECTION 14. VARIANCES 1. The Planning Commission may authorize variances: a. b. Where a subdivider can show that a provision of these general requirements and minimum standards of design would cause an unnecessary and extraordinary hardship if strictly adhered to, and Where, because of topographical or other conditions peculiar to 78 P E T I T I O N TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Now come B. B. - HOWLE. and would show to the Honorable City Council of the City of Plainview, Texas, as - follows: t3.�.�a.:, f� �,_2_a a�- Y..... . aF� Lv�+a lie ni-ti €c Suet, tuariar: _exf X1.2 the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is found and determined and ordained by the City Council of the City of Plainview that said petition in all things be granted and that the above described area be and the same in all respects annexed to and made a part of the City of Plainview, Texas. SECTION 5: It is further determined and ordained by the City Council of the City - of Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of. the .City of Plainview and be subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED this 15th day of - March , A.D. 1965. ATTEST: (Seal) Signed: M. L. REA CITY CLERK, City of Plainview ORDINANCE NO 65- 864 SUBDIVISION REGULATIONS OF THE CITY OF PLAINVIEW TEXAS. (See Ordinance Inserted.) I. Signed: M. B. Hood MAYOR, City of Plainview ORDINANCE NO. 65 -865 AN ORDINANCE REGULATING THE KEEPING OF DOGS AND CATS IN THE CITY OF PLAINVIEW; REQUIRING THE LICENSING AND VACCINATION OF ALL DOGS AND CATS KEPT IN THE CITY OF PLAINVIEW; PROVIDING FOR THE IMPOUNDING OF DOGS AND CATS FOUND RUNNING AT LARGE; PROVIDING FOR THE IMPOUNDING OF DOGS AND CATS THAT ARE NOT LICENSED AND VACCINATED; ESTABLISHING A CITY DOG AND CAT POUND; PROVIDING FOR FEES FOR THE REDEMPTION OF DOGS AND CATS SO IMPOUNDED AND THE PROCEDURE FOR REDEEMING SUCH DOGS AND CATS; PROVIDING FOR THE DESTRUCTION OF DOGS AND CATS NOT SO REDEEMED BY THE OWNER OR PURCHASED AT A SALE BY SOME PERSON OTHER THAN THE CITY OF PLAINVIEW; PRESCRIBING T THE DUTIES OF THE DIRECTOR OF PUBLIC SAFETY, HEALTH AND WELFARE PERTAINING TO THE ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR A DOG AND CAT CATCHER; DECLARING IT A NUISANCE AND A MISDEMEANOR TO KEEP DOGS AND CATS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR A SEVERANCE CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW SECTION 1: DEFINITIONS. The following words and phrases as used in this`Ord- inance shall have the meanings respectively ascribed to them by this section unless the context otherwise indicates: AT LARGE.. At large shall mean off the premises of tine owner and not under the control of the owner or member of his immediate family either by leasbo, cord, chain or otherwise; and the wearing of a muzzle by a dog shall not be regarded as control under this definition. DOG. Dog shall include both male and female. CAT. Cat shall include both male and female. OWNER. Owner shall mean any person owning, keeping or harboring a dog or cat. SECTION 2: VACCINATION AGAINST RABIES. It shall be the duty of the owner or keeper of each and every dog and cat kept in the City to have such dog or cat vaccinated _. _,.... .. «..e a�nh esa�r• nrnvided_ how- 2. Any variance thus authorized is required to be entered in writing in the minutes of the Planning Commission and the reason which justified the departure to be set forth, and such variance must be authorized by affirmative vote of not less than two- thirds (2/3) of the entire members of the Planning Commission. SECTION 15. PERSONS PREJUDICED BY VIOLATION OF THIS ORDINANCE MAY ENFORCE COMPLIANCE HEREWITH SECTION 16. CONFLICT WITH OTHER ORDINANCES Whenever the standards and specifications in this Ordinance conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern. SECTION 17. SAVINGS CLAUSE If any section, sub - section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, sub - section sentence, clause, phrase or portion shall be deemed a seperate, distinct, and independent provision and such holdings shall not affect the validity of the remaining portions thereof. SECTION 18. EFFECTIVE DATE. This Ordinance shall become effective June 1, 1965. SECTION 19. REPEAL Ordinance No. 692 passed by the City of Plainview on the 1st day of September, 1958, is hereby repealed as of the effective date of this Ordinance as provided above in Section 18 hereof. PASSED AND APPROVED this 5th day of April ,A. D., 1965. ATTEST: Any abutting property owner or lessee or other person prejudicially affected by the violation of the terms of this ordinance may resort to any court of competent jurisdiction for any writ or writs, or to obtain such relief, either by law or equity, as may be deemed advisable in the premises. CITY CLERK, City of Plainview the site, in the opinion of the Planning Commission a departure may be made without destroying the intent of such provisions. MAYOR, City of Plainview SECTION 3: LICENSES, FEES, DURATION. There is hereby fixed and assessed as a police regulation for the protection of the public health a license fee of $2.00 per annum against the owner or keeper of each and every dog or cat kept in the City. The license shall run from April 1st of each year to April 1st of the succeeding year; and any part of such year shall be deemed and considered the entire year. ,SECTION 4: LICENSE - ISSUANCE AND USE OF TAGS; COUNTERFEIT TAGS. It shall be the duty of the City Clerk to provide suitable tags for dogs or cats, with numbers thereon beginning at one and running consecutively, which tags shall evidence the payment of the license fees and the registration of the dogs or cats. Each person owning or keeping a dog or cat within the limits of the City shall apply to the -City Clerk for a tag, and upon payment of the license fee required in thes Ordinance, and presentation of a certificate by a practicing veterinarian showing that the dog or cat has within one month of the date of application for license, or within 13 months prior to the expiration date of the license applied for, been vaccinated againit rabies, the City Clerk shall supply to each applicant thereof a tag: suitable to be placed upon a collar around the dog's or cat's neck, and shall, in a well-bound book kept for such purposes, register the number of the tag, name of the owner and his address, and a description of the dog or cat. No license shall be issued unless the application is accompanied by the certificate of vaccination. It shall be the duty of the owner of each dog or cat to apply to the City Clerk for such license, pay the fee for same and obtain a tag therefor. The tag shall at all times during' the year be securely fastened around the neck of the dog or cat, and the failure of the 0ner in this respect shall have the same effect as if no license fee and been paid Opon the dog, or upon the cat. It shall be unlawful for any person to use any counterfeit license tag upon a dog or cat except the tag adopted and issued by the City. SECTION 5; LICENSE - ISSUANCE OF DUPLICATE TAGS. It shall be the duty of the duty of the owner or keeper of any dog or cat to procure a duplicate tagefrom the City Clerk in the event that the original tag is lost or destroyed, and the City Clerk shall issue a duplicate tag upon application of any person who has complied with the. provisions of this Ordinance and upon the payment of 50c for the cost of issuing-the duplicate tag. . . SECTION 6: DOG AND CAT POUND:- The Director of Public Safety, Health and Welfare shall provide a suitable place for the impound- ing of all dogs and cats picked up under the provisions of this Ordinance and such pound shall be under his control. He,shallicause allIdogsamd . catssoAmpounded to be properly fed. and for while in the pound. SECTION 7: IMPOUNDING FEES. (a) The Director of Public Safety, Health and Welfare shall charge a fee of $5.00 for each dog or cat impounded for the first time in any calendar year. For each subsequent time a dog or cat is impounded in any calendar year, the Director of Public Safety, Health and Welfare shall charge a fee of $10.00. In addition to the fee above specified the Director of Public Safety, Health and Welfare shall charge a fee of $150 for each day such dog or cat remains in the pound. (b) The owner of any impounded dog or cat may redeem such dog or cat at any time prior to sale or destruction by paying the fees above provided for and by having on their person and producting a valid City of Plainview dog or cat license receipt and a vaccinati.on certificate showing the dog or cat to have been vaccinated within a twelve month period. In the event the dog or cat is not properly licensed or vaccinated prior to redemption, the owner must license said animal and place on deposit with the Director of Public Safety, Health and Welfare an amount equal to the cost of the vaccination of said animal, this amount to be refunded upon receipt presentation or certification that the animal has been vaccinated by a licensed veterinarian licensed to practice veterinary medicine in the State of Texas. (c) The fees and charges above provided for shall be collected by the Director of Public Safety, Health and Welfare and he shall keep a record showing by whom any amount was paid, the date it was paid, and such information, together with the amount collected by hem, shall be by him delivered to the City Clerk of the City of Plainview. A receipt for the fees paid shall be furnished the person paying the fees and charges. SECTION 8: DISPOSITION OF IMPOUNDED DOGS OR CATS - GENERALLY. Any dog or cat placed in the City pound in accordance with the provisions of this Ordinance shall be kept and so impounded for a period of seventy-two hours. At the expiration of said seventy-two hour period, the Director of Public Safety, Health and Welfare, or any officer designated by him, shall sell such dog or cat at auction to the high- est bidder for cash; provided, however, that the owner or keeper of the dog or cat may at any time before the sale of the dog or cat pay the fees provided for in Section 7 of this Ordinance and receive the dog or cat from the City Pound. At the auction sale of all dogs or cats, in accordance with the provisions of this Ordinance 82 the Director of Public Safety, Health and Welfare, or any officer authorized by him shall bid in the name and for the City up to the amount of the tax and impounding fees due upon the dog or cat, unless some other person shall hid the amount or a greater amount therefor. Any person who shall bid the amount of the fees due for impounding and keeping any dog or cat shall have such dog or cat delivered to him at the City pound upon the payment to the Director of Public Safety, Health and Welfare of the amount bid, and the person shall be entitled to have the dog or cat registered in his name and receive a tag therefor by presenting to the City Clerk a certificate from a practicing veterinarian stating that the dog or cat has been vaccinated against rabies and the payment of the license fee. If the Director of Public Safety, Health and Welfare shall be the only bidder at the sale of any dogs or cats hereinabove provided for, the City shall become the owner of the dogs or cats and thereupon theeDirdotot of Public Safety, Health and Welfare shall kill or cause to be killed all such dogs or cats in the pound after the provisions of this Ordinance have been complied with. At any time within six months after any sale the owner may apply to the Director of Public Safety, Health and Welfare and upon satisfactory proof of ownership, he shall be entitled to receive the amount deposited on account of such sale after deducting all fees for impounding costs, and keeping such dog or cat and such,costs as may be necessarily incurred to establish his right thereto. Any dog or cat which appears to be suffering from rabies, affected with hydraphobia, mange or any other infectious disease shall not be re- leased, but shall be kept under observation for a minimum period of time, or may be forthwith destroyed. However, any dog or cat suffering from rabies or suspected of having rabies or any dog or cat suspected of having bitten someone shall be kept under observation until such dog or cat has been inspected by a licensed veter- inarian and such disease or condition diagnosed by such veterinarian. SECTION 9: DISPOSITION OF MONEY COLLECTED BY THE DIRECTOR OF PUBLIC SAFETY, HEALTH AND WELFARE. It shall be the duty of the director of Public Safety, Health and Welfare to pay all moneys collected by him under the terms of this Ordinance to the City Clerk. SECTION 10: REDEMPTION BY OWNER. FROM SALE. OF IMPOUNDED DOGS OR CATS. At any time within sixty days from the date of the sale, the owner of any dog or cat impounded and sold under the provisions of this Ordinance shall have the right to redeem tbe same by paying to the purchaser thereof double the amount paid by the purchaser for such dog or cat and his reasonable expenses incurred in keeping same. SECTION 11: DOG AND CAT CATCHER - APPOINTMENT, DUTIES GENERALLY. The City Manager of the City of Plainview shall appoint a dog and cat catcher and such other assistants as may be required. The dog and cat catcher and his assist- ants shall be under the supervision and control of the Director of Public Safety, Wraith and Welfare. It shall be the duty of the dog and cat catcher and his assistants to take up and impound all dogsvor cats running at large and all dogs or cats that do not have fastened around their necks the required tags, to keep and properly care for all dogs and cats impounded, to kill all dogs and cats that have not been redeemedC or sold, and to perform such other duties as may be directed by the Director of Public Safety, Health and Welfare under the terms of this Ordinance. The dog and cat catcher shall be under the supervision of the Director of Public Safety, Health and Welfare. SECTION 12: DOG AND CAT CATCHER - MONTHLY REPORT. It sahll be the duty of the dog and cat catcher to report in writing to the Director of Public Safety, Health and Welfare once each month the total number of dogs and cats impounded, and the total number of dogs and cats redeemed or sold to private persons, and the total number of dogs and cats killed under the provisions of this Ordinance, which report shall be approved by the Director of Public Safety, Health and Welfare and filed for approval with the City Council. SECTION 13: FEMALE DOGS OR CATS IN HEAT TO BE KEPT UNDER CONTROL. It shall be unlawful for the owner or person in control of any unspayed female dog or cat, while such dog or cat is in heat, to allow the same to be upon, in or about any public house, public place, street or alley in the City. SECTION 14: VICIOUS DOGS OR CATS PROHIBITED IN PUBLIC PLACES. It shall be unlawful for any person or owner in control of any vicious or dangerous dog or cat to keep or permit the sane in or about any public house, public place, street or alley in the City. SECTION 15: PROCEDURE WHEN A PERSON IS BITTEN BY A DOG OR CAT. (a) If any p person shall report to the Director of Public Safety, Health and Welfare, or to the Chief of Police, or to the Judge of the Corporation Cour, that any dog or cat has bitten any person within the limits of the City, it shall be the duty of the Director of Public Safety, Health and Welfare and the Chief of Police to impound the dog or cat in the City pound and to keep such dog or cat securely confined therein for a period of not less than fourteen days, and the dog or cat shall not be released except upon the written permission of the Director of PublicSafety, Health and Welfare. As an alternative to impounding the dog or cat in the City • ' [ L. , pound, upon request of the owner of the dog or cat, the said dog or cat may be kept securely impounded and confined b y.:a duly U cetsed provided that the owner of the dog or cat makes a satisfadt©ry. agreement with the said veterinarian for the payment of all fees charged for keeping the dog or cat. In no event or instance shall the City be liable for such fees. After the expiration of not .less than fourteen days from the day the dog or cat has bitten such person, such dog or cat may be released, provided a duly licensed veterinarian certifies that the dog or cat does not have rabies nor any symptoms: of rabies. The certificate of the veterinarian shall be furnished the Director of Public Safety, Hearth - and.Welfare, and the said dog or cat shall not be released from either the City pound nor by the veterinarian keeping such tog or cat except upon the written permission and direction of the Director of Public Safety, Health and Welfare. (b). - .:In the event the Director of Public Safety, Health and Welfare is not avail ble to perform any of these duties, the same shall be performed by the Chief of Police, the Assistant Chief of Police, the acting Chief of Police, or the acting Assis ant Chief of Police. ( ) If the owner of a dog or cat who has bitten a person should attempt to avoid compliance with this Section, such person shall be deemed guilty of a mis- demea or and, upon conviction thereof, shall be, punished as provided in Section 22 of the Ordinance. S'CTION 16: PROCEDURE WHEN DOG OR CAT IS BITTEN BY : A RABID ANIMAL. Within. seven days after acquiring knowledge that his dog or cat has been bitten by a rabid anima , - it stall be the. duty: of the owner or keeper to cause such dog or cat to be gi en anti - rabies treatment, or to impound such dog or cat for aperiod of six month in a place approved by the Director of Public Safety, Health and Welfare, or to destroy such dog or cat. SECTION-17:- UNLAWFUL TO KEEP DOG OR CAT IN_CITY WITHOUT LICENSE. It shall be unlaw.ul; for any person:.to.keep any dog or cat in-the limits of-the City for which the l cense:required<:in this:.Ordinance :has not been procured from the City, Clerk and w ich ,-has not been vaccinated .for rabies and upon _which-.the tag required in this rdinanee is-not at all times fastened about the neck of the dog or:.-cat. SECTION '1E: 'UNLAWFUL TO:ALLOW DOG OR ,CAT TO RUN AT- LARGE.. (a) It shall be unlawful for,the :owner - any dog or cat to permit or allow such'dog :or cat to run at large upon any public street, highway, alley, court, squaee, park, sidewalk or other public ground or public property within the corporate limits of the City of Plain fiew. A Otli sHali be. unlawful for the owner lor :any: dog or cat to permit -or allow such og -or cat to _run : or be at large upon , any; unfenced lot, ::tract or parcel of land Within the corporate limits of the City of Plainview. (c) The Term."at..large! as used in. this Ordinance shall.mean not under the control of the owner either by leash, chain,. cord :or other-suitable material attacd to a collar or harness, and not constrained securely within an enclosure or fe e. (d) It shall be the duty of the dog and cat catcher of the City of Plainview, or suc other person as-may be designated by the City Manager of the City of Plain- view t pick up and impound all dogs and cats running at large within the City of Plainview, and it shall further be the duty of the dog and cat catcher of the City of Plainview to pick up and impound all dogs or cats the owners of which have or are vi plating the °terms and provisions of any section of this Ordinance. -(e) All dogs picked up and impounded in accordance with and under the terms and provisions of this ordinance shall be delt with and disposed of in accordance with the terms and provisions of the applicable sections of this ordinance. SECTION 19: PUBLIC NUISANCE - ACTS CONSTITUTING. The following acts and conditions are hereby declared to be a public nuisance and are prohibited within the city limits of the City of :Plainview. (a The harboring or maintaining of more than three dogs over six months of age in an enclosure unless the enclosure contains at. least 2,500 square feet of space for ea h dog so enclosed; (b The harboring or maintaining ng ng -of more three cats over three months of age in an enclosure .unless:the enclosure :contains :at least 1,250 square feet of space :f-or each cat so enclosed; (c) The harboring or maintaining of any dog or cat, or dogs or cats, in any enclosure unless the said enclosure is kept clean and sanitary and free of offensive odors; 3 84 (4) The harboring or maintaining of any dog or cat, or dogs or cats, in any enclosure unless the excrement from said dog or cat is cleaned up and disposed of or buried at least once every twenty-four hours. SECTION 20: ABATEMENT. (a) Duty to abate generally. Every person possessing any place in or on Which there is a nuisance as defined by Section 19 as soon as its presence comes to his knowledge shall proceed at once to abate such nuisance. (b) Duty of police officers and employees of Director of Public Safety, Health and Welfare. It shall be the duty of every police officer and every employee of the Director of Public Safety, Health and Welfare to watch for any nuisance as defined by Section 19 and to report at once all of the facts to the Director of Public Safety and Welfare. (c) Notice and order to abate. Whenever any nuisance as defined in Section 19 shall exist, the Director of Public Safety, Health and Welfare shall notify, in writing, the owner or occupant of the premises where the nuisance exists and shall order the owner or occupant to abate and/or remove the nuisance dmscribed in such notice within such time which may be specified. (d) Extension of time. Within the period of time given in the order for abate- ment, the owner or occupant shall have the right to appear in the office of the Director of Public Safety, Health and Welfare to show cause why the order should not or cannot be complied with; and the Director of Public Safety, Health and Welfare mmy, at his discretion, give such extension of time for the abatement of the nuisance as may be necessary if there is no immediate danger to public health. (e) Abatement by City. If the owner or occupant refuses to obey an order to abate as provided in the preceding subsections, or if the premises are unoccupied, or if the owner cannot be found, the Director of Public Safety, Health and Welfare shall cause the nuisance to be abated or removed and shall defray the costs thereof at the expense of the City. All expenses so incurred shall be charged against the owner and shall constitute a lien on the premises where the nuisance existed. (f) Making, permitting nuisance, constitutes misdemeanor. Every nuisance defined in Section 19 is prohibited and forbidden and any person making, causing, permitting or maintaining any of such nuisances shall be guilty of a misdemeanor for each day the nuisance continues. (g) Disposition of animal. The Director of Public Safety, Health and Welfare shall have the power to cause the abatement by ordering the dogs or cats kept by the person maintaining the nuisance impounded in accordance with the terms and provisions of this Ordinance in regard to impounding dogs or cats. SECTION 21: ENFORCEMENT OF THIS ORDINANCE. It shall be the duty of the Director of Public Safety, Health and Welfare to cause all dogs or eats running at large within the limits of the City, and to cause all dogs or cats not wearing the tag provided for in this Ordinance showing that the license fee on such dog or cat has been paid for the current year, to be picked up and impounded. It shall be the duty of the Director of Public Safety, Health and Welfare of the City of Plainview to pick up and impound all dogs or cats, the owners of which have or are violating the terms and provisions of this Ordinance. SECTION 22: PENALTY FOR VIOLATION OF THIS ORDINANCE. Anyypersan who violates or fails to comply with any provisions or provision 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 $100.00, and any person who shall aid, abet or assist in the violation of any provision 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 $100.00. 7 — SECTION 23: REPEAL, Article X of Chapter 4 of "The Code of the City of Plainview, Texas, 1957", Ordinance No. 64-812, Ordinance No, 64-827, Ordinance No. 64-828, of the City of Plainview, and all other Ordinances or parts of Ordinances of the City of Plainview in conflict herewith are hereby repealed. SECTION 24: 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 invslid or unconstitutional, 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 Geo Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview Daily Herald PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4-4343 — P. 0. BOX 911 Plainview, Texas THE STATE OF TEXAS ) COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared James B. Oswald Business Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in ATTEST: Hale County, Texas, who stated on oath that the attached instrument was pub- lshed in said newspaper on each of the following dates, to-wit: Ord. #65-865 Signed: M. L. REA CITY CLERK City of Plainview i. 6 E April 16 - SUBSCRIBED AND SWORN TO BEFORE ME this . A Pr il A.D., 19 65 A. D. 19 6 5 Business-Manager (Title) 16th day of Notary Public, Hale County, Texas The Best investment For Your Advertising Dollar that this ordinance shall stand notwithstanding the invalidity of any part. PASSED AND APPROVED this 5th day of AprII A.D., 1965. Signed: M. B. HOOD MAYOR, City of Plainview 12 .. Friday, April 16, 1965 - -- - ',:; ,Legal IN 00- O N.. - i 2 I AN ORDINANCE L EF y (' LATIN(; AN)) II- DLERS SOLI ,..I s , (D SALES S \CL �` WARES AND 3IERCiyA1 - PUBLIC STREETS 1 WALKS. AND PROV EOL O ll i TIES FOR THE V - - !. D REPEALiN.._ NANCES IN CONFL " ;�• 1, BE 19 ORDAINED F# U LI'. j COUNCIL OF THE Ci I VjEWt. Is0K d w .an I SECTION 1 : P CF. PL1�' CONSTRLCTION OF 1 . This entire..- Ordinance is D i exercise. .310 ,.,'", . ves the {, RC Hoower of e statz and L, ` for the public safety, T,it_ 5 veniefCe and protection I j. '' and the citizens thereof, fi r, he provisions of this Ordk be construed far the acce.r of that' purpose. ,0 SECTION 2: DEFINITION 1t D, purposes.. of this Ordinance °`i . dler" or "solicitor" is axe who goes from house to ill I from place to place in the ing, selling or taking or de •'' ' er: used in offering .' to sell res, merchand, I. :any goods, magazi ! ices, e or M used in this Ordidan ; term "permit board" shalt I1 .. -. carp,ratiOn permit board c . I Se ction .,. ! � :cf Ti( 3ro d t...i}t,l 0110 Io 111 011113S 0113 lilnl d to dam 00011 ° elm ;tyta� Ltot EH MwgS , ) a d 0l 113 30 Pop snolotuvp ao summit 1 1dt00a1 ascwajj 3 � t ° C ^. AUm. 30 ut .1311.111.0 10 apse," 1 3, . (4 . 13 pgsn u I i 0104: uo �u;nRq `1 Ik.tl wY aoga 7001 {3 :;tilt 103ind;,t331tn act jjsijs u 's'I�V'ld a p aV loud .� 1 'i a Ii d NI (IaLIaIHO2Id S.L d0 oyes ut aajial : 80 SOOQ . SIl.0Ia1e1 ti? LSIa[Z73S p punodun Ans s'0 Ia 'AO 0113 tt! 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P .a ER at�l ,� •44 3 "9 g r S a{ ,�� 11%'4,4_,, d �I �`' I i!f7∎ � t as n A 11 1moz1au 0 &lxi;Se 4 1 � og a s -t t � t as t ,:-_, , 40-03" i ---^"-: . x44 . •cI.�') NO � • (2) A certificate or letter from the president, a vice president, general manager, sales manager, assistant sales manager or district or area manager of the company for which.the - applicant_ works, -sells or solicits, stating that the applicant is an employee and/or agent of such company. (3) A reference to a recognized financial rating publication, which reference shall show the page on which the company's or firm's financeial standing can be found; or a letter or a certificate from an association or organization which has as its purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization. In the event that the applicant is an individual who is not working, selling or .. -_ - -- - -- ,......a.... .a...,w net 1 -inn fx•nts titn (2) citizens Plainview THE - STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared James B. Oswald Business Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition lished in said newspaper on each of the following dates, to-wit. April 16 Ordinance 65 -$66 Plainview Daily Dail Herald PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol4 -4343 — P. O. BOX 911 Plainview, Texas A. D. 1 Busjnese Manager (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 16th day of ril. A.D., 19. 65 The Best Investment For Your Advertising Dollar Notary lic, Hale County, Texas Wholesale > LUMBER CO. WHY PAY MORE? STUDS - Douglas Fir Econocy 8' Lengths 35c.. Standard & Better precut 53c LUMBER -. Douglas Fir 234. 2x8 Econ. & Better . $7.95 234. 2x6 Std. a Better 510.95 2x4 Std. (by the bundle) $9.50 1310 Channel Lcp No. 2 Y.P. 1312 No. 3 W.F. ReSaw Decking 58.50 SITEETRQOR 4x8 Sheet 1/4" 3/8" 1/2" 1/2" 4x12 sheets 5/8" $1.10 51.20 $1.40 $2.10 $1.81 $ Dollar Saving Specials $ Alum. Storm Deer with Grille 529.50 Alum, Storm Windows $12.76 6x6 -10/10 RC -Meal: (750' ro11) 51 8 Common Nails -_ $9.00 5/8" Partical Board Per Square 512.50 COME IN AND VISIT US, WE'RE HERE TO SERVE YOIJ 3009 W. 7th. , CA 4.5553 Plainview, Texas Cali Willson & Son FOR Dependable Carpenters AND Painters Call us today. CA 4 -5417 HOLDEN AGENCY NO MEDICAL EXAM Enrollment period.;. ends April 30, 1965 r Play It Safe When'Yoit Tour Finauciai Future ASK POSEY ?ADWAY CA 4 -6952 ,,y way to be sure. With a life; Program that will protect your W. and at retirement .pay you a come for the rest of your life. RAYMOND GARMS Building Nlinterial QUESTIONS ABOUT SWAYZ Complete Co mmod e QUALITY MERCHANDISE SINCE 9 875 Aluminum Stor various sizes Each Wood Storm Doors, Each Screen Doors, 36 ", each Screen Door Louvre Inserts . $ 0 6' Tapered $ Oak Stakes, Ea... s�" 5' Tapered Oak Stakes, ea, � 0 5 1x8 Pa Pine - 1 .a es e 2 x 6 -10' & 12' W. C. Douglas Fir, K. D., per $0 o r! hundred .. 4x8 -?4" Pref. V. G. Mahog- any Paneling, $ nice, each t , U Legal ORD1NANC : AN "O R F g KEEPING - OF D OG - TH E CITY O F L ' t)U TH E L A . VACCINATI OF AL I I ° P CATS KEPT IN THE �k Cst I'LAINVIEW;. ;PROVIDTN'RE IMPOUNDING OF HOGS il FOUND RUNNING AT• LA Y gr�S VIDING FOR THE 1MP0$, D O G S AND CATS THAT O F;, LICEN$1 D AND VACCINA I3A T A CITY DOG .'„ POUND; , pROVIDING FO S) FOR THE R, TIo EDEMP:1:°}1 AND ` CATS SO" IIvYPONE, E P ROCED1IRI FORE ING • DOGS ANDTS VIDING FOR THE DRUCt3F DOGS, AND CATS- s DNEMED BT THE OR PERSON S OTH: 'RR THAN d OF P L A I N V 1`E W. PRESCRIBI THE DUTIES ;OF THE bi112ECT AND P W EIL F.A ,BAr E NI; E1 1NC ANT) TANCEN E PROVIDING O � DOG, !AND CAT .CATCHEtt DEQLAR ING IT A NIIISANCK ' AND "A= 14T1f DT CERTAIN G CtONIN TIONS; PROVIDING F OR 'r H EENP'OACEMEN O F . T HIS O R NANCE; PROVIDING - F d<iI SE VERANC E CLAUSE : 1LL ORDINANCES IN, V NG A0 PENH T F OR ON," HEREO CATI F. BE IT ORDAIN BY TH COUNCIL ' OF THE CITY : CY F. VIEW SECTION' 1, D EEINITIONS T sowing -wor an phrases .as u this Ordinance 'shall have the Ings re spectively : a scribed fo th ttn - section un thet context v wi cates s: AT LA RGE ' lfi owner a rge tion shall $ 02 2 the+yprenn o f the u nder the contitrh of the own -,I member 0f 'his :3mmddiate' 2 a either .by leash, cord, chairs or wi and the we ' o f a }: by a ...dog Dag sh al l . n be regar control under this de I?OG. shall incl and fema CAT,, Ca t incu both le. l and female. • OWNER Owner sh *nee!. ind n o wp#ng keeping e du or ha -lc : cat TIO S2 - EA1$,IES It V h ail N eT the I the o wner- o r keep er of e ail every d and , `i t c 1 hav u ddg or c at Vaccina ted i agaiu s st rabies by a ' practic kept in . a = least once each ' year; p rovid e however, that each dog or cat' .rttu have have b ee n vaccinated withi oa . o f the date o f the Owner 3 keeper's applicatio for 'the Ii oens require in this a or wzth3nu< 3 months prior to t exp iration date e the l .applie fpr. ION 3: Lt S t i EE DURAT : is , hsre SECT ION. There ry tix e. and a as a police- regula 1ps tidn 21 the pro tection , op the public mhea license fee ' -of 52.2321 ' -her annum again£ the owne cat or keepe "of ea oy o h ; I every dog o .f .,. 2n t Cl #kotn April I s u ttcu year iU r� prll 1st o the sU � � �r n , >_ 1 ceedin5 31ear , an d _ a P y parl ,su 210 'I IHS OS 'I A1v'INn ; qq) -napy g ala yaoas Y J'dgs' ,5 d canstde, . . ' 30 3)41 See 2u 3 I tS �'au-ma aql xop C15 r io aso a • 1 .yo 'poog to "P31P l3) 150' 0,14 . .0.013 14 3og ` Pioa xo 'ascpa 0uaaaur 10 010301 03 :32030 Slro sa lsm spoon Sue' 103 ssap 813301 e Ireq., 31 a3 eurpso 10 3u12tg3gx9 a1A10ld `Ia311as io asodsnd- 5132 -Lad 5 .103 Up 3 u Loa m31 2313 ag3a1 a0 10 u U2IVO ff ` ZIPS2I 4ae.sie as;gnd S 30 s uo 01n A 30 13 ptnl3 > d2I� adfy QISN BP3VS 1a o "SUE 10 1 r Kanr2 She 0310303 , 550 0 53 0103111010 Sa 3103 B . uol3ozra 3ro 1 0 (203;s3ads - ns a �" 3 q q II a , s a cr a l .: -au 'JP - u ' e u ,odyba 1 0 m ° ' 1 - s<lasat3dds 0, 14 r oQ 0 [1 0 1 s . ' -au .you .Iarppad oN 'S,Ld a aja 50 10013 uo33 Epu3uadro aa x` 30 sx a � r.3 RSf1 'in3Aw-INn ( :9I 'NOISO . -0x03 so ` !mg " 504 103 °u 4 j ' 50 133a0 `201 sons ' 533 is, x 03)10 4q our K 133 53 3' 0 t 0 3 negn ua 53 2uea13dds, a 253 0.711.7 .3 F ; nE ` yapdn apE ' 0 so . : aslpuega � � 7 a . � -sour Au0' 3 s103ug112srp Sg • apauiz - s3a0ssE 1 5arp S 0 30TES 5 n 30 391003 En < a Vans i0 8 a1p„ud 2 9 po�3 n T 1 E3 - 'tn' n s[ S ; - - q 10 3 i s4b :b 'sa3ES- 10 sla3anss2 3012190 8¢12 sa ?1d s sau. ' F2p 1003 Sq ,. ate E 01. apnm sails : main Lo 302 2sule3e 1 - 0 1 8 3 4 3 5 310 344 u `r - ij otu 510 io su9z13 ?p 30 "u l 3 3) 3 p slajlsnbpzaq uoq*. no 'Jaded 021 53 ear{ ga uor}E+, ue s S13nP° 4 ' P°04 ''.1514,- 4 ' p053 : - ua 0x02 .a;ea3L xa - .. _ .... T? �3a _ . E s a... o- = P i A S.q . >u. IS SILA,N• I TERFE or' iabie• t In v 1C, e; Fa h d e' . "C that this . ordinance shall stand notwithstanding the invalidity of any part. PASSED AND APPROVED this 5th day of April , A.D., 1965. Signed: CITY CLERK M. L. REA City of Plainview AN ORDINANCE DEFINING, REGULATING AND LICENSING PEDDLERS AND SOLICITORS, AND RE- GULATING SALES OF GOODS, WARES AND MERCHANDISE ON PUBLIC STREETS AND SIDEWALKS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT .HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: PURPOSE. AND CONSTRUCTION OF ORDINANCE. This entiere Ordinance is and shall be deemed an, exercise of the police power of the state , and of the city for the public safety, comfort, convenience and protection of the city and the citizens thereof, and all of the provisions of this Ordinance shall be construed for the accomplishment of that purpose. SECTION 2: DEFINITIONS, For the purposes of this Ordinance, a "peddler" or " solicitor" is any person who .goes from house to house or from place to place in the city soliciting, selling or taking orders for or offering to sell or take . orders for any goods, wares, merchandise, services, photographs or magazines. As used in this Ordinance, the term "permit board" shall mean the corporation permit board created by Section 3. SECTION 3L.. ESTABLISHMENT, COMPOSITION AND GENERAL DUTIES OF PERMIT BOARD. There is hereby established the corporation permit board of the city, the official name of which shall be "The Corporation Permit Board of the City of Plainview ". The permit board shall be composed of the City Manager,, who shall be chairman of the board, the Director of Public Safety, Health and Welfare, the Chief of Police, and the City Clerk. The permit board shall perform all duties incumbent upon it under the terms of this Ordinance. SECTION 4: REQUIRED. It shall be unlawful for any peddler or solicitor to engage in any activity mentioned in Section 2 without having first applied for and obtained a permit so to do from the city. SECTION 5: APPLICATION - GENERALLY. Any person desiring a permit required by this Ordinance shall make written application therefor to the City Clerk for a permit so to do, which application shall show the following: I ORDINANCE NO. 65 -866 Signed: M. B. HOOD MAYOR, City of Plainview (1,) ..The :full; name and post office address of the applicant. (2) The state, county, town or city in which the applicant permanently resides. (3) The age, height, weight, complexion, color of hair and color of eyes of the applicant. (4) The occupation in which the Applicant desires to engage and for which he desires_ a permit. (5) A full and complete description of the goods, wares and merchandise or other', articles or tokens which applicant desires to sell, which description shall give in detail the grade and character of the property to be sold. Further descript. ion as to grade and quality may be required by the permit board. (6) Whether the applicant has ever been convicted of a felony or a misdemeanor _involving moral turpitude. SECTION 6: SAME - ATTACHMENTS. There shall be attached to each application under this Ordinance the following: (1) Tow (2) recent photographic likenesses of the applicant's face ,. which photographs shall not exceed one inch (1 ") square in size. (2) A certificate or letter from the president, a vice president, general manager, sales manager, assistant sales manager or district or area manager of the company for which,the applicant works, sells or solicits, stating that the applicant is an employee and /or agent of such company. (3) A reference to a recognized financial rating publication, which reference shall show the page on which the company's or firm's financeial standing can be found; or a Letter or a certificate from an association or organization which has as its" purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization. In the event that the applicant is an individual who is not working, selling or soliciting for any firm or company, letters of recommendation from two (2) citizens of the applicant's permanent residence shall be submitted. SECTION 7: SANE - CONSIDERATION BY PERMIT BOARD. Upon the filing of an application for a permit under this Ordinance, it shall be the duty of the City Clerk to retain the application until time for the permit board to consider the same. The permit board shall meet each Monday at 9:00 A.M. All applications fined' with the City Clerk prior to the preceding Wednesday shall be considered by the permit board on the next succeeding Monday. Applications filed between Wednesday: morning and Saturday shall be considered by the permit board on the second Monday after filing. SECTION 8: FEE. Each applicant for a permit under this Ordinance who resides in the city and furnishes local references shall be charged an investigation fee of five dollars ($5.00). Each such applicant who resides outside , of the City shall be charged an investigation fee' of fifteen dollars($15.00): SECTION 9: ISSUANCE. Ifs, upon hearing, it shall appear = -to -the permit board or a majority thereof that the statements contained in an application for a permit under this Ordinance - - are' true, and that.the' applicant has the right, under the Constitution and laws'of =this state and'under' the ordinances of this city, to engage in business, and that - the applicant has not been convicted of -a felony or a misde- meanor involving moral tur--pitude; permit 'board shall issue such permit to the applicant; SECTION 10: the following: (1) The name of the applicant -and his - address. (2) ` physical description of the applicant, (3) A photographic likeness furnished with the application. (4) The date the permit was issued. CONTENTS. Each permit issued under this Ordinance shall contain SECTION 11: TO BE CARRIED ON PERSON. It shall be unlawful for any peddler or solicitor to engage in any activity for which a permit is required by this Ordinance, unless he carries such - permit' on his person while so engaged. SECTION 12: DURATION. All permits issued under this Ordinance shall be valid from the date shown thereon for a period of one (1) year, unless sooner revoked as provided in the Ordinance. SECTION 13: REVOCATION. If, after the permit provided for in this Ordinance has been issued, the permit board or other agency or official of the city finds that the permit was obtained by false representation in the application, such permit may be revoked by the permit board. Such permit may also be revoked, if it shall appear to the permit board that the holder of such permit has violated any ordinance of the city or any law of the state in connection with any soliciting by such holder or in connection with the collection, or attempted collection, of any angount due to such permit holder or his employer, of any account due to such permit holder or his employer, or in connection with the collection, or attempted collection, of any account due to such permit holder or his employer, of any account due to such permit holder or his employer, or in connection with the repossession or attempted re- possession or attempted repossession of goods sold by such permit holder or any other person employed by the employer of such permit holders SECTION 14:' APPEALS FROM DECISIONS OF PERMIT - BOARD. If the applicant for a permit under this Ordinance Or the holder of such a permit is dissatisfied with any holding or finding of the permitbbard, he shall have the right to appeal to the City Council by filing a written notice -of such appeal with the permit board within ten (10) days from the making and filing of such decision of the permit board. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the permit board in connection with such application and such permit shall be delivered to the City Council and such matters as may be in controversy shall be heard by the Council at its next regular meeting after the filing of the notice of appeal. The City Council shall have the same powers and authority at such hearing on such appeal as is vested in the permit board by this article. SECTION 15: EXEMPTIONS FROM ORDINANCE. The provisions of thes Ordinance shall not apply to the sale or soliciting of orders for the sale of milk, dairy„products, bakery products, vegetables, poultry, eggs, or other farm and garden products which have been raised or produced by the vendor; daily deliveries of milk and bakery and other food products; newspaper distribution when headquarters are maintained in the City of Plainview; sales made to dealers by commercial travelers or sales agents in the usual course of business; sales made by distributors of any merchandise; or sales Made under authority and by order of law. S CTION 16: (a) UNLAWFUL USE OF STREETS. No peddler nor any other person or corporation or association or organization shall have or maintain in a stationary location, any truk, trailer, booth or any other kind of structure on any publicstreet or alley in the City of Plainview for the purpose of selling, exhibiting, or solicit2 . ing orders for any goods, wares or merchandise, or cold drinks, hot drinks or fo od, nor fox the purpose of exhibiting any kind of exhibit. (b) UNLAWFUL TO SELL ON SIDEWALKS. It shall be unlawful for any person to sell or offer for sale any of the goods or articles mentioned in Section 2 of this Ordin- ance on the sidewalks of the City of Plainview unless such goods are offered for sale or sold by, a person owning, occupying or controlling the premises adjoining or adja- cent 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) UNLWFUL PARKING ON STREETS. It shall be unlawful for any person to stop, stand or park any motor vehicle, truck, trailer or vehicle of any kind on any public street or alley in the City of Plainview for the purpose of selling, exhibiting or solici ing orders for any goods, wares, merchandise, cold drinks, hot drinks, or food, for a onger period than ten (10) minutes. (d) UNLAWFUL PARKING NEAR SCHOOLS. It shall be unlawful for any person to stand, stop or park any motor vehicle, truck, trailer or vehicle of any kind at any place on any public street or alley located within six bbndred feet (600') of any public school in the City of Plainview, for the purpose of selling, exhibiting or soliciting orders for any goods, wares, merchandise, cole drinks, hot drinks, or food. S 17: BOND. Every applicant for a permit to solicit or take orders for or attempt to take orders for the sale of goods, wares or merchandis or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, not a resident of the City of Plainview, shall file with the City Clerk a surety bond, running to the City in the amount of $1,000.00 with surety acceptable to and approved by the City Manager, conditioned that the said appli- cant s 11 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 guaranteeing to any citizen of the City of Plainview that all moey paid as a down payment will be accounted for and applied according to the repres ntations of the solicitor and further guaranteeing to any citizen of the City of Pla nview doing business with said solicitor that the property purch will be delive ed according to the representations of said solicitor. Action on such bond may be broght in the name of the City to the use and benefit of the aggrieved person. S CTION 18: PENALTY. Any person violating any of the provisions of this Ordina ce shall upon conviction thereof be punished by a fine of not less than t 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 separate offense. CTION 19: SEVERANCE CLAUSE. The provisions of this Ordinance are declared to be everable and if any section, sentence, clause or phrase of this Ordinance shall or any reason be held to be invalid or unconstitutional, such decision shall not of ect the validity of the remaining sections, sentences, clauses or phrases of this dinance, but they shall remain in effect, it being the legislative intent that t is Ordinance shall stand notwithstanding the invalidity of any part. SECTION 20: REPEAL OF CONFLICTING ORDINANCES. Ordinance No. 797 and Ordinance No. 79 and all other ordinances or parts of ordinances of the City of Plainview inconsistent with the provisions of this Ordinance are hereby repealed. PASSED AND ADOPTED this 5th day of April , A.D., 1965. ATTEST: (Seal) Signed: M. L. REA CITY CLERK, City of Plainview Signed: M. B. HOOD MAYOR, City of Plainview ORDINANCE NO. 65-867 hew AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON PORTIONS OF SOUTH DATE STREET IN THE tio CITY OF PLAINVIEW; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, after an engineering and traffic investigation, the City Council of the City of Plainview finds that circumstances are such that the maximum reasonable and safe speed for the operation of vehicles under conditions found to exist on South Date Street in the City of Plainview, is as prescribed by the Ordinance hereinafter enacted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The speed limit on South Date Street in the City of Plainview, Texas, at locations hereinafter designated shall be as follows: (a) The meximum legal speed limit on South Date Street for southbound traffic only shall be forty miles per hour from the point of intersection with the center line of East Fifth Street to the point of intersection with the center line of East Second Street (a distance of 0.272 mile); thence fifty miles per hour tta point 385 feet South of the point of intersection with the center line of Oak Street, a distance of 0.864 mile; thence fifty five miles per hour to a point 821 feet North of the point of intersection with the center line of Bryan Street, a distance of 0.230 mile; thence sixty miles per hour to the South City Limit, a point 245 feet South of the intersection with the center line of Bryan Street, a distance of 0.200 mile. (b) The maximum legal speed limit on South Date Street for northbound traffic only shall be sixty miles per hour from the South City Limit, a point 245 feet South of the intersection with the center line of Bryan Street, to a point 821 feet north of the point of intersection with the center line of Bryan Street, a distance of 0.200 Idle; thence fifty five miles per hour to a point 554 feet South of the point of intersection with the center line of OakStreet, a distance of 0.200 mile; thence forty five miles per hour to the point of intersection with the center line of Southeast Fourth Street, a distance of 0.523 mile; thence fifty miles per hour to the point of intersection with the center line of East Second Street, a distance of 0.371 mile; thence forty miles per hour to the point of intersection with the center line of East Fifth Street, a distance of 0.272 mile. SECTION 2: Notwithstanding the provisions and speed limits fixed by Section I (a) and (b) of this Ordinance, that portion of South Date Street between Third Street and Fifth Street is hereby declared to be a achool zone, and the meximum speed limit on siad portion of South Date Street shall be twenty miles per hour between the hours of 8:00 A.M. and 4:00 P.M. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week, except during the times as may be prescribed by Ordinance No. 65-850 of the City of Plainview which shall apply to said school zone. At all other times the said speed limit on said portion South Date Street between Third Street and Fifth Street as herein designated to be a school zone shall be as provided in Section I (a) and (b) of this Ordinance. SECTION 3: It shall be unlawful for any person to operate a motor 'vehicle which is self-propelled, or automobile or motorcycle, at a speed greater than that which is hereinabeve designated in Section 1 and Section 2 of this Ordinance as the speed limit on the above designated portions of South Date S in the City of Plainview. SECTION 4: All Ordinances or parts of Ordinances in conflict with the pre= visions of this Ordinance are hereby repealed. SECTION 5: Any person who shall violate or fail to comply with the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction there- of shall be punished by a fine of not less than $1.00 and not more than $200.00. PASSED AND APPROVED this 5th day of April , A.D. 1965. ATTEST: (Seal) Signed: M. L. REA City Clerk, City of Plainview Signed: M. B. HOOD Mayor, City of Plainview ORDINANCE NO. 65 -868 AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON FIFTH STREET IN THE CITY OF PLAINVIEW; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, after an engineering and traffic investigation, the City Council of the City of Plainview finds that circumstances are such that the maximum reasonable and safe speed for the operation of vehicles under conditions found to exist on Fifth Street in the City of Plainview, is as prescribed by the Ordinance hereinafter enacted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The speed limit on Fifth Street in the City of Plainview, at the locations hereinafter designated shall be as follows: (a) The meximum legal speed limit on Fifth Street in the City of Plainview for eastbound traffic only shall be fifty five miles per hour from the West City Limit, a point 800 feet West of the point of intersection with the center line og Garland Street, to a point of intersection with the center line of Ennis Street, a distance of 0.379 mile; thence fifty miles per hour to the point of intersection with the center line of Amarillo Street, a distance of 0.292; thence forty miles per hour to the point of intersection with the center line o Columbia Street, a distance of 1.729 mile; thence thirty miles per hour to the point of intersection with the center line of Ash Street, a distance of 01293 mile; thence thirty five miles per hour to the point of "intersection w th the center line of Elm Street, a distance of 0.285 mile; thence forty five miles' per hour to the East City Limit, a point 1,131 feet East of the point ok intersection with the center line of Milwee S a distance of 0.534 mile. (b) The maximum legal speed limit on Fifth Streed in the City of Plainview fer west bound traffic only shall be fifty miles per hour from the East City limit, a point 1,844 feet East of the point of intersection with center line oc Milwee Street, to a point 524 feet east of the point of intersection with the cneter line of Milwee Street, a distance of 0.250 mile; thence forty five miles per hour to the point of intersection with the center line of Elm Street, a distance of 0.534 mile; thence thirty five miles per hour to the paint of intersection with the center line of Ash Street, a distance of 0.285 mile; thence thirty miles per hour to the point of intersection with the center line of Columbia Street, a distance of 0.293 mile; thence forty miles per hour to the point of intersection with the center line of Amarillo Street, a distance of 1.729 stiles; thence fifty miles per hour to the point of intersection with the center line of Ennis Street, a distance of 0.292 • thence fifty five miles per hour to the West City Limit, a point 800 feet West of the point of intersection with the center line of Garland Street, a distance of 0,379 mile. SECTION 2: Notwithstanding the provisions and speed limits fixed by Section 1 (a) and (b) of this Ordinance, that portion of Fifth Street between Elm Street and Cedar Street is hereby declared to be a school zone, and the maximum speed limit on said portion of Fifth Street shall be twenty miles per hour between the hours of 8:00 A.M. and 4:00 P.M. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week, except during the times as may be prescribed by Ordinance No. 65 -850 of the City of Plainview which shall apply to said school zone. At all other times the said speed limit on said portion of Fifth Street between Elm Street and Cedar Street as herein designated to be a school zone shall be as provided in Section 1° (a) ad (b) of this Ordinance. SECTION 3: It shall be unlawful for any person to operate a motor vehicle which is self- propelled, or automobile or motorcycle, at a speed greater than that which is heeinabove designated in Section 1 and Section 2 of this Ordinance as the speed limit on the above designated portions of Fifth Street in the City of Plainview. SECTION 4: All Ordinances or parts of Ordinances in conflict with the pro- visions of this Ordinance are hereby repealed. SECTION 5: Any 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 by a fine or not less than $1.00 and not more than $200.00. PASSED AND APPROVED this 5th day of April , A.D., 1965 Signed: M. B. HOOD Attest: (Seal - ) Signed: M. L. REA i"ty Clerk, City of Plainview Mayor, City of Plainview ORDINANCE NO. 65-869 AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON PORTIONS OF NORTH DATE STREET IN THE CITY OF PLAINVWW; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, after an engineering and traffic Investigation, the City Council of the City of Plainview finds that circumstances are such that the maximum reasonable and safe speed for the operation of vehicles under conditions found to exist on North Date Street in the City of Plainview, is as prescribed in the Ordinance here- inafter enacted; NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The speed limit on North Date S in the City of Plainview, at the locations hereinafter designated shall be as follows: Signed: On North Date Street beginning at the east city limit intersection with the center of 24th Street, a point approximately 38 feet east of the inter- section with the center line of Date Street, the maximum legal speed shall be forty miles per hour for traffic in both directions via 24th Street and North Date Street to the point of intersection with center line of East. 14 th Street, a distance of 0 mile; thence thirty-five miles per hour to the point of intersection with the center line of East 8th Street, a distance of 0.563 mile; thence thirty miles per hour to the center line of East 5th Street, a distance of 0.260 mile* SECTION 2: It shall be unlawful for any person to operate a motor vehicle which is self-propelled, or automobile or motorcycle, at a speed greater than that which is hereinabove designated in Section 1 of this Ordinance as the speed limit on the above designated portions of North Date Street in the City of Plainview* SECTION 3: Ali Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4: Any 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 by a fine of not leas than $1.00 and not more than $2.00.004 PASSED AND APPROVED this 17th day of May , 1965. ATTEST: (Seal) M. L. REA CITY CLERK, City of Plainview Signed: 14. B. HOOD MAYOR, City of Plainview AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON PORTIONS OF QUINCY STREET AND DIMMITT ROAD NORTHWEST IN THE CITY OF PLAINVIEW: REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, after an engineering and traffic investigation, the City Council of the City of Plainview finds that circumstances are such that the meximum reason- able and safe speed for the operation of vehicles under conditions found to exist on Fifth Street in the City of Plainview, is as prescribed by the Ordinance here- inafter enacted; NOW, THEREFORE, BE I ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SICTION 1: The speed limit on Quincy Street and Dimmitt Road Northwest, at the locations hereinafter designated shall be as follows: ( ) The maximum legal speed limit for southbound traffic only shall be fifty Lies per hour from the North City Limit, a point 49 feet northwesterly of the P int of intersection with the center line of West 24th Street, to a point of i tersection with the center line of West 20th Street, a distance of 0.3I5 ile; thence forty miles per hour to the point of intersection with the center line of West 16th Street, a distance of 0.273 mile; thence thirty five miles pr hour to the point of intersection with the center line of West 5th Street, a distance of 0.980 mile. 14 : ( ) The maximum legal speed limit for northbound traffic only shall be thirty five miles per hour from the point of intersection with the center line of est 5th Street to the point of intersection with the center line of West 14th S a distance of 0.788 mile; thence forty miles per hour to the point of intersection with the center line of West 20th Street, a distance of 0.415 ile; thence fifty miles per hour to the North City Limits, a point 49 feet orthwesterly of the point of intersection with the center line of West 4th Street, a distance of 0.315 mile. ECTION 2: Notwithstanding the provisions and speed limits fixed by Section 1 (a) nd (b) of this Ordinance, that portion of Quincy Street between Sixteenth Stre t and Tenth Street is hereby declared to be a achool zone, and the maximum spee limit on said portion of Quincy Street shall be twenty miles per hour betw en the hours of 800 A.M. and 4:00 P.M. on Mondays, Tuesdays, Wednesdays, Thur day t and Fridays of each week, except during the times as may be prescribed by 0 dinence No. 65-850 of the City of Plainview which shall apply to said school zone At all other times the said speed limit on said portion of Quincy Street betw en Sixteenth Street and Tenth Street as herein designated to be a school zone shal be as provided in Section I (a) and (b) of this Ordinance. ECTION 3: It shall be unlawful for any person to operate a motor vehicle whicI is sefl-propelled, or automobile or motorcycle, at a speed greater than that which is hereinabove designated in Section 1 and Section 2 of this Ordinance as t e speed limit on the above designated portions of Quincy Street and Dimmitt Road Northwest in the City of Plainview. ECTION 4: All Ordinances or parts of Ordinances in conflict with the pro- visi ns of this Ordinance are hereby repealed. ECTION 5: Any person who shall violate or fail to comply with the provisions of t is Ordinance shall be deemed guilty of a misdemeanor and upon conviction they of shall be punished by a fine of not less than $1.00 and not more than $200400. ORDINANCE NO. 65-870 ASSED AND APPROVED this 5th day of April , A.D., 1965. ATTEST: (Seal) Signedl M. L. REA City Clerk, City of Plainview Signed: M. B. HOOD ayor, City of Plainview THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW APPLICATION FOR ANNEXATION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PIIIIEW Now comes, Eleanor Price and husband, Joel L. Price and respectfully petition the City Council of the City of Plainview to annex to the City of Plainview the following described area, to -wit: Being Five (5) acres of land out of and a part of the North west One - fourth (NW 1/4) of Section No. 28, in Block JK -2, in Hale County, Texas, and described by metes and bounds, as follows: BEGINNING at a point where the East line of said NW 1/4 of said Section No. 28, Block JK -2, intersects with the South Right -of- way Line of State Highway No. 28, also being U. S. High- way No. 70, for the Northeast Corner of this tract; THENCE Northwesterly, along the South line of said State Highway No. 28, right -of -way, 265.8 feet to a point in said South Line of said State High- way No. 28, Right -of -Way, for the Northwest Corner of this tract; THENCE South 916.3 feet to a point for the Southwest Corner of this tract; East 250 feet to a point in East Line of said NW 1/4 of said Section No. 28, for the Southeast Corner of this tract; THENCE North along the East Line of said NW 1/4 of said Section No. Block JK -2, to the place of Beginning. In connection with this petition and application for annexation, the undersigned will respectfully show to the Honorable City Council of the City of Plainview as follows: I. That Eleanor Price and husband, Joel L. Price are the owners of all of the land herein above described except that portion included in streets and alleys. II. That said area and land is contiguous to the City'Limits of the City Plainview, and is accessible to City Water and City Sewer. WHEREFORE, petitioners respectfully request that said area and territory hereinabove described be annexed to the City of Plainview and brought within its City Limits. WHEREAS, ELEANOR PRICE ORDINANCE NO. 65 -871 Eleanor Price Joel L. Price JOEL L PRICE A N O R D I N A N C E A N N E X I N G AND I N C O R P O R A T I N G I N T O THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO ;` AND FINDING AND DETERMINING THAT PETITIONS HAVE BEEN DULY SIGNED BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PRO - CEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; AND MAKING SAID AREA SUB' JECT 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, by Eleanor Price and Husband, Joel L. Price, owners of the hereinafter described alnd, petitioning the City Council of the City of Plainview annex and admit the following described area and territory into the City of Plainview, Texas, to -wit: A tract of land out of the North half of Section 28, Block JK -2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point where the East line of the NW 1/4 of Section 28, Block JK -2, Hale County, Texas, intersects with the south right of way line of State Highway No. 28, also being U. S. Highway No. 70; THENCE Northwesterly, along the South line of said State Highway No. 28, right of way, 265.8 feet to a point in said south line of said State Highway No. 28, right of way, for the Northwest corner of this tract; THENCE South 916.3 feet to a point for the southwest corner of this tract; THENCE East at 250 feet pass a point in the east line of said NW 1/4 of said Section No. 28, also being a point in the west right of way line of Highway Loop 274, in all 627.7 feet to a point in the east right of way line of said Highway Loop 274 for the southeast corner of this tract; THENCE N 3 ° 33'33" E 675.8 feet.along the east right of way line of said Highway Pow Plainview, r• THE STATE OF TEXAS ) COUNTY OF HALE lisped in said newspaper on each of the following dates, to -wit: Plainview } } V , Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview, Texas wily Herald PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4-4343 — P. O. BOX 91:1 BEFORE ME, the undersigned authority, on this day personally appeared James B. Oswald Business Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- The Best Investment For Your Advertising Dollar (Title) April 2 A.D. 19 65 Business Manager SUBSCRIBED AND SWORN TO BEFORE ME this 2 nd day of A pr i lA.D., 19 65 . Notary Public, Hale County, Texas . - . and City best area NOW, Loop 274 and the west line of Grandview Addition, Plainview, in the south right of way line of said State Highway No. 28, of this tract; THENCE Northwesterly 712.0 feet along the south right of way Highway, No. 28 to the Place of Beginning and containing 11.9 or less; WHEREAS, prior to the instttution of said annexation proceedings and pursuant to said petition, notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainview was duly given, by publishing same r - -,in the Plainview Daily Herald in accordance with the requirements of the Statutes of the State of Texas, and said public hearing was duly held; and WHEREAS, the City Council finds that all of said area is contiguous to the present Limits of the City of Plainview, and that it is desirable, expedient and for the interest for the residents of said area and for the City of Plainview that said be annexed to the City of Plainview; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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: A tract of land out of the North half of Section 28, Block JK -2, Hale County, Texas, described by metes and bounds as follows BEGINNING at a point where the East line of the NW 1/4 of Section 28, Block JK-2, Hale County, Texas, intersects with the south right of way line of State No 28, also being U. S. Highway No 70; THENCE Northwesterly, along the South line of said State Highway No 28, right of way, for the Northwest corner of this tract; THENCE South 916.3 feet to a point for the southwest corner of this tract; THENCE East at 250 feet pass a point in the east line of said NW 1/4 of said Section No. 28, also being a point in the west right of way line of Highway Loop 274;' in all 627.7 feet to a point in the east right of way line of said Highway Loop 274 for the southeast corner of this tract; THENCE N 3 °33'33" E 675.8 feet along the east right of way line of said Highway Loop 274 and the west line of Grandview Addition, Plainview, Texas, to a point in the south right of way line of said State Highway No. 28, for the Northeast corner of this tract; THENCE Northwesterly 712.0 feet along the south right of way line of said State Highway No. 28 to the Place of Beginning and containing 11.9 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 2: It is found and determined that the owners of said tract of land have petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accordari e with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is therefore ordained by the City Council of the City of Plainview that said petition in all things be granted and that the above described area be and the same is annexed to and made a part of the City of Plainview, Texas. SECTION 5: It is further ordained by the City Council of the City of Plainview, that the above described area, from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainviewt, andtbe subject to taxes and other assessments which may be levied by law by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED this 19th day of April , A. D. 1965. Signed: M. B. HOOD MAYOR, City of Plainview ATTEST: (Seal) Signed: M. L. REA CITIY CLERK, City of Plainview line of said State acres of land, more Texas, to a point for the Northeast corner ORDINANCE NO. 65-872 AN ORDINANCE FIXING ANT PRESCRIBING SPEED LIMITS ON SOUTH BROADWAY STREET IN THE CITY OF PLAINVIEW; PRESCRIBING A SCHOOL ZONE ON SAID STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, it has been determined on the basis of an engineering and traffic investigation that the maximum reasonable and safe speed for the operation of vehicles upon South Broadway Street in the City of Plainview is as prescribed by the provisions of the Ordinance hereinafter enacted, and upon the basis of an engineering and traffic investigation, the City Council finds that on South Broadway Street a greater speed than thirty miles per hour is safe and reasonable on the portions of said street within the City Limits wherein the speed limit is prescribed in excess of thirty miles per hour; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Any person operating a motor vehicle which is self-propelled shall be permitted to operate said motor vehicle at a speed not to exceed forty miles per hour on that portion of South Broadway Street from the North inter- section line of Second Street and South Broadway Street to the North intersection line of Second Street and South Broadway Street to the North intersection line of Southwest Tenth Street and South Broadway Street, and from the North inter- section line of Crestway Street and South Broadway Street to the intersection of D. S. Highway No. 87 and South Broadway Street. SECTION 2: There is hereby established a school zone on that portion of South Broadway Street between the South intersection of Southwest Tenth S and Broadway Street and the North intersection of Crestway Street and Broadway Street; and on that portion of said South Broadway Street in the City of Plainview, any person operating a motor vehicle which is self-propelled, including motorcycles, shall not operate the same at a speed in excess of twenty miles per hour between the hours of 8:00 A.M. and 4:00 P.M. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week. The provisions of Ordinance No. 65-850 of the City of Plainview shall apply to the school zone hereby established. SECTION 3: It shall be unlawful for any person to operate a motor vehicle which is self-propelled on any portion of South Broadway Street in the City of Plainview at a speed greater than the permissable rate of speed as provided in Section 1 and Section 2 hereof. SECTION 4: All ordinances or parts of ordinances in conflict with the provisions of. this Ordinance are hereby repealed. SECTION 5: Any person who shall violate or fail to comply with the provi- sions 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 $200.00. PASSED AND APPROVED this 19th day of April , A.D., 1965. ATTEST: (Seal) Signed: M. L. REA CITY CLERK, City of Plainview Singed: M. B. HOOD MAYOR, City of Plainview ORDINANCE NO. 65-873 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the city of Plainvieefinds it is necessary to appropriate certain specific funds out of Swim. Fool Bond Con. Funds for an approved project, and this ordinance deals with the daily operation of City departments in public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Park Bond Fund to-wit: The sum $3,375.,00. For the following purpose: Purchase of self-operated ATTEST: (Seal) — - - lockers for the three swimming pools under construction. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED PasSed by the Council on this 3rd day of - May , 1965. Signed: M. L. REA City Clerk ATTEST: (Seal) Signed: M. L. REA City Secretary Signed: Approved by: Head of Department Department ORDINANCE NO. 65-874 AN APPROPRIATION ORDINANCE ORDINANCE NO. 65-875 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: MAYOR M. B. HOOD MAYOR WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Water & Sewer Con. Funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby apprdpriated out of the following described W & S Con. Fund to-wit: The sum $1,394.00. For the following purpose: To Bud gibbons in the amount of $1,394.00 for work done in completion of a water well located on Jefferson Drive. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creat- ing a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 3rd day of May , 1965. Signed: M. B. HOOD Verified by: MARSHALL PHARR City Manager Approved by: Wm. R. Rogge Engineering Head of Department , Department AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of St. Improvement Bond funds for an approval project, and this ordinance deals with the daily operation of City departments in the public interest which creates an<emergency: NOW, THEREFORE, There is hereby appropriated out of the following described St. Improvement Bond fund, to-wit: The Sum $755.33. For the following purpose: Payment of Austin Mallow for dirt work done on 16th Street between Wayland and Yonkers. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two(2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 3rd day of May , 1965. ATTEST: (Seal) Signed: M. L. REA City Secretary City Manager Approved by: Wm. R. Rogge Engineering Head of Department Department ORDINANCE NO. 65-876 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General funds for an approved project, and this ordinance deals with the daily operation of City Departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General fund, to-wit: The sum $550.00. For the following purpose: Extension of paving in the Thunderbird School area for the City's portion of street and excess of 41 feet so as to provide a greater length of paving around the Thunderbird School area. WHEREAS, anemergency exists as shown in the'preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 3rd day of May , 1965 Signed: M. B. HOOD ATTEST: (Seal) Signed: M. L. REA City Secretary Verified by: Marshall Pharr City Manager Approved by: Wm. R. Hogge Engineering Head of Department Department ORDINANCE NO. 65-877 S igned: MAY AN APPROPRIATION ORDINANCE 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Verified by: Marshall Pharr MAYOR . B. HOOD WHEREAS, the City Council of the City of Plainview finds it is necessary to approrpiate certain specific funds out of 'Water & Sewer Con. funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, There is hereby appropriated out of the following described W. & S. Con. fund toacetti The sum $6,405.00. For the gollowing purpose: For the furnishing of all necessary materials, supplies, equipment, superintendents, andlallbor for cleaning, sand blasting, repairing and recoating an elevated steel water tank for the City of Plainview, Texas WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public', necessity that the rule inquiring proposed ordinances to be presented at two (2) Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND I T I S S O O R D E R E D f _. Passed by the Council on this 3rd day of May , 1965. Signed: M. B. HOOD ATTEST: (Seal) Signed: M. L. REA Verified by: MARSHALL PHARR City Secretary City Manager Approved by: WM. R. HOGGE Engineering STATE OF TEXAS COUNTY OF HALE MAYOR Head of Department Department In accordance with the laws of the State of Texas, the undersigned property owners hereby petition the City of Plainview, Hale County, Texas to vacate and close that portion of the alley, being 20 feet by 114 feet and lying between Lots 1 and 2 on the east side of said alley and Lots 7 and 8 on the west side of said alley, all in Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas, which said alley was dedicated on or about June 30, 1927, by that Dedication Deed and Plat recorded in Book 81, Pages 604 through 607, reference to said recorded Dedication Deed and Plat being here made for all pertinent purposes. 1. -. -J. S. EOFF and J. E. GREEN, on or about June 30, 1927, executed the Dedication Deed and Plat of the Eoff -Green Addition to the Town of Plainview, Hale County, Texas, as set out above. That portion of the alley running between Lots 1, 2, 7 and 8 of said Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas sought to be closed hereby was never opened to the public as an alley and over thirty (30) years ago was abandoned and never used as an alley. 2. The oepning of the alley between Lots 1 and 2 and 7 -8, Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas, would create a hazardous condition for the public in that there is no means by street or other platted property for the alley opening to the South in Block Four (4), Eoff -Green Addition for ingress or egress to the south side of this block. The land lying to the South of this block is privately owned and has been for many, many years. There are no preset plans for the platting or developing of the property to the South of this alley, said alleyway leads into a blind intersection with St. Louis Street and cannot proceed north across St. Louis Street into Block No. Two (2), Eoff -Green Addition to the Town of Plainview, Hale County, Texas which no attempt has been made to open said alleyway and said alleyway would cre ate a hazardous situation to pedestrains, motorists and vehicular traffic attempting to use said alleyway. 3. The undersigned are the only abutting property owners Lots 1, 2, 7 and 8, Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas which abuts the alleyway proposed to be closed at this time. The undersigned would allege and assert to the Council and would show to the Council that it would be to the best interest of the public that the said alleyway referred to above be closed. 4. Consent of the remaining property owners. owning Lots Nos. 3, 4, 5, and 6 in said block are enclosed herewith, showing the consent for the closing of such alleyway, with the exception of Lot No. Four (4), owned by a Mr. A. W. Sone, whose address is unknown and who cannot be located; the said Mr. A. W. Sone has not for many, many years, paid taxes on this said property, nor after the exercise of due diligence can the said A. W. Sone be located, he apparently having purchased or been deeded this property on or about the year 1927 and has not been heard of or been located since that time. PETITION TO CLOSE PORTION OF ALLEY NV 5. Therefore, based upon the facts stated above, the undersigned, abutting property owners, Dr. Eugene McCarthy, Jeff H. Davis Dr. W. Ralph Thomas, imago Dr. Joe J. Horn and John B. McKenna hereby request that that part of the alley lying between Lots 1, 2, 7 and 8, Block Four (4), Eoff- Green Addition to the Town of Plainview, Hale County, Texas, be closed by properly adopted and recorded City Ordinance. STATE OF TEXAS COUNTY OF HALE Respectfully Submitted, ORDINANCE NO. 65 -878 DR. EUGENE G. MCCARTHY Dr. Eugene G. McCarthy DR. JEFF H. DAVIS Dr. Jeff H. Davis Dr. RALPH W. THOMAS Dr. Ralph W. Thomas Dr. JOE J. HORN Dr. joe J. Horn JOHN B. MCKENNA John B. McKenna CONSENT FOR THE CLOSING OF A PORTION OF AN ALLEY IN THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS. The undersigned property owners, owning Lots Nos. 3, 5 and 6, all in Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas, do hereby consent and join Drs. Eugene G. McCarthy, Jeff H. Davis, W. Ralph Thomas and Joe J. Horn; and John B. McKenna, in petitioning the City of Plainview to close that alleyway located between Lots 1, 2, 7 and 8, Block Four (4), Eoff- Green Addition to the Town of Plainview, Hale County, Texas, representing to the City that this alleyway has never been opened or used by the pubic; that it would create a hazardous situation to the public to attempt` to open or use said alleyway and that it would be in the best interest of the y public that this alleyway be perma® nently ubl closed and that it not be used. WINTESS OUR HANDS This the 27th day of April, A.D., 1965. ADRIAN MADISON, Individually and as Community Administratrix of the Fred H. Madison Estate. VICTOR R. NOWLIN Victor R. Nowlin, Individually and as Executor of the C. S. Nowlin Estate. KENNETH BROWN Kenneth Brown AN ORDINANCE CLOSING THE ALLEY LYING BETWEEN LOTS 1, 2, 7 and 8, BLOCK FOUR, EOFF GREEN ADDITION TO THE TOWN OF PLAINVIEW, HALE COUNTY, TEXAS, AS SHOWN BY THAT PLAT RECORDED IN VOL. 81, PAGE 607, DEED RECORDS, HALE COUNTY, TEXAS, REFERENCE TO SAID RECORDED PLAT BEING HERE MADE FOR ALL PERTINENT PURPOSES; SAID ALLEY RUNNING FROM ST. LOUIS STREET SOUTH A DISTANCE OF APPROXIMATELY 114 FEET TO THE SOUTH EDGE OF LOTS NOS. 2 and 7, BLOCK FOUR, EOFF GREEN ADDITION TO THE TOWN OF PLAINVIEW,,HALE COUNTY, TEXAS. WHEREAS, DR. EUGENE. G. McCARTHY, DR. JEFF H. DAVIS, DR. RALPH W. THOMAS, DR. JOE J. HORN AND JOHN B. McKENNA, are the owners, of all of the land on both sides of that portion of the alleyway running North and South between Lots 1, 2, 7 and 8, Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas, as shown and reflected by the Dedication Deed and Plat, recorded in Vol. 81, Page 607, Deed Records, Hale County, Texas; and, WHEREAS, the apove described portion of the alleyway lying between Lots 1, 2, 7 and 8, Block Four (4), Eoff -Green Addition to the Town of Plainview, Hale County, Texas , was never opened and used by the - public in general in accordance with the Dedication Deed referred to herein and to the contrary, has long since been abandon- ed as an alleyway; and, WHE AS, the opening of said portion of said alieywayf because of the fact that said alley does not have any means of providing an exit on the south end of said block and because of the fact that it would create a blind intersection at St. Louis Street because of the improvements located and situated close to said alley, would cause a dangerous and hazardous situation to pedestrains and motorists and other vehicular traffic on and to said portion of said alley; and, WHEREAS, the closing of said portion of said alley lying between Lots 1, 2, 7 and 8 Block Four (4),' Eoff -Green Addition to the Town of Plainview, Hale County, Texas, ould be in the public interest and for the safety of the public generally; and, WHEREAS, at a public hearing held by and before the City Council of the City of Plainview, at its regular session, on the -- 3rd day of May , 1965, to serve the best interests of the public and to avoid the creation of a hazardous and dangerous situation which would exist if the alleyway were ever opened for pedes- train and vehicular traffic, and also because the use of the alleyway is not practi- cal or possible in its present location, and since said alleyway has long since been abandoned and never used by the public as an alleway; ;;1, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That the alleyway in the City of Plainview running between Lots 1, 2, 7 an 8, running 20 feet east and west and 114 feet north and south, in Block Four (4), Eo f -Green Addition to the Town of Plainview, Hale County, Texas be, and the same hereby 1s, closed. SE T�: That the City Council finds that it is in the public interest to closet t portion of the said alleyway as provided in Section 1 of this Ordinance. SECTION 3: That the said portion of the alleyway as provided in Section 1 of this Ordinance shall not be used or designated as an alleyway and that the owners of the property contiguous to said alleyway may take possession thereof and may use tha same in accordance with the laws of the State of Texas. PASSED, APPROVED AND ADOPTED THIS 3rd day of May , 1965. ATTEST:', (Seal) Signed: JM. L. REA M. L. REA, City Clerk, City of Plainview M. B. HOOD M. B HOOD, Mayor, City of Plainview STATE OF TEXAS COUNTY OF HALE KNOW ALL MEN BY THESE PRESENTS: THAT DR. JOE J. HORN, DR. EUGENE G. McCARTHY, DR. JEFF H. DAVIS, DR. W. RALPH THOMAS nd JOHN B. McKENNA, of the County of Hale, State of Texas, in consideration of the ume of Ten Dollars ($10.00) and Other good and Valuable Consideration, in hand paid by the City of Plainview, a Municipal Corporation, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Plainview, the free and uninterrrupted use, liberty and privilege of the passage in, along, upon and across the following described tract of land located in the City of Plainview, Hale County, Texas, more particularly described as follows, to -wit: The South Fifteen (15) Feet of Lot Two (2), Block Four (4), Eoff - Green Addition to the City of Plainview, Hale County, Texas; for the purpose of constructing, reconstructing and perpetually maintaining water lines, tewer lines and any other public utilities along and across and under said tract of land, with the right and privilege at all times of the Grantee herein, its agents, employees, workmen and representatives, having ingress, egress and regress along, upon and across said premises for the purpose of maintaining, improving or recons ructing or repairing the said water lines, sewer lines or other public utilities1 or any part thereof. TO HAVE AND TO HOLD unto the said City of Plainview as aforesaid, for the purposes aforesaid, the premises above described. It is a condition and a covenant and a part of this instrument that the Grantors, their heirs, administrators and assigns, will at no time in the future lay any founda- tion or construct any permanent improvements upon or over the right-of-way herein spe6ifically described. And said Grantors do hereby bind themselves assigns, to warrant and forever defend all and s said City of Plainview, a Municipal Corporation, every person whomsoever lawfully claiming or to fund, to wit: ATTEST:, (Seal) WITNESS OUR HANDS, This 9th day of May, A. D., 1965. The sum $66,31 For the following purpose: To Kerr & Kerr Architects ORDINANCE NO. 65-879 their heirs, administrators and ingular the said premises unto the its successors and assigns, against claim the same or any part thereof. Signed: Dr. Joe J. H,rn AN APPROPRIATION ORDINANCE DR. JOE J. HORN Dr. Eugene G. McCarthy Dr. W. R Thomas DR. W. RALPH THOMAS John B. McKenna • WHERES, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Park Bond funds for an aperoved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described —Park Bond AND IT I 9!S0 ORDERED Passed by the Council on this 3rd day of May Signed M. B. HOOD Mayor Signed: M. L. REA City Secretary Verified by: Marshall Pharr Approved By Head of Dept. Department City Manager , 1965. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creat- ng a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. ORDINANCE NO. 65-880 AN APPROPRIATION; ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Park Bond funds for an approved project and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: The is hereby appropriated out of the folliwing described Park Bond fund, to -wit: The sum $4,420.91 For the following purpose: Pament to Hayden Sales Company for Certificate #1, Swumming Pool Construction. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with and this ordinance shall be effecti 're from the date of its passage. ' AND I T I S S O ORDERED Passed by the Council on this 3rd day of May , 1965. Signed: M. B. HOOD ATTEST: Seal) Signed: M. L. Rea City Secretary Approved by: Head of Dept. Department ORDINANCE NO. 65 -881 AN ORDINANCE EXCEPTING THE DRIVERS OF AUTHORIZED EMERGENCY VEHICLES FROM COMPLYING WITH THE ORDINANCES OF THE CITY OF PLAINVIEW PERTA][NING TO SPEED LIMITS AND TRAFFIC REGULATIONS; PROVIDING FOR SPECIFIC EXCEPTIONS; AND DEFINING AUTHORIZED EMERGENCY VEHICLES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW; SECTION 1: Definitions. (a) The term "vehicle" as that term is used herein, includes'and refers to every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively "ppon stationary rails or tracks. (b) The term "authorized urgency vehicles" as that term is used herein, includes and refers to vehicles of the fire department, police vehicles, public and private ambulances for which permits have been issued by the City of Plainview or by the State Board of Health, and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the governing body of the City of Plainview. SECTION 2: (a) The provisions of any Ordinance of the City of Plainview per - taining to trafficregulations and speed limits applicable to drivers of vehicles upon the streets or highways of the City of Plainview, shall apply to the drivers of vehicles owned or operated by the United States, the State of Texas or any other political subdivision of the state, subject to such specific exemptions as are set forth in the Ordinance with reference to authoriezed emergency vehicles. (b) The driver of any authorted emergency vehicles when responding to an emergency call upon approaching a red or stop signal or any stop signes shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal. Mayor Verified by: Marshall Pharr City Manager 101 102 IN, ZZ (c) No driver et any authorized emergency vehicles shall assume any special privilege under this Ordinance except when such vehicle is operated in response anar to an emergency call or in the immediate pursuit of an actual or suspected tat violator of the law. SECTION 3: This Ordinance is applicable to the Ordinances of the City of Plain- view only and where necessary shall be construed as not being in conflict with the provisions of Article 6701d, Vernon's Annotated Civil Statutes of the State of Texas. SECTION 4: 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 unconstitutional, 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 remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. ATTEST: (Seal) Signed: M. L. Rea M. L. Rea, City Clerk BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: ATTEST: (Seal) Iiiped: M. L. REA CITY CLERU, City of Plainview PASSED AND APPROVED, this 17th day of May , A.D., 1965. Signed: M. B. HOOD M. B. Hood, Mayor ORDINANCE NO. 65-882 AN ORDINANCE AMENDING SECTION 15 OF ORDINANCE NO. 65-866 OF THE CITY OF PLAINVIEW, REGULATING AND LICENSING PEDDLERS AND SOLICITORS, AND REGULATING THE SALE OF GOODS, WARES AND MERCHANDISE ON PUBLIC STREETS AND SIDEWALKS. SECTION 1: Section 15 of Ordinance No. 65-866 of the City of Plainview is hereby amended so as to hereafter read as follows: " SECTION 15: EXEMPTIONS FROM ORDINANCE. The provisions of this Ordinance shall not apply to the sale or soliciting of orders for the sale of milk, dairy products, bakery products, vegetables, poultry, eggs, or other farm and garden products which have been raised or producted by the vendor; daily deliveries of milk and bakery and other food products; newspaper distribution when headquarters are maintained in the City of Plainview; sales made to dealers by commercial travelers or sales agents in the usual course of business." PASSED AND APPROVED this 17th day of May A.D., 1965. Signed: M. B. HOOD MAYOR, City of Pla nVie Plainview ! ,' invalid or " e a IQ tll sr ainio e: clauses 01 phrlIae ing `fi legislat THE STATE OF TEXAS ) COUNTY OF HALE June Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview Daily Herald PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4-4343 — P. O. BOX Plainview, Texas BEFORE ME, the undersigned authority, on this day personalll James B. Oswald General Manager (Title) ammonia, similar ma to huznan Park of the Plainview Daily Herald, a newspaper of general circulation puck Hale County, Texas, who stated on oath that the attached instrument lashed in said newspaper on each of the following dates, to -wit: ordinance, nce able „ an '... June 24, A. I 3 2 (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 24th A.D., 19 65 . The Best Investment For Your Advertising Dollar Notary Public, Hale County, Texas Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview Daily Herald s1 cries THE STATE OF TEXAS ) ) COUNTY OF HALE PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol4 -4343 — P. O. BOX Plainview, Texas BEFORE ME, the undersigned authority, on this day personall James B. Oswald General Manager ! of the Plainview Daily Herald, a newspaper of general circulation pu. Hale County, Texas, who stated on oath that the attached instrument lished in said newspaper on each of the following dates, to -wit: June 24, A. I June A.D., 19 65 . (Title) (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 24th Notary Public, Hale County, Texas The Best Investment For Your Advertising Dollar SUBSCRIBED AND SWORN TO BEFORE ME this 24 th day of ..June A.D., 19..65 Notary Public, Hale County, Texas The Best Investment For Your Advertising Dollar ORDINANCE NO. 65 -883 AN ORDINANCE PROHIBITING CERTAIN VEHICLES FROM PARKING ON PUBLIC STREETS IN THE CITY OF PLAINVIEW; AND PROVIDING A PENALTY FOR THE :VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: sa SECTION 1: No person driving or in charge of any motor vehicle, truck, truck tractor or trailer used for the purpose of transporting any inflamable materials such as butane, gasoline or coal oil, shall stop, stand or park orcause to be parked'ahy such vehicle on any public street in the City of Plainview at any time unless said vehicle is at all times while so parked on said public street attended by a driver who is in charge of said vehicle at all such times. SECTION 2: No person driving or in charge of any motor vehicle, truck, truck tractor or trailer used for the purpose of transporting anhydrous ammonia, ammonia, or any other similar material which is dangerous to human beings, shall stop, stand or park or cause to be parked any time unless said vehicle is at all times while so parked on said public street attended by a driver who is in charge of said vehicle at all such times. SECTION 3: 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 unconstitutional, 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 4: Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be punished by a fine of not less than One Dollr ($1.00) and not more than Two Hundred Dollars ($200.00) and each a every day this ordinance is violated shall constitute a separate offense. PASSED AND APPROVED this 21st day of June ATTEST: _ (Seal) M. L. REA City Clerk, City of Plainview ORDINANCE NO. 65 -884 M. B. HOOD MAYOR, City of Plainview , A.D., 1965 AN ORDINANCE AMENDING 'SECTION .8:'`OF ARTICLE III` OF CHAPTER 4 OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957" IN REGARD TO REGULATIONS PERTAINING TO THE KEEPING OF FOWLS WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW; PROCIDING FOR SEVERABILITY AND PROVIDING APP FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Section 8 of Article III of Chapter 4 of "The code of the City of Plainview, Texas, 1957" is hereby amended so as to hereafter read as follows: It shall be unlawful for any person, firm or corporation to keep for any length of time whatever, any fowl or any type or kind of fowl whatsoever, within the City Limits of the City of Plainview, Texas, except under the following conditions: (1) That fowls may be kept within the City Limits the said fowls are maintained or the roosts where within one hundred (100) feet of any residence or such fowls may be kept within one hundred (100) fe the owner of same. (2) That any person, firm or corporation maintaining such pens or roosts for fowls within the City Limits shall keep such pens and roosts in a clean provided the pens where they are kept are not dwelling, except that et of the residence of 03 and sanitary condition. SECTION 2: The provisions of this ordinance are declared and if any section, sentence, clause or phrase of this ordinance be held to be invalid or unconstitutional, such decision .hall no validity of the remaining sections, sentences, clauses or phrases but they shall remain in effect, it being the legislative intent finance shall stand notwithstanding the invalidity of any part. SECTION 3: Any person violating the terms and provisions shall, upon conviction thereof, be punished by a fine of not less ($1.00) and not more than Two Hundred Dollars ($200.00) and each this ordinance is violated shall constitute a separate offense. PASSED AND APPROVED. this 21st day of June , A. D., 1965. ATTEST: (Seal) Signed: M. L. REA CITY CLERK, City of Plainview ORDINANCE NO. 65 -885 AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON RAISING OR KEEPING ANY TYPE OF CHICKENS, TURKEYS, DUCKS, GUINEAS, OR PIGEONS OR ANY OTHER TYPE OR KIND OF FOWL, TO ALLOW OR PERMIT THE SAME TO BE AT LARGE OR TO RUN AT LARGE WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: It shall be unlawful for any person, firm or corporation raising or keeping any type of chickens, turkeys, ducks, guineas or pigeons or any other type or kind of fowl to allow or permit the same to be at large or to run at large within the City Limits of the City of Plainview. SECTION 2: 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 unconstitutional, 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 3: Any person violating the terms and 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) and each and every day this ordinance is violated shall constitute a separate offense. PASSED AND APPROVED this 21st day of June , A. D., 1965. Signed: M. B. HOOD MAYOR, City of Plainview ATTEST: (Seal) Signed: M. L. REA CITY CLERK, City of Plainview Signed: M. B. HOOD MAYOR, City of - Plainvie to be severable shall for any reason' t affect the of this ordinance, that this ord- of this ordinance than One Dollar and every day Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition THE STATE OF TEXAS ) COUN±Y OF HALE lished in Janes 13, Oswald June A.D., 19 65 Plainview Daily Heraki PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol4 -4343 — P. O. BOX BEFORE ME, the undersigned authority, on this day personall General Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation pu Hale County, Texas, who stated on oath that the attached instrument aid newspaper on each of the following dates, to -wit: June 24, 1965 tiu 7000 Plainview, Texas (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 24th The Best Investment For Your Advertising Dollar day of Notary Public, Hale County, Texas THE STATE OF COUNTY OF HAL] BEFORE ME, th James B . ©sU;al of the Plainview Daily Hale County, Texas, w lished in said newspaper SUBSCRIBED A July A.D., 19.... Published NOTICE OF S' ELECTION TO FOR THE G7'` FOR THE PURPOSE O: AN ALDERMAN TO F FICE. OF ALDERMAN FOR TERM OF ` ALDERNI'AN GEORGE. L. TAYLOR, DECEASED Notice is hereby given for an elec- tion to be held in and for the City of i Plainvtew on the fourth Tuesday in August, of 1965, the same being the i 24th day of August, 1965, for the elec- tion of an alderman to fill the vacan- cy caused by the death of Alderman George L. Taylor. The ordinance providing for the election and setting out the officer to be elected and other pertinent in- formation in regard thereto is as fol- lows: ORDINANCE NO. 65 -886 AN ORDINANCE CALLING AND SETTING THE TIME FOR A SPE- CIAL - MUNICIPAL ELECTION F 0 R THE CITY OF PLAINVIEW TO BE HELD ON THE FOIIRH TUESDAY T IN AUGUST OF 1965, THE SAME BEING THE 24TH DAY OF AUGUST, 1965, FOR THE ELECTION OF ONE ALDERMAN TO FILL THE VACAN- CY OF ALDERMAN, WHICH VAC- ANCY EXISTS BECAUSE OF THE DEATH OF ALDERMAN GEORGE L. TAYLOR. BE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF PLAIN - VIEW: SECTION 1: In accordance with the statutes provided and the Charter of the City of -Plainview, a special election shall be held iti and fer the City of Plainview on the fourth Tues- day in August of • 1965, the same being the 24th day Of August, 1965, for the election ' of one-, alderman to fill the vacancy of alderman caused by the death of Alderman George L. Taylor On the 17th day' of Jtine,.: 1965. SECTION , 2: The alderman to be elected to fill the vacancy caused by the death of Aldernan George L. Taylor shall be elected to 'serve out the unexpired term of George L. Taylor shall be elected to serve out e unexpired term of George L. Tay or, whose term of office' would have xpiredon the ; 17th day of April, 1967. SECTION 3; Said election shall be held in the Mtinicipal 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 Commerce Building, and in the City Hall, which is located at 901. Broadway, and the entire City shall constitute two (2) election precincts, which shall be des - ignated':as follows: .._. (a) Precinct 1, which , precinct shall consist of all of that part of the City of. Plainview" lying North of Tenth Street. All residents of the City of Plainview residing North of -: Tenth Street .. in the City of < Plainview who _. qualified to vote at said election shall mote at the City Hall, which is located at 901 Broadway. (b) Precinct 2, which precinct shall conrist of all:. - that part of. the City of Plainview lying, South of Tenth Street:' All residents of the City of Plainview residing South of Tenth Street in the City of Plainview who are qualified to vote at said election shall vote at the Chamber of Commerce Building,; which . is located at 710. West Fifth SECTION 4: Said election shall be d ssese all, • exercise all "`1 ludges_Or nuI the Charter ofy ". and „gas prt¢ido the' Sta `Ts The fo tow itts hereby appOiiute officials of said" e1 T'- r€emct 1: ',Presiding Judge ,... Alternate Presidini T1 R Cl01* 1 s . °Jack Ford Clerk Mrs. - IEOn T �7stn Pre i eretk � 3: .Te shdhi g Judge C tf Slurmng Alternate P.resldmg Judge Mte - 3,larie' Bier L"lerk Mrs. BeuTah Mclnn1li Clerk Mrs. Tbeima` :$rssttlX It is provided that the` offlciale here- in designated as tha Alt ernate=- e ei diog Judge 'sh SWt the p e6Id d mg" Tudge and is :1:777s: authoriaB- to Perform ' duties he rte1i1l fg Judged in the ereevent , of Official tl5e abs that ? hby apupointeti` siding ,Tuge far the olecf 0u as inabove designated It 'is, further, - .provided that the iva imun number of Clerks which . MAY be appointed - tt- serve in said e)SGtion shall not-be- that excess 'of 'se*sa per sons and that the presiding - Judge said - .election shall appoint clerks to take the place,,of those: -above nartlgd who sinay not: be able to serve'" land, may Sppolrit; iae- many =':as ive° d 1d5 tional clerks as may ; be necessary for tha proper `conduct; of - this elec trop sgtnciO( 5 -The officer of the `City of I?iamvtew , t0 be elocted at the ' ihed in special electionf hereby ;caljd_ one alderman .'to 61I the. vacancy in the office of 'alderman caused by' the death: o George L. Taylor who 'died" is pub - on` the - 17th day of June, 1965. The term.- of -office for -the= alderinat -to be elected to -`fill said va.cpri'dy' - shall be for the unexpired term of the said deceased alderman „ George L :Tay- lor,- whose term of office would have Itpired on the lith day Of-Ap1li1, 1967. � � SECTION 6: Said election Shay- ° be held .under the : - provisions of the- `stat% utes of the `State of Texas and the' Charter .of - the- City of Plainview„ and all - persons qualified to vote in said {Title) The Best Investment For Yaur Advertising Dollar ppeared RE ME this 13th day of Notary Public, Hale County, Texas \ AN ORDINANCE CALLING AND SETTING THE TIME FOR A SPECIAL MUNICIPAL ELECTION FO THE CITY OF PLAINVIEW TO BE HELD ON THE Fourth TUESDAY IN August OF 1965,\THE SAME BEING THE 24th DAY OF August , 1965, FOR THE ELECTION OF ONE ALDER- MAN, WHICH VACANCY EXISTS BECAUSE OF THE DEATH OF ALDERMAN GEORGE L. TAYLOR. \ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: In accordance with the statutes provided and the Charter of the City of Plainview, a special election shall be held in and for the City of Plain- view on the fourth Tuesday in August of T965, the same bins the 24$h day of August , 1965, for the election of one alderman to ] ( caused by the death of Alderman George L. Taylor on the 17th day of June, 1965. S of Ald George April, S CTION 3: Said election shall be held in the Municipal Building of the City of Plaxnview, which is located at 710 West Fifth Street in the City of Plainview, which ls located at 710 West Fifth Street in the City of Plainview, which said building is also known as the Chamber of Commerce Building, and in the City Hall, which is located at 901 Broadway, and the entire City shall constitute two (2) election precincts, which shall be designated as follows: (a) Precinet 1, which precinct shall consist of all of that part of the City of Plainview lying North of Tenth Street. All residents of the City of Plainvi/w residing North of Tenth Street in the City of Plainview who are qualified to vote at said election shall vote at the City Hall, which is located at 901 broadway. (b) Precinct 2, which precinct shall consist of all that part of the City of Plainview lying South of Tenth Street. All residents of the City of Plainview residing South of Tenth Street in the City of Plainview who are qualified to vote at said election shall vote at the Chamber of Commerce Building which is located at 710 West Fifth Street. SECTION 4: Said election shall be conducted by the following who are hereby appointed to hold the election and designated as officials of said election: (1) P. H. Bryan (2) C. V. Durning (3) Mrs. Marie Bier Such persons shall appoint and select such Clerks and assistants as they may deem necessary and shall possess all of the authority and shall exercise all of the duties as election judges or supervisors as provided by the Charter of the City of Plainview and as provided by the Charter of the City of Plainview provided the statutes of the State of Texas. The following named persons are hereby of said election: Precinct 1: by CTION 2: The alderman to be elected to fill the vacancy caused by the death rman George L. Taylor shall be elected to serve out the unexpired term of L. Taylorowhose term of office would have expired on the 17th day of 1967. Precinct 2: Presiding Judge Alternate Presiding Clerk Clerk Presiding Judge Alternate Presiding Judge Clerk Clerk ORDINANCE NO. 65-886 and appointed and designated as officials P. H. Bryan Judge Mrs. L. D. Brown Mrs. Jack Ford Mrs. Don Tilson C: V. Durni as Mrs. Marie Bier Mrs. Beulah McInnish Mrs. Thelma Bristol 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 the presiding Judge in the event of the absence of that official hereby appointed presiding Judge for the election as hereinabove 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 seven persons and that the presid- 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 five additional clerks as may be necessary for the proper conduct of this election. 1:06 SECTION 5: The officer of the City of Plainview to be elected at the special election hereby called is one alderman to fill the vacancy in the office of alderman caused the death of George L. Taylor, who died on the 17th day of June, 1965. The term of office for the alderman to be elected to fill said vacancy shall be for the unexpired term of the said deceased alderman, George L. Taylor, whose term of office would have expired on the 17th day of April, 1967. SECTION 6: Said election shall be held under 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 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 3 above. SECTION 7: Notice of said election shall be given by posting and publication of a copy of this ordinance, and at the top of which shall appear the words "Notice of Special Municipal Election To Be Held In and For. the City of Plainview For the Purpose of Electing an Alderman To Fill the Office of Alderman For the Unexpired Term of Alderman George L. Taylor, Deceased." Thirty (30) days' previous notice of said election shall be given by posting a copy of this ordinance in three(3) public places in the City of Plainview, one of which shall be at the polling places; and by publication in some newspaper of general circulation in said City of Plainview. PASSED AND APPROVED on this 6th day of July, A.D., 1965. ATTEST: (Seal) Signed: M. L. REA M. L. REA, City Clerk The sum $ 954.00 ATTEST: (City Seal) Signed: M. L. REA City Secretary Signed: ORDINANCE NO. 65-887 (Inserted) AN APPROPRIATION ORDINANCE NO. 65-888 M. B. HOOD . B. HOOD, Mayor WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General funds for an approved project, and this ordinance deals with the daily operation of City Departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General fund, to-wit: For the following purpose: For salary for establishing Administrative Intern position at a beginning salary of $450.00 per month, and $54.00 for Social Secruity & Hospftalizat & Hospitalization and TMRS. WHEREAS, an emergency exists as shown in the pramble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 2nd day of August , 196 5 Signed: M. B. HOOD Mayor Leg w NOTTCI: TO BIDDERS OF COLIN- ; TY'S INTENTION TO LET CON_ TRACT OI2 CONRACTS Pb R CON- { STRUCTING IM PROVEMENTS: TO. I THE AIRPORT; AND OF THE IN- ' 7ENTION TO ISSUE. TIME WAR- 1 RANTS NOT TO EXCEED $30,000 IN PAYMENT OF ALL OR A PORTION OF THE COST THEREOF 5. SEALED PROPOSALS addressed to the Commissioners' Court of Hale County, Texas, will be received until ■ 5. 10ro0 o'clock A.M. on Sul at the office- of the. C n -$," , i i Cour,fholise, Plainview, Clerk, t oonstructin Texas, f o r g improvements to Airport including , furnishing all t rn m a- terials equipment, supervision, la- ant} in0 dental- for the recondi- S xnwg and seal coating of runways, and.. ay8 aprons, entrance. r o a d s ,parking areas, and the construct ton of asphaltic and concrete aprons 4F and parking ,. areas, in with plans and specificatio s a file f i the Office of the County Clerk, - Courthouse, Plafnview, they may be . Texas, i the t charge. examined without PROPOSAL 'FORMS, specifications, ,plans and contract documents may be examined or obtained . the office' of : WILLIAM HOGGE, Profes- sional Engineer, City Hall, Plainview, Texas,. One copy ,each of said dacu nients may be Obtained from said engineer upon Said en i payment - et , Said e- to Posit g' for each set. said. de- ors shall be refunded to all bid - upon returning said documents promptly and In good condition. Sup - plers and. subcontractors \ shall be ref unieidta $5.60 upon returning said worn, lotion. is promptly and in good con- I ens .desiring .. more than copies 'for 35.00: per set. met}t d ads w1t1t1n t pay forms prov d d t be submitted 0 th THE SUCCESSFUL bidder W be re- quired t6 furnish a performance bond a a :payment bond, each in the amount of the contract, written by a responsible surety company authoriz- to !do business satisfaa #nry tee o tlxe Com Texas to th ee. state of a>ad "itt�rssionelrsn" O ;cle 5760;, V out requited by Ar ATC,S. B ILIDE are cted to site o e wo f inspect the selves, o k and t ogrm them- of all local `conditions. ATTENTION • , of bidders is directed Ye `the provisions 6f Article 5159 Re- 6sed Civil- Statut of 1925, .as aloond- ad requiring that not leas than ,the general lireyailmg.. _rates of per diem wages for " work performed shall be Paid 911 ' laborers, . workmen and meche anise employed in the e ti pubilc Works: gns ructan of IT IS THE INTENTION Of the Com - n hi s ?all ror'- .Cou'rt of' portion of Hale C ounty I to price , b the p fssuai?ce and contract t th delivery ¢ contractor - of the - interest bearing trine' warrants o , s id Cou she' • princip and intere whie area be payable from ann> d" m valore'taxes.to be. Levied out of e r the Coi'inty s Constitutional Permanent , Ira- p ovement " Fund, such warrants to bear .interest at a rate not to exceed FO[IR AND ONE HALF PER CEN 4- /z ) per annum .A y •e annually cent) semi- aintualiy, issued in the principal sum. o f Milot to exceed THIRTY THOUS ANN "'DOLLARS (330,0001, Payable serf= i the maximum m h)1 ' ty ai Ot 3 rl 2e than " December 3I .19 70 to Later 8000 essful contractor or Contra - tars ' shall receive , such warrants in T instaflnjems based upon. period esti - y mates aproved by the Caminfssfon - era'; Court. Any portion of t „ price not the CO i s- s uance of such warrants will the i be d m `cash- all out of funds le : paid �. 1 a ble * for , that purpose.. g Y avail- �LW. NO BID' may be wit after the scheduled closing time for receipt of bids. `for at least 30 calendar daac 0 'Ty' has made arrange for the contracoar or con `s, ((Octal•- td dispose o f such w Jigrein m ambiguity : or lack: of Iarlty;. stating`, the 'price.. in the bids, ion lie Court reserves t'h'e rig s htht e an b 'tostruc id. . con ider `the - vantreject ageou c ther :mos ot r ad tp TdEIfITIgTY re se r ves the right, to `. e,�eet stay” or a1I bids and to award le contract to that bidder or bidders ,�'W ?n'i0h0 op; nion of the Commis t, offers ' the proposal to rest oP the .County. C. L., ABERNETHY lnty. Judge, Hale County Texas ' 1 ° June- 18, 25, 19'65 entioned value arr ' I all bidders s shall' 1' be 8overed e r , sizlv.' ' rned rial Seal AFFIDAVIT OF PUBLICATION TEXAS X X HALE X ME, the undersigned, on upon C Co missoti =Stunk satisfactory d m e That he is the ERTipIEII OR CASHIE#t'S che Court FYI!!3°s3llarz8(�,e' bond gi ven by a reliable' sure proposai ;any authorized to da Cam- WIEW . DAILY HERA which is a S of Texas, a w in the cour to the ordeer of HON. out .re- �neral circulati in the City AIIERNETih Coen N. C. L submitted , by each Judge, -half amount not less bidder, ili s, and published in said City. an f ":per cent) of bidder, amount of the n five per cent proposal ar bid the i bidder wf11 a a g uarantee that a nd execute ant ra into contract That he published performance and a true and c dace; of awar $ er o°`. e attached NOTICE TO BIDDERS C and +bids muwill s Bids without re quired chec hi ansal ob not be consider ION TO LET N all i e - G IMPROVEMENTS TO THE AIRPC ANT INTENTION TO ISSUE TIME WARRANT ED $30,000 IN PAYMENT OF ALL OE HE COST THEREOF in said newspai .owing dates: June 18 June 25 1965. ald oath deposes and his CONTRACT OR CONTRACZ 1965 1965 date of the first publication st fourteen (14) full days prix e set for receipt of bids. O RN TO AND SUBSCRIBED before me Notary; sa 0 DER TO ISSIJIr�); s lq T O F 0 ,.�' A. P ORT I OST TITE SEALa D, P$pP t71e 14layg i rand z C ty Council QTY aOFLA;IIERV�rTexas= k; be received at the OFFICE OF CIE' C EEERETA Xy tY M 33a11` P1attt viex T ex a s unto , I)f 00 o c �yy Jul 8 , 1965, 1' t consfrddting xan provente CITY fo1 the Airpdtt ancliiding on furmshntg' all t maflals yequipyrieiit sune lager and th for r th reco nd itlon iug -and seal as coating - of r w yus iitaxiways aprons en , tra nce` ro ads and . are- anp the constr o f asphaltic and conc rete aprons and Parking iarga in at cordan w}th'a p i Offi 4.d P specifi- canon , 'on file i n the of th ` City Se ' C ECi ` la Texas PLANS AND SPIFICAT10NS aw ay' be exaan withou charge at the. OSftce of. the Ci Secretary, lfropo al forms spf eifieaiton s :,picas .,aitd: 0antra - d - may m ed orr from the office off"' W HO . Professional - En g Cit Ha 1, . Pl Tex One copy each o f sa t `do c m nents >anay be obtained, ,.from ,ti :eng ineer .. upon payment o` �$ar09 to s eagi/ Deer for each an ,Taid-dep OT shall be r efunded to , a n bidd 'up .re- turnin - sa i''il do cuments p a In good co Suppliers an 'Sub cort ractors sha be+ refulid s 500 ;u:.p o n returni . ;s aid d ocuments 'promptly" `and i good condition P - '.: sons desiring more t than qn Y purchpse additiona copie. 00 per ` set. A: CERTIF OR •CASHIE3tf 0 colt,` or an D n ac 010 bond.': m an ;amout ot' less than five per cent (5. per 0001) of the total b shall ". accompanyti . each hid as ,a,- guaran ty. €hat, if .awarded the , eontradL Lice" �idder will' promptly enter =mtp a sropttact with 'the City of Plain vie w; and, fitrnish: hoods on file #arms era - vded. T$1E SUCCESSFUL bidder 0011 'be re- qu ired to furnish { a Performan0e Bond ' and a Paymet , Bond each! in the amount of the centred writtei by a °responsible surety n comany authortt= - ; to do business in the ..Stater of Te, and satis factory p to thus Conn oil; edxas as require by j Article bbl6t '" , U.A.T.C.S. BINDE RS are expected to iO3peet tits site work and .,;to nfornr them: selves Rot aft local cotions ATTENTION: of bidders ndi Pis .dsreted:,,,to„e the provisions of 'House Bill dlo 04 Chapter 45„ passedmby the Forty Third Legislature at" i °Regular Ses .; sign, requiring that .not less 'than 1110; ener prevailing rates of per .. era`" ages far work of, -- :similar r aharae far oun in the locality where the�.Word is performed shall' be paid. x11. Iaboz'yrs�`_' {workmen ao l.. mech.anics� "employe d file constructi ENT on of .puhiie woY IT IS THE INT ON of� }lie Cit3 icii of the City off, Piamview lIWt as, to iss or ue time '}varranfs aantractor . contractors itt paynt'eni of 811 or a portion of .the cost '0f tbs ab ove mentioned improvem o ents; nor PO exceed ';.,' sum f TEIR> TY THOUSAND. BOLLA1f$ i$ 0 0p0- said warrants to bear= interest'.; at rate not to exceed FOUR ANN 0114E 00ALF PER CENTUM {4 '/a T er sent) per annum, and 'to mature sac' rally, the m m8turuty elate ,to Ze not Iatert than the 31st ,day , of December, 1876 173E CITY has madO arrangements for the contractor or tontraetors td dispose qf, f ile warrants herein 4 inc tinned at their face value an d ,' eb'cli contractor roust agree r, 0 del she i 800rants at lac va to the, ;'party,` ritlr Whom the e City l ies made:` such` aarpisgements.. 0y , am inn( no0 patch. It1 tough the issua a delpve', ref :: v ariants shall be pai m c sfi ra 1'l s1a legally available f for (fie j per'; NO - RID may Se withdrawn after #let seh dine dosing lzme far r o0 faiths f or of Ieast N calen d ays s CA SE of amb gmty or lack 0! . in es st a t in g th e pr in the ids, the City reserv the litg ; ridnsjder the m ost advantag B es ebnn< ,,,t,`": ,,,t,`": se ther nr toy eject E' CITY re rves s .Lh¢, rail€ I re any or 8 11 bud and ton av 4 § contract t o that n bidder or -Jitd 1€IW who, in °the oniioh of the Ltfy; un tI, offers; th e proposa l to ; the befit interest -or me C IrI 16'6 may Plat iyiey d or 1 1 ORDINANCE RATIFYING AND CONFIRMING CONTRACT AND AUTHORIZING ISSUANCE OF $29,000 "CITY OF PLAINVIEW, TEXAS, AIRPORT IMPROVEMENT WARRANTS ", DATED JULY 15, , 1965 THE STATE OF TEXAS X X CITY OF PLAINVIEW X X COUNTY OF HALE X fi ON THIS the ialstpla day of July, 19658 ity Council of the City .of Plainview, Texas, convened session, at the regular meeting place thereof in the City Hall, with the following members present and in attendance, to -wit: E4 B. HOOD MAYOR MAURICE HANNA ) KELTZ GARRISON ) ALDERMEN MEDLIN CARPENTER ) JAMES W. DAVENPORT) and the following absent: ,/E constituting a quorum, and among other proceedings had were the following: The Mayor introduced a proposed ordinance. The ordinance was read in full. Alderman C4/(4,3-„✓ made a motion that any rule requir- ing ordinances to be read at more than one meeting of the City Council be suspended and the ordinance be passer as an emergency measure. The motion was seconded by Alderman ,, (( *4/ ' and carried "by the following vote: NOES None. Alderman AL.r.► NOES: None. AYES: Aldermen Hanna, Garrison, Carpenter, Davenport made a motion that the ordinance bel passed finally. The motion was seconded by Alderman ..L7.s'. w,i , and carried by the following vote: AYES: Aldermen Hanna, Garrison, Carpenter and Davenport The Mayor announced that the ordinance had been finally passed. The ordinance is as follows: ORDINANCE NO. 65 -887 "AN ORDINANCE by the City Council of the City of Plainview, Texas, ratifying and confirming contract by and between said City and BRYAN & HOFFMAN, Plainview, Texas, for constructing improvements to the Airport in Plainview, Texas, authorizing the issuance of interest bearing time warrants in the principal sum of $29,000, payable to said contractor, or bearer, for the purpose of financing all or a portion of the cost of such improve - ments; prescribing the form of warrants; levying a continuing, direct annual ad valorem tax on all taxable property within the City of Plainview, Texas, to pay the principal and interest of said warrants; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency." WHEREAS, heretofore to- wit: on the 16th day of June, 1965, the City Council of the City of Plainview, Texas, by resolution duly passed and entered of record, found and determined that it was necessary for the City to make certain improvements to the Airport in Plainview, Texas, in accordance . with plans and specifi- cations approved by the City Council and on file in the office of the City Secretary of the City of Plainview; and that all or a part of the cost of such construction should be financed by the issuance of interest bearing time warrants; and accordingly, the City Council, on said date and pursuant tosaid resolution, author - ized the Mayor to publish notice or advertisement for competitive bids for the construction of such improvements in accordance with said plans and specifications, and of the City's intention to issue interest bearing time warrants to pay all or a part of the cost thereof, and which resolution and Minutes pertaining thereto is of record in Book 13 of the Minutes of said City Council; and WHEREAS, the Mayor of the City of Plainview, Texas, pur- suant to authority conferred by the aforesaid resolution, duly issued and caused to be published the notice authorized by said resolution, it being found that same was duly published in a newspaper of general circulation in and published in said City, suc publication having been made on the following dates, to -wit: June 18, 1965 and June 25, 1965, the date of first publication being more than fourteen (14) full days prior to the 8th day of July, 1965, the date designated for the letting of contracts; and WHEREAS, it was provided and stipulated in said resolutio and also in said notice that sealed proposals would be received until 10:00 o'clock A.M. on the 8th day of July, 1965, at which time said proposals were to be publicly opened and read; and WHEREAS, the City Council of the City of Plainview,Texas, by resolution duly passed and adopted on the 8th day of July, 1965, which resolution is hereby ratified and confirmed, directed that the aforementioned bids be referred to the City's Consulting Engineer for tabulation and checking and provided further that said City Council should meet at the office of the city Secretary, City Hall, Plainview, Texas, at 11 :00 o'clock A 0L on the 12th day of July, 1965, for the purpose of accepting the lowest and best bid submitted, and for the purpose of passing an ordinance ratifying and confirming contract and authoriz- ing the issuance of time warrants in payment of all or a por- tion of the cost thereof; and on said date the bids were again referred to the City's Engineer for additional check - ing, it being provided that the City Council again would convene on the 19th day of July, 1965, for the aforesaid purpose; and WHEREAS, it was provided and stipulated in the afore - said resolution of June 16, 1965 and in said notice, that it is the intention of the City Council of the City of Plainview, Texas, to issue interest bearing time warrants to the proper contractor or contractors in payment of all or a portion of the contract price, said warrants not to exceed the principal amount of $30,000, with the maximum maturity date to be not later than the 31st day of December, 1976, and to bear interest at a rate not to exceed 4 -1/2% per annum; and WHEREAS, the City Council affirmatively determined and found that no petition of any kind has been submitted to the City Secretary of the City of Plainview, Texas, or to any members 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 City for the purpose of providing the money with which to make cer- tain improvements to the Airport in Plainview, Texas, 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 em- powered to proceed with the acceptance of proposals and awarding of contract and the issuance of interest bearing time warrants in payment of all or a portion of the cost of constructing the proposed improvements; and WHEREAS, on this the 19th day of July, 1965, the date assigned for acceptance of bids, pursuant to the aforesaid resolution of July 8, 1965, and at the time and place speci- fied therein, the City Council has received and considered the recommendations of the City's Consulting Engineers as to the lowest and best bid submitted for the advertised purposes; and WHEREAS, the City Council hereby affirmatively finds and determines that it is to the best interest of the City to accept the bid of BRYAN & HOFFMAN, Plainview, Texas, as sub- mitted on the bid form; and WHEREAS, the City Council hereby affirmatively finds and determines that the bid submitted by the aforesaid contractor for making certain improvements to the Airport in Plainview,. Texas, was the lowest and best bid submitted, such bid or proposal being in words and figures as follows, to -wit: • Mpg Gentlemen: ITEM PROPOSAL FOR AIRPORT IMPROVEMENTS HONORABLE MAYOR AND CITY COUNCIL PLAINVIEW, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any Other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, Speci- fications, 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 supervision, labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all materials called for in the Contract and Specification in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the following prices to -wit: 1. RUNWAY PREPARATION, complete, 7,300 Square Yards Per Square Yard: Five Cents • REPAIR AND PATCHING,_ complete, 100 Tons Per Ton: Twenty Dollars • ASPHALT, MC - 1, Applied, 2,640 Gallons Per Galion: Nineteen Cents 4 ASPHALT, OA - 175, Applied, 36,630 Gallons Per Gallon: Eighteen Cents ( 0.18 ) 6593.40 5. AGGREGATE, Type B, Grade 4, Applied, 165 Cubic Yards Per Cubic Yard:Seven Dollars Eighty Five C ( 7.85 ) 1295.25 AGGREGATE, Type B, Grade 6, Applied, 330 Cubic Yards Per Cubic Yard: Seven Do1'lars Eighty Five C( 7.85 ) 2590.50 . AGGREGATE, Type B, Grade 6, White, Applied, 375 Cubic. Yards Per Cubic Yard.: Seven Dollars Eighty Five C( 7.85 ) 294 3.75 CALICHE BASE, Compacted in Place, 8,800 Square Yards Per Square Yard : S ixty Five Cent ( 0, ) 5720.00 9. CONCRETE PAVEMENT, Complete, 1,300 Square Yards Per Square Yard •F t ve Dollars Fifty Eight C.( 5.58 ) 7254.000 WRITTEN PRICE AMOUNT 213.00 ) 0.1 ) July 8, 1965 0.05 ) $ 365.00' 2000, 00 501.60 TOTAL AMOUNT OF BID $29.263.50 It is understood that the above quantities of work to be done at unit prices _ -e approximate only, and are intended principally to serve as a guide in eval- uating bids. Accompanying this proposal is a Certified or Cashier's Check or Bidder's Bond, payable to the CITY OF PLAINVIEW for Five Percent Dollars ($ The bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal the bidder shall fail or refuse to execute a contract and file the required bonds within ten (10) days after its acceptance, in which case the bid security shall become the property of the City of Plainview, and shall be considered payment for damages due to delay and ,other inconveniences suffered by the City on account of such failure of the bidder. It is understood that the City reserves the right to reject any and all bids. SUB - CONTRACTORS TO BE USED ON THIS PROJECT ARE: 1 . F & W Construct ion -Co. 2. 3. none to be used write NONE TITLE STREET ADDRESS CITY AND STATE RRV4N & I- QFFI 1 BIDDER BY: +J PART 812 8th Street Plainview Texas The work proposed to be done shall be accepted when- fully completed and finished in accordance with the Plans and Specifications, to the satisfaction of the Engineer. The undersigned agrees to coliwcence work within ten (10) days after written notice to do so has been given to him and to complete the work on which he has bid within, Sixty (60) calendar days after the date of such written notice after which time the undersigned agrees that for each day of delay beyond said date (after -due allowance for such extension of time as is provided for under Exten- sion of time as set forth in the General Condition of Agreement, the City of Plainview may permanently withhold from the Contractor's total compensation the sum of $25.00 as stipulated liquidated damages for such delay. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. In the event of the award of a contract to the undersigned, the undersigned Will furnish the required Statutory Performance and Payment Bonds for the full amount of the Contract, to secure proper compliance with the terms and provisions of the contract and to insure and guarantee the work until final completion and acceptance, WHEREAS, 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 Plainview, Texas, and the aforesaid successful bidder, on this the t2th day of July, 1965, said contract being in words and figure STATE OF TEXAS COUNTY OF HALE THIS AGREEMENT, made and entered into this l9thday of July A.D. 19 65 , by and between THE (;ITY -OF PLAINVIEW of the County, of STANDARD FORM OF AGREEMENT acting through M.R. Hood, Mayor thereunto duly authorized so to do, Party of the First Part hereinafter termed OWNER, and. BRYAN &:HOFFMAN a.. p r HALE and rAnMpncerl of W_F_ 'Rryan and C.L. HQffman William R Hoggp Professional Freiraper' of the City of Plainview County of.:. Hale and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Party (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER), to commence and complete the construction of certain improvements described as follows: Airport improvements including furnishing all materials, equipment, supervision t labor and.incidentals for the reconditioning anc& seal coating of runways, taxiways, aprons,: entrance roads, and parking areas and the construction of asphaltic and concrete aprons and parking areas. and all' extra work in connection herewith, under the terms as stated in the Conditions and the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment tools, superintendence, labor, required insurance, required bonds, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in Accordance with all the Special Conditions and the General Conditions of the Agreement, and in accordance with the Plans, which includes all' maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared'by: •. herein entitled the ENGINEER`, each of which has been identified by the endorsement' of tae CONTRACTOR and ENGINEER thereon, together with the CONTRACTOR'S writt the Special Conditions and the General Conditions the Agreement, and the Construction Bonds hereto attached; •'all of which are made a part hereof and collectively evidence and consti- tute the entire contract. • The CONTRACTOR. 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 complete', same: 1. By' the: day of . 19 2. Within ' 60 -calendar days after the date of written notice to . commence work'. ' THE.CONTRACTORfagrees : that;for each day of delay beyond the time here- -in 'agreed upon for the of the. work herein specified and contracted for (after due al].ovance for such extension of time as is provided for under Extension of ,time: as set forthin the General Conditions of the Agreement) .,.the Owner may withhold permanently from the--Cottractor's total compensa- ter. .tion. the sum'of.' Twenty - five '. and no /100 DOLLARS :'($, :25.00.. as' stipulated' liquidated' damages for such delay. The agrees to• pay', the: CONTRACTOR in current funds for the performance the contract in..accordance'with the Proposal submitted therefor, subject to:additions: and deductions, as provided in the Special : ,Conditions and, Generate Conditions .of the Agreement, and to make payments.,on: account. thereof In WITNESS WHEREOF the parties to these presents have executed this . Agreement in-the and .day . first' written. .THE CITX'.0F . LAINVIEW . ayrd Partner •Party of the Second Part (CONTRACTOR) STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that BRYAN & HOFFMAN (hereinafter called the Principal(s), as Principal(s), and SEABOARD SURETY COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto THE CITY OF PLAINVIEW, TEXAS, (hereinafter called the Obligee), in the amount of Twenty-nine Thousand, Two Hundred sixty -three and 50/100 WHEREAS, the Principal has entered into a certain written contract .029,263.50 ) for the payment whereof, the said Principal and :Surety,. bind themselves, and their heirs, administrators, executors, ...`successors and assigns, jointly and severally, firmly by these presents. with the Obligee, dated the 1 hday of Dollars July • 19 65 furnish all materials, equipment, supervision, labor and incidentals - for reconditioning.and.seal coating of runways, taxiways, aprons, entrance roads and parking areas and the construction of asphaltic and concrete aprons and parking areas at the Hale County Airport,, Plainview,.Texas which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond 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 the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this : 19t11 day of .Tilly , 19 '65 • P /IPAL ./" /H27n/ERJ (PRINCIPAL) (PRINCIPAL) S'EA@,A_ R.D SofaETV (CORPORATE SURETY) BY Attach Power of Attorney for Attorney -in -fact. Attorney-,in-fact PA Ar il • (hereinafter called the Principal '(s),'as and 50/100 STATUTORY PAYMENT BOND.P.URSUANT.T.O ARTICLE 5160 OF THE REVISED CIVIL STATUTES AS AMENDED BY ACTS OF THE 56TH LEGISLATURE,.'REGULAR. SESSION, 1959 KNOW. ALL .MEN BY 'THESE.. PRESENTS that . BRYAN & . H0FFMAN. =' ;. SEABOARD SURETY ' COMPANY (hereinafter called the Surety.(s); °'as Surety(s), are held and firmly bound unto THE CITY OF' PLAINVhEW ,JEXAS;(hereinafter called the Obligee in the amount of p Twenty �7DP Th`Q;tgnci 'i sixt - thrPa anA ($29,263.50 • ) for the . , payment whe the said Principal and Surety bind themselves, and their heir administrators, executors, successors and assigns, jointly and severalhy,firmly by these presents. WHEREAS, the Principal,:;has . entered'into a certain written contract with the Obligee, dated 'the' 4 19tbiay of . ' July 19.65 , to furnish all materials, equipment`, super labor and. incidentals for the reconditionine and seal coating of taxiways, aprons, entrance roads ' and parki ng areas and t4 and . concrete aprons . and i ruQU' • •E1 ai rev parking areas at fh' Tja1 p Coup which contract is herebyy referred to and made a part to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITION.. OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants Supplying labor and material to hint or a subcontractor in the`prosecution•of the work provided for in said contract, then this,'obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that; tl s . '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 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as.if'it - copied at length herein. IN WITNESS WHEREOF, the said. and Surety(s) and sealed this instrument . this _ ; jgti4i ay . : of. PJ'i� : j . y�O1= r m •� PRIM IPAL) PRiNCIPALi. 'Attach Power of Attorney for,Attorney-in -fact Texas J ('PRINCLPAL) 1 2 , ,co 2 E TN \1►f ;(CORPORATE SURETY) / l ' . ,.1 Attorney -in -fact __Dollars hereof as fully / 7 AI tf 72 ) and have signed , 19.65 • r Ce=ti.fied Copy No. 4464 +annul ttt1 ern tig t1 sr 3 rrwwntii: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint A. Lo Lott, Jr. or Ruth Sham, of Lubboah, Texas, its true and lawful Attorney -in -Fact, to make, execute and deliver, on its behalf as Surety, bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations. Such bonds, undertakings and obligatory instruments for said purposes, when duly executed by the afore- said Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if such bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company and sealed with its corporate seal ; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect : ARTICLE VI, Paragraph 6.7: "Attorneys -in -Fact may be appointed by the President or a Vice - President upon such terms and with such powers and duties as he may prescribe." ARTICLE XI, Paragraph 11.1: "All policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid: (a) when signed by the . President, or a Vice - President, or a Resident Vice - President, and by a Secretary, or an Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com- pany; or (b) when executed by an Attorney -in- Fact." Ott 1itntr.S i if. lirrruf, SEABOARD SURETY COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec- retary, this lath day of .$, , 19...e,.. Attest: SEABOARD SURETY COMPANY, By (Seal) STATE OF NEW YORK (Seal) SEABOAIZEi SURETY COMPANY HOME OFFIC . 100 WILLIAM STREET,NEWYORK 38,N.Y. Assistant Secretary rower of Af#ornrll V ice- President ss. COUNTY OF NEW YORK On this um day of c r a w , 19...6., before me personally appeared Vice - President of SEABOARD SURETY II 2- Waltman COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ... ; that he is Vice - President of SEABOARD SURETY COMPANY, the corporation described in an which executed the foregoing instrument; that he knows the corporate seal of the said Company.; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his.name thereto as Vice - President of said Company by like authority. Lillian Millar Notary Public State of Nem Work STATE OF NEW YORK ss.: No. h1.2711300 Qualified in Qmse a County COUNTY OF NEW YORK Cert• filed in New York County Commission Expires H r ► � 3`� , X I, D. o �c.,r,4 ss ecre ary of SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said SEABOARD SURETY COMPANY, which is still in full force and effect. lilt iitttrari 1Bhrreaf, I have signed this certificate at New York, New York, this / 9 .t-e,.., day of _, 19 Gs ssist.'t Secre'.'ry- Form 147 Rev. 1958 arid, WHEREAS, BRYAN & HOFFMAN, the aforesaid successful • bidder, has presented a performance bond and payment bond each in the amount of $29,263.50, being the full amount of the contract price, as required by Article 5160, V.AOT.C.S., as amended by H.B. 344, passed by the 56th Legislature, Regular Session 1959, and said bonds having been examined and approved as to legality and form, and the City Council having determined that same have been= executed by a responsible surety company . authorized to do business in the State of Texas, and satisfactory to the City Council, the said bonds are hereby approved and accepted; and WHEREAS, it affirmatively appearing to the City Council that the bid hereinabove mentioned was in all respects duly and regularly made in strict conformity with the published notice and in accordance with the provisions of the plans and specifications and contract documents, that it was accompanied by appropriate bid bond in an amount of not less than 5% of the total amount of the bid submitted, and it further appearing affirmatively to the City Council that the requirements of Chapter 163, Acts of the Regular Session of the Forty- second Legislature of Texas, passed in 1931, as amended, have been duly and strictly complied with in the giving of such notice and acceptance of said bid and the awarding of this . contract will not exceed any constitutional or statutory limitation, and in consequence thereof it is determined and adjudged that such contract should be awarded and the articles of agreement should be executed by the Mayor and City Secretary in behalf of the City; and WHEREAS, it having been mutually agreed and understood by and between said City and the aforesaid BRYAN & HOFFMAN that the price stipulated in the aforesaid contract, $29,263.50 shall be paid as follows: (1) $29,000 shall be paid the said Contractor by the issuance and delivery to said Contractor of the interest bearing time warrants of the City in the principal amount of $29,000 and $263.50 shall be paid to the said Contractor in cash out of funds on hand available for such purpose and unappro- priated to any other purpose; and accordingly the City and the Contractor have entered into the following MEMORANDUM OF AGREEMENT dated as of the k day of July, 1965, reading as follows, to -wit: /9 THE STATE OF TEXAS CITY OF PLAINVIEW .COUNTY OF HALE MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT between the City of Plainview, Texas, acting through its Mayor and City Secretary (hereinafter called "City ") and BRYAN & HOFFMAN, Plainview, Texas, acting through its duly authorized officers (hereinafter called "Contractor "), W I T N E S S E TH: WHEREAS, on the day of July, 1965, the parties hereto made and entered into a certain contract in writing wherein and whereby the said Contractor agreed to do at his own proper cost and expense all work and furnish all labor and materials necessary in connection with the construction of improvements to the Airport in Plainview, Texas, in accordance with the provisions of the Notice to Bidders and in accordance with the plans and specifications approved by the City Council of said City; and WHEREAS, it was and is agreed and understood that the City is to finance all or a portion of the cost of such improvements by the issuance and delivery to the Contractor of its legally issued time•warrants in the principal sum of $29,000 and by the payment in cash of $263.50; and WHEREAS, it is provided in the aforesaid contract that the full compensation to be paid the Contractor by the City shall be $29,263.50; and WHEREAS, the said City and the said Contractor herein and hereby agree that the said sum of $29,263.50 shall be paid the said Contractor when and as the materials are furnished and labor per- formed, pursuant to said contract as follows: (a) $29,000 shall be paid the said Contractor by the issuance and delivery to said Contractor of the interest bearing time warrants of the City in the principal amount of $29,000 and (b) $263.50 shall be paid to said contractor in cash out of funds on hand available for such purpose and unappropriated to any other purpose. IT IS THEREFORE, AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1:That the said $29,000 is the amount of the indebtedness which is to be evidenced by the legally issued time warrants of the City of Plainview, Texas, for the purpose of paying the cost of furnishing all labor, materials and equipment and performing all work required for making improvements to the Airport in Plainview, Texas, in accordance with the aforesaid plans and specifications therefor and pursuant to the aforesaid contract of July lf, 1965, and which warrants shall be payable to BRYAN & HOFFMAN, Plainview, Texas, or bearer. SECTION 2: That the balance of said contract in the amount of $263.50 shall be paid to the said contractor in cash out of funds on hand available for such purpose and unappropriated to any other purpose. SECTION 3: That said warrants shall be dated July 15, 1965, shall be numbered from One (1) through Twenty Nine (29) in denomination of $1,000 each, bearing interest at the rate of 3 -3/4% per annum, such interest being payable on January 15, 1966 and semi - annually thereafter on July 15 and January 15 in each year, and the principal thereof shall become due and payable on January 15 in each of the years as follows: $5,000 1966, $6,000 1967 through 1970, both principal and interest being payable at the REPUBLIC NATIONAL BANK OF DALLAS, Dallas, Texas, or . at the option of the holder at the HALE COUNTY STATE BANK, Plainview, Texas. SECTION 4: The City hereby agrees to levy and have assessed and collected taxes annually sufficient to pay the in- terest on said warrants as it accrues and the principal thereof as the same matures, and that both principal and interest of said warrants will be promptly paid when due. SECTION 5: That said warrants are to be issued and de- livered to the said Contractor in whole or in parcels in payment of itemized estimates or accounts duly submitted to the City Counci of said City and approved by said City Council. SECTION 6: The notice to bidders and the plans and speci- fications are hereby adopted by reference, and the same shall be considered a component part of the said contract of July ,49, 1965, and also a component part of this agreement, as if incorporated herein in full detail. SECTION 7: Nothing herein shall be construed as ing or Cancelling the aforesaid contract of July ,L , 1965, this Agreement shall be and is cumulative. thereof. /9 EXECUTED IN DUPLICATE at Plainview, Texas, this the . day of July, 1965. ATTEST: (n? City Secretary (City Seal) BRYAN & HOFFMAN, (Contractor) By Its rescind - but and WHEREAS, this City Council finds that all acts, condition and things required to be done precedent to and in the execution of the aforesaid contract and the aforesaid Memorandum of Agreement have been properly done, have happened and have been performed in regular and due time, form and manner as required by law, ,therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That the aforesaid contract of July , 1965, the aforesaid Memorandum of Agreement of July 19, 1965, and the aforesaid performance bond and payment bond, are hereby in all things RATIFIED, APPROVED, CONFIRMED AND ADOPTED, SECTION 2: That the amount specified in the said contract and the said Memorandum of Agreement, to -wit: $29,263.50 is hereby declared the legal and valid debt and obligation of the City of Plainview, Texas, payable as therein stated. SECTION 3: That the serial warrants of saH City, to be known as "CITY OF PLAINVIEW, TEXAS, AIRPORT IMPROVEMENT WARRANTS" shall be issued, executed and delivered to the said BRYAN & HOFFMAN, Contractor for the purpose of financing a portion of the cost of making improvements to the Airport in Plainview, Texas, under the terms stated in the specifications and pursuant to the aforesaid contract. SECTION 4: That said warrants shall be dated July 15, 1965, shall be numbered consecutively from One (1) through Twenty Nine (29) shall be in denomination of One Thousand Dollars ($1,000) each, aggregating the principal sum of TWENTY NINE THOUSAND DOLLARS and shall mature serially without right of prior redemption on January 15 in each of the years in accordance with the following schedule: WARRANT NUMBERS .- (All Inclusive) MATURITY. AMOUNTS 1 to 5 1966 $5,000 6 to 11 1967 6,000 12 to 17 1968 6,000 18 to 23 1969 6,000 24 to 29 1970 6,000 SECTION 5: That all of said warrants shall bear interest from date to maturity at the rate of THREE AND THREE FOURTHS PER CENTUM (3 -3/4 %) per annum, such interest to be evidenced by proper coupons attached to each of said warrants, and said interest shall be payable on January 15, 1966 and semi - annually thereafter on July 15 and January 15 in each year. SECTION 6: That the principal of and interest on said warrants shall be payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder upon presentation and surrender of proper coupons or warrants at the REPUBLIC NATIONAL BANK OF DALLAS, Dallas, Texas, or at the option of the holder at the HALE COUNTY STATE BANK,Plainview,Texas. SECTION 7: That each of said warrants shall be signed by the Mayor countersigned by the City Secretary and registered by the City Treasurer, and the corporate seal of the CITY OF PLAINVIEW, TEXAS, shall be impressed upon each of them; and the facsimile signatures of the Mayor and City Secretary may be lithographed or printed on the interest coupons attached to said warrants and shall have the same effect as if they had been signed by them. $1, NO. SECTION 8: That the form of said warrants shall be sub- stantially as follows: UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS, AIRPORT IMPROVEMENT 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 hereby obligates itself to pay to BRYAN & HOFFMAN, Contractor, or bearer, on the FIFTEENTH DAY OF JANUARY 19 , at the REPUBLIC NATIONAL BANK OF DALLAS, Dallas, Texas, or at the option of the holder at the HALE COUNTY STATE BANK, Plainview, Texas, without right of prior redemption, the sum of ONE THOUSAND DOLLARS ($1,000), in lawful money of the United States of America, without exchange or collection charges to the owner or holder, with interest thereon from date hereof to maturity at the rate of THREE AND THREE- FOURTHS PER CENTUM (3 - 3/4 %) per annum, such interest being payable on January 15, 1966, and semi - annually thereafter on July 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 hereto attached as they severally become due. THE TREASURER of said City is hereby authorized, ordered and directed to pay said Contractor or bearer the said principal sum, together with interest thereon, payable at the bank above named, out of the moneys belonging to the "SPECIAL AIRPORT IMPROVEMENT WARRANT FUND" created for that purpose. THIS WARRANT is one of a series of Twenty Nine (29) serial warrants, numbered consecutively from One (1) through Twenty Nine (29) in denomination of One Thousand Dollars ($1,000) each, aggregating TWENTY NINE THOUSAND DOLLARS ($29,000), issued for the purpose of constructing improvements to the Airport in Plainview, Texas, in accordance with the plans and specifications, pursuant to contract, and under and by virtue of the Constitution and laws of the State of Texas, and pursuant to ordinance duly passed and adopted by the City Council of said City and of record in the Minutes of said City Council. IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED, that all acts, conditions and things required to be done precedent to and in the issuance of this warrant and the series of which it is a part have been properly done, have happened and been performed in regular and due time, form and manner as required by law; that the total indebtedness of the City, including this warrant and the series of which it is a part, does not exceed any constitutional or statutory limitations; and that sufficient tax to pay the principal of and interest on this warrant and of the series of which it is a part, at their respective maturities, has been levied and will continue to be levied and collected and applied in payment thereof. IN TESTIMONY WHEREOF, the City of Plainview, Texas, by it 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 date of this warrant, in conformity with the ordinance above referred to is the FIFTEENTH DAY OF JULY, 1965. COUNTERSIGNED: City Secretary, City of Plainview, Texas Mayor, City of Plainview, Texas REGISTERED: City Treasurer, City of Plainview,Texas SECTION 9: That the form of interest coupons attached to each of said warrants shall be 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 Contractor, or bearer, at the REPUBLIC NATIONAL BANK OF DALLAS, Dallas, Texas, or at the option of the holder at the HALE 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 day on "CITY._ OF PLAINVIEW, TEXAS, AIRPORT IMPROVEMENT WARRANT ", dated July 15, 1965. Warrant No. City Secretary Mayor SECTION 10: That the following certificate shall be printed on the back of each of said warrants: THIS IS TO CERTIFY that the undersigned, Contractor, has received the within warrant from the City of Plainview., in payment of amount due by said City to said Contractor by virtue of the valid and subsisting contract entered into and between said Contractor and the City of Plainview, Texas, on the nth day of July, 1965, and FOR VALUE RECEIVED the said Contractor hereby transfers, assigns, sells and delivers to bearer without recourse, all its right, title and interest in and to the within principal warrant, and the said bearer is hereby subrogated to all claims, liens, rights and title whether at law or in equity which are or may be 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 therefor. BRYAN & HOFFMAN BY Its SECTION 11: That said warrants shall be executed and delivered to said Contractor when and as materials are furnished and labor performed in the construction of said improvements and . extensions and pursuant to itemized estimates or accounts duly submitted to and approved by the City Council. SECTION 12: That a special fund to be designated "SPECIAL AIRPORT IMPROVEMENT WARRANT FUND" is hereby created, and the proceeds of all taxes collected for or on account of this series of warrants shall be credited to said fund for the purpose of paying interest on and to provide a sinking fund for the redemption of said warrants at maturity; that 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, farm 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 principal as the same becomes due, or a sinking fund of 2% whichever is greater; and to pay the interest on said warrants for the first year, and to create a sinking fund 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 property in said City for the current year and the same shall be assessed and collected and applied to the purpose named; 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 interest on said warrants 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 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 hereby declaring 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. SECTION 13: That the public importance 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 contemplated 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 at more than one meeting be suspended and requiring that this ordinance be passed and take effect as an emergency measure and such rule and provision is accordingly suspended and this ordinance is passed as an emergency measure, and shall take effect and be in force from and after its passage.. ATTEST: PASSED AND APPROVED City Secretary, City of Plainview,Texas (City Seal) this the / /th day of July, 1965. Mayor, City of Plainview, Texas APPROVED: City Attbrney, City of.Plainview,Texas THE STATE OF TEXAS CITY OF PLAINVIEW COUNTY OF HALE of the City of Plainview, Texas, DO HEREBY CERTIFY that the assessed value of property for the purposes of taxation in said City of Plainview, as shown by the tax rolls of said City for the year 196 ¥ , which have been duly approved, and which is the latest official assessment of said City, is as follows: WITNESS MY HAND AND THE SEAL OF THE CITY. OF PLAINVIEW, ,TEXAS, this the btth day of July, 1965. 7 ' 4 (City Seal) STATEMENT OF TAXABLE VALUES - I, the undersigned, Assessor and Collector of Taxes TOTAL REAL AND PERSONAL PROPERTY $ 34,774,470.00 CieL, Assessor and Collector of Taxes City of Plainview, Texas tf 1 CITY OF PLAINVIEW A WATER AND SEWER PRO-RATA ORDINANCE OF THE CITY OF PLAINVIEW.. PLAINVIEW, , TEXAS JULY 19, 1965" ORDINANCE NUMBER 65-889 • PASSED AND APPROVED THE 19TH DAY OF JULY A.D., 1965 ORDINANCE NO. 65 -889 AN ORDINANCE ESTABLISHING A POLICY, TERMS, CONDITIONS AND METHODS TO BE FOLLOWED IN EXTENDING WATER AND SANITARY SEWER LINES IN THE CITY OF PLAINVIEW, TEXAS: PROVIDING FOR PRO -RATA SPECIAL FUNDS DESIGNATED "WATER AND SEWER PRO -RATA FUND ": AND PRESCRIBING PENALITIES FOR THE VIOLATION OF ITS PROVISIONS. WHEREAS, The City Council of the City of Plainview, finds it necessary to provide for an equitable basis of payment for the extension of water and sewer to individual property owners desiring such service: and, whereas, the City Council finds that this Ordinance, to be known hereafter as "The City of Plainview Pro -Rata Ordinance ", will be in the public interest, and will better serve public necessity, convenience and welfare; Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW Section 1.1 ARTICLE 1. EXTENSION OF WATER AND SEWER MAINS Rates for extension. The City of Plainview may extend water and sanitary sewer mains in the streets, alleys and easements within the city limits of the City of Plainview in order to permit connections by persons desiring and seeking water service and sanitary sewer service. A charge, which shall be known as the ''pro- rata'', shall be made against each lot or tract of land and the owner thereof whose water and sewer line shall be hereafter connected with any water main or sanitary sewer main in the City of Plainview, and the charge shall be at the following rates, which rates are a portion of the total cost of such water and sewer mains: $2.00 per front foot of the lot or tract of land to which water connections may be made. $1.50 per front foot of the lot or tract of land to which sanitary sewer connections may be made. The above front foot rates shall apply to property with a depth not exceeding 150 feet which fronts on streets in the areas platted into the usual rectangular lots or tracts of land. Where lots or tracts have greater depth than 150 feet from the front street line, and are occupied, or are to be occupied exclusively as dwelling places, then the additional depth shall not be assessed. However, if such property is later subdivided, requiring an extension of mains to serve same, then the terms of this ordinance shall govern. On lots or tracts of land which extend through from one street to another, with frontage on both streets, and where the distance between the street lines is 240 feet, or more, then the pro -rata charges herein provided for shall be paid on both frontages when a connection is secured to the lot or tract. Where lots or tracts are irregular in size or shape, then the pro -rata charge shall be based upon equivalent rectangular lots or tracts using one front foot for each 150 square feet of lot area, or the pro -rata charges provided herein on the average frontage of such tracts, whichever is least. Where lots or tracts are intended to be used for other than residential purposes and have a depth greater than 150 feet from the front street line, then the pro -rata herein provided shall be paid on the frontage on all streets which the property may abut minus 150 feet frontage for each corner of the property abutting a street intersection. Should said property be resubdivided whereby further exten- sions are required to service same, the terms of this ordinance shall apply. 2 Section 1.2 Extension of water and sewer lines for individual owners. Upon request of the owner of a given lot or tract of land, or at the request of his agent, such owner or his agent to hereinafter be known for the purpose of this ordinance as the "Applicant', accompanied by the payment of the charges due under this ordinance, the City of Plainview may extend, lay or construct all necessary sanitary sewer and /or water mains, including necessary appurtenances, a maximum distance of 150 feet, excluding street intersections, plus the distance across the frontage necessary to provide the service for which application has been made. Only one such 150 foot extension will be made for any applicant during any 12 month period. The property owner to be served shall be required to pay the charges herein provided for. The owners of all intervening property served by the given main extension shall be required to pay the charges provided for herein at such time as their property is connected to the mains thus laid. Where an applicant for service secures an extension and service under this particular option for main extension, he shall pay the pro -rata charges on all property owned by him and which is served by the extension requested. In applying the 150 foot rule, the required extension of main shall be figured in such manner as to leave out of the calculations that portion of any main adjacent to property already having other than a temporary water and /or sanitary sewer service, and for which the pro -rata charges thereon have been paid or credited under the terms of this ordinance. An exception to the above 150 foot rule shall be made where two or more indi- vidual applicants desire water and /or sewer service and the nearest applicant is more than 150 feet from existing lines. In this case, the City of Plainview may extend their mains upon payment of the charges due under this ordinance provided there is one customer for every 150 feet of such extension, excluding street interesctions and that portion of the extension adjacent to property already having other than temporary water and /or sewer service. At the option of the City of Plainview, the following method for extending water and sewer mains may be used where the applicant's property is more than 150 feet from an existing water or sewer main. This method shall be available only for use by an individual owner, personal or corporate, to secure water and sewer service for the individual's residence or business. Where eligible for this option, the owner may advance and pay into the City of Plainview the entire pro - rata costs as set forth in this Section, to wit: $2.00 per front foot for water extensions and $1.50 per front foot for sewer extensions on all property served by the desired main extension, less the 150 feet allowable, and the City of Plainview, when said money has been actually deposited with the City of Plainview, may construct the said desired water or sewer main along a street, alley or easement. When any property for which such person has advanced the pro -rata costs is connected to the said main extension, then, in the that event, the pro -rata advanced on both sides of the street for the frontage of the connec- ting property shall be refunded by the City of Plainview to the person making the original deposit at such times as sufficient frontage is connected so that the original appli- cant who advanced the total pro -rata would be refunded the remainder advanced except for the charges due on the property for which the extension was originally made. Section 1.3 Industrial or commercial extension Where extension is requested by an industry or commercial concern using large quantities of water and cannot meet the requirements of one customer per 150 feet of extension, such extension may be made upon payment of the pro -rata due under 3 this ordinance at the discretion of the City Council provided 40% of the estimated annual revenue from such customer will be sufficient to support interest and principal payments calculated on the cost of the extension at 6% per annum to amortize the City's investment over a period of 10 years. Section 1.4 Char es to be credited to Water and Sewer Pro -Rata Fund. Any and all sums of money hereinafter collected as a pro -rata charge or deposit for water or sewer extensions, at the rates set out in this ordinance, shall be credited to the Water and Sewer Pro -Rata Fund of the City of Plainview and all refunds shall be paid from this same account. Section 1.5 Extension of water and sewer lines for development of property. a. Definitions: (1) On -Site Main: Water and /or sewer mains totally within or adjacent to a tract of land to be subdivided or developed for resale. (2) Off -Site Main: Water and /or sewer mains totally outside of a tract ofland to be subdivided and developed for resale. (3) Developer: Owner or agent of the owner subdividing and installing utilities to serve lots or tracts for resale as homes or industrial sites. (4) Evaluated Cost: The cost of a water and /or sewer main as established by unit values for the size of main and appurtenances as established herewith in this policy. (5) Over -Size Cost: The difference between the evaluated cost of the main as built and the size of main determined to be the minimum size required to serve the. subdivision. The minimum size being 8 inch water and 8 inch sewer mains. b. Where extensions of water and /or sewer systems are required to serve property which has been subdivided or platted for development and resale, water and /or sewer facilities may be extended to such properties on the following basis and in accordance with minimum standards and procedures described below. Where property has been sub- divided or platted for development and resale, the developer may lay, install and /or construct water and /or sanitary sewer lines on all of the subdivided or platted property at the same time or, at the option of the developer, the developer may submit, from time to time, a plan for performance as to, and development of, only a portion of the subdivided or platted land and, upon approval of the City of Plainview, proceed to develop only such partial area. (1) Extension within property to be developed. (a) Developers of such property shall defray the entire cost of water and sewer systems within their subdivisions except that the city of.Plainview will refund 100% of the over -size cost of any water main or sewer line inside such subdivision area larger than 8" for water and 8 for sewer, unless such larger size is required to serve the subdivision in question. Such size of water mains and sewer lines for adequate service shall be determined by the City Representative. Refunds for over -size cost will be made upon acceptance of the system by the City of Plainview. (b) Mains lying along one or more sides of a subdivided tract which serve property other than the subdivision for which the extensions are made: (1) For water mains 8 inches and smaller and for sewer lines 8 inches and smaller, the developer will be refunded one -half the evaluated cost of the size main constructed as set forth in Section 1.5 d below. Such refunds will be made upon acceptance of the system by the City of Plainview. (2) For mains larger than 8 inches for water 8 inches for sewer, the developer will be refunded 100% of the difference between the evaluated cost of such water and /or sewer main and one -half the evaluated cost of an 8 inch water and /or sewer main (respectively) or such sizes as are required to serve the subdivision for which extensions are required, provided the developer has advanced the total cost of such lines. Where such lines are laid by City Contract, developer will pay to the City of Plainview . one -half of the evaluated cost of an 8 inch water main or 8 inch sewer line, or such sizes as are required to serve the subdivision. Refunds for over -size cost will be made upon acceptance of the system by the City of Plainview. (3) Where water and /or sewer mains lie along one or more sides of a subdivision and serve the subdivision exclusively, such mains shall be considered on -site mains. (2) Where main is in place or adjacent to the property to be developed: 4 (a) Should an existing water main or sewer line lie in a street, alley or easement in or along an area or tract of land to be subdivided and developed for resale, be- fore extensions from or connections to such line shall be made by a developer, he shall pay to the City of Plainview $4.00 per linear foot of water line and $3.00 per linear foot of sewer line, or the evaluated cost of an 8 inch water line or an 8 inch sewer line, whichever is least. Should such main lie along the subdivision and serve one side only, one -half of these costs shall be paid unless such lines serve the subdivision in question exclusively. Such money shall be paid to the Water and Sewer Pro -Rata Fund and will constitute a charge for use of such water and /or sewer main in place. (3) Off -site extensions required to serve property development: (a) Where water and /or sewer facilities are not available to a tract to be developed, the City of Plainview may extend such facilities to the nearest subdivision property line within the following limitations: (1) Water and sewer lines off -site will be constructed at the expense of the developer requiring such extension provided, however, the City of Plainview will refund 100% of the cost of such lines off -site as evaluated by the prices established in Section 1.5 d of this ordinance at 5 such time as 85% of the frontage available to these extensions off -site, plus 85% of the available frontage within the sub- division, has connected a bona fide customer," Where the approach mains side property making refund unlikely, such property siding on lines shall be considered connected when served at frontage. c. Methods by which water and sewer mains for subdivision or developments may be constructed. (1) Water and sewer main extensions to serve a real estate subdivision to the City of Plainview, the plat of which has been finally approved by the City Planning and Zoning Commission of the City of Plainview; and filed of record, and properly annexed may be accomplished in the following manner: (a) By Private Contract: (1) Upon approval by the City of Plainview, a developer of an addition may design and prepare construction plans of water and sanitary sewer facilities, or either of them to serve the subdivision, including any access or off -site facilities that may be required. Plans and profiles submitted by the developer's engineer shall be prepared on standard 24" x 36" sheets of tracing paper. Plans and profiles shall be shown at scales of 1 to 50' horizontal and 1" to 5' vertical. The engineer submitting the plans and profiles must be a Registered Professional Civil or Sanitary Engineer in the State of Texas, and he must affix his seal and signature to the tracings of all plans and profiles. The completed tracings for water and sewer plans and profiles shall be submitted to the City Representative for approval, accompanied by two copies of the plans and profiles of the storm sewers and street grades as approved by the City Representative and one copy of the plat of the addition that has been re- corded in the records of the County of Hale and has been so stamped. Upon final approval, these tracings will be returned to the developer's engineer for the purpose of making such prints as he may require. Two copies of the final plans, specifications, and profiles together with the reproducible tracings shall be submitted to the City Representative, to become part of the permanent files of the City of Plainview. Upon approval of the plans by the City Representative, the developer may enter into a contract with any individual or may himself construct the system as so planned; provided, however, that the construction and installation of the water • lines and sewer lines, or either of them, shall be super- vised by the inspectors for the City of Plainview to see that the installation is made in accordance with the plans and the City's standard specifications which, in every instance, shall be a part of said installation contract. When the project is ready for construction, line and grade stakes shall be set by a registered Professional Engineer; but these stakes shall not be set until after the developer's 6 engineer has properly staked on the ground iron pins on all points of curves, all points of tangency, all block corners and all lot corners within the subdivison, in accordance with the "City of Plainview Subdivision Regulations ". No installation of water mains or sewer mains shall be made at any other locations except a dedicated street, alley or an easement running in favor of the City of Plainview, which shall be filed of record by the owner of said addition. Any such installation, when made, shall become the property of the City of Plainview, free and clear of all encumbrances, and any contract entered into between the developer and a contractor shall provide for a performance bond such as the City of Plainview uses in its standard specifications and a separate payment bond as required by law which,, in every instance, shall be a part of said installation contract. The City of Plainview shall be named as one of the obligees in such bonds. In the event the developer makes the installation himself, then he shall execute said performance and payment bonds in favor of the City of Plainview in the same form and con- ditioned in.the same manner as provided for in the standard contract documents used by the City of Plainview in making of water and sanitary sewer installations. The City of Plainview specifically reserves the option to advertise for bids and install all or any portion of extensions of water lines over eight (8) inches in size and sewer lines over eight (8) inches in size where evaluated prices are not specified in Section 1.5 d. (b) By. City Contract: (1) A developer of an addition or plat may deposit with the City the total cost of such extensions required to serve his property, including the cost of approach or off -site mains fronting property not owned by the developer, if required by the provisions of Section 1.5 b3 �f this ordinance. The City of Plainview will construct such mains and upon determination of final completion cost will refund any excess amount deposited or require of such developer additional funds to defray the entire cost of the project on site and evaluated price of off -site facilities for which the de- veloper is responsible. Refundable amounts for off -site costs or oversize costs will be determined and refunded or assessed as set forth in Section 1.5 d of this ordinance; however, in no case to exceed more than the actual cost of this section of the installation. Water Mains and Appurtenances: For For For For For For For For For For Fittings 7 d. Evaluate prices for determination of over -size cost and off -site facilities: 2" cement lined, class 150, cast iron 3" cement lined, class 150, cast iron 4" cement lined, class 150, cast iron 6" cement lined, class 150, cast iron 8" cement lined, class 150, cast iron 10 "cement lined, class 150, cast iron 12 "cement lined, class 150, cast iron 14 "cement lined, class 150, cast iron 18 "cement lined, class 150, cast iron a standard three -way 6" fire hydrant, For 2" gate valves and boxes For 3" gate valves and boxes For 4" gate valves and boxes For 6" gate valves and boxes For 8" gate valves and boxes For 10 "gate valves and boxes For 12 "gate valves and boxes For 14 "gate valves and boxes For 18 "gate valves and boxes The unit prices above are inclusive of all concrete, wet connections, gravel foundations, and gradular backfill which may be necessary. Sanitary Sewer Mains and Appurtances. For 6" sanitary sewer vitrified clay pipe For 8" sanitary sewer vitrified clay pipe For 10 "sanitary sewer vitrified clay pipe For 12 "sanitary sewer vitrified clay pipe For 15 "sanitary sewer vitrified clay pipe For 18 "sanitary sewer vitrified clay pipe For 21 "sanitary sewer vitrified clay pipe For 24 "sanitary sewer vitrified clay pipe For standard 4 -foot diameter manhole to 5' depth For extra depth manhole per foot over 5' feet For_manhole drop unit For standard cleanouts water pipe water pipe, asbestos cement water pipe, asbestos cement water pipe, asbestos cement water pipe, asbestos cement water pipe, asbestos cement water pipe, asbestos cement water pipe, asbestos cement water pipe, asbestos cement traffic model (per ton) The refunding rates based on the evaluated prices set out above are shown as "Appendix A" to this ordinance. 1.32 1.80 2.32 2.82 3.70 4.70 5.70 7.10 9.92 200.00 506.00 45.00 52.00 66.00 83.00 116.00 178.00 218.00 466.00 865.00 1.50 1.84 2.35 3.20 4.70 6.70 8.90 11.20 140.00 30.00 60.00 35.00 The unit prices above are inclusive of all wyes and fittings, caps, and other items not specifically listed herein which may be necessary to produce a complete job. Prices herein established are subject to change according to action of the City Council establishing current values. Any developer desiring to make the installation of water and sewer lines, . or either of them, shall file a letter in writting with the City Representative of the City of Plainview, stating that he elects to make the installation under the terms and provisions of this ordinance, which said letter when received and accepted by the City of Plainview shall then be binding upon both parties, i.e., the City of Plainview and the developer. 8 In no event shall the City of Plainview be obligated to proceed under the terms of this ordinance if funds are not available or if in the discretion of the ., City Council the extensions may not be.practical. Section 1.6 Refunds Except as otherwise provided, all refunds provided for in this ordinance shall be made on November 1, and May 1, of each year, and shall include funds then accrued to the credit of the developers and others. A contract entered into by any property owner and the City of Plainview under the provisions of this ordinance shall be effective only for a period of ten (10) years after the date of the contract. No refunds will be made by.the City of Plainview to any applicant or contracting party after this 10 year period has expired nor shall the City of Plainview ever be liable for payment of interest on any deposits, payments or refunds provided for herein.. Section 1.7 Certain existing improved property exempt. All property within the city limits as of the first (1st) day of March, 1965, shall be exempt from the pro -rata charges specified herein. Section 1.8 Prior agreements or contracts. This ordinance shall not affect or change any agreement or contract for providing water and sewer services which was entered into by the City on or before the effective date of this ordinance. Section 1.9 Purpose of Ordinance; where front foot rule inequitable; no vested rights. The intent and purpose of this ordinance is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to•serve property in the City of Plainview on a front foot basis. In case property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis as between it and other tracts of land in the City of Plainview, then, in that event, the City Council of the City of Plainview shall determine the proper charges in accord with the intent and pur- pose of this ordinance. No person shall acquire any vested rights under the terms and provisions of this ordinance. Section 1.10 Sanitary sewer house laterals. The City of Plainview may install and maintain all sewer taps from the City sewer mains to the nearest property or easement line, both inside and outside the city limits of the City of Plainview, and shall charge for the installation and maintenance of any such sewer taps a sum sufficient to cover the average cost thereof; -such sum is to be determined and collected by the water and sewer department and shall be at the following rates or basis: House Lateral Service Charges (Sewer) except in business areas: Where alley or street is paved Where alley or street has earth or gravel surface $55.00 $35.00 For business areas, or where deep cut connections are involved, estimates of cost will be furnished upon request. Such estimated cost must be deposited with the Water and Sewer Department before work is started. The term "paved" is defined as any concrete pavement or compacted caliche base with asphaltic surfacing type of pavement or concrete driveway. j 9 The above charges shall include the cost of tapping the City sewer main, the installation of wyes and placing lateral main to the nearest property or easement line. The Street Maintenance Department shall make the necessary pavement repairs, the cost of same to be included in the cost figures as above enumerated. Costs as set out herein shall apply for connections to property inside and outside city limits of the City of Plainview. Section 1.11 Water service connections. The City of Plainview shall install and maintain all service connections in the streets, alleys and easements, both inside and outside the city limits of the City of Plainview, and shall charge for the installation and maintenance of all such service connections a sum sufficient to cover the average cost thereof; such sum is to be determined and collected by the Water and Sewer Department and shall be at the following rates or basis: Water Service Charges 3/4" Service 1" Service 1 1/2" Service 2" Service $ 55.00 $ 90.00 $ 175.00 $ 300.00 For Services larger than two inches in diameter An estimate of the cost for all service connections larger than two (2 ") inches in diameter will be furnished by the City Representative, and a deposit of the estimated amount will be required before work is started on the installation of such connection, the final cost to be adjusted upon completion of the work. Should the final cost of the work exceed the amount of the deposit, a statement showing the amount of the excess will be immediately furnished to 'the party or parties having made the deposit, and a copy of same, constituting notice that the excess amount is due, shall be furnished the contractor or owner of the property to which service is being extended. Upon failure to receive prompt payment of any excess - amount due on such estimates, the City Representative, at his option, may refuse or discontinue water service to the property until full payment has been made for the work performed. In the event that upon completion of the work for which deposit has been made the final cost is less than the amount of estimate or deposit, a refund of the amount of over - payment will be immediately made to the party or parties from whom the deposit was received. cost on all service connections all costs incident to making The Street Department shall° to be included in the cost The above flat rate charges, and the estimates of larger than two (2 ") inches in diameter, shall include the installation of the service connection required. make the necessary pavement repairs, the cost of same figures as above enumerated. The City of Plainview will maintain, at its own expense, and at their original sizes, all services from the main to the meter so long as the consumer continues the use thereof. Whenever use of a service is abandoned by the consumer, this obligation to maintain the service shall cease. Costs set out herein shall apply for connections to property inside and outside the city limits of the City of Plainview. Section 1.12 Validity. If any part of this ordinance shall be declared and become invalid, such action shall not affect the remaining parts hereof. ARTICLE II. REPEAL All ordinances and amendments thereto in conflict with the provisions of this ordinance shall be and are hereby repealed. ATTEST: /S/ M.L. Rea City Secretary ARTICLE III. VALIDITY AND SEVERABILITY If for any reason any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be held invalid or unconstitutional, the same shall not affect, the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. ARTICLE IV. PENALTY Any person, firm, or corporation violating any provision of this ordinance, or causing same to be violated, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not to exceed Two Hundred Dollars ($200.00), and each and every violation of the provisions of this ordinance shall constitute a separate offense. ARTICLE V. PUBLICATION AND EFFECTIVE DATE The City Clerk is authorized and directed to publish the descriptive caption of this ordinance in lieu of publishing the entire ordinance, and this oridnance shall take effect from and after its final passage and publication. PASSED AND APPROVED this the :[.nth day of July ,A.D., 19 65 /S/ M.B. Hood M.B. HOOD, Mayor 1 .0 NAME OF SUBDIVISION: NAME OF DEVELOPER: SCHEDULE OF SEWER MAIN INSTALLATION REFUND Attach to this schedule a detailed sketch showing the sewer mains, manholes and cleanouts to be constructed: 1. On Site Extensions: Section 1.5b (la) Ft. 10" V.C.P. 0.51 Ft. 12" V.C.P. 1.36 Ft. 15" V.C.P. 2.86 Ft. 18'.' V.C.P. 4.86 Ft. 21" V.C.P. 7.06 Ft. 24" V.C.P. 9.36 Ft. V.C.P. Ft. Extra Manhole Depth on 10" and larger mains only 30.00 Total amount of Refund Due Under 1. 2. Along Site Extensions: Section 1.5b (lb -1) Ft. 6" V.C.P." 0.75 Ft. 8" V.C.P. 0.92 Each Standard Manhole 70.00 Ft. Extra Depth manholes 6" to 10" Sewers 15.00 Manhole Drop Units 30.00 Total Refund Due Under 2. 3. Along Site Extensions: Section 1 /5b (lb -2) Ft. 10" V.C.P. 1.43 Ft. 12" V.C.P. 2.28 Ft. 15" V.C.P. 3.78 Ft. 18" V.C.P. 5.78 Refunding Total Rate Refund Ft. 21" V.C.P. 7.98 Ft. 24" V.C.P. 10.28 Ft. V.C.P. Ea. Standard Manholes on.1O "and Larger Mains only 70.00 . Ft. Extra Manhole depth on 10" and larger mains only 15.00 Manhole Drop Units 30.00 Total Amount of Refund Due Under 3. 4. Off Site Extensions: Refundable when 85% of available frontage plus 85% of Subdivision are connected. Ft. 6" V.C.P. Ft. 8" V.C.P. Ft. 10" V.C.P. Ft. 12" V.C.P. Ft. 15" V.C.P. Ft. 18" V.C.P. Ft. 21" V.C.P. Ft. 24" V.C.P. Ea.. Std. Manholes Ft. Extra Depth Manholes Manhole Drop Units 1.50 1.84 2.35 3.20 4.70 6.70 8.90 11.20 140.00 30.00 60.00 Total Amount of Refund Due Under 4. Within ten (10) years from date of Utility Contract. Total of all sewer installation refunds due upon acceptance by City (1, 2, & 3) Prepared by: Date Approved: Date Water & Sewer Engineer City Manager Date Approved: Approved: Approved: Developer Date City Council Date NAME OF SUBDIVISION: J NAME OF DEVELOPER: Attached to this schedule is a detailed sketch showing the water mains, valves, and fittings to be installed. 1. On site extensions: Section 1.5b (la) Ft. 10" C.I. or A.C. Pipe 1.00 Ft. 12" C.I. or A.C. Pipe 2.00 Ft. 14" C.I. or A.C. Pipe Ft. 18" C.I. or A.C. Pipe Ea. 10" Gate Valve & Box Ea. 12" Gate Valve & Box 102.00 Ea. 14 ".Gate Valve & Box 350.00 Ea. 18" Gate Valve & Box 749.00 Tons Fittings (Calculate on basis of difference between 8" and larger size) Total Amount of Refund Due Under 1. 2. Along Site Extensions: Section 1.5b (lb -1) Ft. 2" C.I. Pipe 0.66 Ft. 3" C.I. or A.C. Pipe 0.90 Ft. 4" C.I. or A.C. Pipe 1.16 Ft. 6" C.I. or A.C. Pipe 1.41 Ft. 8" C.I. or A.C. Pipe 1.85 Ea. 2" Gate Valve & Box 22.50 Ea. 3" Gate Valve & Box Ea. 4" Gate Valve & Box Ea. 6" Gire Hydrants Ea. 8" Gate Valve & Box SCHEDULE OF WATER MAIN INSTALLATION REFUNDS Refunding Rate Total Refund 3.40 6.22 62.00 506.00 26.00 33.00 41.50 58.00 J Ea. 6" Fire Hydrants 100.00 Tons C.I. Fittings 8" and smaller 1/2 of 506.00 or 253.00 per tpn Total Amount Due Under 2. 3. Along Site Extensions: Section 1.5b (lb -2) Ft. 10" C.I. or A.C. Pipe 2.85 Ft. 12" C.I. or A.C. Pipe 3.85 Ft. 14" C.I. or A.C. Pipe 5.25 Ft. 18" C.I. or A.C. Pipe 8.07 Ea. 10" Gate Valve & Box 120.00 Ea. 12" Gate Valve & Box 160.00 Ea. 14" Gate Valve & Box 408.00 Ea. 18" Gate Valve & Box 807.00 Tons Fittings 8" and larger (Calculate on basis of differ- ence between 8" and larger size) 506.00 per ton Ea. Fire Hydrants 100.00 Total Amount of Refund Due Under 3. 4. Off Site Extensions: Section 1.5b (3) Refundable when 85% of frontage plus 85% of subdivision are connected. Ft. 2" C.I. Pipe Ft. 3" C.I. or A.C. Pipe Ft. 4" C.I. or A.C. Pipe Ft. 6" C.I. or A.C. Pipe Ft. 8" C.I. or A.C. Pipe Ft, 10" C.I. or A.C. Pipe Ft. 12" C.I. or A,C. Pipe Ft. 14" C.I. or A.C. Pipe Ft. 18" C.I. or A.C. Pipe Ea. 2" Gate Valve & Box 1.32 1.80 2.32 2.82 3.70 4.70 5.70 7.10 9.92 45.00 Ea 3" Gate Valve & Box 52.00 Ea. 4" Gate Valve & Box 66.00 Ea. 6" Gate Valve & Box 83.00 Ea. 8" Gate Valve & Box 116.00 ;' Ea. 10" Gate Valve & Box 178.00 Ea. 12" Gate Valve & Box 218.00 Ea. 14" Gate Valve & Box 466.00 Ea. 18" Gate Valve & Box 865.00 Ea. 6" Fire Hydrants 200.00 Tons Fittings 506.00 per ton Total Amount of Refund Due Under 4. (Within ten (10) years from date of Utility Contract.) Total Amount of All Water Installatibn Refunds Due Upon Acceptance by City. (1,2,& 3) ' Prepared by: Date Approved: Date Water & Sewer Engineer Approved: City Manager Date Approved: City Council Date Approved: Developer Date - 24 fund, to-wit: Thersuins$531.56. For the. following purpose: Additional help @ Sewage fiscal year: Salary @$250 per month Sundry charges ATTEST: (SEAL) ORDINANCE NO. 65 -889 A WATER AND SEWER PRO -RATA ORDINANCE July 19, 1965 (Inserted) AN APPROPRIATION ORDINANCE NO. 65 -890 WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Utility funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Utility Treatment Plant for the last (2) two months of the $500.00 31.56 $531.56 WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. A N D I T I S S O O R D E R E D . . Passedsby the Council onethis 19th day of July , 196 5 Signed: SIGNED: M. L. REA Verified by: MARSHALL PHARR City Secretary City Manager Approved by: GEORGE KIRK Head of Department ORDINANCE NO. 65 -891 M. B. HOOD Mayor Sewer Treatment Plant Department AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of GENERAL funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, 107 108 WHEREAS, an emergency exists as shown enactment of this ordinance is declared to a public necessity that the rule requiring (2) separate Council meetings be dispensed from the date of its passage. A N D I T I S S O Passed by the Council on this 19th day of in the preamble to this ordinance, the be an emergency measure thereby creating' proposed ordinances to be presented at two with; and this ordinance shall be effective Signed: ORDINANCE NO. 65 -892 O R D E R E D . . July , 196 5 M. B. HOOD' Mayor ATTEST: (SEAL) Signed: M. L. REA Verified by: MARSHALL PHARR City Secretary City Manager Approved by: Head of Department Department AN ORDINANCE PROHIBITING THE KEEPING AND MAINTENANCE OF HOGS, PIGS, OR SWINE WITHIN THE CITY OF PLAINVIEW, EXCEPT AS HEREIN PROVIDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH: AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: It shall be unlawful for any person who is the owner of any hog, pig or swine of any kind, or any person who has any -such animal under his or her control or management, to keep the same or to allow the same to remain in any pen or in any other place within the corporate limits of the City of Plainview, Texas, except as hereinafter provided in Section 2 of this Ordinance. SECTION 2: (a) Hogs, pigs or swine may be kept within the folliwing described portion of the City of Plainview, which said portion of the City of Plainview as here- inafter defined by metes and bounds shall be known and described as the Stockyard District: An area bounded on the North by the present City Limits of the City of Plainview; bounded on the East by Milwee Street and by Milwee Street extended to the North Boundary line of the present City Limits of the City of Plainview; bounded on the West by Elm Street; and bounded on the South by the Panhandle & Santa Fe Railway Company right -of -way; provided, however, that any such hog, pig or swine shall not be kept in said district for-any length of time longer than twenty (20) days for each such hog, pig or swine; except that in the event that an owner of hogs, pigs or swine purchasing same for slughter or for the market and keeping the said hogs, pigs or swine in the area above described, should happen to purchase a sow who bears pigs prior to the time such owner is able to ship, slaughter of dispose of her, that such person may keep said sow and her litter of pigs in said area for a length of time not to exceed forty -five (45) days. (b) Provided further that hogs, pigs or swine may be kept at the Hale County Fair Grounds for, the purpose of being exhibited. • SECTION 3: Any person who shall violate or fail to comply with any provision of this Ordinance shalt be deemed Zvi l r_v of a" mi cricmcnnnr f Plainview .0 SECTION '1: It shall be unlawful for anypefton .who is the owner of. any 'hog ipig,or swine of any kind, or any person'wlio ias any such animal under 'hisl4r,'heriwntrol or management, to " keep - the same or to allow the `same to Plainview, Texas remain in any w pen orrin!4 any other place within the coiporatelymits: of the City 21 ' Plainview, Texas,' except as herei provided in Section 2 of thfs Ordinance. • SECTION 2: (a),. Hogs, pigs or swine niay,x;be keptswithin the following de- scribed portion of the City of Plainview, which said portionof the City. of Plain- view as hereinafter defined by metes and bounds shall be known an d de -. scribed as the Stockyard District: • An, area bounded on the North by the present City Limits of the City of, Plain- view; bounded on the East by Milwee Street and by Milwee Street extended to the .North. boundary line 'of the pres- ent _City,Liinits of the.City °of• Plainview BEFORE ME, the undersigned authority, on this day personal] bnunded: on the -,West ,by Elm Street; t t and, bounded on the South by, the Pan-•. handle" & Santa Fe. Railway Company' James B. Oswald - Business Manage . right0f -way provided, however, that aeg ✓such . (Title) 'pig , or swine shall not be, kept in ,said• . district' for any length of time longer' t . than' twenty (20) 'days for each such hog pig or swine, except that in the of the Plainview Daily Herald, a newspaper of general circulation pl event that an owner, of hogs pigs or 'swine purchasing- 'same for slaughter or, for . the market= and keeping the above pigs or 'swine, in �Rie'area above', • Hale County, Texas, who stated on oath that the attached instrumen described, sh happen' to purchase a jsow who bears pigs prior ,to the` time such' owner is able to ship, slaugh -, ter f •or""dispose of lfer, 'that- such• person' lished in said newspaper on each of the following dates, to -wit: may keep said sow and her T itter of pigs. in said area for a length of time not to'• forty-five (45) 'days. No 1.2 A '(b) "Provided further that hogs, pigs br • swine may the kept' at the Hale- Fair Grounds for the purpose of being // � - Business Manage V exhibited., SECTION 3 Any; person who shall vio- (Title) " late or fail to comply with any' pro vision of .this- Ordinance shall' be deem . / ry` r co guilty of a misdemeanor; and upon f ; conviction thereof shall be punished by $ K a •fine of not less, than 51.00 and not more. than $200.00; and any person who shall` •abet or "assist in the" violation` 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 less than „ 51.00 - and not, more ,than, $200[00. Each and every, day that „this, Ordinance is:- violated shall. be deemed'' and held', to 151 • be ,a ; separate and distinct offense. SECTION - 4: Any and' all Ordinance's or.. ;parts; ;of, Ordinances in conflict ,here-• with, "including + Section 13 of Article' III;' "Chapter of The Code of the City •'of• Plainview; Texas, 1957" are hereby. repealed THE STATE OF TEXAS ) COUNTY OF HALE SUBSCRIBED AND SWORN TO BEFORE ME this Nov A.D., 19 65 . Published Every Afternoon Except Saturday With Enlarged Plainview Daily . PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4 -4343 — P. O. BO Notary Public, Hale County, The Best Investment For Your Advertising Dollar ATT EST: (Signed) M. L. REA City Clerk (City Seal)' Legal .Notice ORDINANCE •N0 „95.992 ” - ::>r -, - AN ORDINA E` P.120HI19iTING T 51 E. • KEEPING AND MAINTENANCE OF - HOGS; PIGS, OR SWINE WITHIN THE CITY OF, PLAINVIEW, EXCEPT AS HEREIN PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH •'l,i?AND PROVIDING A PENALTY , FOR' VIOLATION OF THIS ORDINANCE. • BE IT DAINED BY • THE CITY VIEW: COUNCI F . THE CITY ' OF PLAIN - r PASSED,' APPROVED AND' ADOPTED this `;16th° -day of =August, A.D.,'1965. - ...... • (Signed) '.. • M. B. HOOD 'Mayor, gTev. -190 ATTEST: (SEAL) Signed: M. L. REA City Clerk THE STATE OF TEXAS 0 COUNTY OF HALE PETITION TO CLOSE ALLEY In accordance with Article 1016, Civil Statute of the State of Texas, the under- signed property holders hereby petition the Honorable City Council of the City of Plainview, Hale County, to vacate, close rearrange the alley in Block 19, Thunder- bird Addition, Unit No. 7 to the Town of•Plainview, Hale County, Texas, and the alley hereby petitioned to be closed runs East and West as set forth in the original de- dication deed and plat of Thunderbird Addition, Unit No. 7 to the Town of Plainview, Hale County; Texas, and petitioners would submit the following facts to said Council, to -wit: 1. That the map of Thunderbird Addition, Unit No. 7 to the Town of Plainview,. Hale County, Texas, with the alley 20 feet in width, recorded in the- alley:20 °feet in width, recorded in the Deed Records of Hale County, Texas, reference to which is hereby made for all pertinent purposes. 2.. That there are no utility lines in said alley except the water lines and'petit- ioners are to pay the Cost removing said line in with their agreement with the City Council of Plainview, Texas. That the undersigned are the only abutting property holders on said alley hereby petitioned to be closed. THE STATE OF TEXAS 0 COUNTY OF HALE 3. 4. That the undersigned petitioners believe that it would be'to the benefit of the public in general for said alley'to be closed, and the closing of same will release the public from the cost of the maintenance of said alley. That the property imme- diately North of the alley to be closed is being purchased by one of the local churches of the City of Plainview, Texas, to be used for sanctuary purposes, and the use of said alley by the traveling public, both pedestrains and motorist, would be hazardous. THEREFORE, based upon the facts as submitted above, the undersigned abutting property owners hereby request that the alley in Block 19, Thunderbird Addition, Unit No. 7 to the City of Plainview, Hale County, Texas, be closed by a properly adopted City Ordinance. Respectfully submitted, B. B. HOWLE B. B. Howle HARLEY REDIN J.' W. Marshall - By Harley R as Attorney -in -fact 109 BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared B. B. HOWLE, and HARLEY REDIN as Attorney -in -Fact for J. W. Marshall, known 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 12thday of August, A.D.,1965. . . . . • . H. M. LaFont Notary Publi`c,• Hale County," Texas 110 ORDINANCE NO. 65 -893 AN ORDINANCE CLOSING THE ALLEY IN BLOCK 19, THUNDERBIRD ADDITION, UNIT NO. 7, TO THE TOWN OF PLAINVIEW, HALE COUNTY, TEXAS; AND DECLARING THE CLOSING OF SAID ALLEY TO BE IN_THE PUBLIC INTEREST: -v WHEREAS, B. B. HOWLE and J. W. MARSHALL are the owners of all the ' "sides the alley located in Block 19, Thunderbird Addition Unit No. of Plainview, Hale County, Texas, as reflected by the Plat and Dedicat corded in the Deed Records of Hale County, Texas; and WHEREAS, said alley, has never been opened and used by the public accordance with`the dedication deed referred to herei "n; and ATTEST: (CITY SEAL) ° Signed: M. L. REA TRACT ONE: Secretary of City Signed: M. B. HOOD ORDINANCE NO. 65 -894 M. B. HOOD, Mayor City of Plainview Thence Northwesterly along a line parallel to and 848.8 feet from land on both 7 to the Town ion Deed re- in general in WHEREAS, the property immediately North of said alley and immediately South-of said alley is being conveyed to 'a local church sanctuary' purposes and .the use of said alley in the future would create ,a dangerous and hazardous situatiori_to the pedestrains and motorist and other vehicular traffic; and WHEREAS, the closing of said alley ° is in the public interest and for the" safety of the public generally; and - WHEREAS, at a public hearing held by and before the City Council ofi the City of Plainview, Texas, at its regular sessionaon the 7th day of September 1965, to avoid the dangerous situation which would exist if the said alley were open for pedestrains and vehicular. traffic;. , NOW, THEREFORE, BE IT ORDAINED BY THE, CI,TY..COUNCIL.OF THE CITY OF PLAINVIEW,:, TEXAS: Section 1: • THAT the alley in Block 19, Thunderbird Addition, Unit No. 7 to the Town of Plainview, Hale County, Texas, be, and the same is hereby closed. °Section 2: _ THAT the City Council finds that it.is in the interest to close said alley as provided in Section 1 of this Ordinance. Section 3: THAT the alley in Block 19, Thunderbird Addition, Unit No. 7 to the Town of Plainview, Hale County, Texas, shall no longer be used or designated as an alley and the owners of the property contiguous to said alley may take possession thereof and may use the same in accordance with theq.aws of the State.of Texas. PASSED, APPROVED and ADOPTED, This day of September, 1965. AN ORDINANCE ANNEXING AND INCORPORATING INTO THE CITY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO; AND FINDING AND DETERMINING THAT NOTICE OF A PUBLIC HEARING TO BE HALD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, it is the desire of the City of Plainview, acting by and through its City Council, and it is in the best interest of said City, to annex and admit the following-described area and terri-tory_,into the City of Plainview, Texas, : to -wit: Commencing at the Southeast corner of the northeast one - quarter of Section 28, Block JK -2, Hale County, Texas; Thence West 733 feet along the south line of said northeast, one - quarter of Section 28, to a point; THENCE North 162.9 feet to a point; THENCE n. 70 09' W. 1,218.5 feet along the southwest line of the Grandview Addition to a southwest corner of said addition and the Place of Beginning for this tract of land;' the southwest right of way line of U. S. Highway 70 to a point 500 feet west of the west right of way line of Highway Loop 274; Thence Northerly along a line 500 feet westerly from and parallel to the west line of said Highway Loop 274 to a point in the south line of the All - brick Addition; Thence East along the line of said Allbrick Addition to a point in the west line of Canyon Street; Thence North along the west line of Canyon Street to a point in the north line of 30th Street; Thence East and Northeasterly along the north line of 30th Street and the northwest line of 30th Street extended across State Highwa 194 and the Ft. Worth and Denver Railway to a point 500 feet northeast from the north- east right of way line of State Highway 194; Thence Southeasterly along a line 500 feet northeast from and parallel to the northeast right of way line of said State Highway 194 acorss Highway Loop 274 to a point 500 feet measured perpendicularly from the southeast right of way line of said Highway Loop 274; Thence Southwesterly along a line 500 feet southeasterly from and parallel to the southeast right of way line of said Highway Loop 274 to a point in the northeast right of way line of State Highway 194; Thence Southeasterly along the northeast right of way line of said State Highway 194 to a point in the North line of 24th Street; Thence West along the north right of way line of 24th Street to a point in the east line of the Joe E. Webb tract annexed by Ordinance 750, September 4, 1961; Thence North 115.2 feet to the northeast corner of said Webb tract; Thence N 73 06' W 44.7 feet to a point; Thence N 48 47' W 175.7 feet to the northwest corner of said Webb tract; Thence South 244 feet to a point in the north line of 24th Street; Thence West along the north line of 24th Street to a point in the east line of the southwest one - quarter of Section 35, Block JK -2, and the east line of Revised Edgemere Heights Addition; Thence North along the east line.of said Revised Edgemere Heights Addition to a point in the southwest right of way line of State Highway 194; Thence Northwesterly along the southwest right of way line of said State Highway 194 to a point in the southeast right of way line of Highway Loop 274; Thence Southwesterly 1,213.2 feet along the southeast right of way line of said Highway Loop 274 to the West- Northwest corner of said Revised Edge - mere Heights Addition; Thence S 47 00' 20 "E 376 feet to a point; Thence South 756.8 feet to a point in the south line of 24th Street extended; Thence East along the south line of 24th Street to a point in the north- west line of Edgemere Addition, Unit No. 4; Thence Southwesterly and Westerly along the Northwest and North line of said Edgemere Addition, Unit No. 4 to a point in the east line of Ennis Street; Thence North along the east line of Ennis Street to a point in the south- east right of way line of Highway Loop 274; Thence Southwesterly along the southeast right of way line of said High- way Loop 274 to the north - northwest corner of the C. B. Jones Addition, Unit No. 1; Thence Southeasterly along the southwest line of 18th Street to a point in the northwest line of Jefferson Drive; Thence Southwesterly along the northwest line of said Jefferson Drive to the west- northwest corner of Brock Addition, Unit No. 7; Thence Southeasterly and South along the southwest and west lines of said Brock Addition, Unit No. 7, and along the west line of Brock Addition, Unit No. 6, to the southwest corner of said Brock Addition, Unit No. 6; Thence Easterly along the south line of said Brock Addition; Unit No. 6, to a point in the west line of the Wilcox Addition, Unit No. 1; Thence South along the weft line of said Wilcox Addition, Unit No. 1, to the northeast corner of the W. A. Alexander tract annexed by Ordinance No. 776, January 7, 1963; Thence Northwesterly along the northeast line of said Alexander tract to its northwest corner; Thence Southwesterly along the northwest line of said Alexander tract to a point in the southwest right of way line of U. S. Highway 70; Thence Southeasterly along the Southwest right of way line of U. S. Highway 70 to a northwest corner of the J. D. Cobb tract annexed by Ordinance No. 65 -862, March 15, 1965; Thence South 426.4 feet along the west line of said Cobb tract to a point; k 111: 112 TRACT TWO: TRACT THREE: Thence N 70 09' W 424 feet along the northeast line of said Cobb tract to a point; Thence South 109.2 feet along the west line of said Cobb tract to a point in the north line of the Grandview Addition; Thence Northwesterly along the north line of said Grandview Addition to a point in the southwest right of way line of U. S. Highway 70; Thence Northwesterly along the Southwest right of way line of U. S. Highway 70 to the Northwest corner of the Price Tract annexed by Ordinance No. 65 -871, April 19, 1965; Thence South 916.3 feet to the southwest corner of said Price Tract; Thence East along the south line of said Price Tract and across Highway Loop 274 to a point in the east right of way line of said Loop 274; , Thence Southerly along the east line of said Highway Loop 274 to a point in the South line of Grandview Addition; Thence S 70 09° E 460 Feet along the south line of said Grandview D to a point in the west line of a 20' alley; Thence S 19 51' W 140 Feet along west line of said 20' alley and the west line of said Grandview Addition to the Place of Beginning and containing approximately 333.7 acres of land. Beginning at the southeast corner of Lot 1, Block 4, Alabama Addition, Plainview, Texas; Thence North 630 feet to the northeast corner of Lot 2 of said Block 4, Alabama Addition; Thence East at 692.5 feet "pass the 'Southeast corner 'of 'the 'Evergreen Subdivision of Lots 5 & 6, Block 1, and Lots 1, 2, 7, & 8, Block 2, of the Alabama Addition, Plainview, Texas, in all' 892.5. feet °to the southeast corner of Lot 6, Block C, Hiway Addition, Plainview,'Texas; Thence North 420 feet along the line of said Block C, Hiway Addition, to the northeast corner of Lot 3, Block C, Hiway Addition; Thence West 200 feet along the north line of said Lot 3 to its northwest corner; Thence North 210 feet along the east line of said Evergreen Subdivision to a point in the line of'28th Street; Thence East 440 feet along the south line of 28th Street to a point; Thence 690 feet along'a °line parallel to and 177.5 feet west of the east line of said Evergreen Subdivision to a point in the north line of said Evergreen Subdivision; Thence East 262.5 feet to a point in the east right -of -way line of U.S. Highway 87; Thence South1950i'feet=.along the east right -of -way line of U. S. High- way 87 to a point in the north line "of 24th Street;. Thence West 1,395 fee along the north line of 24th Street and the south line of Block 1, Alabama Addition, to the,Place of Beginning and containing 32.6 acres 'of land, more or less. A tract of - land out of the southwest one - quarter of Section 38, Block JK -2, Hale County, Texas, and being Block 31 of Bowman's Proposed Subdivision as shown by an unrecorded.plat of said subdivision, which tract is more particularly described as follows; Beginning at a, point 735 feet west of the southeast corner of the southwest one- quarter of Section 38, Block JK -2, Hale County, Texas; Thence West 375 feet to the southeast corner of the Dyson Tract annexed by Ordinance No. 64 -807 A, February 17, 1964; Thence North 464.64 feet to a point in the south line of Thunderbird Addition;` Unit No. 1; Thence East 375 feet along the south line of said Thunderbird Addition; Unit No. .1, to° a point; Thence South 464.64 feet along the west line of the KVOP, Inc. Tract annexex by Ordinance No. 734A, October 17, 1960, to the Place of Beginning and containing 4.0 acres of land, more or less. TRACT FOUR: Beginning at a point in the North line of Block 96, College Hill Addition to Plainview, Texas, and 300 feet east of its northwest corner; Thence South 360 feet along the east line of the Wayland Tract annexed by Ordinance No. 761, November 20, 1961, to the southeast corner of said Wayland Tract; Thence East along an extension of the south line of 4th Street to a point in the southwest line of the F,oxworth- Galbraith Lumber Company Tract annexed by Ordinance No. 717, September 7, 1959; Thence Northwesterly and North along the southwest and west lines of said Foxworth- Galbraith Tract to a point in an extension of the north line of said Biock 96; Thence West along the north line of said Block 96 to the Place of Beginning and containing 3.8 acres of land, more or'less. TRACT FIVE: and Beginning at the southeast corner of the northeast one - quarter of Section 28, Block JK -2, Hale County, Texas; Thence South 60 feet to a point; Thence West along the south line of 4th street to a point in the west line of the Thurston Subdivision; Thence North 60 feet to a point in the south line of the Grandview Addition; Thence East along the south line of said Grandview Addition to its south- east corner and the beginning corner of the J. D. Cobb Tract annexed by Ordinance No. 65 -862, March 15, 1965; Thence North 480 feet along the east line of said Cobb Tract and Grandview Addition to a point; Thence East 135.7 feet along the south line of said Cobb tract to a point; Thence North 404.0 feet along the east line of said Cobb Tract to a point in the southwest right of way line of U. S. Highway 70; Thence Southeasterly along the south line of. said U. S. Highway 70 to a point in the east line of said Section 28; Thence South along the east line of said Section 28 to the Place of Beginning and containing 6.7 acres of land, more or less; WHEREAS,. Prior to the institution of said annexation proceedings, notice of a public hearing to be held pertaining to the institution of said proceedings by the City of Plainview was duly given, by publishing same in. the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and by giving additional notice by certified mail to all railroad companies serving the City of Plainview and on the City's tax rolls and having right, -of -way included in the territory to be annexed; and said public hearing was duly held; 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 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 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: TRACT ONE: Commencing at the Southeast corner of the northeast one - quarter of Section 28, Block JK -2, Hale County, Texas; Thence West 733 feet along the south line of of said northeast one - quarter of Section 28, to a point; Thence North 162.9 feet to a point; Thence N. 70 09' W. 1,218.5 feet along the southwest line of the Grandview Addition to a southwest corner of said addition and the Place of Beginning for this tract of land; Thence Northwesterly along a line parallel to and 848.8 feet from the southwest right of way line of U. S. Highway 70 to a point 500 feet west of the West right of way line of Highway Loop 274; Thence Northerly along a line 500 feet westerly from and parallel to the west line of said Highway Loop 274 to a point in the south line of the All- brick Addition; Thence East along the south line of said Allbrick Addition to a point in the west line of Canyon Street; : Thence North along the west line of Canyon Street to a point in the north line of 30th Street; Thence East and Northeasterly along the north line of 30th Street and the northwest line of 30th Street extended across State Highway 194 and the Ft. Worth and Denver Railway to a' point 500 feet northeast from the north- east right of way line of State Highway 194; Thence Southeasterly along a line 500 feet northeast from and parallel to .the northeast right of way line of said State Highway 194 across Highway Loop 274 to a point 500 feet measured perpendicularly from the southeast right of way line of said Highway Loop274; 113 114 Thence Southwesterly along°a line 500 feet southeasterly from and parallel to the southeast right of way line of said Highway Loop 274 to a point in the northeast right of way line of State Highway 194; Thence Southeasterly along the northeast right of way line of said State Highway 194 to ar,°point in the North Line of 24th Street; Thence West along the north right of way line of 24th Street to a point in the east line of the Joe E. Webb tract annexed by Ordinance 750, September 4, 1961; ' Thence North 115.2 feet to the northeast corner of said Webb tract; Thence N 73 06° W 44.7 feet to a point; Thence N 48 47' W 175.7 feet to the northwest corner of said Webb tract; Thence South 244 feet to a point in the north line of 24th Street; ' Thence West along the north line of 24th °Street to a point in the east line of the southwest one - quarter of Section 35, Block JK -2, and the east line of Revised Edgemere Heights Addition; Thence North along the east line of said Revised Edgemere Heights Addition to a point in the southwest right of way line of State Highway 194; Thence Northwesterly along the southwest right of way line of said State Highway 194 to a point in the southeast right of way line of Highway Loop '274; Thence Southwesterly 1,213.2 feet along the southeast right of way line of said Highway Loop 274 to the West - Northwest corner of said Revised Edgemere Heights Additions Thence S 47 00' 20 E 376 feet to a point; Thence South 756.8 feet to a point in the south line, of 24th Street extended; Thence E along the south line of 24th Street to a point in the north- west line of Edgemere Addition, Unit.No. 4 Thence Southwesterly and Westerly along the Northwest and North line of said Edgemere Addition, Unit No. 4 to a point in the east line of Ennis Street; Thence North along the east line of Ennis Street to a point in the south- east right of way line of Highway Loop 274; Thence Southwesterly along the southeast right of way line of said Highway Loop 274 to the north - northwest corner of the C. B. Jones Addition, Unit No. 1; Thence South and Southwesterly along the west and northwest line, of said C. B. Jones Addition, Unit No. 1 to the west- southwest corner of said C. B. Jones Addition, Unit No. 1; Thence Southeasterly along the southwest line of 18th Street to a point in the northwest line of Jefferson D Thence Southwesterly along the northwest line of said Jefferson Drive to the west - northwest corner of Brock Addition, Unit No. 7; Thence Southeasterly and South along the southwest and west lines of Brock Addition, Unit No. 7, and along the west line of Brock Addition, Unit No. 6, to the southwest corner of said Brock Addition, Unit No. 6; Thence Easterly along the south line of said Brock Addition; Unit No. 6, to a point in the west line of the Wilcox Addition, Unit No. 1; Thence South along the west line of said Wilcox Addition, Unit No. 1, to the northeast corner of the 1G A. Aledander tract annexed by Ordinance No. 776, January 7, 1963; Thence Northwesterly along the northeast line �f said Alexander tract' to its northwest corner; Thence Southwesterly along the northwest line of said Alexander tract to a point in the southwest right of way line of U. S. Highway 70; Thence Southeasterly along the Southwest right of way line of U. S. Highway 70 to a northwest corner of the J. D. Cobb tract annexed by Ordinance No. 65 -862, March 15, 1965; Thence South 426.4 feet along the west line of said Cobb tract to 'a point; Thence N 70 09° W 424 feet along the northeast line of `said'Cobb tract to a point; Thence South 109.2 feet along the west line of said Cobb tract to a point in the north line of the Grandview Addition; Thence Northwesterly along the north line of said Grandview Addition to a point in the southwest right of way line`of U. S: Highway 70; ' Thence Northwesterly along the Southwest right of way line of U. S. Highway 70 to the Northwest corner of the Price Tract annexed by Ordinance' No. 65 -871, April 19, 1965; Thence South 916.3 feet to•the. southwest corner of said Price Tract; Thence East along the south line of said Price Tract and across Highway Loop 274 to a point in the east right of way line of said Loop 274; Thence Southerly along the east line of said Highway Loop 274 to a point in the South line of Grandview Drive also being the west southwest corner of said Grandvil Addition; Thence S 70 09' E 460 feet along the south line of said Grandview Drive to a point in the west line of a 20' alley; ■ IND f TRACT TWO: Thence S 19 51' W 140 feet along west line of said 20' alley and the west line of said Grandview Addition to the Place of Beginning and containing approxi- mately 333.7 acres of land. Beginning at the southeast corner of Lot 1, Block 4, Alabama Addition, Plainview, Texas; Thence North 630 feet to the northeast corner of Lot 2 of said Block 4, Alabama Addition; Thence East at 692.5 feet pass the southeast corner of the Evergreen Subdivision of Lots 5 & 6, Block 1, and Lots 1, 2, 7, & 8, Block 2, of the Alabama Addition, Plainview, Texas, in all 892.5 feet to 'the southeast corner of Lot 6, Block C, Hiway Addition, Plainview, Texas; Thence North 420 feet along the line of said Block C, Hiway Addition, to the northeast corner of Lot 3, Block C, Hiway Addition; Thence West 200 feet along the north line of said Lot 3 to its northwest corner; Thence North 210 feet along the east line of said Evergreen Subdivision to a point in the south line of 28th Street; Thence East 440 feet along the south line of 28th Street to a point; Thence North 690 feet along a line parallel to and 177.5 feet west of the east line of said Evergreen Subdivision to a point in the north line of said Evergreen Subdivision; Thence East 262.5 feet to a point in the east 'right of way line of U. S. Highway 87; Thence South 1,950 feet along the east right of way line of U. S. Highway 87 ro e� to a point in the north line of 24th street; Thence West 1,395 feet along the north line of 24th Street and the south line of Block 1, Alabama Addition, to the Place of Beginning and containing 32.6 acres of land, more or less. TRACT THREE: . Section 38, Block Proposed Subdivision tract is more A tract of land out of the southwest one - quarter of JK -2, Hale County, Texas, and being Block 31 of Bowman's as shown by an unrecorded plat of °said subdivision, which particularly described as follows: Beginning at a point 735 feet west of the southeast west one - quarter of Section 38, Block JK -2, Hale County, Thence West 375 feet to the southeast corner of the by Ordinance No. 64- 807 -A, February 17, 1964; Thence North 464.64 feet to appoint in the south line of Thunderbird Addition; Unit No. 1; Thence East 375 feet along the South line of said Thunderbird Addition; Unit No. 1, to a point; Thence South 464.64 feet along the west line of the KVOP, Inc. Tract annexed by Ordinance No. 724 -A, October 17, 1960, to the Place of Beginning and containing 4.0 acres of land, more or less. corner of the south - Texas; Dyson Tract °annexed TRACT FOUR: Beginning at a point in the North line of Block 96, College Hill Addition to Plainview, Texas, and 300 feet east of its northwest corner; Thence South 360 feet along the east line of the Wayland Tract annexed by Ordinance No. 761, November 20, 1961, to the southeast corner of said Wayland Tract; Thence East along an extension of the south line of 4th Street to a point in the southwest line of the Foxworth- Galbraith Lumber Company Tract annexed by Ordinance No. 717, September 7, 1959; Thence Northwesterly and North along the southwest and west lines of said Foxworth- Galbraith Tract to a point in an extension of the north line of said Block 96; Thence West along the north line of said Block 96 to the Place of Beginning and containing 3.8 acres of land, more or less. TRACT FIVE: Beginning at the southeast corner of the northeast one - quarter of Section 28, Block JK -2, Hale County, Texas; Thence South 60 feet to a point; Thence West along the south line of 4th Street to a point in the west line of the Thruston Subdivision; Thence N,rth 60 feet to a point in the south line of the Grandview Addition; 115' 116 t Thence East along the south line of said Grandview Addition to its south - *No east corner and the beginning corner of the J. D. Cobb Tract annexed by Ordinance M No. 65 -862, March 15, 1965; Thence North 480 feet along the east line of said Cobb Tract and Grandview Addition to a point; Thence East 135.7 feet along the south line of said Cobb tract to a point; Thence North 404.0 feet along the east line of said Cobb Tract to 'a point in the southwest right of way line of U. S. Highway 70; Thence Southeasterly along the south line of said U. S. Highway 70 to a point in the east line of said Section 28; Thence South along the east line of said Section 28 to the Place of Beginning and containing 6.7 acres of land, more or less, is contiguous to the City Limits of the City of Plainview, Texas SECTION 2: It is found and determined that before the institution of said annexation proceedings, the governing body of the City of Plainview provided an opportunity for all persons to be heard at a public hearing, which said public hear- ing was held not more than twenty days and not less than ten days prior to the in- stitution of said: proceedings; that notice of said hearing was duly published in a newspaper having general circulation in the City of Plainview and in the territory proposed to be annexed, that said notice was published once in the Plainview Daily Herald on the 7th day of September, A.D., 1965, the same being not more than twenty days nor less than ten days prior to said hearing; that said additional notices was given by certified mail to all railroad companies serving the City of Plainview and on the City's tax rolls and having right of way included .in the territory to be annexed; that said hearing was duly held by the City Council of the City'of Plainview, at which hearing all interested persons were given an opportunity to be heard; and that all notices, hearings and proceedings pursuant to the annexation of said - territory . a area to the City Limits of the City of Plainview gave been complied with. • SECTION 3: It is, therefore, ordained by the City Council of the City of Plainview, Texas, that the above described area and areas be and the same is in all respects annexed to, and made a part of, the City of Plainview, Texas. SECTION 4: It is further determined and ordered by the City Council of the City of Plainview that the above described area and areas from. and after the date of.this ordinance be subject to the control and jurisdiction of the City•of Plainview and be subject to taxetwandootiei k §tes'sinehtsnwhichhihay be levied by law by 'the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED, this 20th day of September , A.D., 1965. ATTEST: (SEAL) Signed: M. L. Rea CITY CLERK, City of Plainview AN ORDINANCEANNEXINGaAND INCORPORATING .INTO THE. CITY LIMITS,OF THE CITY OF:PLAINVIEW, TEXAS, AN AREA ADJACENT THERETO; AND FINDING AND DETERMINING THAT A PETITION HAS,BEEN DULY SIGNED BY THE LAND OWNER AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAIN- ING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD,: AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; AND MAKING SAID AREA SUBJECT TO ,THE JURISDICTION. OF THE CITY OF PLAINV.IEW, TEXAS.. WHEREAS, a petition has of Plainview, Texas, by J. W petitioning the City Council described area and territory ORDINANCE NO. 65 -895 Signed: M. B. HOOD. MAYOR, Cit of Plainview been signed and filed,w the City Clerk of the City . Marshall, owner. of the hereinafter. ,described, land, „ of the City of Plainview to annex and admit the following into the City of Plainview, Texas, to -wit: TRACT ONE: BEGINNING at a point 315 feet north and 55 feet west of the S. E. corner of the N. W. 1/4 of Section 38, Block JK -2 Hale County, Texas; THENCE West 502.7 feet along the North line of Unit y, Thunderbird Addition to the City of Plainview, Hale County, Tcxas, to a point; THENCE North 90 feet to the beginn- ing of a curve; THENCE Northeasterly 31.42 feet along a curve to the right with a radius of 20 feet and a central angle of 90 00' to'a point of tangency; 111 THENCE East 462.7 feet to the beginning of a curve; THENCE Southeasterly 31.42 feet along a curve to the right with a radius of 20 feet and a central angle of 90 00' to a point of tangency; THENCE South 90 feet to the Place of Beginning and containing 1.27 acres of land, more or less. TRACT TWO: BEGINNING at a point 315 feet North and 20 feet East of the S. E. corner of the N. W. 1/4 of Section 38, Block JK -2, Hale County, Texas, said point also being the N. E. corner of Unite 7, Thunderbird Addition to the City of Plain- view, Hale County, Texas; THENCE West 75 feet along the North line of said Unit 7, Thunderbird Addition to a point; THENCE North 90 feet to the beginning of a curve; THENCE Northwesterly 31.42 feet along a curve to the left with a radius of 20. feet and a central angle of 90 00'=to a point of tangency; THENCE West 462.7 feet to the ebginning of a curve; THENCE Southwesterly 31.42 feet along a curve to the left with a radius of. 20 feet and a central angle of 90 00' to a point; THENCE North 90 feet along the east line of a dedicated street to a point; THENCE Southeasterly 31.42 feet along a curve to the left with a radius of 20 feet and a central angle of 90 00' and whose chord bears S. 45 00' E. to a point of tangency. THENCE East 462.7 feet to the beginning of a curve; THENCE Northeasterly 31.42 feet along a curve to the left with a radius of 20 feet and a central angle of 90 to a point; THENCE East 75 feet to a point; THENCE 'South 180 feet to the Place of Beginning, and containing 0.89 acres of land, more or less. and WHEREAS, prior to the institution of said annexation proceedings and pursuant to said petition, notice of a public hearing to be held pertaining to the in- stitution of said annexation proceedings by the City of Plainview was duly given, by publishing same in the Plainview Daily Herald in accordance with the require- ments of the statutes of the State of Texas, and said public hearing was duly held; 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 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: SECTION 1:. It is found and determined by the City Council that the follow- ing described tract of land, to -wit: TRACT ONE: BEGINNING at a point 315 feet north and 55 feet west of the S. E. corner of the N. W. 1/4 of Section 38, Block JK -2, Hale County, Texas; THENCE West 502.7 feet along the North line of Unit 7, Thunderbird Addition to the City of Plainview, Hale County, Texas, to a point; THENCE North 90 feet to the beginning of a curve; THENCE Northeasterly 31.42 feet along a curve to the right with a radius of 20 feet and a central angle of 90 00' to a point of tangency; THENCE•East 462.7 feet to the beginning of a curve; THENCE South- easterly 31.42 feet along a curve to the right with a radius of 20 feet and a central angel of 90 ° '00' to a point of tangency; THENCE South 90 feet to the Place of Beginning and containing 1.27 acres of land, more or less. TRACT TWO: BEGINNING at a point 315 feet North and 2012feet North and 20 feet East of the S. E. corner of the N. W. 1/4 of Section 38, Block JK -2, Hale County, Texas, said point also being the N. E. Corner of Unit 7, Thunderbird Addition to the City of Plainview, Hale County, Texas; THENCE West 75 feet along the North line of said Unit 7, Thunderbird Addition to a point; THENCE North 90 feet to the beginning of a curve; THENCE Northwesterly 31.42 feet along a curve to the left with a radius of 20 feet and a central angle of 90 00' to • a point of Tangency; THENCE West 462.7 feet to the beginning of a curve; Southwesterly.31.42 feet along a curve to the left with a radius of 20 feet and a central angle of 90 00' to a point; THENCE North 90 feet along the east line of a dedicated street to a point; THENCE Southeasterly 31.42 feet along a curve to the left with a radius of 20 feet and a central angle of 90 00' and whose chord bears S. 45 00' E. to a point of tangency; THENCE East 462.7 feet to the beginning of a curve; THENCE Northeasterly 31.42 feet along a curve to the left with a radius of 20 feet and a central angle of 90 00'.to a point; THENCE. East 75 feet to a point; THENCE South 180 feet to the Place of Beginning, and containing 0.89 acres of land, more or less, and all of which land lying and being situated in Hale County, Texas, is conti- guous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that the owner of said tract of land has petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is found and determined and ordained by the City Council of the City of Plainview, that said petition in all things be granted and that the above described area be and the same is in all respects annexed to and made a part of the City of Plainview, Texas. SECTION 5: It is further determined and ordained by the City Council of the C111 off'Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments, which may be levied by law by the City of Plainview, Texas. ATTEST: (SEAL) Signed:. M. L. REA PASSED, APPROVED AND ADOPTED this 20th day of September , A.D, 1965. CITY CLERK, City of Plainview AN ORDINANCE AMENDING SECTION 48 OF ARTICLE II OF CHAPTER 14 OF "THE CODE OF THE CITY OF PLAINVIEW, TEXAS, 1957 ", BY AMENDING SCHEDULE 4 OF SAID SEC- TION 48 TO PROVIDE FOR ANGLE PARKING AT A TWENTY THREE DEGREE (23 ° ) ANGLE IN THE 900 BLOCK AND THE 1,000 BLOCK OF NORTH BROADWAY STREET IN THE, CITY OF PLAINVIEW, TEXAS.' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That portion of Schedule 4 of Section 48 of Article II, Chapter 14 of "The Code of the City of Plainview, Texas, 1957 ", which reads as follows: "STREET INCLUSIVE BLKS. - EXTENT SIDE Broadway S 400.B1k through 1100 Blk. 8 Blocks Long Both" is hereby amended so as to hereafter read asfollows: "STREET INCLUSIVE BLKS. EXTENT SIDE - North Broadway St. 400 Blk. through 800 Blk. 4 Blocks Long Both North Broadway St. 1100 Blk. 1 Block Long ° Both" SECTION 2: Section 48 of Article II, Chapter 14 of "The Code of the City of Plainview, Texas, 1957" is hereby provided and ordained as follows: "Sec. 48a. Angle Parking. On the streets, or portions thereof as described in Schedule 5 of this section, all vehicles be parked at an angle of 23 degrees on the ciirfii2.and with the right wheels to the curb or edge of the street. SCHEDULE 5 Portions of Streets for Angular Parking at 23 Degrees. STREET INCLUSIVE BLKS. EXTENT SIDE North Broadway St. 900 Blk. through 1,000 Blk 2 Blocks Long Both" • SECTION 3 :., The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or pharse of this shall for any reason be held to be invalid or unconstitutional, 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 4: 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 as provided in Section 77 of Article IV, Chapter 14, of "The Code of the City of Plainview, Texas, 1957 ". PASSED AND APPROVED this 20th day'of September , A. D., 1965. ATTEST: (SEAL) Signed: M. L. REA City Clerk, City of Plainview ORDINANCE NO. 65 -896 Signed: M. B. HOOD MAYOR, City of Plainview Signed: M. B. HOOD MAYOR, City of Plainview ORDINANCE NO. 65 -897 AN ORDINANCE APPROVING THE BUDGET SUBMITTED BY THE CITY MANAGER OF THE CITY °OF'PLAIN - VIEW, TEXAS FOR THE YEAR 1965 -1966. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1. That the budget prepared by the City Manager of Plainview, Texas for the City of Plainview, Texas for the year commencing October 1, 1965 through and including September 30, 1966 is hereby approved and ordered filed with the City Clerk of the City of Plainview, Texas. Section 2: The City Clerk is hereby ordered to file a copy of said budget with the Comptroller of Public Accounts, at Austin, Texas. PASSED AND APPROVED this' the 4th day of October , A.D., 1965. ATTEST: (City Seal) Signed: M. L. REA M. L. Rea, City Clerk AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PLAINVIEW, TEXAS AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1- 965 -1966; PROVIDING FOR THE TIME AND MANNER OF PAYING THE AD VALOREM TAXES LEVIED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of Plainview, Texas and to provide interest and sinking funds for the year, Nineteen hundred and Sixty five (19651), upon all property, real, personal and mexed, within the corporate limits of said City subject to taxation, a tax of one dollar and eighty cents (1.80) on each One Hundred Dollars 0100.00) valuation of property, said tax being so levied and apportioned to the ,specific purposes herein set forth: , (A) For the maintenance and support of the general government and for the operation of the City Government to be placed in the General Fund, 83.75% of the total amount received, being $1.5075 on each One Hundred Dollars ($100.00) valuation of property.f. (B) For the interest and sinking funds the following apportionments shall be made: SINKING FUND No. General Obligation Refunding Bonds 1 Sept. 1926' No. 2. General Obligation Refunding Bonds 1 Feb. 1931 No. - 3. Street Improvement Bonds 15 May 1953 No. 4. Street Improvement Bonds ORDINANCE NO. 65 -898 (Fi - led in Ordinance Book) Signed: M. B. HOOD M. Br Hood, Mayor ORDINAtNCE NO. 65 -899 r,a 'PERCENTAGE AMOUNT .0125% .0225 .0025% .0045 .0025% .0045 .0150% .0270 1.1.9" 1 No. 5. General Obligation Bonds 1 June 1957 No. 6. General Obligation Refunding Bonds 1 Sept. 1958 .0300% .0540 No. 7. General Obligation Bonds, Series 1959 1 Aug. 1959 .0250% .0450 No. 8. Park Bonds Series 1963 15 Jan. 1963 .0150% .0270 No. 9 General Obligation Series 1963 15 Jan. 1963 .0375% .0675 No. 10 Water Sewer Improvement Bonds, 15 Jan. 1949 None None No.11 Water & Sewer Improvement Bonds,'1 Aug. 1952 None None No. 12 Water & Sewer Improvement Bonds, 15 May 1953 None None No. 13 Water & Sewer Improvement Bonds, 15 April 1955 None None No. 14 City Hall 'Furniture Warrants 15 May 1964 .0050% .0090 No. 15 Airport Warrants 15 July 1965 • .0100% .0180 Section 2. All Monies collected under this ordinance for the specific items herein named, be and the same are hereby appropriated and set apart for the specific purpose indicated'in each item and that the Assessor and Collector of Taxes, the City Treasurer and the City Clerk shall keep these accounts so as to readily and distinctly show the amount collected, the amounts expended and the amount on hand at any belonging to such funds, it is hereby made the duty of the Tax Assessor and Collector and every such person collecting money for the City of Plainview to deliver to the City Clerk and the City Treasurer at the time of depositing any monies, a statement showing to what fund such deposit should be made and from what source received. All receipts for the City not specifically apportioned by this Ordinance are hereby made payable to the General Fund of the City. Section 3. That the ad valorem taxes herein levied shall become on the 1st day of October, 1965, and may be paid up to and including the following January 31, 'without penalty, but if not so paid such taxes shall become delinquent on the follow - ing day, February lst, the following penalty shall be payable thereon, to -wit: if paid during the month of February, one percent (11); during the month of March, two percent (2 %); April, three percent (3%); May, four percent (4 %); June, five percent (5 %); and on and after the 1st day of July, eight percent (8 %). Such unpaid taxes shall bear interest at the rate of six percent (6 %) per annum from February 1st, 1966, and $1.00 shall be charged for each redemption certificate issue by the Tax Assessor and Collector•as cost. Section 4. The taxes herein levied shall be a first and prior lien against the property upon which they are assessed and the said first lien shall be superior and prior to all other liens, charges and encumbances, and this lien shall attach to personal property to the same extent and with the same priorities as to real estate. Section 5. The liens provided herein shall attach as of January 1, 1965. Section 6. Should any part of this ordinance be declared invalid, for any reason, that invalidity shall not effect the remainder of this ordinance, which' remainder shall continue in full force and effect. PASSED AND APPROVED this the 18th day of October , A.D., 1965. ATTEST: (Seal) Signed: M. L. REA M. L. Rea, City Clerk .0075% .0135 Signed: M. B. HOOD M. B. Hood, Mayor ORDINANCE NO. 65 -898 ORDINANCE APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH BRYAN & HOFFMAN 0 6' NAZ OF CONTRACTOR: DATE OF CONTRACT: PURPOSE: Ite Number 7 9 Cash APPROVED: supervision, ing and seal Original Estimated Quantity 375 1,300 BRYAN & HIOFFMAN, Contractor ATTEST: (City Seal) CHANGE ORDER NO. 1 BRYAN & HOFFMAN July 19, 1965 Furnishing all materials, equipment, labor and incidentals for the recondition - coating of runways, taxiways, aprons, entrance roads and parking areas, and the construction of asphaltic and concrete aprons and parking areas in accordance with approved plans and specifications. ORIGINAL CONTRACT PRICE: $29,263 50 As work has progressed under the aforementioned contract it has become evident that changes should be made in the, quantity of work to be done and materials supplied. The following changes are accordingly made: Contract Unit Price $7.85 5.58 02` 0 City Secretary, City of Plainview, Texas APPROVED : Revised Quantities 480 1,393.5 REVISED CONTRACT PRICE: $30,609.48 PAYMENT TO BE MADE AS FOLLOWS: Through issuance and delivery of warrants as authorized July 19, 1965 Willi am Hogge, Engineer City of Plainview, Texas Effect of Change + $ 824.25 521.73 $ 1,345.98 $29,000.00 1,609.48 Except as herein modified, said contract shall remain in full force and effect. 0 "AN ORDINANCE by the City Council of the City of Plainview, Texas, approving Change Order No. 1 to contract with Bryan & Hoffman, authorizing execution of same on behalf of the City, enact- ing other provisions incident and realted to the subject, and declaring an emergency." WHEREAS by contract dated July 19, 1965, BRYAN & HOFFMAN became obligated to make certain peiivanent improvements to the airport in Plainview, Texas, to -wit: the furnishing of all materials, equipment, supervision, labor and incidentals for the reconditioning and seal coating of runways, taxiways, aprons, entrance roads, and parking areas and the construc- tion of asphaltic and concrete aprons and parking areas, as set out in the plans and specifications approved by this Council; and WHEREAS, as work has progressed, it has been determined by the engineers of this City that certain changes should be made in the quantities of materials to be supplied .under the said contract; now, therefore, THE COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS: SECTION 1: That Change Order No. 1 to the contract men- tioned in the preamble hereof, which Change Order is attached to and made a part of this ordinance, is hereby in all things approved. The Mayor of the City of Plainview is hereby authorized and directed to execute said Change Order for and on behalf of this City and as its act and deed. SECTION 2: That the sum of $1,345.98 is hereby appropriated out of funds legally available for the purpose to pay the increase in the contract price occasioned by the approval of Change Order No. 1. The City Treasurer is directed to set such sum aside for the purpose of paying the revised contract price and same shall be used for no other purpose. SECTION 3: The fact that it is to the best interest of the City to provide for the changes in the quantity of work to be done and materials to be supplied under the aforementioned contract at the earliest possible date constitutes and creates an emergency and an urgent public necessity, requiring that any rule requiring ordinances to be read and voted upon more than one time or at more than one meeting be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and same 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 Z_ day of ..4-",e;,,a 1965. ATTEST: (City Seal) Mayor, City of Plainview, Texas City Secretary, City of Plainview, Texas APPROVED AS TO ,0 rney, Cite of Plainview, Texas / L� 0 THE STATE OF TEXAS CITY' OF PLAINVIEW COUNTY OF HALE ORDINANCE APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH BRYAN & HOFFMAN ON THIS, the � day of - M667( , 1965, the City Council of the CITY OF PLAINVIEW, TEXAS, cdnvened in 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 MAURICE HANNA ) KELTZ GARRISON ) MEDLIN CARPENTER ) ALDERMEN JAMES W. DAVENPORT ) H. A. RAGLAND ) and with the following absent: e,�c constituting a quorum; and among other proceedings had were the following: The Mayor introduced a proposed ordinance which was read in full. Alderman se EA 4,4 7--- made a motion that any rule requiring ordinances to be read more than one time or at more than one me ting be suspended. The motion was seconded by Alderman ggAp and carried by the following vote: AYES: Aldermen Hanna, Garrison, Carpenter, Davenport and Ragland NOES: None. Alderman ve - ,�,,9„ 7-- made a motion that the o�" be passed finally. The motion was seconded by Alderman 6 yst,so.•J and carried by the following vote: AYES: Aldermen Hanna, Garrison, Carpenter, Davenport and Ragland NOES: None. The Mayor announced that the ordinance had been finally passed. The ORDINANCE is as follows: ��? a�, PIa nviethft r � THE STATE OF TEXAS ) )) COUNTY OF HALE J a n .e.s. Oswald of the Plainview Daily Herald, a newspaper Published Every Afternoon Except Nov A.D., 19 65 . E ;.: • • TO ALL R . VIEW, TEXAS' ELECTORS OF Plainview iFI ET TX H AVE DU F OR TAK PUBLISHED BY l 801 BROADWAY — The Best Investment For p. SUBSCRIBED AND SWORN TO BF Legal_ Noti.e E OF E STA ITY OP COUNT TAKE NOTIC: :. held in the ', on the 23rd obedience to duly entered,. 29th day o €,: -:! sitions set fc LUTION AN BOND ELEC order being a" for all ±nten` IN WIT hereunto.: �x and - affixed Plainview, this 1985, pursuant law and the order of the ATTEST: (Signed) a a a L. Rea City Secreta City of PI. BEFORE ME, the undersigned authority (Cii7 Seal RES A RES City Cou Texas, 0 it said o ber, 7.965 to the, Plainvie therein Hale County, Texas, who stated on oath that i d eg 8 enactin ing the fished in said newspaper on each of the followin WI-IER of Pia to iss November 1 — Nov f °) � O0`S69IS paper°? 'Rib- 0 0 • SOOIS • • . '' 3 l od ci H Etta 00 '169i$ • . - • • • • • ' . 00• 96ZI$ " "• ' •'°' 'a 0 O'S681$ . {IPtuJ .1 1 3�j OO•S69 s "` ''papaoP 'so OO`S $ d t " 0 0E "pci $pa! 00'S69I$ ' dq 00E A o3 nA s E C 00• S69 I$ "• on BONSAI'S "•• i j n no ci O i ". .' . ienso D 0 S66I$ 'Ida 8, ted OO S69 a ∎ .... d# 00 '8682$ • • . . • . i .•• • Poe* b ? 00•S6I7Z$ ' . •• • • • PePl 00• S68I$ ' BE THE OF the 00 S6Ei .. pis "L4D 9 then ‘001661$ • p3S r full 00'S P°pOo nday Morning Edition Q ,. `• P e n p 00• '8988 ` " • '• • ' :eg day o f 8"A 'Pepao , :sPUGP!A!O A P xas 7q4 4SeM 01 NHOi AN APPROPRIATION ORDINANCE: ATTEST: (CITY SEAL) Signed: M. L REA ORDINANCE NO. 65.900 (Copy of Ord. Inserted) ORDINANCE NO. 65 -901 WHEREAS, the City Council of the City 6f Plainview finds it is necessary to appro- priate,certain specific funds out of Legislative funds for an approved project, and this ordinance deals with the daily operation of City Departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Legislative fund, to -wit: The sum $ 850.00 For the following purpose: Operational` Expense of City- County Airport. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. A N D ' I T I'S S 0 O R D E R E D . Passed by the Council on this 18th day of October ,1965. Signed: M. B. HOOD Mayor City Secretary Verified by: MARSHALL PHARR Approved by: MARSHALL PHARR Administrat.Ive Head of Department Department City Manager ORDINANCE NO. 65 -902 RESOLUTION AND ORDER FOR CITY BOND ELECTION A RESOLUTION AND ORDER by the City Council of the City of Plainview, Texas, ordering an election to be held in said City on the 23rd day of November, 1965, for the pur- pose of submitting to the qualified electors of the City of Plainview, who own taxable property therein and who have duly rendered the same for taxation, six propositions relating to the issuance of bonds; and enacting provisions incident and relating thereto. WHEREAS, 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 PLAINVIEWi, TEXAS: SECTION I: That an election be held on the 23rd day of November, 1965, which date is not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of this resolution and order, at which election the following propo- sitions shall be, submitted to the resident qualified electors of said City, who own taxable property therein and who have duly renddred the sane for taxation: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Plainview, Texas be authorized to issue ONE HUNDRED THOUSAND DOLLARS ($100,000) general obligation bonds of said Cityfor the purpose of making permanent public improvements; to- wit constructing improvements to the City Library; said bonds to 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 FIVE PER CENTUM (5%) per annum, payable annually or semi - annually; 2 • 122 and to provide for the payment of principal of and interest on said bonds by levyinga,tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as ttieybecone due?" AtOPOsitioN NUMBER 2 "SHALL the City Council of the City of Plainview, Texas, be authorized to issue ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) general obligation bonds of said City for the purpose of making permanent public improvements, to wit: acquiring or improving, either or both, land for park purposes; said bonds to mature serially over a period of years not to exceed TWENTY-FIVE (25) years from their date, and to bear in- terest at a rate not to exceed FIVE PER CENTUM (57.) per annum, payable annually or semi-annually; and to provide for the payment of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of Plainview, Texas, be authorized to ussue ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($ 175,000) general Obligation bonds of said City for the purpose of making permanent public improvements, to-wit: constructing and equipping a police station and courts building in and for said City and the acquisition of a site therefor; said bonds to 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 FIVE PER CENTUM (57.) 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?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of Plainview, Texas, be authorized to issue FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000) general obli- gation bonds of said City for the purpose of making permanent public improvements, to wit: constructing street improvements in and for said City, and drainage •incidental thereto; said bonds to 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 FIVE PER CENTUM (5%) 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?" PROPOSITION NUMBER 5 "SHALL the City Council of the City of Plainview, Texas, be authorized to issue the bonds of said City in the amount of ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000), maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than THIRTY (30) years from their date, bearing interest at a rate not to exceed FIVE PER CENTUM (5%) per annum, for the purpose of making permanent public improvements, to wit: constructing improvements and extensions to the City's Waterworks System, to be issued in accordance with and secured in the manner provided in Article 1111, et' seqq., V.A.T.C.S., each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation, and secured by a pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System?" PROPOSITION NUMBER 6 "SHALL the City Council of the City of Plainview, Texas, be authorized to loma issue the bonds of said City in the amount of SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000), maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than THIRTY (30) years from their date, bearing intereSt at a rate not to exceed FIVE PER CENTUM (5%) per annum, for the purpose of making permanent public improvements, to wit: constructing improvements and extensions to the City's Sewer System, to be issued in accordance with and secured in the manner provided in Article 1111, et seqq., V.A.T.C.S., each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation, and secured by a pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System?" SECTION 2: That the polling places and officers of said election shall be as follows: PRECINCT NUMBER AND POLLING PLACE PRESIDING JUDGE PRESIDING JUDGE 1 City Hall 2 Chamber of Commerce Bldg. 710 West 5th Street I th Alternate e regularly rlyg appointed Presiding ppo eiding - :Judge is unable to serve at the election, the Alt therefor shall serve as Presiding Judge. The Presiding Judge shall appoint at least two (2) Clerks (one of whom shall be the Alternate Pre- siding Judge) and not more than Two (2) additional Clerks, as he deems necessaty for the proper conduct of the election. AiSENTEE VOTING shall be conducted at the City Secretary's Office in the City Hall, in accordance with the provisions of Chapter 424, Acts of the 58th Legislature, Regylar Session, 1963. SECTION 3: That said election shall be held under the provisions of and in accordance � with the laws governing the issuance of municipal bonds in cities, as provided in the General Laws of the State of Texas, and only resident qualified electors, who own taxable property in the City, and who have duly rendered the same for taxation, shall be qualified to vote. SECTION 4: That the ballots for said election shall be prepared in sufficient number and in conformity with Chapter 6, V.A.T.C.S. Election Code, as amended, and that printed on such ballots shall appear the following: P. H. Bryan C. V. Durning PROPOSITION NUMBER 1 "FOR THE ISSUANCE OF LIBRARY BONDS" "AGAINST THE ISSUANCE OF LIBRARY BONDS" PROPOSITION NUMBER "FOR THE ISSUANCE OF PARK BONDS" "AGAINST THE ISSUANCE OF PARK BONDS" Ray Brown Mrs. Oliver Bier PROPOSITION NUMBER 3 "FOR THE ISSUANCE OF POLICE STATION AND COURTS BUILDING BONDS " "AGAINST THE ISSUANCE OF POLICE STATION AND COURTS BUILDING BONDS" PROPOSITION NUMBER 4 "FOR THE ISSUANCE OF STREET AND DRAINAGE BONDS" "AGAINST THE ISSUANCE OF STREET AND DRAINAGE BONDS" PROPOSITION NUMBER 5 "FOR THE ISSUANCE-OF WATERWORKS REVENUE BONDS" "AGAINST THE ISSUANCE OF WATERWORKS REVENUE BONDS" PROPOSITION NUMBER 6 " FOR THE ISSUANCE OF SEWER SYSTEM REVENUE BONDS" "AGAINST THE ISSUANCE OF SEWER SYSTEM REVENUE BONDS" AS TO EACH of the foregoing propositions, the voter shall mark out the FOR the propsoition or the statement AGAINST the proposition so that the statements re- maining shall indicate the way he wishes to vote. r - SECTION 5: That a copy of this resolution and order, signed by the Mayor of the 'City and attested by the City Secretary, at the top of which shall appear the words "NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS", shall serve as prpper notice of said election. 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 (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in the City of Plainview, Texas, published in the City of Plainview, the first of said publications to be made less than fourteen (14) full days prior to the date set for said election. PASSED AND APPROVE, this the 29th day of October, 1965. Signed: M. B. HOOD Mayor, City of Plainview, Texas ATTEST: Signed: M. L. REA APPROVED: City Secretary, City of Plainview, Texas By:--- JOE SHARP City Attorney, City of Plainview r _ 2 E 124 THE STATE OF TEXAS CITY OF PLAINVIEW COUNTY OF HALE ATTEST: TO ALL RESIDENT QUALIFIED ELECTORS OF THE CITY OF PLAINVIEW, TEXAS, WHO OWN TAXABLE PROPERTY IN SAID CITY AND_WHO HAVE DULY RENDERED THE SAME FOR TAXATION: TARE {NOTICE that an election will be held in the City of Plainview, Texas, on the 23rd day of November, 1965, in obedience to a resolution and order duly entered by the City Council on the 29th day of October, 1965, on the propositions set forth in the attached RESOLUTION AND ORDER FOR CITY BOND ELECTION, said resolution and order being made a part of this notice for all intents and purposes. IN WITNESS WHEREOF, we have hereunto signed our names officially and affixed the seal of the City of Plainview, this the 29th day of October, 1965, pursuant to authority given by law and the aforesaid resolution and order of the City Council of said - >City. Signed: M. L. REA City Secretary, City of Plainview, Texas `City Seal) NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS ORDINANCE NO. 65 -903 ORDINANCE APPROVING CHANGE ORDER NO. 2 TO CONTRACT WITH BRYAN & HOFFMAN Signed: M. B. HOOD Mayor, City of Plainview Texas THE STATE OF TEXAS COUNTY OF HALE I CITY OF PLAINVIEW f ra ON THIS the 8th day of November, 1965, the City Council of the City of Plainview, Texas, convened in SPECIAL session at the regular meeting place thereof in the City Hall, there being present and in attendance the following members: M. B. HOOD MAYOR MAURICE HANNA. ) MEDLIN CARPENTER ) ALDERMEN JANES W. DAVENPORT ) H. A. RAGLAND ) and with the following absent. Keltz Garrison , constituting a quorum; and among other proceedings had were the following: The Mayor introduced a proposed ordinance which was read in full. Alderman DAVENPORT , made a motion that any rule requir- ing ordinances to be read more than one time or at more than one meeting be suspended. The motion was seconded by Alderman CARPER and carried by the following vote: AYES: Aldermen Hanna, Carpenter, Davenport and Ragland NOES: None Alderman Davenport made a motion that the ordinance be passed finally. The l otion was seconded by Alderman CARPENTER and carried by the following vote: AYES: Aldermen Hanna, Carpenter, D and Ragland ,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, approving Change Order No. 2 to contract with Bryan & Hoffman, authoriging execution of same on behalf of the City; enacting provisions incident and relating to the subject; and declaring an emergency." WHEREAS, by contract dated July 19, 1965, BRYAN & HOFFMAN became obligated to make certain permanent improvements to the airport in Plainview, Texas, to wit: >' 99 I� IE CHANGE ORDER NO. 2 BRYAN & HOFFMAN July 12, 1965 Furnishing all materials, equipment, supervision, labor and incidentals for the recondition- ing and seal coating of runways, taxiways, aprons, entrance roads and parking areas, and the construction - of asphaltic and concrete aprons and parking areas`in accordance with approved plans and specifications. ORIGINAL CONTRACT PRICE: $29,263.50 NAME OF CONTRACTOR: DATE OF. CONTRACT: PURPOSE: ti Item Number and if Description APPROVED: BRYAN & HOFFMAN Contractor ATTEST: Original Estimated. Quantity City Secretary, City of Plainview, Te xas (City Sa1) 7 H Contract Unit Price 1. Runway Preparation 7,300 2. Repair & Patching 100 3. Asphalt, MC -1 2,640 .4. Asphalt, OA -175 36,630' 5. Aggregate, Type B, Grade 4 165 7:85 6.. Aggregate, Type B, Grade 6 330 7.85 7. Aggregate, Type' B, Grade 6, White 375 8. Caliche Base. 8,800 9. Concrete Pavement 1,30 10. Culvert Structure 0.05 20.00 0.19 0.18 7.85 0.65 5.58 REVISED CONTRACT PRICE $29,139.53 PAYMENT TO BE MADE AS FOLLOWS: Through issuance and delivery of warrants as authorized July:19, 1965 Cash APPROVED: Mayo PROVED: Revised Qunatities 7,169 50 2,980 36,200 172 13.7 Except as herein modified, said contract shall remain in full force and effect. William R. Hogge,.Engide€c City of Plainview, Texas All work has progressed under the aforementioned contract it has become evident that changes should be made in the quantity of work to be done,and materials. supplied. The following changes are accordingly made: Effect of Change -$ 6.55 - 1;000100 64.60 77.40 54.95 1,515.05 480 + 824.25 10,230 +: 929.50 1,393.5 + 521.73 1 + 80.00 -$ 123.97 .$29,000.00 $ '.139.53 �f 125 the furnishing of all materials, equipment, supervision, labor and incidentals for the reconditioning and seal coating of runways, taxiways, aprons, entrance roads, and park- ing areas, and the construction of asphaltic and concrete aprons and parking areas, as set out in the plans and specifications approved by this City Council; and WHEREAS, as work has progressed, it has been determined by the engineers of this City that certain changes should be made in the quantities of materials to be supplied under Said contract; therefore SECTION 1: That Change Order No. 2 hereof, which Change Order is attached to in all things approved. The Mayor of the directed to execute said Change Order for ATTEST: M. Li REA (City Seal) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: P ASSED AND ;''.PROVED this the 8th day of November, 1965. Signed: M. B. HOOD STREET INCLUSIVE BLOCKS PASSED AND APPROVED this 6th day of December ATTEST: M __L. RE z."a Z A ''. CrTy' br p1 Ihvtbw to the contract mentioned in the preamble and made a part of this ordinance, is hereby City of Plainview is hereby authorized and and on behalf of this City. SECTION 2: The public importance of this measure and the fact that it is to the best interest of the City to provide for the changes in the quantity of work to be done and materials to be supplied under the aforementioned contract at the earliest possoble date, constitute and create an emergency and an urgent public necessity, requiring that any rule providing for ordinances to be read at more than one meeting be sus- pended and requiring that this ordinance be passed and take effect as an emergency measure, and such rule and provision is accordingly suspenddd and this ordinance is passed as an emergency measure and shall take effect and be in force from and after its passage. YOR, city of Plainview, Texas City Secretary, City of Plainview, Texas APPROVED: By: Joe sharp City Attorney, City of Plainview, Texas ORDINANCE NO. 65 -904 AN ORDINANCE LIMITING THE PARKING TIME OF VEHICLES ON THE NORTH SIDE OF SIXTEENTH STREET BETWEEN QUINCY STREET AND SMYTHE STREET IN THE CITY OF PLAINVIEW, TEXAS: AMENDING SCHEDULE 1 OF SECTION 1 OF ORDINANCE NO. 65 -900 SO AS TO ADD TO SAID SCHEDULE THE NORTH SIDE OF THAT PORTION OF SAID SIXTEENTH STREET BETWEEN QUINCY STREET AND SMYTHE STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR SEVERABILITY. PENALTY FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Schedule 1 of Section 1 of Ordinance No. 65 -900 is hereby amended by adding thereto the following: EXTENT SIDE Sixteenth 1800 & 1900 Quincy Street to Smythe Street North SECTION 2: Any person who shall violate or fail to comply with any of the pro - Lvisions of this Ordinance amending said Ordinance No. 65 -900 in the particulars here - inabove specified shall be deemed guilty of a misdemeanor and upon confiction thereof shall be punished as provided in Section 14 of Ordinance No. 65 -900 of the City of Plainview, Texas, SECTION 3: If this Ordinance or any portion of same, or if that portion of this Ordinance which amends said Ordinance No. 65 -900 should for any reason be declared invalid, the same shall not affect any of the terms and provisions of said Ordinance No. 65 -900. M. B. HOOD MAYOR, City of Plainview , A.D. 19 65 . 126 ORDINANCE NO. 65-905 AN ORDINANCE DIRECTING THE INSTALLATION OF A CROSS-WALK ACROSS 20TH STREET AT AMARILLO STREET, WHERE AMARILLO STREET JOINS 20TH STREET ON THE SOUTH SIDE, THE SAME BEING ONE BLOCK WEST OF EDGEMERE SCHOOL ON 20TH STREET, IN THE CITY OF PLAINVIEW, FOR PEDESTRIANS; REQUIRING TRAFFIC ALONG SAID STREET TO STOP AT THE CROSS-WALK WHENEVER PEDESTRIANS ARE STANDING OR WALKING THEREIN; PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: There is hereby established for the safety of pedestrians, most of whom are school children, a cross-walk across 20th Street at4marillo Street, where'Amarillo Street joins 20th Street on the South side, the same being one block West of Edgemere Sehool on 20th Street. SECTION 2: The Director of Public Safety, Health and Welfare of the City of Plain- view is hereby directed to erect signs at said cross-walk putting the drivers=of vehicles or any other vehicles on notice to stop for pedestrians who are in said cross- SECTION 3: All drivers or persons driving motor vehicles or any other types of vehicles shall stop prior to crossing said cross-walk whenever there are pedestrians in the cross-walk and shall remain stopped until the cross-walk is clear of persons standing or walking in said cross-walk. SECTION 4: 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 unconstitutional, 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 not- withstanding the invalidity of any part. SECTION 5: 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). ATTEST: PASSED AND APPROVED, this 6th day of December , A. D., 1965. Signed: M. L. REA CITY CLERK, City of Plainview Signed: M. B. Hood MAYOR, City of Plainview ORDINANCE NO. 65-906 AN ORDINANCE LIMITING THE PARKING TIME OF VEHICLES ON THE WEST SIDE OF ASH STREET BE- TWEEN FIFTH AND SIX STREETS IN THE CITY OF PLAINVIEW, TEXAS; AMENDING SCHEDULE 1 OF ORDINANCE MP? 65-900 SO AS TO ADD TO SAID SCHEDULE A PORTION OF THE WEST SIDE OF ASH STREET BETWEEN FIFTH STREET AND SIXTH STREET; PROVIDING FOR A PANELTY FOR THE VIO- LATION OF THIS ORDINANCE; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Schedule 1 of Section 1 of Ordinance No. 65-900 is hereby amended by adding thereto the following: STREET INCLUSIVE BLOCKS EXTENT SIDE Ash 500 From a-point beginning 13 feet West south of the N.E. corner of Sixth Stret Street and Ash Street, and extending south 65 feet. SECTION 2: Any person who shall violate or fail to comply with any of the visions of this Ordinance amending said Ordinance No. 65-900 in the particulars here- inabove specified shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 14 of Ordinance No. 65-900 of the City of Plainview, Texas. SECTION 3: If this Ordinance or any portion of same, or if that portion of this Ordinance which amends said Ordinance No. 65-900 should for any reason be declared • ' • 12 Invalid, the same shall not affect any of the terms and provisions of said Ordinance No. 65-900. PASSED AND APPROVED this 20th day of December , A.D., 1965. ATTEST: (City Seal) M. L. Rea j,CITY CLERK, City of Plainview ORDINANCE NO, 65-907 AN ORDINANCE AMENDING ORDINANCE NO. 65-865 OF THE CITY OF PLAINVIEW BY PROVIDING ANOTHER SECTION TO BE ADDED THERETO TO BE KNOWN AS SECTION 21-A, PROVIDING THAT THE OWNERS OF DOGS OR CATS MAY BE MUD TO APPEAR IN COURT TO ANSWER CHARGES OF VIOLATION OF THIS ORDINANCE WHEN SUCH DOGS OR CATS OWNED BY SUCH PERSON ARE FOUND RUNNING AT LARGE; AND PROVIDING FOR SEVERANCE CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Ordinance No. 65-865 of the City of Plainview is hereby amended by adding thereto a new section to be known as Section 21-A, and the same is hereby made a part of said Ordinance No. 65-865 the same as though the provisions thereof had been made a part of said Ordinance when originally passed. SECTION 2: Section 21-A of Ordinance No. 65-865 of the City of Plainview shall read as follows: " SECTION 21-A: OWNER KNOWN; CITING TO APPEAR IN COURT. When dogs or cats are found running at large in the City of Plainview and their ownership is rn known to the agents or employees of the City of Plainview, such dogs or cats need not be impounded, but the said agents or employees of the City of Plainview 1 1 may, in their discrtion, cite the owner or owners of such dog dogs, cat or cats to appear in corporation court to answer charges of a violation of this Ordinance." SECTION 3: The provisions of this Ordinance are declared to be severable, and if any section, sentence, clause or phrase of this Ordinance, or of Ordinance No.65-865, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, or of Ordinance No. 65-865, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. PASSED AND APPROVED this 20th day of December , A.D., 196 5 . ATTEST: (City Seal) M. L. REA CITY CLERK, City of Plainview MAYOR, City of Plainview ORDINANCE NO. 65-908 M. B. Hood M. B. HOOD MAYOR, City of Plainview AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE OWERS OF THAT COMMITTEE; CREATING THE OFFICE OF MUNICIPAL DEFENSE COORDINATOR AND PROV DING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE; CREATING AN OPERATIONAL ORGA IZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROP RTY IN THE CITY OF PLAINVIEW; AUTHORIZING COOPERATIVE AND MUTUTAL AID AGREEMENTS FOR IELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; AND FOR RELATED PURPOSES; PROH BITING UNAUTHORIZED LIGHTS AND WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLA- TI0N A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200.00. BE I ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: 128 SECTION 1: There is hereby created the Municipal Civil Defense and Disaster Relief committee of the City of Plainview Which shall consist of the following: (a) The Mayor of the City of Plainview, who shall serve as Chairman of the Committee, and who shall also be known as Municipal Defense Coordinator of the City of Plainview. (b) The Assistant Defense Coordinator of the City of Plainview, who shall be charged with the preparation of a civil defense plan for the City of Plainview, together with such other duties as the Coordinator may prescribe. The Assistant Coordinator shall be appointed by and hold his position at the pleasure of the Municipal Defense Coor- dinator. The Assistant Coordinator shall serve as Vice - Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of Plainview. (c) The Directors of Divisions and Chiefs of Services of such Divisions as may be provided for by resolution by the City Council or by directive of`the Municipal Defense Coordinator. (d) Representatives not to exceed ten (10) In number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appoint- ed by the Mayor SECTION 2: The powers and duties of the Municipal Civil Defense and Disaster Relief Committee shall include the recommendation for adoption by the City Council of a civil defense plan for the City of Plainview, and the recommendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed esstential for the implementation of such civil defense plan. The duties of such Civil Defense and Disaster Relief Committee shall also include the making of a survey of the availability of existing personnel, equipment, supplies and services which oould be used during an emergency, as provided for herein, as well as a continuing study of the need for amendments and improvements in the civil defense plan adopted by the City Council. The Civil Defense and Disaster Relief Committee of the City of Plainview Shall meet upon the call of either the Chairman or Vice- Chairman. SECTION 3: The Mayor of the City of Plainview is hereby authorized to join with the County Judge of the County of Hale, and the Mayors of the other cities in said county in the formation of a Civil Defense and Disaster Relief Council for the County of Hale and shall have the authority to cooperate in the formation of a civil defense plant for the County of Hale, as well as all other powers necessary to participate in a county -wide progtam of civil defense and disaster relief insofar as said program may affect the City of Plainview. SECTION 4: The office of Municipal Defense Coordinator is hereby created. The Municipal Defense Coordinator shall have the authority to request the declaration of the existence of an emergency by the City Council or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the Coordinator may, if the City Council is not in session, do so, but such action shall be subject to confirmation by the City Council at its next meeting. The duties and responsibilities of the Municipal Defense Coordinator shall include the following: (i) The control and direction of the actual operation or training efforts of the Civil defense and disaster relief organization of the City of Plainview; (2) The determination of all questions of authority and responsibii'ity that may arise within the civil defense and disaster relief organization of the City of Plain- view; (3) The maintenance of necessary laison with other municipal, district, State, County, regional, federal, or other civil defense organizations; (4) The marshaling, after declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the City of Plainview to aid in the carrying out of the civil defense plan; (5) The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the civil defense plan; (6) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Plainview, such rules and regulations shall be filed in the office of the City Clerk and shall re- ceive widespread publicity unless publicity will be of aid and comfort to the enemy; (7) The supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of other local political sub- divisions of the State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the county -wide coordination of efforts in defense and disaster relief. (8) The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions; (9) The authorizing of agreements, after approval of the City Attorney, for the use of private property for air raid shelter and other purposes. ...._ SECTION 5: The Operational civil defense and disaster refief organization of the City of Plainview, shall consist of the officers and employees of the City of Plainview designated by the Municipal Defense Coordinator as well as all volunteer municipal defense workers. The functions and duties of this organintion shall be distributed a ong such divisions, services and special staff as the City Council shall prescribe I s b resolution or the Municipal Defense Coordinator shall provide by directive. Any ch resolution or directive shall set forth the form of organization, establish and d signate divisions and services, assign functions, duties and powers, and designate o ficers and employees to carry out the provisions of this Ordinance. Insofar as p sib 1, the form of organization, titles, and terminology shall conform to the reco ndations of the State Defense and Disaster Relief Council of the State of Texas a of the Federal Government. SECTION 6: E person serving as a member of the Municipal Civil Defense and Di este Relief Committee, or as an officer, employee or volunteer in any capacity in th Muntcipai Civil Defense and Disaster Relief Organization created by resolution or direCtive pursuant to the authority herein conferred, shall prior to assuming th ir duty or duties, take an oath which shall be substantially as follows: " 1, , do solemnly swear (or affirm) that I will support and ded Constitution of the United States and the Constitution of the State of texas, against all enemies, foreign and domestic; that I will bear ture faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faith- fully discharge the duties upon which I am about to enter. And I do further swear (or that I do not advocate, nor am I a member or an affiliate of any political party or organization, group or combination of persons that advocates the overthrow of the Government of the United States or of this State by force Pr tioPp4ca; s Od - that , Ouring - gich , ..tima as 1 am kmombar af Defe- mse and Disaster Relief Committee of the City of Plainview I will not advocate nor of men become a member or an affiliate of any organization, group or combination rsons or of any political party that advocates the overthrovlof the Govern- of the United States or of this State by force or violence." 9 SECTION 7: Any light displayed contrary to any order, rule or regulation pro mu gated pursuant to the provisions of this Ordinance constitutes a public nuisance an when deemed necessary or in order to protect life or property during blackouts --) or air raids, the police are authorized and directed to enter upon any premises within th Cit of Plainview, using reasonable force, and extinguish lights or take other ne essary action to make effective any order, rule or regulation promulgated under th authority conferred by this Ordinance. SECTION 8: Any unauthorized person who shall operate a siren or other device so •s to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this Ordinance and shall be subject to he penalties imposed by this Ordinance. SECTION 9: At all times when the orders, rules and regulations made and pro- mul ated pursuant to this Ordinance shall be in effect, they shall supersede all exiting Ordinance, orders, rules and regulations insofar as the latter may be inc nsistent therewith. SECTION 10: This Ordinance shall not be construed so as to conflict with any Mil tary or Naval order, rule or regulation. SECTION 11: This Ordinance is an exercise by the City of its governmental fun tion for the protection of the public peace, health and safety and neither the City of Plainview, the agents and representatives of said City, or any individual, , rec iver, firm, partnership, corporation, associaton, or trustee, or any of the agents the eof, in good faith carrying out, complying with or attempting to comply with, any ord r, rile or regulation promulgated pursuant to the provisions of this Ordinance sha 1 be liable for any damage sustained to pe4sons or property as the result of said act vity. Any person owning or controlling real estate or other premises who volun- tar ly a d without compensation grants to the City of Plainview a license or privi- L _ leg or otherwise permits the City to inspect, designate and use the whole or any par or arts of such real estate or premises for the purpose of sheltering persons dur ng a actual, impending or practice enemy attack shall, together with his success- ors in i terest, if any, not be civilly liable for the death of, or injury to, any per on on or about such real estate or premises under such license, privilege or other per ission or for loss of, or damage to, the property of such person. SECTION 12: No person shall have the right to expend any public funds of the Cit in carrying out any civil defense activity authorized by this Ordinance without pri r approval by the City Council, nor shall any person have any right to bind the Cit by Contract, agreement or otherwise without prior and specific approval of the City Council. 1_30 SECTION 13: It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the civil defense organization in the enforcement of any rule or regulation issued pursuant to this Ordinance, or to do any act for bidden by any rule or regulation inssued pursuant to the authority any emblem, insignia or any other means of indentification as a member of the civil defense organization of the City of Plain- view, unless authority so to do has been granted to such person by the proper officials. Convictions for violations of the provisions of this Ordinance shall be punishable by a fine of not less than One Dollar ($1.00) and not more than Two Hundred Dollars ($200.00). SECTION 14: Ifany portion of this Ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. SECTION 15: The immediate passage of this Ordinance is deemed essentialito the public health, safety and welfare and it shall take immediate effect. PASSED AND APPROVED this 20th day of December , A.D. 196 _ 5 ATTEST: (Seal) Signed: M. L. REA CITY CLERK, City of Plainview AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of The General funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which cfeates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General fund, to-wit: The sum $1,490.35. For the following purpose: Balance needed in 1963 Park Bond Fund, for completion of Swimming Pool Contract, and miscellaneous equipment and supplies. WHERAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED. Passed by the Council on this 20th day of December , 196 5 . ATTEST ( CITY SEAL) ORDINANCE NO. 65-909 Signed: M. L. REA City Secretary Approved by:- Head of Department Signed: M. B. HOOD Signed: 14. B. HOOD MAYOR MAYOR Verified by: MARSHALL PHARR City Manager Department Signed: M. L. Rea CITY CLERK, City of Plainview ORDINANCE NO. 66-910 AN ORDINANCE PROVIDING FOR THE COLLECTION OF TWO CENTS PER GALLON ON ALL GASOLINE SOLD AT RETAIL OR DELIVERED FOR USE IN AIRPLANES OR OTHER MOTORS ON OR FROM THE HALE COUNTY AIRPORT. 'fJ1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Henceforth there shall be paid two cents on each gallon of gaso- line sold or used for the purpose of propelling airplanes that are fueled or re- fueled in any way at the Hale County Airport. It is the intention of this ordin- ance to collect the sume of two cents per gallon for the use of the City of Plainview and the County of Hale on every gallon of gasoline that i.s used, sold or consumed in any way by airplanes fueling or refueling at the Hale County Air- port. SECTION 2: For the purpose of enforcing this ordinance, each handler of gasoline or other fuel used for the purpose of powering airplanes shall be licensed by agreement to store and sell gasoline and to fuel and refuel their own airplanes at the Hale County Airport. SECTION 3: Each person or corporation or association so licensed shall agree by contract with the City of Plainview and the County of Hale to be responsiblb for the collection of the said two cents per gallon on each gallon of gasoline sold or used by airplanes fueling or refueling at or from the Hale County Airport. PASSED A January ND APPROVED this 3rd day of , A.D., 1966. Signed: M. B. Hood MAYOR, City of Plainview ATTEST: (Seal) ORDINANCE NO. 66,211 AN APPROPRIATION ORDINANCE WHREEAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General funds for an approved pro- ject, and this ordinancedeals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General fund, to-wit: The sum $ 375.00 For the following purpose: To provide funds to complete the 1965 Airport Operation and Maintenance Fund. And authorize check payable to Hale County for the above purpose. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED. Passed by the Council on this 3rd day of January , 1966. Signed: M. B. HOOD MAYOR ATTEST: (Seal) Signed: M. L. REA Verified by: MARSHALL PHARR rft—T7s7cireraT7.- City Manager 132 The sum $ 20,000.00 ATTST: (Seal) Signed: M. L. REA City Secretary Remodeling Bond fund, to-wit: The sum $ 9,000.00 ORDINANCE NO. 66-912 AN APPROPRIATION ORDINANCE (From Police Station Remodeling Bond) WHEREAS, the City Coumcil of the City of Plainview finds it is necessary to appro- priate certain specific funds out of the above bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINV1W: There P is hereby appropriated out of the following described Police Station Remodeling Bond fund, to-wit: For the following purpose: To purchase the W/2 of Lots 17 & 18, Block 1, Slaton Addition, to the City of Plainview, Hale County Texas for a Corporation Court - Police Station Bijilding site to be purchasef from Mrs. J. M. Johnson. Two thousand dollars ($2,000.00) is to be placed in Escrow at the Hale County State Bank, Check #178. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at. two (2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED. Passed by the Council on this 3rd day of January , 1966. Signed: M. B. HOOD Mayor Verified by: MARSHALL PHARR City Manager ORDINANCE NO. 66-913 AN APPROPRIATION ORDINANCE (From Police Station R Bond) WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of the above abond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Police Station For the following purpose: To purchase all of Lot 19, Block 1, Slaton Addition, to the City of Plain- view, Hale County, Texas for a Corporation Court - Police Station Building site, to be purchased from Forrest Gallaway. Nine Hundred Dollars ($900.00) is to be placed in Escrow at the Hale County State Bank, Check #177. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED. Passed by the Council on £his 3rd day of January , 1966. ORDINANCE NO. 66 -913A ORDINANCE APPROVING CHANGE ORDER NO. 3 TO CONTRACT WITH BRYAN & HOFFMAN ' "AN ORDINANCE by the City Council of the City of Plainview, Texas, approving Change Order No. 3 to contract with Bryan & Hoffman; authorizing execution of same on behalf of the City; enacting provisions incident and relating to the subject; and declaring an emergency." WHEREAS, by contract dated July 19, 1965, BRYAN & HOFFMAN became obligated to make certain permanent improvements to the airport in Plainview, Texas, to -wit: the fitrnishing of 41 materials, equipment, supervision, labor, and incidentals for the reconditioning and seal coating of runways, taxiways, aprons', entrance'roads, and park- ing areas, and the construction of asphaltic and concrete aprons and P parking areas, as set out in the plans and specifications approved by thei City Council; and, WHEREAS, as work has progressed, it has been determined by the engineers of this City that certain changes should be made in the quantities of materials to be supplied under said contract; therefore, BE :IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That Change Order No. 3 to the contract mentioned in the preamble hereof, which Change Order is attached to and made a part of this ordinance, is hereby in all things approved. The Mayor of the City of Plainview is hereby authorized and directed to executed said Change Order for and on behalf of this City. SECTION 2: The public importance of this measure and the fact that it is to the best interest of the City to provide for the changes in the quantity of work to be done and materials to be supplied under the aforementioned contract at the earliest possible date, 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 be passed and take effect as an emergency measure, and such rule and provision is accordingly suspended and this ordinance is passed as an emergency measure and shall take effect and be in force from and after its passage. ATTEST: Signed: PASSED AND APPROVED this the 24th day of January , 19 66 M. L. REA City Secretary, City of Plainview, Texas (City Seal) APPROVED: JOE SHARP City Attorney, City of Plainview, Texas Signed: M. B. HOOD Mayor, City of Plainview, Texas [ |J � t li i1, Mayor, City of Plainvie CHANGE ORDER NO. 3 BRYAN & HOFFMAN July 19, 1965 Furnishing all materials, equipment, supervision, labor and incidentals for the recondition- ing and seal coating of runways, taxiways, aprons, entrance roads and parking areas, and the construction of asphaltic and concrete aprons and parking areas in accordance with approved plans and specifications. ORIGINAL CONTRACT PRICE: $29,263.50 As work has progressed under the aforementioned contract it has become evident that changes should be made in the quantity of work to be done and materials supplied. The following changes are accordingly made: NAME OF CONTRACTOR:. DATh OF CONTRACT: PURPOSE: Item Number Original. and Estimated Description Quantity 1. Runway Preparation 7,300 2. Repair .& Patching 100 3. Asphalt, MC -1 2,640 4. Asphalt, OA -175 36,630 5. Aggregate, Type B, Grade 4 165 b Aggregate, Type B, Grade 6 330 7. Aggregate, Type B, Grade 6,. White 375 8. Caliche Base 8,800 9. Concrete Pavement 1,300 Contract Unit. Price 0.05 20.00 0.19 0.18 7.85 REVISED CONTRACT PRICE: $29,797.18 PAYMENT TO BE MADE AS FOLLOWS: 7.85 147.2 7.85 0.65 5.58 Through issuance and delivery of warrants as authorized July 19, 1965 Effect Revised of Quantities Change 7,169 - $ 6.55 46.11 - 1,077.80 3,357 + 136.23 37,010 • + 68.40 181.5 + 129.53 480 10,912.1 1,393.5 1,434.98 824.25 1,372.87 521.73 $ 533.68 $29,000.00 Cash $ 797.18 Except as herein modified, said contract shall remain in full force and effect. APPROVED: APPROVED: BRYAN & HOFFMAN, Contractor ATTEST: (Seal) Signed: M. L. REA City Secretary ATTEST: (Seal) I r M. L. REA CITY CLERK, City of Plainview Signed: M. B. HOOD 9RDINANCE NO. 66 Mayor Verified by: Marshall Pharr City Manager AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON A PORTION OF TWENTY-FOURTH STREET IN THE CITY OF PLAINVIEW: AMENDING ORDINANCE NO. 64-843; AND PROVIDING A PENALTY. WHEREAS, Ordinance No. 64-843 of the City of Plainview prescribe t the speed limit between Kokomo and Independence Streets on Twenty-Fourth Street at twenty (20) miles per hour between the hours of 8:00 A.M. and 4:00 P.M. on Mondays, Tuesdays, Wednesdays, and F of each week, and forty (40) miles per hour at any other time; and WHEREAS, said provision of said Ordinance was for the purpose of establishing a school zone; and WHEREAS, the need and necessity for said school zone no longer exists; NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION ONE: That Section 1 of Ordinance No. 64-843 of the City of Plainview enacted on the 16th day of NOvember, 1964, be and the same is hereby amended to read as follows: SECTION 1: That the speed limit on Twenty-Fourth Street in the City of Plainview at the locations hereinafter designated, shall be as follows: On Twenty-Founth Street between State Highway No. 194 and Columbia Street, forty (40) miles per hour. That it shall be unlawful for any person operating a motor vehicle which is self-porpelled to operate said motor vehicle at a speed greater than that which is hereinabove designated as the speed limit on the above designated portion of Twenty-Fourth Street in the City of Plainview." SECTION TWO: 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 con- viction thereof shall be punished by a fine of not less than $1.00 and not more than $200.00. PASSED AND APPROVED this 7th day of February, A.D., 1966. M. B. Hood MAYOR, City of Plainview 13') 134 AN ORDINANCE CALLING AND SETTING THE REGULAR PLAINVIEW TO BE HELD ON THE FIRST TUESDAY IN DAY OF SAID MONTH, FOR THE ELECTION OF THREE PLACE WHERE SAID ELECTION IS TO BE HELD: AND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: 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 1966, the same being the 5th 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 Plainview, 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 City Hall, which is located at 901 Broadway, and the entire City shall constitute two (2) election precincts. Precinct 1, consisting of all that part of the City lying North of Tenth Street, voting at the new City Hall; and Precinct 2, consisting of all that part of the City lying South of Tenth Street, voting at the Chamber of Commerce Building. SECTION 3: Said election shall be conducted by the following who are hereby appointed and designated as officials of said election, to-wit: Precinct L: Presiding Judge Alternate Presiding Judge Clerk Clerk Precinct 2: Presiding Judge Alternate Presiding Judge Clerk Clerk ATTEST: (Seal) Signed: M. L. REA M. L. REA, City Clerk ORDINANCE NO. 66-915 MUNICIPAL ELECTION FOR THE CITY OF APRIL OF 1966, THE SANE BEING THE FIFTH ALDERMEN AND A.MAYOR; DESIGNATING THE APPOINTING PRESIDING OFFICIALS THEREOF. P. E. Shick W . CDu3r -- Mrs. L. D. Brown Mrs. Ruth Tilson J. O. Bier E. F. Miles Mrs. Grafton Mclnnish Mrs. Thelma Bristol 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 the Presiding Judge in the event of the absence of that official hereby appoint- ed Presiding Judge for the election as hereinabove designated. It is further provided that the maximum number of Clerks which may be appoint- ed to serve in said election shall not be in excess of seven (7) persons and that the Presiding Judge for said election shall appoint Clerks to take the place of those above named who may not be able to sefve, and may appoint as many as five (5) 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: A Mayor and Three (3) Aldermen. All terms of office shall be for two (2) years. SECTION 5: Said election shall be held under 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 publication of a copy of this Ordinance, and at the top of which shall appear the words "Notice of Regular Municipal Election 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 places in said City of Plainview, one of which shall be at the polling places; or by publication in some newspaper of general circulation in said City of Plainview. PASSED AND APPROVED on this the 7th day of February, A.D., 1966. Signed: M. B. HOOD M. B. HOOD, Mayor Notice is hereby given of an election to be held in and for the City of Plainvew on the first Tuesday in April of 1966, the same being the 5th day of April, 1966, 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 otter pertinent information in regard therto is as follows: A Mayor and Three (3) Aldermen. All terms of office shall be for two (2) years. Came to hand this the day of , 1966 and in com- pliance with the Ordinance, I did on the day of , 1966, post the notice attached hereto at each of the following places: (1) One notice posted at the City Hall in Plainview, Texas; (2) One notice posted at the Chamber of Commer@e Building, which is located at 710 West Fifth Street in Plainview, Texas; (3) One notice posted at the Courthouse in Plainview, Texas. I also served a copy of this notice on each P. E. Shick W. C. Boyd J. O. Bier E. F. Miles NOTICE OF REGULAR MUNICIPAL ELECTION FOR THE PURPOSE OF ELECTING OFFICERS OF THE CITY OF PLAINVIEW Presiding Judge, Precinct 2 Alternate presiding Judge who are the persons designated as officials of the election, been furnsihed to each of them on the day of notice constitutes the writ pertaining to the holding of the EXECUTED this the day of Signed: M. L. REA AN APPROPRIATION ORDINANCE ORDINANCE NO. 66-916 WHEREAS 4 the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General fund, to-wit: The sum $ 402.76 For the following purpose: Final payment of the contract for swimming pools in the City of Plainview. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. and it is so ordered. Passed by the Council on this 21st day of February , 196 6 M. B. HOOD of the following named persons: Presiding Judge, Precinct 1 Alternate Presiding Judge Mayor the said copy having , 1966, which election. , A.D., 1966 M. L. REA, City Clerk, City of Plainview 135 ATTEST: M. L. REA City Secretary ORDINANCE NO. 66.917 CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1966 in the amount of $2,000,000 (Ordinance inserted) ORDINANCE NO. 66 -918 ORDINANCE PRESCRIBING RATES FOR CITY'S WATERWORKS AND SANITARY SEWER SYSTEMS AN ORDINANCE by the City Council of the City of Plainview, Texas, fixing the water and sewer rates for the City of Plainview, Texas; ordaining other matters re -' lative to rendering water and sewer service; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That the monthly rates or charges Waterworks System shall be as follows: All Categories of Connection First 3,000 Gallons Next 7,000 Gallons Next 10,000 Gallons Over 20,000 Gallons SECTION 2: That the monthly rates or Sanitary Sewer System shall be as follows: Residential Single Family Dwellings Duplexes, Apartment Houses and Rooming Houses First Unit Each Additional Unitl Verified by: MARSHALL PHARR City Manager for service furnished by the $3.00 (Minimum) .40 per 1,000 gals. .35 per 1,000 Gals. .30 per 1,000 Gals. charges for service furnished by the $2.00 (Minimum) $2.00 (Minimum) 1.00 Gemmercial First 3,000 gallons of water consumed $2.00 (Minimum) Over 3,000 gallons of water consumed .10 per 1,000 gallons SECTION 3: That the rates and charges hereby fixed and prescribed shall become due upon receipt of statement of charges and shall become delinquent ten (10) days after receipt. Such charges shall be paid simultaneously by the users of the Waterworks and Sanitary S wer Systems and payment for a part of such service shall be refused unless the entire amount due from the respective user or customer for all services supplied by the combined Waterworks and Sanitary Sewer System is paid. SECTION 4: That the tapping fee for connection with the Waterworks System shall be $ 55.00 SECTION 5: That the tapping fee for connection with the Sanitary Sewer System shall be $ 55.00 SECTION 6: In the event, any user or customer of the Waterworks and Sanitary Sewer System does not pay mutured rates and charges within thirty (30) days from the date of billing, the City Secretary shall cause a notice of cut -off to be mailed, and service to the Waterworks System shall be disconnected the following day. When- ever the amount past due and delinquent is paid by such user or customer, such service may be resumed, but there shall be charged and collected a reconnection charge of $2.00. SECTION 7: That no free service shall be allowed, and to the, extent that the City of Plainview or any of its departments avail themselves of the services and ORDINANCE NO. 66-917 ' ORDI by the City Council of the City of 21aihview, Texas, authorizing the issuance of $2,000,000 "CITY OF PLAINVIEW, TEXAS, WATERWORKS 4,2,D SEWER SYSTEM REVENlE BONDS, SERIES 1966", aated 1 15, 1966, for the Purpose of making pet tublic improvements, to wit: construct- iuprovemehts and extensions to the City's r,:ate=orks and Sever System, as authorized by the OYneral Laws of the State of Texas, particularly ticle 1111, et seqq, V.A.T.C.S.; prescribing the form of the bonds and the form of the interest cou pledg the net revenues of the City's combined - aterworks and Sanitary Sewer System to the payment of the principal of and interest an sfd bonds; enacting provisions incident and reiatina to the sub::ect and purpose of this ordi- nance; •and declaring an emergency. WHEIEAS, - Pursuant to authority conferred and proceedings duly had in the manner prescribed by law, the City of Plainview, 7exas, has heretofore authorized issued and sold three series of ecial obligation bonds of the City payable from and ratably eaured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System, said bonds oeing, hereinafter defined in Section 9 as the "previously issued bonds; and WHEREAS, in the ordinances authorizing the aforesaid three series of previously issued bonds the City reserved the right to issue additional bonds on a parity therewith, payable from and ratably secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer 'System, but only pursuant to and subject to the restrictions, covenants and limitations contained in the ordinances authorizing said bonds; and 7 the City Council finds and determines: (a) that the City is rot in default as to any covenant, condition or obli- af contained in the ordinances authorizing the issuance of the previously issued bonds, and that the City has made all required payments into each of the Funds created by said ordinances for the benefit of said bonds; and (b) that the City has secured from a Certified Public Accountant his written report deronstrating that the net .earnings of the System for, the preceding fiscal year were equal to. at least one and one-half times the average annual require- ments for the payment of principal, and interest on the outstanding previously issued bonds and on the proposed additional bonds herein authorized; and 7-7REAS,at an election held in the City of Plainview, Texas, en the 23rd day of•November, 1965, more than a majority of the duIy cualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for taxatiort at said election, voted in favor of the issuance of. $1,350,000 revenue•bonds for the purpose of constructing improve- ments and extensions to the City's Waterworks System. and $650,000 revenue bonds for the purpose of constructing improvements and extensions to the City's Sewer System, such bonds to mature seri- ally over a period of years not to exceed 30 years. from their date L. and to bear interest a rate not to exceed 5% per annum and to be secured by a pledge of the net revenues from the operation of the Citys combined Waterworks and Sanitary Sewer System; and • UHEREAS the City Council now considers it necessary and advisable to proceed with the issuPnce of all the bonds authorized . as atorsaid, It b that the-City Council, act- ing for and on behalf of the City. of Plainview, is in all respects duly and lawfully empowered in tnat regard;-therefore, BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF SECTION Authorizcion - Principal Amount - Designation That in older to borrocg the sum of TWO MILLION DOLLARS ($2-,000,000) for the purpose of making permanent public improvements, to wit: con,tructing improvements and extensions to the City's Waterworks and Sewer System, the City Council of the City of Plainview, by virtue of the autncrity expressly conferred by the resident quali- fied property taxpaying electors, who owned taxable Property in said City and who had duly rendered the same for taxation, voting at the afor election, and pursuant to the General Laws of the State of Texas, particularly Article 1111, et seqq., V.A.T.C.S., Las determined that there shall be Issued and there is hereby ordered to be issued a series of coupon bonds to be designated CITY 01 PTZ-TNV TEXAS, W'-=:.2'.RWO=S AND SEWER SYSTEM REVENUE BOICE S7 1966, aggregating the sum of TWO MILLION DOLLARS 2610,000:,, dated and maturing as set out below, which said series of bonds, together with the outstanding and unpaid previously issued boncs (as herein defined) shall be payable as to both principal and interest solely from and secured by a first lien on and pledge of the net revenues from the operation of the City's combined Water works and Sanitary Sewer System, REs'y'ON 2: Date NtaYoers Yaturit - Option. Said bonds shAll be dated March 15, 1966; shall be numbered consecutively fro One (1) through Dour Hundred (403); shall be in denomination of Five Thousand Dollars ($5,000) each; and shall become due and - s,'ayab_e serially on July 15 in each of the years in accordance with the folim.ing schedule: ECND NUMBERS 1 to 4 5 to 8 9 to 11 L. 12 to 14 15 to 20 9 1 to 27 28 to 34 35 to 41 42 to 49 50 to 57 58 to 65 66 to 74 75 to 83 84 to 92 :/lATOT-c_Trry 1967 1 968 1969 1973 197 1972 1973 1 974 1 975 1976 1977 1978 1 979 1980 AMOUNT $ 20,000 20,000 15,000 15,000 30,000 35,000 35,000 35,000 40,000 40,000 40,000 45,000 45,000 45,000 BOND NUNBERS Wil Inclusive MATURITY AMOUNT 93 to 102 1981 $ 50,000 103 .to 113 1982 55,000 11 4 to 123 1983 50,000 124 to 1=14 1984 55,000 135 to 145 1985 55,000 146 to 157 1986 60,000 .158 to 169 1987 60,000 170 to 194 1988 125,000 195 to 220 1989 130,000 221 to 247 1990 135,000 248 to 275 1991 140,000 276 to 304 1992 145,000 305 to 335 1993 155,000 336 to 367 1994 160,000 .368 to 400 1995 165,000 PROVIDED, HOWEVER, the City reserves the right to redeem bonds maturing in each of the years 1936 through 1995 of said series, in whole or any part thereof, on July 15, 1985, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption; and PROVIDED, FURTHER, that at least thirty (30) days prior to any interest payment date upon uhich any of said bonds are to be redeemed, a notice of redemption signed by the City Secretary (specifying the serial numbers and aTiount of bonds to be redeemed) shall have been filed with the HALT COUNTY STATE BANK, Plainview, Texas, and Republic National Bank of Dallas, Dallas, Texas , (the paying agents named in each of said bonds) and should any bond or bonds not be presented for redemption pursuant to such notice, the same shall ceeJe to bear interest from and after the date so fixed for redemption. SECTION 'interest. That said bonds shall bear interest from date to maturity at the following rates per annum: 1- LiAr JJ (a) 'Bonds mat urine in through 1 9_ ,p/ at each of the years 1967 (b) Bonds maturing in each of the year 19A?a, a ; (c) Bonds maturing in through 19 14 at 3,jpo (d) Bonds maturing in each through 19 at 9 ; -L) nds maturing in each at 5A %; and Bonds maturing in each of through 19 0 %; each of the years 19 P3 %. of the years 19Yr of the years 19 /0 the years 19 ■•■■•■••■ such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on January 15, 1967, and semi-annually thereafter on July 15 and January 15 in each year. SECTI 4: P laces olljLyment. Both principal of and interest on this issue of bonds shall be payable in lawful money of he United States of America, without exchange or collection charges to the owner or holder, at the HALE COUNTY STATE BANK, Plainview, Texas, or, at the option of the holder, at Republic National Bank of Dallas, Dallas, Texas upon presenta- tion end surrender of bonds or proper coupons. SECTION 5: Execution of Bonds and Co s. That the al of said City may be impressed on each of said bonds or, in the alternative, a facsimile of such seal may be printed on the said bonds. The bonds and 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 f__Z such bonds and coupons had been signed by the Mayor and City Secretary in person by their manual signa- tures. Inasmuch as such bonds are required to be registered by the Comptroller of Public Accounts for 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 connection with his registration certificate to appear thereon, as hereinafter provided; all in accordance with the provisions of Article 717j-I, V.A.T.C.S. SECTION 6: Form of Bonds. That the form of said bonds shall be substantially as follows: NO. _______ UNITED STATES OF AMERICA STATE 02 TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BOND, SERIES 1966 FOR VALUE RECEIVED, the City of Plainview, a municipal corporation of the State of Texas, hereby acknowledges itself indebted to and promises to pay to bearer, as hereinafter stated, on the FIFTEENTH DAY OF JULY, 19 , the sum of $5,000 FIVE THOUSAND DOLLARS 5,000 in lawful money of the United States of America, with interest thereon from the date hereof to maturity at the rate of PER CENTUH ( 7 per annum, payable on Janu- ry 15, 1967, and semi-annually thereafter on July 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 hereto attached as they severally become due. BOTH PRINCIPAL of and interest on this bond are hereby made payable at the HALE COUNTY STATE BANK, Plainview, Texas, or, at the option of the holder, at Republic National Bank of Dallas Dallas, Texas , without exchange or collection c to the owner or holder, and the City of Plainview, Texas, is hereby held and firmly bound to apply the pledged appropriated reveres of its combined Waterworks and Sanitary Sewer System to the prompt payment of principal of and interest on 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, right of prior redemp- tion and maturity, aggregating in amount TWO MILLION DOLLARS ($2,000,000), numbered consecutively from One (1) through Four Hundred (400), in denomination of Five Thousand Dollars ($5,000) each, issued for the purpose of making permanent public improve- ments, to wit: constructing improvements and extensions to the City's Waterworks and Sewer System, in accordance with the Consti- tution and laws of the State of Texas, particularly Article 1111, et seqq., V.A.T.C.S., and by authority of a vote of the resident ouaiified property taxpaying 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 23rd day of November, 1965, and pursuant to an ordinance passed 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, the City reserves the right to redeem bonds maturing in each of the years 1986 through 1995 of this series, in whole or any part thereof, on July 15, 1935, or on any interest payment date there- after, at the price of par and accrued interest to the date fixed for redemption; PROVIDED, HOWEVER, 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 Secre- tary (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the HALE COUNTY STATE BANK, Plainview, Texas, and Republic National Bank of Dallas Dallas, Texas ; and should 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. THE DATE of this bond, in conformity with the ordinance above mentioned, is March 15, 1966. THIS BOND and the series of which it is a part constitute 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 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. 1HE CITY, however, expressly reserves the right to issue further and additional bond obligations in all things on a parity with the outstanding previously issued bonds and the bonds of this series, payable solely from and equally secured by a first lien on COUNTERSIGNED: and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System; PROVIDED, HOWEVER, that any and all such further bonds may be so issued only in accordance with and subject to the covenants, conditions, limitations and restrictions 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 Plainview, its officers and the paying agents shall not be affected by any notice to the contrary. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part, is duly author- ized 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, foul' and manner as required by the Constitution and laws of the State of Texas and the ordinance hereinabove mentioned; that this series of revenue bonds does not exceed any constitutional or statutory limi- tation; 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 by irrevocably pledging the net revenues of the combined Waterworks and Sanitary Sewer System of the City of Plainview, Texas. IN TESTIMONY WHEREOF, the City Council of the City of Plainview, Texas, in accordance with the provisions of Article V.A.T.C.S., 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 March, 1966. ity Secretary, City of Plainview, Texas Mayor, City of Plainview, Texas SECTION 7: Coupon Form, That the form of said interest coupons shall be 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 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 payment out of any funds raised or to be raised by taxation) and in lawful money of the United States of America, without exchange or collec- tion charges to the owner or holder, at the HALE COUNTY STATE BANK, Plainview, Texas, or, at the option of the holder, at ty Secretary DOLLARS the sum of c8 ), said sum being months' interest due that day on "CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEW4it. SYSTEM REVENU E BOND, SERIES 1966, dated March 15, 1966. Bond No. Mayor . SECTION 8: Form of Comptroller's Certificate. Substan- tially the following shall be printed on the back of each bond: OFFICE OF COMPTROLLER X X 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 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 con- formity 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. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: The expression in parenthesis to be included only in coupons maturing January 15, 1986 and subsequent, pertain- ing to optional bonds maturing on July 15 in each of the years 1986 through 1995. n. SECTION 9: Definitions. For all purposes of this ordi- nance 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 expense 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 be necessary to meet some physical accident or condition which would otherwise impair the bonds, the previously issued bonds, and the additional bonds shall be deducted in determining "net revenues". (c) The term "bonds" shall mean the $2,000,000 revenue bonds authorized by this ordinance. (d) The term "preViously issued bonds" shall mean: "CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1961", dated July 15, 1961, in the original principal amount of $295,000, authorized by ordinance passed and adopted on July 3, 1961; (2) "CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SEaIES 1963", dated January 15, 1963, in the original principal amount of $750,000, authorized by ordinance passed and adopted January 21, 1963; and "CITY OF PLAINVIEW, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1965", dated September 15, 1965, in the original principal amount of $70,000, authorized by ordinance passed and adopted on September 20, 1965. (e) The term "additional bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue under Section 15 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. (1 ( SECTION 10: Pledge, The City covenants, reaffirms and agrees that all of the net revenues of the combined Waterworks and Sanitary Sewer System, with the exception of those in excess of the amounts required to establish and maintain the Funds as here- inafter 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 specified in this ordinance, and the interest thereon, and it is hereby ordained that the bonds, the previously issued bonds and the addi- tional bonds, if so issued, and the interest thereon shall consti- tute a first lien upon said net revenues. SECTION 11: Funds. All revenues derived from the oper- ation of the System shall be kept separate from other funds of the City. To that end the following special Funds which have been created heretofore are hereby reaffirmed: (a) City of Plainview Waterworks and Sewer System Fund, hereinafter called "System Fund". This Fund shall be kept in the City's Depository Bank. (b) City of Plainview Waterworks and Sewer System Revenue Bond Interest and Sinking 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 Bond Reserve Fund, hereinafter called "Reserve Fund". This Fund shall be deposited with the HALE COUNTY STATE BANK, Plainview, Texas, Trustee, SECTION 12: aLtem 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 reason- able 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 rake 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 judgment 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 exten- sions 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 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 heretofore created and herein reaffirmed, each of which shall have priority thereto in the order in which they are treated in the fol- lowing Sections. SECTION 13: Interest and Sinking Fund. In addition to all other amounts required by the ordinances authorizing the issu- ance • of the previously issued bonds, beginning on the 10th day of April, 1966, and on the 10th day of each month thereafter to and including January 10, 1967, the City shall deposit in the Interest and Sinking Fund an amount of money not less than one-tenth of the interest to become due on January 15, 1967; thereafter, commencing on the 10th day of February, 1967, and on the 10th day of each succeeding month until the bonds are paid and retired, the City shall deposit in said Fund an amount of money not less than one- sixth of the next maturing semi-annual installment of interest. Beginning on the 10th day of August, 1966, and on the 10th day of each succeeding month until the bonds are paid and retired, the City shall deposit in said Fund an amount of money not less than one-twelfth of the next 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 sums which would otherwise be required to be placed in the interest and Sinking Fund from the revenues of the System. SECTION 14: Reserve Fund. In accordance with the pro- visions of the ordinances authorizing the previously issued bonds, there will be on deposit in the Reserve Fund on March 15, 1966, the sum of $54,128.00. Thereafter, on or before the 10th day of each month, beginning April 10, 1966, the City shall deposit in said Reserve Fund the sum of $2,020.00 (which said sum includes the amounts to be deposited under the provisions of the ordinances authorizing the previously issued bonds) until such time as there shall have been accumulated in said Fund the sum of $175,000.00. 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 sufficient money available in the Interest and Sinking Fund. No payments need be made into the Reserve Fund after there shall have been accumulated in said Fund the sum of $175,000.0 except 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 $175,000.00. Money in the Reserve Fund may be, at the option of the City, inves- ted 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, Plainview, Texas, and shall be promptly sold and the proceeds of sale applied to the making of payments required to be made from the Reserve Fund, when- ever 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, SECTION 15: Issuance of Additional Parit Bonds. In addition to the right to issue bonds of inferior lien as authorized by the laws of this State, the City reserves the right hereafter to issue additional bonds. The additional bonds, when issued, shall be payable from and secured by a first lien on and pledge of the net revenues of the System in the same manner and to the same extent as ere the bonds authorized by this ordinance and the previously issued bonds; and the bonds, the previously issued bonds and the additional bonds shall in all respects be of equal dignity. The additional bonds may be issued in one or more installments. 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 ordi- nance or the ordinances authorizing the issuance of the previously issued bonds. (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) That each of the Funds created or reaffirmed by the ordinances authorizing the bonds and the previously • issued bonds contains the amount of money then required to be on deposit (e) The net earnings of the System for the pre- ceding fiscal year are equal to at least one and one-half (1-1/2) times the average annual requirements for the pay- ment of principal and interest of all the bonds which will be secured by a first lien on and pledge of the net revenues of the System, and which will be outstanding upon the issu- ance of the additional parity 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 15 shall mean the gross revenues after deducting the expense of operation and maintenance, but not deducting expenditures which, under standard accounting prac- tice, should be charged to capital expenditures. (f) The additional bonds are made to mature on July 15th of each of the years in which they are scheduled to mature. (g) The ordinance authorizing the additional bonds provides that 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 prin- cipal and interest on all bonds to be secured by a first lien on the System after giving effect to the issuance of the pro- posed additional bonds. SECTION 16: flpeCial Covenants. The City hereby further covenants, reaffirms and agrees by 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 1111 through 1118, V.A.T.C.S.; that the bonds issued here- under, the previously issued bonds and the 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 the 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 pay- ment of any debt or obligation of the City or of the System. (c) That so long as any of the bonds herein author- ized or the previously issued bonds, or any interest thereon, 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 subordinate to all of the provisions of this ordinance. (d) That no free service of the System shall be allowed, and should the City or any of its agents or instru- mentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be 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 covenants, reaffirms and agrees that, so long as any of the bonds, previously issued bonds or additional bonds or any interest thereon are outstanding, no franchise shall be granted 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. SECTION 17: Adoption of Provisions of Ordinance Author- izing Series 1963 Bonds. That the provisions, conditions and recitals thereof being equally applicable to this ordinance and the bonds herein authorized, certain sections of the ordinance authorizing the Waterworks and Sewer System Revenue Bonds, Series 1963, as enacted on the 21st day of January, 1963, are hereby adopted as a part hereof by this reference and to the full extent and with like effect as if set forth herein at length. Such sec- tions are listed and identified as follows: Section 11 - Rates and Charges. Section 16 - Deficiencies in Funds. Section 17 - Excess Revenues. Section 18 - Security of Funds. Section 20 - Maintenance and Operation - Insurance. Section 21 - Records - Accounts - Accounting Reports. Section 22 - Remedies in Event of Default. Section 24 - Bonds are Special Obligations. In order that any holder of the bonds authorized by this ordinance may be fully apprised of the contents of the aforementioned sec- tions, the City agrees to furnish, without charge, a certified copy of the ordinance of January 21, 1963, aforementioned, and in which the aforesaid sections are contained, upon request of the holder of any of the bonds herein authorized. Secr SECTION 18: Mayor to Have Charge of Records and Bonds. That the Mayor of the City of Plainview shall be and he 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 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 19: Confirmation of Sale. That the sale of the bonds herej n. authorized to -- A N.YVwxp- 61 4440 1 0 Ps $ oc/" at the price of par and accrued interest to date of delivery, plus a premium of $ /37 , is hereby continued. Delivery of said bonds shall be made to said purchasers as soon as may be after the adoption of this ordinance, upon payment therefor in accord- ance with the terms of sale. SECTION 20: Printed Leal Opinion on Bonds. That the purchasers' obligation to accept delivery of the bonds herein authorized is subject to their being furnished a final opinion of Messrs. Dumas, Huguenin and Boothman, Attorneys, Dallas, Texas, approving such bonds as to their 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 of such bonds with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary is hereby approved and authorized. SECTION 21: Emergency. The fact that it is to the best interest of tfte City to provide funds for the construction of improvements and extensions to the Waterworks and Sanitary Sewer System as hereinabove set out at the earliest possible date consti- tutes and creates 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 sus- pended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules and provisions are accord- ingly 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. .TTEST: PASSED AND APPROVED, th the 21st day of February, 1966. ary, City of Plainview, Texas Mayor, City of Plainview, Texas APPROVED. 40 Cit ty Plainview, Texas ORDINANCE NO. 66 -919 AN ORDINANCE by the City Council of the City of Plainview, Texas, authorizing the issuance of $1,000,000 "CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1966 ", dated March 15, 1966, for the purpose of making permanent public improvements, to wit: $550,000 for constructing street improvements in and for said City, and drainage incidental thereto; $175,000 for con - structing and equipping a police station and courts building in and for said City and the acquisition of a site therefor; $175,000 for acquiring or improving, either or both, land for park purposes; and $100,000 for constructing improvements to the City Library; prescribing the form of the bonds and the form of the interest coupons; levying a continuing 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 redemp- tion thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. WHEREAS, pursuant to a resolution and order duly adopted by the City Council of the City of Plainview, Texas, on the 29th day of October, 1965, a special election was held in said City on the 23rd day of November, 1965, at which a majority of the duly qualified electors of said City, who owned taxable property therein and who had duly rendered the same for taxation, sustained proposi- tions authorizing the City Council to issue general obligation bonds of the City to mature serially over a period of years not to exceed 25 years from their date and to bear interest at a rate not to exceed 5% per annum, for the purpose of making the following permanent public improvements, to wit: $550,000 for constructing street improvements in and for said City, and drainage incidental thereto; $175,000 for constructing and equipping a police station and courts building in and for said City and the acquisition of a site therefor; $175,000 for acquiring or improving, either or both, land for park purposes; and $100,000 for constructing improvements to the City Library; AND WHEREAS City Council now considers it necessary and advisable to proceed with the issuance of all the bonds author - ized as aforesaid, it having been determined that the City Council acting for and on behalf of the City of Plainview, is in all respects duly and lawfully empowered in that regard, and further, that it is advisable and to the City's best interest to issue said bonds in a single combined series; therefore, PLAINVIEW :. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1: That the bonds of said City, to be known as "CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1966 ", be and the same are hereby ordered to be issued in the principal sum of ONE MILLION DOLLARS ($1,000,000) for the purpose of making permanent public improvements, to wit: $550,000 for constructing street improvements in and for said City, and drainage incidental thereto; $175,000 for constructing and equipping a police station and courts building in and for said City and the acquisition of a site therefor; $175,000 for acquiring or improving, either or both, land for park purposes; and $ 100,000 for constructing improve meats to the City Library, under and by virtue of the Constitution and laws of the State of Texas. SECTION 2: That said bonds shall be numbered consecu- tively from One (1) through Two Hundred (200); shall be in denom- ination of Five Thousand Dollars ($5,000) each, aggregating the sum of ONE MILLION DOLLARS ($1,000,000); shall be dated March 15, 1966; and shall become due and payable serially on March 15th in each of the years in accordance with the following schedule: BOND NUMBERS, (All Inclusive) MATURITY AMOUNT 1 and 2 1967 $ 10,000 3 and 4 1968 10,000 5 and 6 1969 10,000 7 and 8 1970 10,000 9 and 10 1971 10,000 11 and 12 1972 10,000 13 and 14 1973 10,000 15 and 16 1974 10,000 17 and 18 1975 10,000 19 and 20 1976 10,000 21 and 22 1977 10,000 23 to 41 1978 95,000 42 to 60 1979 95,000 61 to 80 1980 100,000 81 to 100 1981 100,000 101 to 120 1982 100,000 121 to 140 1983 100,000 141 to 160 1984 100,000 161 to 180 1985 100,000 181 to 200 1986 100,000 PROVIDED, HOWEVER, the City reserves the right to redeem bonds maturing in each of the years 1982 through 1986 of said series, in whole or any part thereof, on March 15, 1981, or on any inter - est payment date thereafter, at the price of par and accrued interest to the date fixed for redemption; 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, a 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 f i l a r ' 44170AAL A l w . k i 2 + s f� -s, " xt - s (the paying agents named in each of said S onds), and should 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: That said bonds shall bear interest from date to maturity at the following rates per annum: (a) Bonds maturi g in each of the years 1967 through 19 '7' at 3 9a; (b) Bonds maturing in each of the years 1978 . through 19 at 3-Ty 7, (c) Bonds maturing. in each of the years 19 E , through 19 o at 3 4a0 (d) Bonds maturing in each of the years 19 19 6 at 34 80 %; (e) Bonds maturing in each of the years 19 through 19 at %; and (f) Bonds maturing in each of the years 19 through 19 at %; such interest to be evidenced by proper coupons attached to each of said bonds, and said interest shall be payable on March 15, 1967, and semi - annually thereafter on September 15 and March 15 in each year. SECTION 4: That both principal of and interest on said bonds shall 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, Plainview Texas or, at the option of the holder, at /L- ,y ..,, oNQ L , , .,� 1:X 4 upon presentation and surrender of bonds or proper coupons. SECTION 5: That the seal of said City may be impressed on each of said bonds or, in the alternative, a facsimile of such seal may be printed on the said bonds. The bonds and interest coupons appurtenant thereto may be executed by the imprinted fac- simile 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 and City Secretary in person by their manual signatures. Inasmuch as such bonds are required to be registered by the Comptroller of Public Accounts for 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 connection with his registration certificate to appear thereon, as hereinafter provided all in accordance with the provisions of Article 717j -1, V.A.T.C.S. SECTION 6: That the form of said bonds shall be sub- stantially as follows: UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS, GENERAL OBLIGATION BOND, SERIES 1966 $5,000 The CITY OF PLAINVIEW, 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 States of America, on the FIFTEENTH DAY OF MARCH, 19 , with interest thereon from the date hereof to maturity at the rate of PER CENTUM ( %) per annum, payable on March 15, 1967, and semi- annually thereafter on September 15 and March 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 of and interest on this bond are hereby made payable at the HALE COUNTY STATE BANK, Plainview, Texas, or, at the option of the holder, at , 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 irrevoc- ably pledged. THIS BOND is one of a series of Two Hundred (200) serial bonds, numbered consecutively from One (1) through Two Hundred (200), in denomination of Five Thousand Dollars ($5,000) each, aggregating ONE MILLION DOLLARS ($1,000,000), issued for the pur- pose of making permanent public improvements, to wit: $550,000 for constructing street improvements in and for said City, and drainage incidental thereto; $175,000 for constructing and equip - ping a police station and courts building in and for said City and the acquisition of a site therefor; $175,000 for acquiring or improving, either or both, land for park purposes; and $100,000 for constructing improvements to the City Library, 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 Plain - view, Texas, and duly recorded in 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 1982 through 1986 of this series, in whole or any part thereof, on March 15, 1981, or on any interest payment date there - after, at the price of par and accrued interest to the date fixed for redemption; PROVIDED, HOWEVER, 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 have been filed with the HALE COUNTY STATE BANK, Plainview, Texas, and ; and should 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 redemp- tion. 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 qualified electors of the City of Plainview, Texas, who owned taxable pro- perty therein and who had duly rendered the same for taxation, voting at an election held for that purpose within said City on the 23rd day of November, 1965; 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 per - formed and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision has been made for the levy and collection of taxes 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 inter - est 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 TESTIMONY WHEREOF, the City Council of the City of Plainview, Texas, 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, in accord - ance with the provisions of Article 717j-1, V.A.T.C.S.; the date of this bond, in conformity with the ordinance above referred to, being the FIFTEENTH DAY OF MARCH, 1966. COUNTERSIGNED: City Secretary, City of Plainview, Texas Mayor, City of Plainview, Texas SECTION 7: That the form of interest coupons attached to each of said bonds shall be substantially as follows: ON TEE 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 of Texas, hereby promises to pay to bearer, at the HALE COUNTY STATE BANK, Plainview *NOTE TO PRINTER: The expression in parenthesis to be included only in coupons maturing September 15, 1981 and subsequent, per - taining to optional bonds maturing in the years 1982 through 1986. or, at the option of the holder, at without exchange lection charges to the owner or holder, the sum of in lawful money of the United States of sum being months' interest due that day on VIEW, TEXAS, GENERAL OBLIGATION BOND, SERIES 1966 ", 1966. Bond No. Texas, City Secretary DOLLARS Mayor or col- America, said "CITY OF PLAIN - dated March 15, SECTION 8: That the following certificate shall be printed on the back of each bond;. OFFICE OF COMPTROLLER X REGISTER NO. STATE OF TEXAS X 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 con- formity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon said City of Plain - view, Texas, and said bond has this day been registered by me. WITNESS MY HAND AND THE SEAL OF MY OFFICE at Austin, Comptroller of Public Accounts of the State of Texas SECTION 9: That a special fund to be designated "SPECIAL GENERAL OBLIGATION BOND FUND, SERIES 1966" 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 fund for the redemption of said bonds at maturity; and said fund shall be used for no other purpose; that, while said bonds or any of them are outstanding and unpaid, there shall be annually levied, assessed and collected in due time, form 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, 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 sinking fund 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 property in said City for the current year and 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 sufficient to provide funds to pay the then 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, and said tax shall each year be assessed and collected and applied to the payment of the principal of and inter - est on said bonds. The City Council hereby declares its purpose and intent to provide and levy a tax 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 of all other outstanding obligations. SECTION 10: 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 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 11: That the sale of the bonds herein authorized Aiz3 „S.so at the price of par and accrued interest to date of delivery, plus a premium of $ of ew , is hereby confirmed. Delivery of the bonds shall be made to said purchaser as soon as may be after the adoption of this ordinance, upon payment therefor in accord- ance with the terms of sale. SECTION 12: The purchaser's obligation to accept deliv- ery of the bonds herein authorized is subject to their being fur - nished a final opinion of Messrs. Dumas, Huguenin and Boothman, Attorneys, Dallas, Texas, approving such bonds as to their valid- ity, said opinion to be dated and delivered as of the date of delivery and payment for such bonds. Printing of a true and cor- rect copy of said opinion on the reverse side of each of such bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City of Plainview, Texas, is hereby approved and authorized. SECTION 13: The public importance of this measure and the fact that it is to the best interest of the City to provide funds for the construction and acquisition of the improvements herein contemplated 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 requir- ing that this ordinance be passed and take effect as an emergency PASSED AND APPROVED, measure, and this take and passage. and such rules and provisions are accordingly suspended, ordinance is passed as an= emergency measure and shall have effect` and be _in' full force from and after its him he 21st day of February, 1966. City of Plainview, Texas inview, facilities afforded by the Waterworks and Sanitary Sewer System, they shall pay there- for the same rates and charges herein prescribed for other consumers. SECTION fi$: This ordinanceshall be in force from and after its passage and the rates hemp established shall be utilized in the computation of all statements comm- encing Mitirmita 1, 1966- SECTION 9: That the public importance of this measure and the fact that it is to __- the best interest of the City to provide and prescribe the water and sewer rates and the conditions herein stipulated pertaining to said Systems at the earliest possible date constitute and create an emergency and an urgent public nesessity, requiring that any rule providing for ordinances to be read and voted upon more than one meeting be suspended and 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. ATTEST: (City S PASSED AND APPROVED, this the 21st day of February , 1966. Signed: City Secretary, City of Plainview, Texas M. L. REA ORDINANCE NO. 66-919 City of Plainview, Texas, General Obligation Bonds, Series 1966 in tteamount of $1,000,000. (Ordinance Inserted) ORDINANCE NO. 66-920 AN ORDINANCE ABANDONING AND CLOSING THE EAST-WEST ALLEY BETWEEN 12ST STREET AND CASTRO STREET AND EXTENDING 129.7 FEET WEST FROM UTICA STREET IN THE CITY OF PLAINVIEW, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE. WHEREAS, the First Presbyterian Church of Plainview, Texas a corporation in- corporated under the Texas Non-Profit Corporation Act, acting by and through its Board of Trustees, has by petition requested the City Council to close and abandon the East-West Alley between 21st Street and Castro Street and extending 129.7 feet west from Utica Street; and WHEREAS, the said First Presbyterian Church of Plainview, Texas, is the owner of all of the real property abutting upon said alley; and WHEREAS, the City Council finds that the said alley is no longer needed for alley purposes or for public use; and WHEREAS, after considering said petition the City Council of the City of Plain- view, is of the opinion that it is in the public use, and that the facts and circum- stances stated in said petition are true and correct; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION ONE. That the East-West alley between 21st Street and Castro Street and extending 129.7 feet West from Utica Street in the City of Plainview, be and the same is hereby closed, vacated and abandoned for alley purposes and to public use. Said alley being more particularly described as follows: Signed: M. B. HOOD APPROVED: Mayor, City of Plainview, Texas Signed: Joe Sharp City Attorney, City of Plainview, Texas 138 Beginning at the Northwest corner of Lot 2, Block 1, Greene Acres Addition to Plainview, Texas, as shown on the plat of said addition recorded in volume 280, Page 449, Deed Records of Hale County, Texas; Thence, North 20 feet; Thence, East 129.7 feet to a point in the West line of Utica Street; Thence, South along the West line of Utica Street 20feet to a point being the Northeast corner of Lot 1, Block 1, Greene Acres Addition; Thence, West 129.7 feet along the North line of Lots 1 and 2 of Greene Acres Addition to the point of beginning. SECTION TWO. The City Council finds that it is in the beat interest of the public to close the above described alley and that said alley is no longer needed for alley purposes or for public use. SECTION THREE. That the said alley above describe in SECTION ONE shall no longer be used as a public thoroughfare or as an open alley or street and shall no longer be designated as an allye, and the owner of the property contiguous 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. PASSED, APPROVED AND ADOPTED, This the 2/st day of February, 1966. Signed: M. B. HOOD M. B. Hood, Mayor City of Plainview, Texas ATTEST: (City Seal) Signed: M. L. REA' M. L. REA, City Clerk City of Plainview, Texas PETITION TO THE HONORABLE CITY COUNCIL OF PLAINVIEW, TEXAS: First Presbyterian Church of Plainview, Texas, a corporation incorporated under the Texas Non-Profit Corporation Act, acting by and through its Board of Trustees, Virgil Winn, Earl Alexander and L. M. Frogge, in conformity with the action of the Session of the said First Presbyterian Church heretofore conveyed to them, would respectfully show the City Council as follows: Said corporation is the owner of all the real property abutting a certain alley being described as follows: Beginning at the Northwest corner of Lot 2, Block 1, Greene Acres Addition to Plainview, Texas as shown on the plat of said addition recorded in_Volume 280, Page 449, Deed Records of Hale County, Texas; Thence, North 20 feet; Thence, East 129.7 feet to a point in the West line of Utica Street; Thence, South along the West line of Utica S 20 feet to a point being the Northeast corner of Lot 1, Block 1, Greene Acres Addition; Thence, West 129.7 feet along the North line of Lots 1 and 2 of Greene Acres Addition to the point of beginning. That the above described alley is no longer needed for alley purposes or for public use. That it would be to the public interest to close, vacate and abandon same for alley purposes and to public use. WHEREFORE, petitioner requests that the above described East-West alley be closed vacated and abandoned for alley purposes and for public use, and that the City Engin- eer be authorized and directed to mark the official map of the City of Plainview to indicate that the above described alley has been closed and abandoned. Respectfully submitted, FIRST PRESBYTERIAN CHURCH OF PLAINVIEW, TEXAS L. M. Frogge Signed: E. G. Alexander Virgil Winn Board of Trustees WHEREAS, the City Council of the priate certain specific funds out of and this ordinance deals with the dai interest which creates an emergency: BE IT ',ORDAINED BY THE CITY COUNCIL OF There is hereby appropriated out fund, to-wit: The sum $700.00 For the following purpose: Cabinet work in the Conference Rooms WHEREAS, an emergency exists as shown enactment of this ordinance is dedlared to a public necessity that the rule requiring (2) separate Council meetings be dispensed from the date of its passage. and it is Passed by the Council on this 7th day of March ATTEST: (City Seal) Signed: M. L. REA Signed: City Secretary Verified by: AN ORDINANCE PROVIDING FOR THE REGULATION, MEMORIAL LIBRARY; PROVIDING FOR A "LIBRARY FUNCTION IN THE REGULATION, MANAGEMENT AND AND PROVIDING FOR THEIR APPOINTMENT, TERMS ORDINANCE NO. 66 -921 AN APPROPRIATION ORDINANCE City of Plainview finds it is necessary to appro- City Hall Bond funds for an approved project ly operation of City departments in the public NOW, THEREFORE, THE CITY OF PLAINVIEW: of the following described City Hall Bond in the preamble to this ordinance, the be an emergency measure thereby creating proposed ordinances to be presented at two with; and this ordinance shall be effective s o o r d e r e d . M. B. HOOD Mayor City Manager ORDINANCE NO. 66 -922 , 1966. Marshall Pharr MANAGEMENT, AND SUPERVISION OF THE UNGER BOARD "; PRESCRIBING THEIR DUTIES AND SUPERVISION OF THE UNGER MEMORIAL LIBRARY; OF OFFICE AND DUTIES AND RESPONSIBILITIES. WHEREAS, Mrs. Minnette K. Unger did by gift to the City of Plainview cause to be conveyed to the City of Plainview all that certain tract or parcel of land lying and being situated in the Town of Plainview, in Hale County, Texas, and described as follows: All of Lot No. 1, and the North 1/2 of Lot No. 2, Block No. 42, Original Town of Plainview, in Hale County, Texas; and did by gift to the City of Plainview provide for the construction and erection of the original principal library building; and WHEREAS, it is provided in the deed to the above described property as follows: "This property is being paid for by Mrs. Minnette K. Unger for the purpose of furnishing a site for a public library which shall be known as the Unger Memorial Library. As a condition for the advancement of the purchase price by Mrs. Minnette K. Unger, acting herein by and through the Unger Memorial Library Trust, the Grantee herein agrees that said property shall forever be used for the benefit of a public library to be owned, operated and supervised by the City of Plainview, and will be known as the Unger Memorial Library. That said agree - ment on the part of the covenent and limitation running with the land and any attempt by the Grantee or its successors or assigns: to use said property for any other purpose, or the use of said property by the Grantee herein or its successors or assigns to use said property for any other purpose,may be enjoined and restrained by Mrs. Minnette K. Unger, her heirs or assigns, and that this right to enjoin as herein provided and the limitation placed hereon on said land shall be a covenant running with the land, which restriction and covenent is one of the considerations enuring to Mrs. Minnette K. Unger, her heirs and assigns, for the advancement of the purchase price for the land herein conveyed "; NOW, THEREFORE, BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The building which is a"library°buiiding erected on the site herein - above described designated and marked with a placque and letters as The Unger Memorial Library, the same being a gift from Mts. Minnette K. Unger, shall perpetually be known and designated as "The Unger Memorial Library" and is hereby. dedicated the uses and purposes for which the same was given to the City of Plainview by Mrs. Minnette K. 39 Unger, and the said site and building shall perpetually be used for the purposes for which aame was given the City of Plainview, as hereinabove provided in the conveyance, a portion of which is quoted above. SECTION 2: There is hereby created The Unger Memorial Library Advisory Committee, which shall be composed of two representatives designated from each organization making a reasonable contribution to the Unger Memorial Library of not less than Five and No /100 Dollars ($5.00).. SECTION 3: The Unger Memorial Library Advisory Committee shall from its member- ship elect a President, a Vice Iresident, Secretary, Treasurer, and Director of_Publi- city-shall then be submitted to the City Council of the City of Plainview - with the recommendation that each be appointed by the City Council to The Unger Memorial Library Board. Upon a majority vote of the City Council of the City of Plainview, the said persons so nominated and recommended by the Unger Memorial Library Advisory Committee shall constitute The Unger Memorial Library Board. They shall be designated as members of The Unger Memorial Board in the capacities in which they were elected;' that is, as President, Vice President, Secretary, Treasurer, and Publicity Director, and each of them shall hold that office as members of The Unger Memorial Library Board. Should any person recommended by The Unger Memorial Library Advisory Committee fail to receive a majority vote of the City Council in favor of his or her appointment to the Unger Memorial Library Board, then the City Council shall report back to The Unger Memorial Library Advisory Committee sh fact, and Said Committee shall in turn nominate and recommend another member or members to be submitted to the City Council of the City of Plainview for their consideration as members of The Unger Memorial Library Board. In the event of a vacancy onThe Unger Memorial Library Board, the Advisory Committee shall nominate one of their members to be recommended for appointment to fill the vacancy. SECTION 4: Members of The Unger Memorial Library Board shall hold their office for a term of two (2) years, except that two'(2) of the five (5) members elected during the year 1967 shall - hold office for one (1) year and the other three (3) members shall hold office for terms of two (2) years, the term of each to be determined by lot and thereafter their successors shall hold office for two (2) years 'and until their successors are appointed. Should any vacancy occur and a member is appointed in the manner above provided to fill such vacancy, the member so appointed to fill the vacancy shall be appointed for the unexpired term of said vaaant member. SECTION 5: Upon the death, resignation, removal or expiration of the term of office of any member of the Library Board, The Unger Memorial Library Advisory Committee shall elect from among their members one who shall be recommended as a successor to the member whose place on the Library Board has been vacated, and such vacancy shall therefore be filled in the same manner by recommendation and appointment by the City Council as is provided for the appointment of members to the Board and as provided in Section 4 of this Ordinance, supra. In the event the best interests the City require the removal of any member of the Board, the removal shall be effected by appointment of a successor by unanimous vote of the City Council of the City of Plain- view. The City Manager shall be an ex- officio member of the Library Board, without voting privileges, and shall act in an advisory capacity to the Board. SECTION 6: The present mem ers, of the Unger Memorial Library Board shall be and are hereby appointed as The Unger Memorial Library Board in the capacities that they are presently serving, and will continue to serve until January 1, 1967 'and until their successors are appointed and qualified Any person may serve more than one (1) successive term as a member of the Board. In keeping herewith, the members of the Board for the year 1966 shall be as follows: Mrs. Maisie Jones, President; Mrs. Shirley Igo, Vice President; Mrs. Florence Watson, Secretary; Mr. Davis Horne, Treasurer; and Mrs. Charlene Formby, Publicity Director. The President of the Board shall be the chairman to preside and the Secretary shall keep a record of the proceedings of the Board, which records shall upon request of the City Council be delivered to it for its inspection and review. SECTION 7: The duties of The Unger Memorial Library Advisory Committee shall be that as prescribed above, together with the further duty' of . making recommendations to The Unger Memorial Library Board concerning each of their duties as herein by this Ordinance prescribed for The Unger Memorial Library Board. SECTION 8: The Unger Memorial Library Board shall advise with the City Council concerning the preparation of a budget for The Unger Memorial Library for each year. These recommendations shall be submitted to the City Manager of the City of Plainview on or before the 1st day of June of each year. This budget so recommended by The Unger Memorial Library Board shall be for the next succeeding fiscal year beginning October 1st and ending September 30th. All expenditures made by the Unger Memorial Library shall be made within the budget finally adopted by the City Council of the City of Plainview for the operation of The Unger Memorial Library Board, and the total expenditures to be made for the operation of said Library in any fiscal year shall be determined by the budget so approved and adopted by the City Council as here inabove provided. The Unger Memorial Library Board shall recommend to the City Council a Libra- rian or Assistant Librarian whenever one is needed, together with a recommended salary for each such employee. All paid personnel of The Unger Memorial Library shall be City employees and shall be entitled to all benefits and policies of Social Security, retirement, vacation and other benefits and Alicies in accordance with the Ordinances and regulations and policies of the City of Plainview pertaining to its employees. - The Unger Memorial Library Board shall have the authority to make contracts with any other subdivision of the Stkte of Texas, such as any other municipality, or county, for the use of said Library by members of the public residing outside of the City of Plainview and shall be authorized to accept payments and emoluments in consideration. thereof; except, however, that no said contract shall be in derogation of the purposes of The Unger Memorial, Library as designated by Mrs. Minnette K. Unger in the deed and instrument by which the site of said Library was acquired and which is quoted above. Neither shall it have the authority to enter into any such contract which is in vio- lation of any existing City Ordinance or statute of the State of.Texas of law of the UnitecLStares. The Unger Memorial Library Board shall have the authority to fix minimum fees for regulatory purposes concerning said Library, but none of which shall be such as to be in derogation of the purposes of said Library which is that of.a public library as provided as the purposeof same in the gift from Mrs. jviinnette K. Unger. Any fees or other donations or emoluments from any contracts entered into with other munici- aplities or counties, or donations from organizations to said Library, shall be, by the Treasurer ofThe Unger Memorial Library Board, deposited with the City Clerk of the City of Plainview. All of such funds shall be, by the said City Clerk, placed in a separate fund to be known as The Unger Memorial Library Fund, and such funds shall not be used by the City of Plainview for any purposed except for the operation and maintenance of the Library and for the purchase of equipment, supplies, books or any other items that may be needed or useful in the operation and maintenance of The Unger Memorial Library. All expenses of the operation and maintenance of The Unger Memotial Library, within the budgetfor same or which may be designated as an emergency by the City Council, shall, subject to the approval of the City Council, be .paid by check drawn by the City Clerk of the City of Plainview, either on the City's general funds, or on The Unger Memorial Library fund or other apprOpriate fund. An audit of all receipts and expenditures made in aby way in connection with the operation of The Unger Memorial Library shall be made for each fiscal year of the City of Plainview, and a copy of same shall be furnsihed to The Unger Memorial Library Board and to The Unger Memorial Library Advisory Committee and to the City of Plainview, Texas. SECTION 9: It is hereby declared that this Ordinance is passed for the purpose of enumerating the manner and method of operation of The Unger Memorial library, and for the purpose of establishing an orderly procedure in regard to its operation, and for the purpose of continuing, as near as practical, the operation of same along methods and lines that it has heretofore been operated. SECTION 10: Nothing in this Ordinance shall be construed as a delegation of the duties and responsibilities of the City Council nor a delegation of its power and authority to make such Ordinances, regulations or rules as it may see fit to do in the future concerning the operation of The Unger Memorial Library as one of the funct- ions and duties of the City government of the City orPlainview. SECTION 11: -The Unger Memorial Library Board shall make such rules and regu- lations as it may deem advisable concerning its parliamentary procedure and the duties of the Librarian and other employees of The Unger Memorial Library, and the active management and supervision of said Library shall be in accordance with the regulations and rules as may be made by The Unger Memorial Library Board, all of which rules and regulations shall be subject to the approval of the City Council of the City of Plain- view. PASSED AND APPROVED, this 7th day of March , A.D., 1966. Attest: (City Seal) r I Signed: M. L. REA City Clerk Signed: M. B. HOOD Mayor 141 142 ORDINANCE NO. 66-923 AN ORDINANCE PRESCRIBING THE OPENING AND CLOSING HOURS OF CERTAIN SWIMMING POOLS OWNED AND OPERATED BY THE CITY OF PLAINVIEW; ANDREGULATrNG THE PRICES OF ADMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'PLAINVIEW: SECTION 1: (a) The term "swimming pool" as used herein shall refer to the swimm- ing pools located at (1) 1910 Austin Street in the of Plainview; (2) 1100 El Camino Drive in the City of Plainview; and (3) 3300 West Sixteenth Street in the City of Plain- view. (b) The term "swimming season" as used herein refers to and means the time be- tween the first day of opening of the swimming pools for use and the day of closing them in a calendar year. (c) The term "City Manager" as used herein refers to and means the City Manager of the City of Plainview. - (d) The term "children" as used herein refers to and means persons fourteen (14) years of age or under. (e) The term "adult" as used herein refers to aed means persons fifteen (15) years of age or over. SECTION 2: The prices of admission for each admission for the purpose �f swimming in the swimming pools hereinabove referred to shall be as follows: (a) For children: (1) For children on any one (1) occasion or admission for one (1) time, tWenty- five cents (25c); (2) The City Manager is hereby authorized to cause to be printed books of passes for the admission of children. The books of passes for children shall be two (2) in kind; one to contain ten (10) passes for which a charge of Two and No/100 Dollars ($2.00) shall be made; and the other to contain twenty-five (25) passes for which a charge of Five and No/100 Dollars ($5.00) shall be made. Each pass shall be good for one (1) admission for one(1) person to the swimming pool for the purpose of swimming. The passes shall only be valid and good for admission for the swimming season for which they are issued, and if not used in the calendar year for which they are issued they shall be void and not useable or recognized for the purpose of admission to the swimming pools for any subsequent year. Each pass shall entitle the bearer to one (1) admiss- ion to any of the swimming pools for the purpose of swimming; (b) For. adults: (1) For adults on any one (1) occasion or admission for one (1) time, fifty cents (50c); (2) The City Manager is hereby authorized to cause to be printed books of passes for fdr the admitsion of adults.. The books of passes for adults shall be two (2) in kind; one to contain ten (10) passes for which a charge of Four and No/100 Dollars ($4.00) shall be made; and the other to contain twenty-five (25) passes for which a charge of Ten and No/100 Dollars ($10.00) shall be made. Each pass shall be good for one (1) admission for one person to the swimming pool for the purpose of swimming. The Passes shall only be valid and good for admission for the swimming season for which they are issued, and it not used in the calendar year for which they are issued they shall be void and not useable or recognized for the purposes of admiss- ion to the swimming pools for any subsequent year. Each pass shall entitle the bearer to one (1) admisssion to any of the swimmieg pools for the purpose of swimming; (c) A season pass maybe.. issued by the .City Manager which 'will entitle the person and only the person to whom the season pass is issued to be admitted to any one (1) of the swimming pools for the purpose of swimming at any time during the hours that the pools are open for admission to the general public. For adults the charge for the season pass shall be the sum of Twenty and No/100 Dollars (20.00). For children the charge for the season pass shall be the sum of Ten and No/100 Dollirs ($10.00). A season pass shall be good and valid only for thw swimming season for the year for which it is issued. The person purchasing a season pass shall be required to furnish his or her photograph to the agency of the City issuing the pass, and the said photograph shall be attached. The season pass shall be good for admission for the person purchasing same and shall not be transferable nor valid for admisssion for any other person other than the person in whose name the season pass is issued. The season pass shall only be valid for admissien toethe swimming pools for the swimming season for the calendar year for which it is issued. SECTION 3; The opening and closing hburs for each of the above mentioned swimming pools shall be determined ehd set by the City Manager in accordance with the conven- iences and conditions deemed by him to be necessary as of the time he determines such opening and closing hours. SECTION 4: The City Manager shall also make the determination as to when the swimming pools shall be opened for the swimming season and closed for the swimming season. SECTION 5: The City Manager may in his discretion at times when the swimming pools are not in use for the general public permit the same to be used for private parties and shall make a charge for same and submit the schedule of said charges to the City Council for its approval. Upon approval of these charges by the City Counc 1, the same sholl have the same force and effect as if they were fully set out and provided for in this Ordinance. SECTION 6: The City Manager shall prepared rules and regulations for the operation of the swimming pools, including regulations deemed necessary by him for safety purposes, sanitary purposes, and health purposes. The regulations shall be submitted to the City Council for approval; and upon approval of these regulations by the City Council, the same shall have the same force and effect as if they were fully set out and provided for in this Ordinance. r 1 1 PASSED AND APPROVED this 21st day of March , A. D., 1966. ATTEST: (City Seal) Signed: M. L. REA CITY CLERK, City of Plainview AN APPROPRIATION ORDINANCE Signed: M. B. HOOD Mayor City of Plainview ORDINANCE NO. 66-924_ WHEREAS, the City Council of the City of Plainview finds it is necessary to appro- priate certain specific funds out of Utility funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Utility fund, to-wit: The sum $1,000.00 For the following purpose: Bronze Bowl and Impellers to repair Water Well No. 13. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is delcared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED. Passed by the Council on this 21st day of March , 1966. ATTEST: (City Seal) Signed: M. L. REA Signed: M. B. HOOD City Secretary Verified by: Marshall Pharr MAYOR City Manager 3 144 46.1' W., 340 ORDINANCE NO. ' ? 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 TAXPAYING VOTERS WITHIN SUCH AREA HAVE FILED WITH THE CITY CLERK SUCH PETITION 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 of Plainview, Texas, petitioning the City Council of the City of Plainview, Texas, to annex and admit the following described area and territory into the City of Plainview, Texas, to -wit: A tract of land out of Section 26, Block JK -2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the present city limits of the City of Plainview, Texas, which is 500 feet Northwest from the West Right of Way of Highway Loop 274, said place of beginning being 737 feet West and 30.8 feet South of the Southeast Corner of Section 26, Block JK -2, Hale County, Texas; THENCE Northwesterly 1,113.5 feet along the existing city limit line to a point; THENCE South 89 56.3' Unit No. 1, Plainview, of Garland Street; THENCE N. 61 13.9' W. W. at 672.5 feet pass a Northeast Corner of Westgate Texas, in all 747.5 feet at a point in the West line 741.78 feet along the North line of an alley to said Westgate, Unit No. 1; 210 feet along the West line of Westgate, Unit No. 1 , 10 feet along the South line of Holiday, Drive to the Northwest Corner of THENCE S._28 46.1' W., to a point; THENCE S. 61 13.9' E. a point; THENCE S. 28 to a point; THENCE S. 61 13.9' E., 20 feet along the South line of Itasca Road to a point; THENCE S. 28° 46.1' W., 150 feet along the West line of said Westgate, Unit No. 1, to its West - Southwest Corner; THENCE S. 61° 13.9' E., 111.38 feet along the South line of an alley to a point; THENCE S. 30 36.9' E., 25.82 feet to a point; THENCE South 201.05 feet along the West line of said Westgate, Unit No. 1, to a point; THENCE N. 89 56.3' E., 20 feet along the South line of 25th Street to a point; THENCE South 240 feet along the West line of said Westgate, Unit No. 1, to a point 30 feet South of the South line of said Section 26, Block JK -2; THENCE N. 89 56.3' E., 790.5 feet along the South line of a county road (24th Street) to the place of BEGINNING and containing 25.5 acres of land more or less. The streets and alleys referred to above are as shown on the plat of Westgate, Unit No. 1, Plainview, Texas, as prepared by A. C. Bowden, P. E and filed with the Planning and Zoning Commission of the City of Plainview, Texas; and feet along the West line of Westgate, Unit No. 1, WHEREAS, the City Council upon a consideration of said . petition, has found then 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 the 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 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 Section 26, Block JK -2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the present city limits of the City of Plainview, Texas, which is 500 feet Northwest from the West Right of Way of Highway Loop 274, said place of beginning being 737 feet West and 30.8 feet South of the Southeast Corner of Section 26, Block JK-2, Hale County, Texas; THENCE Northwesterly 1,113.5 feet along the existing city limit line to a point; THENCE South 89 56.3' W. at 672.5 feet pass a Northeast Corner of Westgate, Unit No. 1, Plainview, Texas, in all 747.5 feet at a point in the West line of Garland Street; THENCE N. 61 13.9' W., 741.78 feet along the North line of an alley to the Northwest Corner of said Westgate, Unit No. 1; THENCE S. 28 46.1' W., 210 feet along the West line of Westgate, Unit No. 1 to a point; THENCE S. 61 13.9' E., 10 feet along the South line of Holiday Drive to a point; - THENCE S. "28 46.1' W., 340 feet along the West line of Westgate, Unit No. 1, to a point; THENCE S. 61 13.9 E., 20 feet along the South line of Itasca Road to a point; THENCE S. 28 46.1' W., 150 feet along the West line of said Westgate, Unit No. 1, to its West - Southwest Corner; THENCE S. 61 13.9' E., 111.38 feet along the South line of an alley to a point; THENCE S. 30° 36.9' E., 25.82 feet to a point; THENCE South 201.05 feet along the West line of said Westgate, Unit No. 1, to a point; THENCE N. 89 56.3' E., 20 feet along the South line of 25th Street to a point; THENCE South 240 feet along the West line of said Westgate, Unit No. 1, to a point 30 feet South of the South line of said Section 26, Block JK -2; THENCE N. 89 56.3' E., 790.5 feet along the South line of a county road (24th Street) to the place of BEGINNING and containing 25.5 acres of land, more or less. The streets and alleys referred to above are as shown on the plat of Westgate, Unit No. 1, Plainview, Texas, as prepared by A. G. Bowden, P. E., and filed with the Planning and Zoning Commission of the City of ',Plainview, Texas; 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 'bn file with the City Clerk, petitioning the City Council to admit, incorporate, .nd 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 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, Texas. 146 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 / - day of April, A. D. 1966. By: M. L. City Clerk of the City of Plai view, Texas. STATE OF TEXAS STATE OF TEXAS COUNTY OF HALE X X 1 1 M. B. HOOD, Mayor, City of Plainview, Texas. COUNTY OF HALE WCA I, M. L. R, City Clerk of the City of Plainview, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 4,6 ng , adopted and enacted b the City Council of the City of Plain - view, Texas, at its meeting on , 1966, by unanimous vote of all members present, members of the City Council being present, and that said Ordinance is now of record in the Minutes of said City Council in Volume /3 , page 1,3,4 GIVEN UNDER MY HAND AND SEAL OF SAID CITY, this 6 tL day of A. D. 1966. M. L. City Clerk of City of Plainview,• Texas. A' 4 BEFORE ME, the undersigned authority, on this day personally appeared M. L. RAY, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed,, and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 6 'A$6, 6.. PUBLISHED BY ALLISON COMMUNICATIONS, INC. A � > p k s 801 BROADWAY — PHONE CApitol 4 -4343 — P. O. BOX 3K-2' '1Tale� Texas - } 2nd li'aun9ds' as folios Plainview, Texas BEGINNING at a point . in the ,.present' city liYdi0s vf'the City Of Plaiiroview, Texas, which is 500 feet Northwest from the West. Right of Way of Highway Loop 274, said place of beginning being feet West and 30.8 feet South of the Southeast Corner of Section 26, Block JK -2, Hale County Texas; THENCE Northwesterly 1,113.5 feet ) along the existing city limit line to a point; COUNTY, OF HALE THENCE S. 89 degrees Sfi.3' W. at ) 672.5 feet Ga prlanass d a Northeast Corner of J a I Westgate, Unit No. I, Plainview, Texas, feet along the North line of an in all 747.5 feat at a point in the West Street; THENCE N. 61 degrees 13.9' W., `741.78: alley thof e Um North t No. we1; Corner Coer of said West- Iine to gate, BEFORE ME, the undersigned authority, on this day personall3 feet TIIENCE along S. the 28 West degrees 46.1' W., 210 line of said West- gate, Unit No. 1, to a point; THENCE S. 61 degrees 13:9' E., 10 feet along the South line of Holliday Drive James B • Oswald Business Manager J. to a point; THENCE S. 28 degrees 46.1' W., 340 (Title) feet along the West line of Westgate, Unit No. 1, to a point; THENCE S. 61 degrees 13.9' E., 20 feet of the Plainview Dail Herald, newspaper of general circulation u along the south hue of Itasca Road Y � g p tQ a point THENCE S. 28 degrees 46.1' W., 150 feet Hale County, Texas, who stated on oath that the attached instrument net- the West line of said Westgate, Unit No. 1, to its West- Southwest - :Cor- THENCE S. 61 degrees 13.0'. 1,, 111.38 i feet along the South line of an alley lished in said newspaper on each of the following dates, to-wit: t THENCE t S. 39 degrees 36,,9' E., 25.82 feet to a point: M 7 ar.eh 7 1966 THENCE South 20L05 feet < along the 11, 1 A West hue of said Westgate, Unit No. 1, . 7 to a - point; THENCE N. 89 degrees 56.1' E., 2Q feet '� Business .Tana ei pnlnt; along the South line of 25th Street to a , . . THENCE South 240 feet along the West (Title) line of said Westgate, Unit No. 1, to point 30, feet South of the South line of ssid. Section 26, Block JK -2;. 1 f� (4;€15 THENCE N. 89 degrees 56.3' E., 790.5 f f feet along the South line , of a county I road (24th Street) to the place of BE- GINNING and containing 25.5 acres of I ,, land more or less. The streets and',' alleys referred to above are as.: shown ! an the plat of Westgate, Unit No. 1, Texas, as prepared by A. C. Bowden, P. E., and filed with the Plan- ning and Zoning Commission of the City of Plainview, Texaa. SUBSCRIBED AND SWORN TO BEFORE ME this lit the said public hearing will orableuherd estad persons to be heard at said public l' hearing. THE STATE OF TEXAS ) Published Every Afternoon Except Saturday With Enlarged S March A.D., 19 66 Plainview Daily h • Notary Public, Hale County, T4 The Best Investment For Your Advertising Dollar P M. 1966E ch, A.D. t fixation to t t eertain ' 3Uows; This notice is given in accordance with the provisions of Section 6 of the "Mu -:, nicipal Annexation Act" of the State of Texas, as amended, and said hear- ing is to he held for the purpose of complying with the said provisions of the "Municipal Annexation Alt." (Signed) MARSHALL PHARR City Manager, City of Plainview'. (March 71, 1966),: fl ORDINANCE NO. 66-926 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 BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW, HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; 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, by Wallace Cannon, James Cannon, Lonnie Cannon, J. J. Kirchhoff, and J. B. Malone, owners of the hereinafter described land, 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 Section 26, Block JK-2, Hale County, Texas, to-wit: BEGINNING at a point in the East line of Ennis Street, 760 feet North of the Southeast Corner of Section 26, Block JK-2, this point being the present city limits which is 500 feet Northwest of the West ROW of Loop 274; THENCE S. 89 56.3' W., 727.5 feet to a point in the West property line of Garland Street; THENCE North 590 feet to a point, THENCE N. 89 56.3' E., 727.5 feet to a point in the East line of Ennis Street; THENCE South 590 feet to the point of beginning and containing 9.85 acres of land, more or less; and WHEREAS, prior to the institution of .said annexation proceedings and pursuant to the said petition, notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainview . was duly given, by publishing same in the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and said public •hearing was duly held; 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 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 of the City of Plainview that the following described tract of land, to-wit: A tract of land out of Section 26, Block JK-2, Hale County, Texas, to-wit: BEGINNING at a point in the East line of Ennis Street, 760 feet North of the Southeast Corner of Section 26, Block JK-2, Hale County, a point being the present city limits which is 500 feet Northwest of the West ROW of Loop 274, THENCE S. 89 56.3' W., 727.5 feet to a point in the West property lire of Garland Street; THENCE North 590 feet to a point; THENCE N. 89 56.3' E., 727.5 feet to a point in the East line of Ennis Street; THENCE South 590 feet to the point of beginning and containing 9.85 acres of land, more or less; and all of which and lying and being si tuated in Hale County, Texa contiguous to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that the owners of said tract of land have petitioned the City'of Plainview to,annex all of said area and to make the „same subject to the jurisdiction of the City of Plainview, Texas. SECTION 3: It is found and determined that notice of a public hearing be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is found and 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 annexed to, and made a part of, the City of Plainview Texas. SECTION 5 : It is further determiued,and ordered by the City, Council of the City, of Plainview that the above described area from and after the d of.this ordinance be subject to the control and jurisdiction of the City of-Plainview and be 'subject to taxes and other assessments which `may be levied by lain by the City cif Plainview, Texas. ATTEST : PASSED," APPROVED .• L. L4.REA , : City Clerk AND ADOPTED,. '; B EGINNING at a point 4573.58 of the Southwest Corner of S Texas 5 a point . in the S otet t r THENCE Sdnth. 0e 12.4' nest 53 1HEN! E birth 70" t ' WeSt 179 orti4 10 ° 57 East 500 / , :' day of 1T • _HOOD, ;MAYOR, City of Plainviey ORDINANCE NO. . 66 -927 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 BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA' TO THE CITY OF PLAINVIEW;` AND MAKING SAID AREA SUBJECT TO THE JURISDICTION OP THE CITY OF PLAINVIEW, TEXAS WHEREAS, a petition has been signed and filed with the City Clerk of the City of Plainview, Texas, 'by Lonjon Inc., a Texas corporation, owner of the hereinafter described land, 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 Section 28, Block JK -2, Hale County, Test to-wit: eet North and 2174.88 feet East L ion 28, Block JK -2, Hale County, gh t of -way line of U. S.' Bighway 70; .. 23 feet to a point; 46 feet tti a point; feet th the #tied cif fig; Plainview' Legal Nicktig.A' , --, .. Published Every Aftern9qp:xff,,, fi-,:clay With Enlarged , pR ,6 , :,. L. . 4. -.L%, 'A - C ity .O,utiO1 4 O at the' regib +4" 0 ..,. D ai Council at the City" he- Clity4ef PlainvieW, texas;,,-WihnIng 70`'7:30 • . P.M. Pia on the AstIvittraur'flot APcil,' XL City of Plainview 'Pra; area and are'cii-s r L et' • 1966, pertaining tallWe'cm144*611)61tcri * inview ‘ of the Southeast - 'c ,.....a... , teags,,,, t BEGINNING at a fpaint hgA90 PUBLISHED BY ALLISON COMMUNICATIONS, INC. line of Ennis aTreec,,..4t: 4if.'Sectra.„- this laaiht bel g og , fqa - ' flank. 26, Block -11<-2c, vqwe-,keient • s66161V-14. 801 BROADWAY .— PHONE CApitol 4-4343 — P. 0. B01 propertY - I i ne,..,. - °,i' ,5 ,, 1.h TE e l \ o i'l S. limits whil of ,E, .. ) Plainview, Texas , gcres of land 1,- be ,held to provide giEri■IncE South 599 t9e . i h— . THENCE - N '' 7 5 feet to a Pcn ,I1 _ e,, 7 i= Street. t to the Plillt THENcE 1,10,".0;Ade ) T is visions of Section' r of the §,t9W-- ll'Ig.h. nate is giv c ction' 41' of ,,, of beginning r and contain 2 ,,• , , more Or'less: ) comolYi.hal Annexa iL PHARK, I 2 .. , The an opPortu e rlay,-; said public hearing w tp 1 7.„ c day persona, the prp of Texas, ing is to "M"icip MARSHALL tcrested persons at sdid upbc :i Q w tion I Annexcltiel - ,C a n d ,l , t i o r „. Cit of Ploipv!g\Y'" be held for .t, e p ._ , 1 - Texas. - ith ' the provisi trf "I\ A " n IC "Xl as Cini4nded 1 h a ,,,,ose 4 . - - n in gccordar9. the THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this Busine Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: James. April SUBSCRIBED AND SWORN TO BEFORE ME this April 5A.D., 19 66 1966 A. D. 19 Business IVIa (Title) The Best Investment For Your Advertising Dollar agQr Notary Public, Hale County, Texas 5th h day of , Plain Published Every Afternoon Except Saturday With Enlarged THE STATE OF TEXAS COUNTY OF HALE Plainview Daily I ) BEFORE ME, the undersigned authority, on this day personally appeared James B. Oswald Business Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: April 4, 1966 PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4-4343 — P. 0. BI Plainview, Texas A. D. 19 usiness Manager (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 4th April A.D., 19 66 . Notary Public, Hale County, Texas The Best Investment For Your Advertising Dollar Legal Notice day of NOTICE OF ANNEXATION PROCEEDINGS TO BE INSTITUTED' BY THE CITY OF PLAINVIEW A public hearing will be held by the Cify Council of the City of Plainview at the regular meeting of the City Coun- cil at toe City Hall in the City of Plainview, Texas, beginning at 7:20 P.M. on the 18th day of April. A.D. 1966, pertaining to the annexation to the City of Plainview of all that cer- tain area and areas bounded as follows! A tract of and out of Section 28, Block 4K-2, Hale County, Texas, to-wit: BEGINNING at xr4oint 4573.58 feet Nortn and 2174.66 ,feet East of the Southwest Cornd) of Section 28, Block JK-2, Hale t County., Texas, a Point in the South rightio way line of U.S. Highway 7 j& E South 0 degrees 12.4' Wdlft eet to a point; THENCE No arees 03' West 179.46 feet to a paint; THENCE North 19 degtees 57 East 500 feet to the ntai of beginning; The said ptiblic hearing will be held to provide an opportunity for all in- terested persons at' said public hearing. This notice is given In accordance wIth the provisions of Section 6 of the Municipal Annexation Act' of t h e , State of Texas, as amended, and said hearing is to be held for the purpose of complying with the provisions of the "Municipal Annexation Act." MARSHALL PHARR, City Manager, City of Plainview (4-4-56) and WHEREAS, prior to the institution of said annexation proceedings and p # ° pursuant to said petition, notice of a public hearing to be held pertaining to the institution.of said annexation proceedings by the City of Plainview was duly given, by publishing same in the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and said public hearing was duly held; 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 Plainview that said area be annexed to the City of Plainview; Now therefore BE IT ORDAINED BY THE CITY CQUNCIL OF THE CITY OF PLAINVIEW,•TEXAS: SECTION .1: It is found and determined by the City Council of the City o f Plainview that the following described tract of land, to-wit: A tract of land out of Section 28., 'Block JK -2, Hale County, Texas, to-Wit: BEGINNING at a point 4573.58 feet North and 2174.88 feet East of the Southwest Corner of Section 28, Block JK -2, Hale County, Texas, -a point in the South right -of -way line of U. S. Highway 70; THENCE South 0° 12.4' West 531.23 feet to a point; . THENCE North 70 03' West - 179.46 feet to-a point; THENCE North 19 57' East 500 feet to the place of beginning; and all of which land lying and being situated in Bale County, Texas, is contiguous to the City Limits of the City af Plainview, Texas. SECTION 5: It is further determined and ordered by the City. *Council of the City Plainview- that the above described area from and after the date of this ordinance be subject to the control. and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by laW -y' the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED, this �►..':. ] 196'6. AT : r✓,^..h' f �J��Ne X ' l�c ``t'1. .. x4� .:�* v §7 REA, .City: Clerk.` day of HOOD, `.MAYOR, SECTION 2: It is found and :determined that the owners of said tract of land have petitioned the City of Plainview to annex said area and to make the same subject' to the jurisdiction of the City of Plainview, .Texas. SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to'the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been duly given in accordance with the statutes of the State 'd- public hearing h a d„i hey SECTION 4: It is found and.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 annexed to,' and`made apart. of, the City: of. Plainview, Texas. ' City of "Plainview' ORDINANCE NO. 66 -928 AN ORDINANCE AMENDING ORDINANCE NO. 65 -889; PROVIDING THAT THE METHOD OF EXTENSION OF WATER AND SEWER LINES FOR INDIVIDUAL OWNERS AS PROVIDED IN SECTION 1.2 OF SAID ORDINANCE SHALL ALSO BE EXTENDED TO AND MADE AVAILABLE TO DEVELOPERS AND OWNERS OF PROPERTY WHICH HAS BEEN SUBDIVIDED', OR PLATTED FOR DEVELOPMENT AND RESALE. BE IT ORDAINED BY, THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Ordinance No. 65 -889 of the City of Plainview which was passed and approved by the City Council July 19, 1965 is hereby amended. by adding thereto a new section to be known as Section 1.2-a of said Ordinance, . which said Ordinance shall be read as though said Section .1.2 -a follows Sec tion 1.2 of said o >No. '65 - 889,.' which said added section sha .l be and read as follows: "Section 1.2 -a The method of extenditg and providing for water and sewer lines for individual owners as contained in Section 1.2 of -this Ordinance shall also be applicable to owners and developers -of 'subdivisions and property which has been subdivided orplatted for development and resale. It is the intention of this section to accord de- velopers and owners of subdivided,property and property subdivided and platted for development and resale, ordi- narily referred to as "subdivisions" the same method of construction or providing for water and sewer lines as - is, provided for individual owners by Section 1.2'of this Ordinance. PASSED AND APPROVED this A ., 1966. ATTEST: M. L. REA, City Clerk The rated idi s tt' [tE�E ftlf ORDINANCE. NO. 66 41g r char" ed for Such sew s dhal . t he t'c • B. HOOD Mayor AN ORDINANCE SETTING THE RATES TO BE CHARGES FOR SEWER CONNECTIONS AND FOR THE FURNISHING OF SEWER SERVICE AND SEWER DISPOSAL.. SERVICE IN THE CITY OF PLAINVIEW, TEXAS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN cgrtICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW SECTION 1: For the furnishing "o'f .sewer service and sewer connections by the City of Plainview, the said services shall be charged 'for by the 'City of Plainview in accordance with the rates her %inafter established and set out and the following are .,established.as; the . monthly rates to be charged: [a] Residential rates: Single Family Dwellings, 2.00 (Minimum); Duplexes, Apartment houses and Rooming Douses, First Unit, $2.00 (Minimum); Each Additional Unit, $1.00; [b] For all commercial establishments, including hotels., motels, and all other establishments, with the exception of residential dwellings, the rates to be charged for such sewer services shall be as follows: ce ft•r co wt Plainvievr • THE STATE OF TEXAS COUNTY OF HALE Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview Daily ) ) BEFORE ME, the undersigned authority, on this day personall sti ;he - ames B. Oswald Business Manager sewer, i of the Plainview Daily Herald, a newspaper of general circulation Plo i , rn e tipbee s eerr t: : rsh ; b1s dj11 (Title) est :511t abiThl, ment ov ' ::: mfW ofVQ rdfnr; .... ment shot of sewer f of the wo m theile h' . '4or pile ;; A. t' ,. th Business"Manal (Title) water; tded; b same iti lo ;e be, or is S E CT1' 9, m placed eiot esfabh-rM sewer - 'connect Z rvi for the payrne 'ill chotpe • SECTMN4 ZnI::h111 o ; heap water or sewer meet, ` deme, apartm bou;seT- heist ' ee mad' Notary Public, Hale County, Te o 1 - 4 Z '.7" f Hale County, Texas, who stated on oath that the attached instrument lished in said newspaper on each of the following dates, to-wit: April 29, 1966 PUBLISHED BY ALLISON COMMUNICATIONS, INC. WI BROADWAY — PHONE CApitol 4-4343 — P. 0. BO Plainview, Texas SUBSCRIBED AND SWORN TO BEFORE ME this A A.D., 19 66 . The Best Investment For Your Advertising Dollar 29f h mercial establishments shall be based the water used per month by said establishbent. The monthly rate for each such establishment using 3,000 gallons of water or l ess p month Shall be $2.00 per month. An addition- al charge shall be ibade for sewer service to each said establishment of 104 for each 1,000 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 commercial establishment shall be calculated on the basis of the water meter readings for the month for which the said charge is_made— [el Should there be an establishment, business or commercial, not using City water, or using City water for only a portion of its total water use , then the sewer rates for each such establish- ment in excess of the minimum rate of $2.00 per month shall be based upon the estimated gallons of water used by said establish- ment, the same to be arrived at on a basis that is reasonable and SECTION 2: These charges for the sewer services shall be made monthly . and shall be added to and placed upon the water bill for each residence, apartment house and commercial establishment for whom there is a sewer con - nection 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 sercice. SECTION 3: If the charges for sewer service are not paid within thirty days after it becomes 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 4: The tapping fee for connection with the City Sanitary Sewer System shall be $55.00. SECTION 5: Ordinance No. -800 of the City of Plainview, and Section 2 of Ordinance No. 60-918 of the City Plainview, and all other Ordinances The : annual. customer must comply' with the same _requirements,; rules and regulations for services that apply to all other customers. The discount. provided is intended only as a convenience to,eli.m inating the paying of a monthly bill and to provide water at a. reduced rate to encourage better yard maintenance and .a more beautiful city. . Any commercial firm, duplex, or apartment house applying for ,the annual rate shall be required to pay the-additional sewer service charge and the established sanitation ,charge' as provided in the current rate Ordinancee to be eligible for the annual rate. The rates to be charged for such sewer service for com- mercial establishments shall be based upon the water used per month by said establishment. The monthly rate for each such establishment using 3,000 gallons of water or less per month shall he 2.00 per month. An addition- al charge shall be rude for sewer: service to each said establishment of 104 for each 1,000 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 commercial establishment shall be calculated on the basis of the water meter readings for the month for which the said charge_is_ made. [c] Should there be an establishment, business or commercial, not using City water, or using City water for only a portion of its total water use, then the sewer rates for each such establish - ment in excess of the minimum rate of $2.00 per month shall be based upon the estimated gallons of water used by said establish - ment, the same to be arrived at on a basis that is reasonable and a c'Yt- g o o c c i be e t $ antage$ or s t na rate the as • herein provided shall, at the time he pays the annual rate of $85.00 per year in advance for water, also pay to the City in ad- vance the sewer service charges and the sanitation charges cover- ing the same period of time for which he has paid the annual rate for water based on current rates of the City for the sewer service charges and sanitation charges. To qualify as an annual rate customer, a person must pay to the Gitr of Pleiriview' entire stun : : pal service" on- - an - en nual'basis. The rates established in this Ordinance are subject to. change at the discretion of the City Council and these rates . are not considered to be contractual, but will only be yrorated to common rate change date should there be a rate change. The an -. nual' water rate shall not be assignable. The City of Plainview will make refunds on the unused monthly minimums only and no re- fund will be made on any unused portion of the original 200,000 gallons. No refund will be made in excess of the total water, sewer and sanitation billing to date, and no refund will be made from the annua]. payment or the deposit if there is any delinquent amount' owed to the .City of Plainview for utility service. The annual customer may establish his fiscal year (annual billing date) by making an annual payment, in full, on any given billing date or upon: any initial 'request ;for service. On the expiration o €. one. full . year should :there`be an unused balance of the initial prepaid 200,000 gallons,; the 'unused portion shall be voided and the customer shall begin with'a tern balance. Any, consumption in' excess af the '200,000 gallons shall become due with the regular monthly billing for the month the excess occurs and should the annual customer become :delinquent, the discontinuance of service and service charges s hall - apply the same as for all other cus- tomers. SECTION 5: Ordinance No. 800 of the City of Plainview, and Section 2 of Ordinance No. 66 -918 of the City Plainview, and all other Ordinances or parts of Ordinances in conflict he ewith are hereby repealed. PASSED AND APPROVED this ,day of A.D. 1966. ' ATTEST; CITY CLERK, ity of Plainview, Texas ORDINANCE NO. 66 -930 1 MAYOR,' City; of Plainview, ; Texas AN ORDINANCE FIXING THE WATER RATES OF -THE CITY OF PLAINVIEW, TEXAS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY :COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The City. of Plainview shall charge and collect, and every consumer of water shall pay, for water furnished by the City to the consumer, the amounts calculated by application of the rates to meter readings as pro vided in this Ordinance. SECTION 2: The following are established as the monthly rates.to be charged for water furnished by the City of Plainview for all consumers: The City shall make a minimum monthly charge of $3.00 for each consumer using City water. For the minimum charge, the City shall furnish to the consumer 3,000 gallons of water per month. For the next 7,000 gallons of water used by each consumer over and above 3,000 gallons per month, and not exceeding 10,000 gal - .. • _ • t sha 1� charge ga I Sons ; r the next 10,000 gallons of water<usedby each consumer over . and above 10,000 gallons per month, and not exceeding 20,000.gallons per month, the City shah. charge 35i per 1,000 gallons. For all water -used over and above 20,000 gallons per month, "by the con sumer, the City shall, charge 30t ,per 1 , 00 0 ;gallons`. SECTION !3: The City of Plainview - shall have an annual rate which, may. be accepted and used .by each consumer of water furnished by the City, which shall be as follows: Each consumer of water electing to take annual rates shall pay to the City of Plainview in advance the sum -of $85.00•per year. Each . consumer electing to take annual rates and making the payment in advance, shall be allowed to use, at no extra :cosit to ,him other than the payment of $85.00, the amount of 200,000 gallons of water per year. If the said user of annual rates uses in excess 200,t3U0 gallons of water per year, he shall .pay 30t for 1,000 ga1lttta Of water furnished him In excess of 200 000 gallettsu the aini uttt Of tMter used utdet this tate shall be computed frdts the tat teadi ppli+cal l , to t :e tttontfi . itt Which the said 85 :0 d ';ta the Vt , be #it ti ttg May it 196 to the ter reading t tt t11 is safte filo nt o t he ilticteedittg year. SECTION 2: These charges for the sewer services shall be made monthly'' and shall be added to and placed upon the water bill for each residence, apartment house and commercial establishment for whom there is a sewer con nection 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 sercice. SECTION 3: If the charges for sewer service are not paid within . thirty days after it becomes 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 4: The tapping fee for connection with the City Sanitary Sewer System shall be $55.00. O Plainview , Published Every Afterpaon xcpt. aturday With Enlarged SundatN,, 5■At6.6ilcit„, t ° 4,1 41, Plainview THE STATE OF TEXAS COUNTY. OF HALE BEFORE ME, the undersigned authority, I James B. Oswald Bu of the Plainview Daily Herald, a newspaper of Hale County, Texas, who stated on oath that th, lished in said newspaper on each of the following C --Pst)i-ii5litr(`I'-°'irci::11i Bef iry 4 by thewalok6 B 000” 'a 4 works de0Ortftle iFcTh1ath 'e Lippti se nd ,1I gree to 'oAid Code • e City relaf rg^ resWencefti ersons ih control of the business conduct Nen. 7 Att; ago*Otidne rice uflWnb 'tgo$ owner oreog April 29, 1966 t23,2) April A.D., 19 66 PUBLISHED BY ALLB 801 BROADWAY — PHO P Plain SUBSCRIBED AND SWORN TO BEI The Best Investment For Your Ad' „ECTAON 4; APFL!CATIOI c`�.soa "i6tib6...OS.'H�kA .• . • • . ••• • • : • • 4 . Notice CORRECTION FOR CITY LEGAL NOTICE ORDINANCE NO. M-930 Enlarged Sunday Morning Edition 2 TUESDAY, MAY 3, 1966 Plainview Daily Herald YOTIMILY SWISlie'WT 1, - lard B. Gwyn, III, Swisher; Michael H. Gentry, H e; Bill D. Hawkins, Swisher; Richard Albert Norton, Hale; John C. Martin, Floyd; Eliseo Martinez, Hale; Ale- jandro Recio , Hale; Ronnie L. Blakley, Hale; Doyle W. Driver, 5zezv, Texas SECTION 5: The tapping fee for con- nection with the City Waterworks Sys- tem shall be as follows: Hale; Albert M. Cantu, Hale; For 3/4 inch connection .... ..... 555.00 William E. Smith, Floyd; Rich- ard E: Campbell, III, Motley, For 1 inch connection . – ........ 390.00 For 11/2 inch connection • • . • .. ° - $ 175.00 Terry M. Carter,, Floyd; Mer- ' \ For 2 inch connection . – ..... 3300.00 lin Eugene Chapman, Swisher; Jesse H. Lindsey, Swisher; Mar- tin M. Garza, Jr., Floyd; d9 Horace L. Ellis, Jr., Swi,/,,4p e i 4. Hector Esqueda, Hale; z '' ,.§. € , s o NOW THRU TUESDAY . Rebeles, Hale; S ',4P ‘&\.6.z,.. ,'.-,6('' p Gaines Swisher; ,\'' , a„C ' -,.,6 '‘•. ' (.•9' , V \ , b. 4 , ,e, ' e ,, .,. ,,, .6 a • --s. Duke Hale Stei , -cz• c. ,,c, ok e , ..0 .,..., . Hale! “ . . , „ . . . . L...41,40- R r a 1 M - e : 6 6 . ‘‘ 6 2 , : ' ‘ ' . \ d ) , k . a ' ( ■ ‘ :c . :, , , , ,' 0 , ' ' ' . . - •-• , (5'...t§ S e• °;z:, e: , R - : I James B. Oswald C. \ .6k .i N.4. < ,, Ass ‘c 19: kt of the Plainview Daily Herald, a newspaper 6 p e cS3' Hale County, Texas, who stated on oath that the \ CCse e, , e , COMMUNICATIONS, INC. CApitol 4-4343 — P. 0. BOX e'eP lished in said newspaper on each of the following dates, April 29, 1966 • 7 9 0 A pril A.D., 19 66 The Best Investment For Your Advertising Dollar c.o , • BU.S.1./1 . \ c) 6cs 411 . . ......... Notary Public, Hale County, Texas fbe q .000 gaJtoiis. the 00 y WI11Ch in tnke um 1f 355.- .9ecfing to lie ay- , Ahan , (Title) `,.; ‘••.‘ .. .(‘ 0iJ 'te' 0 .0. *F. ‘-.ko SUBSCRIBED AND SWORN TO BEFORE ME this .29th ... day ¶ Q„ SECTION 5: The tapping fee for connection with the City Waterworks System shall be as follows: For 3/4 inch connection $55.00 For 1 inch connection $90.00 For 1 -1/2 inch connection $175.00 For 2 inch connection $200.00 SECTION 6: Sections 77, 78, and 85 of Article IX, Chapter 2, of "The. Code of the City of Plainview, Texas, 1957" are hereby repealed. Sections 1, 2, and 4 of Ordinance No. 66- 918'are hereby repealed. '. All other Ordi- nances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 7: Thi ;Ordinance shall be in force from and after its Pas- sage and the rates herein established shall take effect arid be charged in the computation of all statements for water charges commencing April 1, 1966. The rates prescribed hereby for the use of water are;.the same as the rates prescribed in Ordinance No. 66 -918, except that the annual rates prescribed hereby have been added. PASSED AND APPROVED this / day of A ".., 1966. ATTEST: CITY CLERK, City of Plainview, Texas MAYOR, City :of Plainve i, Texas BE IT ORDAINED BY THE CITY COUNCIL OF - THE. CITY OF Ptxruvrow SECTION 1: THE CITY OF PLAINVIEW UTILITY DEPARTMENT. There is hereby created the "City of Plainview Utility Department. It shall be a separate and independent department of the City. All revenue. derived .from this source shall constitute a special fund: to be used first for the payment of all expenses of the water and - sewer systems, and the operation of the water and sewer systems of. the City of Plainview, . the retirement, and pa ment of all revenue bonds of the City of Plainview obligating the revenues of the City water and sewer systems. SECTION 4: The charges for water based on the rates as set out in Sections 2 and 3 above shall be determined by the amount of water used as measured by meters. ORDINANCE NO. 66 -931 AN ORDINANCE PRESCRIBING POLICIES OF THE CITY OF PLAINVIEW IN REGARD TO THE FURN] :SHING OF WATER AND SEWER UTILITY SERVICES; PROVIDING REGULATIONS PER- TAINING TO THE CONNECTIONS OF USERS OF THE CITY'S WATER AND SEWERS1STEMS• PRESCRIBING REGULATIONS PERTAINING TO THE OPERATION OF THE CITY'S WATER AND SEWER SYSTEMS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH. SECTION 2: DEFINITIONS. Wherever the terad "water works department" of the City of Plainview is used herein, the same shall refer to the depart meant of the City of Plainview supervising the operation of . the City ' s public water system and the su}plying of water by the City. SECTION 3: SEPARATE ACCOUNT TO BE KEPT. The City Manager, of the City of Plainview shall require that there shall be kept a separate account of all funds received and disbutrsed fat the account of the City Utility Depart: ,.fnent, and the Warrants drawn against this fund shall state on its fate that same i diraia i aiii st' said , 'fund and the purpose therefor: SECTION 5: RESIDENCE OR 'PLACE OF BUSINESS FOR WHICH. APPLICATION AC- CEPTED DEEMED BONA FIDE ONE OF APPLICANT. [a]; Where an'application is ac cepted for water service, for business or residence purposes, it shall be considered the bona fide residence or business of the application and should water services be discontinued for nonpayment 'of bills or for other infrac- tions of this title, no new application will be accepted from the'owner, agent or any other person to continue service in such place under any,'othex name, so long as such place is occupied by the original applicant ass .the bona `fide residence or place of business of `same, until after all bills ,and penalties, damage to waterworks equipment, and other service charges have been paid in full or some form or agreement has been reached. RESIDENTIAL: SECTION 7: CASH DEPOSIT TO BE MADE ; WITH APPLICATIONS BOND IN - LIEU OF DEPOSIT. As security to guarantee the payment for all water and services furnished, by the City of > Plainview, :a deposit shall be made with, the water works department at the time of making applicatibn for water service, the minimum: amount of which' shall be as follows::, e -1 0.00 Multifamily on one meter First Unit $10.00 Each additional unit $5.00 COMMERCIAL: Minimum $10.00 Est. 1-1/2 times monthly bill [b] The Director of Municipal Services may, at his discretion, require a cash deposit that would be sufficient to protect the City from losses that may be maintained over a period of three (3) months, or he may require an additional deposit if, for any reason, the amount of deposit becomes less than the amount originally required through the schedules above set up. 11 - [c]; Any and [di In case a. person making a deposit becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors, or for any reason fails to pay the City for water furnished,' then in any such event >the 'City shall have the right to apply the deposit to the bill that may be outstanding. • As a courtesy, application for water may be accepted by telephone; pro - vided, that in such cases, the contract for service will be mailed to the applicant and must be signed and returned, together with the required de- posit, within five (5) days from the date the application for service was made by telephone. If the signed •application, together any required deposit, is not received by the waterworks department within five (5) days from the date. application for service was made by telephone, service covered by the appli- cation shall be'discontinued until application and deposit are made in per son by the applicant at the , offices of the waterworks department. [b] Should water services be furnished -by anyone to a tenant, it shall be considered additional service to the applicant and the provisions hereof shall apply in.the same manner. pp Y SECTION. 6 : ' �OMISSION'OF PROPER INFORMATION FROM APPLICATION. Any 'con - sumer who shall discontinue '.the place of.business or move from his residence and leave a "bill for :water .service .or any other services due the City of Plainview,' and shall make application for service -at some other" address,, either under' hie own name or under different name, without stating tp the waterworks department of the,Cityfof Plainview the old address and name under which water was used at the address where'there is a bill due, shall be deemed .guilty of "a misdemeanor. all sums of money collected, or hereafter collected as a J epo 1 u i ng - tt e "wateworks - department; against dosses tE"ia mayTe sustained when a consumer discontinues the use of water shall be deposited.`' in a special fund, to be used for the payment' or ad4ustment of final amounts` due the department for grater used when an account is being closed; provided. however, that such funds or deposits fray be used by the City as a working capital ,for the making of permanent improvements in` the water department, but such funds shall never be teduced, - a, point where the current adjust- manta or closing of accounts could not be met. S1.ould the use of these fonds a,a a working capital treats a deficit to the point where - the cutrettt a djiis t ints t iitEhdiat.ials st d elosifig of a a cild not be sit then 04 fOROf@FF@d: ff f i t fuo4# ticem H goll@fat S g t1 revenues of the water department to provide a sufficient active fund for that purpose [el Any deposiAlfmmdeOPTAPP4he2PrOvisions of this section, for wat or sewer services`at the address shown on the original application, may he transferred by the Director of Munici.pal,Services to any subsequent address of the same original applicant, at the written or. oral request of the appli- cant, signer of the . application, or depositor. SECTION 8: WATER USED IN CONSTRUCTION CHARGED TO PROPERTY OWNER; NON - PAYMENT OF CHARGES. Where water is used in the construction or repair of property, such water shall be charged against the owner of the property. Where such water has not been turned on by the waterworks department for use on the, premises, such water shall not be turned on until such charge is paid. Where water is already turned on, and where such charges are not paid, it shall be turned off in the same manner as may be turned off for any other delinquency in payment. . Where water has been discontinued by the waterworks department and it " TS - that additional water has been used, - and where appli- cation has not been made, the same shall be charged against the owner of the property and service shall not be turned on for a new applicant until payment is made or agreed to for the water used while the property was ap- parently unoccupied. Where it is determined that the property was occupied without application, the water used shall be charged to the new occupant. SECTION 9: JOINT USERS; MOVING TO DIFFERENT LOCATIONS. [a] Where water or sewerage is supplied to more than one family or occupant through a single service the City will not undertake to apportion the charges for such use of water or sewerage among the owners, occupants, or families; but the bill for such use of water or sewerage will be charged against the owner or occupant in whose name the account stands, except . that if the one in whose name the account stands fails, refuses or is unable to pay such bill, any other owner, occupant or family who has used any of the water of service shall be responsible for the unpaid water or sewerage bills. Such unpaid bills may "Be cause for refusing service to the same address ,.unit the .amount past due is •paid. [b] Where any consumer is liable to the City fir water or sewerage charges at one address and is thereafter located using water or sewerage at.some other address, any amounts due for service furnished at any previous location may be transferred to the customer's account at the new location and the water or sewerage service may be discontinued at the new location until, all valid accounts past due are paid. [el Should. any person mover lath any premises supplied with water from the City mains, without making a written application in the .manner. provided therefor, and.use'water, then such'person shall become responsible for all water used from date of .the'last reading previous to their occupying such Premises and the failure to pay same shall be cause -for disconnecting service until the amount due is. paid. SECTION 1.0: DETERMINATION CIF SIZE AND. TYPE OF.METER AND SERVICE The . superintendent of the waterworks department shall determine the and number of meters and services to be installed or used on any water ser vice to any building -or division of space in a building, or property subdi- vision. SECTION 11 :, WATER FURNISHED PO DEPARTMENTS OF CITY.. All water fur- nished to the various departments of the City shall be paid for by such departments out of appropriations made by the City, Council for their respec- tive oPerations. SECTION 12: tNO WATER TO BE FURNISHED CONSUMERS OUTSIDE THE CORPORATE LIMITS OF THE CITY OP PLAINVIEW. The City of Plainview shall not furnish any water to any consumer when the water is to be used in any way or manner outside the corporate limits of the City of Plainview, except that the City may, in the discretion of the City Council, furnish water for industrial purposes to industries locating outside the City Limits of the City of Plainview on a contract basis.. The City water system, including lines necessary to furnish water to consumers, shall not be constructed nor laid outside the City Limits of the City of Plainview, except that, in the discretion of the City Couiil said lines may be consttUcted or laid for the furnishing of City water to itidus- tries when a contract for the furnishing of City water has been tide and entettrd into and apptovad by tesolttion in writing passed by the City Council ^" %'' RA A Mcrae bgig 4t;- t00AgAt tvniig tee v40 eity city Flainv*ew. SECTION 13: METERS REQUIRED; SELECTION OF LOCATION. Only water measured through a meter shall be supplied to consumers and all consumer water service shall be metered. Meters for service within the City will be furnished, installed and maintained by the water department. The superintendent of the water department shall direct and select the location and installation of all meters. SECTION 14: BILLS;. DELINQUENCY; CUTTING OFF SERVICE; FEE FOR COLLEC- TION SERVICE. The charges provided for by this Chapter for the various classes of service shall be payable monthly upon bills rendered by the waterworks department of the City of Plainview and shall be paid to the City of Plainview, Utility Department. The charges provided for herein shall become delinquent ten (10) days after said bill is rendered and as printed on the face of the bill. The bill as rendered shall be the net amount of the bill. All bills shall be considered rendered when sent to the customer by the accounting and collections division of the Utility Department and the failure to receive any such bill by any consumer shall in no manner relieve such consumer of the duty and necessity of paying for water or sewer service furnished under the terms herein specified. It shall be the duty of the Director of Municipal Services, upon the failure or refusal of any person, firm or corporation to promptly pay within ten (10) days from date of delinquency any charge or charges levied and assessed under the terms of this Chapter, to discontinue such water or sewer service and refuse further service to such person, firm or corporation until said charges are paid or satisfactory arrangements for payment have been made. Provided, however, the Director may at his option extend the time for pay - mentfor one (1) additional month before discontinuing such water or sewer service. In addition, the sum of $2.00 is hereby assessed for making a service call for the purpose of cutting off service for failure on the part of the customer to pay water or sewer service or installment charges or for the purpose of collecting a delinquent account, or for both if both purposes are accomplished in one service call. The service may not be reinstated until all amounts then owed by the customer for the account at the premises where service is cut off are paid in full or until the customer or his agent has made arrangements satisfactory with the Director of Municipal Services to pay said amounts in full. In the event service is reinstated the promise of the customer to pay and must again be cut off because of failure on the part of the customer to pay, an additional charge of $2.00 may be assessed. Should collection be required for the purpose of collect- ing a check given by the customer in payment of a water bill, said check having been presented to the bank and the bank having not honored said check, a charge of $2.00 may be assessed. SECTION 15: METERS TO BE '.READ MONTHLY; ESTIMATED CHARGE WHEN METERS CANNOT BE READ. All meters, as nearly as possible, shall be read once a month and bills rendered therefor* If the meter reader is unable to pro- cure a reading of a meter, because ingress to the meter is obstructed in any manner, or entrance to premises is made precarious by vicious dog, or otherwise, an estimated charge shall be made of the amount of water consumed. SECTION 16: NECESSITY FOR NOTICE TO DISCONTINUE SERVICE. All rates and charges for service to consumer's premises shall accrue and be charged against consumer until such time as written notice, given by consumer or by his duly authorized agent, to discontinue all service to consumer's premises is filed with the waterworks department; except that where service is sup- plied through more than one meter to consumer at the same premises, con - sumer may, upon written notice to the waterworks department, permanently discontinue the service through one of the meters and thereafter be billed on the basis of the remaining services and meters. Upon receipt of written notice of such permanent discontinuance, the waterworks department will remove the meter and service. SECTION 17: APPLICATION FOR WATER, WHEN MOVING INTO PREMISES; NOTICE OF REMOVAL. In case any person shall move into any premises, he shall file an application for water service in accordance with the provisions of this chapter before using any water from the service connections for such premises. In case any consumer shall change his place of residence or business, he shall, within twenty -four (24) hours after such change, give notice thereof to the Utility Department Of the Ci SECTION fly: OWNERS OF PROPERTY TO GIVE NOTICE OF VACANCY. It shall be the duty of the dwt1e*s tit agents of property to Which water is ft:traa .shed by the wetetwot6 de #art` .t k8niietete with the wat works depattmbttt by 6'0 t . i omit tt ' H b „ ee e t &wen, the owners or agents o rbe pr9FertY shall be liable for a water charges against such property until such notice is given or a new ap - , ;+1. tce tion is filed. SECTION 19: REFUSALo0 ER Te 1 R �DS LINQUENCY. Service shall not be furnished to any person who is delinquent in the payment of any bill for water or sewerage service. Service shall not be furnished to anyone at an address where there is an unpaid bill incurred by the owner of the property or incurred on his behalf until such owner or some other person has paid the, bill or has made satisfactory arrangeMents to pay said bill. SECTION 20: UNLAWFUL USE OF WATER. It shall be unlawful for any per- son to prevent by any means the free passage of water through any meter belonging to the waterworks department or used in connection with the sup - ply of water to any consumer by the waterworks department, or to prevent or cause the meter to not register the amount of water passing through the meter, or to intentionally prevent a meter from duly registering the quan- tity of water supplied, or in any way interfere with its proper action or registration. SECTION 21 UNLAWFUL USE OF WATER. It shall be unlawful for any per- son, without the consent in writing of the superintendent of the waterworks department, to intentionally divert any water from any pipe or pipes of the waterworks department ar otherwise use or cause to be used, without the con - sent of the waterworks department, any water produced or distributed by the waterworks department. SECTION 22: UNLAWFUL USE OF METER. It shall be unlawful for any per - son to retain possession of or to refuse to deliver any meter or other appliance loaned to him by the waterworks department for the purpose of furnishing water through the waterworks department. SECTION 23: USE OF WATER WITHOUT APPLICATION OR PERMIT. It shall be unlawful for any person or persons to use water from the waterworks depart - ment without an application or permit. SECTION 24: USE OF WATER WITHOUT APPLICATION OR PERMIT. It shall be unlawful for any person to turn on the City water for use on his premises after the same has been, for any reason, cut off by the waterworks depart- ment without first securing a permit from the waterworks department to turn on the water at such place. SECTION 25: CONTROL OF METERS AND WATERWORKS EQUIPMENT GENERALLY. All meters, curb cocks, valves and meter boxes connected with the waterworks department mains and service pipes, including those furnished at the expense of the consumer or property owners, shall remain under the direct control of the waterworks department. SECTION 26: UNLAWFUL USE OF METER. It shall be unlawful for any per- son other than those authorized by the waterworks department to connect, disconnect, move or tamper with any such meter or to turn on or off the water at the curb cock, valve or meter, or to open, move or tamper with any meter box, or for anyone to open any meter box in any way except with a regulation meter box key. SECTION 27: USING OR FURNISHING WATER WITHOUT PERMISSION. It shall be unlawful for any person to take or use water from the waterworks system of the City of Plainview, except under the terms and conditions specified in this chapter® SECTION - 28: UNLAWFUL USE OF WATER. It shall be unlawful for any owner or occupant of property to furnish water to any person occupying other prem ises for :any purpose whatsoever without the written consent of the waterworks department.. SECTION 29: BY -PASS BETWEEN METER AND MAIN. It shall be unlawful for any person or persons to install or maintain a by -pass or connection between the meter and the main except as may be installed upon written permission from the waterworks department and subsequently inspected and approved by the waterworks department prior to actual use thereof. SECTION 30: OBSTRUCTION OF ACCESS TO SYSTEM GENERALLY. It shall be unlawful for any person to place upon or about any fire hydrant, gate valve, manhole curb cock, meter or meter box connected with any water pipe of the waterworks system of the City of Plainview any object, debris or structure of any kind, so as. to prevent free access to -the same at all times. r SECTION 31: DESTROYING, DEFACING, ETC., EQUIPMENT. It shall be unlaw- ful for any person to willfully injure, deface or destroy any reservoir, machinery, pipes, hydrants, meters, meter boxes, lids or other fixtures, properties or supplies belonging to the waterworks department. SECTION 32: CONNECTING TO OR TURNING ON WATER WITHOUT PERMISSION•, INTERFERENCE WITH SYSTEM GENERALLY. It shall be unlawful for any person to make a connection with the waterworks system of the City, or to turn on or use water supplied by the City water system of the City of Plainview without first having obtained a permit to do so from the waterworks depart - rent. TION 33: UNLAWFUL TO INTERFERE WITH WATERWORKS PROPERTY. It shall be unlawful for any person to interfere with any water meter, service, main, standpipe or any other waterworks property. SECTION 34: REPAIRING METERS,; TESTING METERS; FEES. [a] All water meters furnished by the waterworks department shall remain at all times the property of the City, and shall be maintained and repaired, when rendered unserviceable through fair wear and tear, and renewed by the waterworks department, When replacements, repairs or adjustments of any meter are rendered necessary by the act, neglect or carelessness of the owner or occu- pant of any premises, any expense caused to the waterworks thereby shall be charged against and collected from the owner of the premises, and if not paid, services shall be discontinued. [b] When any consumer of water is of the opinion that the meter through which the water is supplied is incorrect for any reason, he may make applica- tion to the waterworks department to have the meter examined and tested. In the event the meter is found to be correctly metering water for use of the person requesting that it be checked, a fee for the testing of the meter shall be as follows: For 5/8" meter . . • •. . . . .. . . . . . . . $2.00 For 3/4" meter . . . . . . . . . . • 2.00 For 1" meter .. . . . 0000 *00. • 2.50 For 1 -1/2" meter • • • • . . . . . . . . . . 4.00 Fo r 2" meter •• . . . . . . . OOOOOOOOOO .• 5.00 The fee for all larger meters, when such a fee is required, shall be based upon the actual cost of the work or a minimum of $5.00, whichever amount is greater. jc} . In the event the meter, after being checked, is found to be incor- rectly metering the water by as much as two per cent (27), no charge shall be made for testing the meter. [d] In the event that a testing of the meter determines that the meter has been metering two per cent (2%) more water than has actually been passing through the meter, an adjustment shall be made for the charge made for water for a period of three (3) months prior to the testing of the meter. In such instance another meter will be substituted for the meter not metering the correct amount of water flowing through it and, in such event, no extra charge shall be made for the furnishing of the new meter nor the testing of the old meter. SECTION lit e rtment may, a re ted with the SECTION 35: USE OF WATER FROM FIRE HYDRANTS. Fire hydrants are pro - vided for the sole purpose of use to extinguish fires and are, to be used and opened only by the waterworks department or fire department, or such person as may be given written authority by the waterworks department. SECTION 36: UNLWAFUL USE OF FIRE HYDRANTS. It shall be unlawful for any person to conduct or carry away any water from any fire hydrant without a written permit from the waterworks department. SECTION 37: LIABILITY FOR INTERRUPTED SERVICE. All persons having boilers, air conditioning equipment or other water consuming devices, which may become damaged due to interruption of water service, and which are sup - plied directly with City water, do so at their own risk. The City shall not be liable for any damage that may occur on account of the water being cut off for any purpose, or on account of the breaking of any pipe or fixes tune by pressure of the water from the City mains, SECTION 38: RESERVE WATER SUPPLY FOR BOILERS. Where City water is used to supply a boiler, the owner should provide a tank of sufficient capacity tb afford a supply of at least tWel4ve (12) hbhrss into Which tank the service pipe will be di Ethaiget erWorkS N :raises cOtt iieoessary pur- SECTION 40: EXPOSING' "s E S F IiY ITS TO DAMAGE; MOVING METERS OR HYDRANTS. It shall be unlawful to construct driveways or any other structures or construction in such manner as to ,expose any meter or fire hydrant to damage from traffic. Whenever the property owner requests`ie moving of any meter or fire hydrant, such cost shall be at the expense of the property owner. In such case the property owner or contractor shall make application to the water- works department to have such structure moved. Upon approval by the water - works department, the property owner or contractor shall be furnished with an estimate of the cost of such moving. Upon deposit of such estimated sum, by the property owner or contractor, the waterworks department shall proceed to make the desired change in location of the structure. SECTION 41: UNLAWFUL CONNECTION TO SERVICE. It shall be unlawful for any person to connect to any service until the meter has been installed and approval has been secured from the waterworks department. SECTION 42: INSPECTIONS; RIGHT OF ACCESS TO CITY EMPLOYEES; BADGES AND CREDENTIALS OF EMPLOYEES. [a] No person other than an authorized officer or employee of the waterworks department shall have any badge or credential of the waterworks department. .It shall be the duty of each officer and employee of the waterworks department, upon resignation or dis- missal or termination of duty or employment by any other manner, to surren- der and deliver to the superintendent of the waterworks department at his office all badges and credentials, tools or other property belonging to the waterworks department. [b] Any such officer, inspector, foreman or authorized employee of the waterworks department shall, upon presentation of his badge or other credentials provided for in the next preceding paragraph, have free access at all reasonable hours to any premises supplied with City water for the purpose of making an inspection thereof or for reading meters. [c] In case any such authorized employee shall be hindered or pre - vented in making such examination, the waterworks department may cause the water to be turned off from such premises without notice to such owner or occupant of said premises. [d] The plumbing inspector of the City shall make inspections of all service pipes, connections, utilities or fixtures installed for the purpose of receiving City water, and in the event same shall not be approved by the plumbing inspector, the waterworks department shall refuse or discontinue water service to such premises. SECTION 43: SERVICE CHARGES FOR TURNING WATER OFF. There shall be a service charge of $2.00 for turning water off temporarily at the request of the customer or his agent, except that the superintendent may waive such charges where the necessity for turning water off is created by an emergency. If a customer requests discontinuance of service at an address where he has had uninterrupted service for a period of time so short that the only bill for service rendered would be the final bill, such billing will be com- puted as though service had been furnished for a full billing month. SECTION 44: INSPECTION AND VERIFICATION OF METER READING; ADJUSTMENT OF ACCOUNT. In any 'case where there appears to be a gross discrepancy in • the amount of a water bill, or in the reading of a meter, an inspector will be sent from the Utility Department to verify and inspect the reading of the meter. SECTION 45: LIABILITY FOR WATER DAMAGE. The City of Plainview shall not be liable for any damage by reason of the breaking of any pipe or service cock, or the collapse of any water heater or boiler. The City of Plainview shall not be liable for any damage resulting from defective plumbing, broken or faulty services or water mains, or any damages resulting from any condi- tion of the water itself or any substance that may be mixed with or be in the water as delivered to the consumer and all water furnished by the City is subject to the terms and conditions of this section. SECTION 46: TURN -ON CHARGE AFTER DISCONTINUANCE TO ENFORCE PROVISIONS OF THIS ORDINANCE. In any case where it becomes necessary to discontinue service in order to enforce any of the provisions of this Ordinance other than those provisions relating to collection of amounts due the waterworks department, a charge of $2.00 will be made and collected before the water 18 turned on again. This charge shall be in addition to any other charges due* ATTEST SECTION 47: DISCONNECTION FOR VIOLATION OF RELATIVE PROVISIONS OF ORDINANCE. The City, acting by and through its superintendent of the water - works department, shall be authorized to disconnect either the water or sanitary sewer service, or both, to the premises of any person found violat- ing any of the terms and provisions of this Ordinance with reference to the installation or use of water or sanitary sewer service, or both. SECTION 48: REPEAL OF ORDINANCES IN CONFLICT HEREWITH. This Ordinance shall repeal every prior Ordinance and provision of the City of Plainview Code in conflict herewith but only insofar as the portion of such prior Ordinance or provision shall be in conflict, and as to all other Ordinances or provisions of the City of Plainview Code not in direct conflict herewith, this Ordinance shall be and is hereby made cumulative. SECTION 49: SEVERABILITY CLAUSE. If any part or parts of this Ordi- nance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this Ordinance. The City Council 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. SECTION 50: EFFECTIVE DATE OF RATES. The rates prescribed in this Ordinance shall be placed in effect with the May, 1966, billing, after the date of its passage and publication as required by law, and it is so ordained. "'PASSED AND APPROVED this the 66. CITY CLERK, Cityof lainview, Texas ORDINANCE NO. 66 -932 AN ORDINANCE GRANTING TO J. G. BREWER, DOING BUSINESS UNDER THE ASSUMED NAME OF BACKGROUND MUSIC SERVICE CO., THE PRIVILEGE OF ERECTING WIRES ACROSS NORTH BROADWAY STREET IN THE CITY OF PLAINVIEW FOR THE PURPOSE OF INSTALLING BACKGROUND MUSIC FOR MERCHANTS IN THE DOWNTOWN SECTION OF THE CITY OF PLAIN- VIEW. WHEREAS, it has been made known to the City Council of the City of Plainview that merchants in the downtown section of the City of Plainview desire to install what is known as background music; and WHEREAS, it has been represented to the City Council of the City of Plainview that the installation of the equipment will all be on private property, with the exception that the installer, J. G. Brewer, doing busi- ness under the assumed name of Background Music Service Co., desires to put wires across North Broadway Street from buildings on the west side of said street to connect to buildings on the east side of said street at four (4) different places; and WHEREAS, the City Council has agreed that said wires may be so erected subject to the following terms and conditions of this Ordinance; NOW, THERE- FORE .es .o Ines shall t e ins in _t may and man na BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: J. G. Brewer, doing business under the assumed name of Background Music Service Co., is hereby given, permission to place wires across North Broadway Street at four (4) different places or locations, two (2) to be on North Broadway Street between Seventh Street and Eighth Street, and two to be on North Broadway Street between Seventh Street and Sixth Street. The said wires are to be connected to the buildings on either side of the street and are not to be attached to poles or any other installation located on the street right -of -way. SECTION 2: The wires so installed are to be installed and maintained in such away that they will not interfere with the use construction and Maintenance of telephone iineaf eieci;.tic ptw t`'liness ot cable teieviSidt litter. 5 ed iz am anne consis that will. prey nt them from SECTION 4: The said wires at o be: at ' least a P feet above the ground at,their lowest point. SECTION 5: The term of this grant and permit is for a period of one (1) year, but it shall be subject to renewal on written application of the said J. G. Brewer, doing business under the assumed name of Background Music Service Co., SECTION 6: This permit and the privileges hereby granted shall not be assigned in whole or in part without the consent of the City Council of the City of Plainview so expressed by resolution reduced to writing and signed by the Mayor and certified to by the City Clerk. SECTION 7: All installations pertaining to said lines made by the said J. G. Brewer, doing business under the assumed name of Background Music Service Co., shall be made in a good,substantial and safe condition and shall be maintained in such condition at all times. SECTION 8: Nothing in this Ordinance shall be construed as the inten- tion of the City Council of the City of Plainview to grant permission to erect said liners on private property. The said J. G. Brewer, doing business under the assumed name of Background Music Service Co., Grantee herein, shall obtain permission in writing from the owners or lessees of the build - ings to which he attaches the wires herein referred to. SECTION 9: At any time said wires cease to be used to carry the back- ground music, the same shall be removed immediately. SECTION 10: [a] J. G. Brewer, doing business under the assumed name of Background Music Service Co., shall indemnify and save the City whole and harmless from any and all claims for injury or damage to persons or property occasioned by or arising out of the construction, erection, main - tenance, operation or repair of said wires or lines or any other appurten- ance in connection therewith or any other operation or action in connection with the maintenance of said wires or lines. The said J. G. Brewer, doing business under the assumed name of Background Music Service Co., hereby agrees to indemnify and save harmless the City of Plainview from all claims, damages and liability which would not have arisen but for the exercise by J. G. Brewer, doing business under the assumed name of Background Music Service Co., of the rights and privileges herein described. J. G. Brewer, doing business under the assumed name of Background Music Service Co., like - wise waives all claims, damages and liability he could ever assert against the City of Plainview as to all claims, damages, and liability which would not have arisen but for the exercise by J. G. Brewer, doing business under the assumed name of Background Music Service Co., of the rights and privi- leges herein described. [b] The said J. G. Brewer, doing business under the assumed name of Background Music Service Co., the Grantee herein, shall file with,the City Clerk of the City of Plainview a certificate of insurance showing that he -has in effect a policy of liability insurance against personal injury in the amount of $100,000.00 and property damage in the amount of $50,000.00, which said policy shall also include the said J. G. Brewer, doing business under the assumed name of Background Music Service Co., contractor's liabil- ity insurance to insure his indemnity agreement with the City of Plainview under Subsection [a] above of this Section 10 of this Ordinance. 161 SECTION 11: The City of Plainview shall not under any circumstances be liable for any cost or expense in connection with the entire background music project, undertaking and proposal hereinabove described and referred to. SECTION 12: This Ordinance and the conditions of this agreement may be extended to other blocks in the City of Plainview by motion of the City Council, but the terms and conditions hereof shall apply wherever wires or lines for said background music are installed or erected across City streets or alleys in the City of Plainview. SECTION 13: J. G. Brewer, doing business under the assumed name of Background Music Service Co., shall have ten (10) days after the passage of this Ordinance in which to file his written acceptance thereof with the governing body of the City, and upon such acceptance 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 agreements herein contained and such acceptance shall constitute the agreement of J. G. Brewer, doing business under the assumed name of Background Music Service Co., in considera tion of the privileges hereby granted by the City, to keep and perform all of the terms, conditions and provisions of this Ordinance; and all of the + '4D ATTEST. tovo y q.Y�s his CITY CLERK, City of Plainview AN ORDINANCE PROHIBITING PARKING ON EITHER SIDS OF WEST FIFTH STREET FROM DENVER STREET WEST TO THE CITY LIMITS OF THE CITY OF PcLAINFIEW; AND PROVID+ /WA PENALTY FOR THE VIOIATICO THEREOF. W EBAS, congestion of traffic on West Fifth Street in the City of 'Plainview, Texas, makes it advisable to prohibit the parking of motor whim clew of any kind on either side of West Fifth Street from Denver Street Went to the City Limits of the City of Plainview, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CODICIL or THE CITY OF PIAXNVIEW: SECTION 1: Parking any kind of motor' vehicle an either side of West Fifth Street from Denver Street West to the City Limits of the City of Plain• View is hereby prohibited. SECTION 2: No person shall park or cause to be parked a motor vehicle, automobile, truck, truck tractor, or motor vehicle of any kind on either side of West Fifth Street from Denver Street West to the City Limits of the City of Plainview. SECTION 3: Any person who shall violate or fail to comply with any of the provisions of this Ordinance shall be deemed gutity of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum of ndt 1 less than One Dollar ($1,00) nor-more than TM* Hundred Dollars ($200.00). PASSED AND APPROVED ED this1 18th of April ,. ,A .D., , 1966. .' MAYca, City of Flaimview STi CLERKS City of ,. Latoviow ORDINANCE NO. 66 -931 ,. terms and conditions and provisions of this Ordinance shall upon such accept - ance be a binding agreement and contract between the City of Plainview and 3. G. Brewer, doing business under the assumed name of Background Music Service Co. PASSED ANTD APPROVED A.D., 1966. day a z /7/ MAYOR, City of Plainview Plainview.' AN ORDINANCE .7,10tGITING,P, ARK- Published Every Afternoon Except Saturday With Enlarged ING ON EITi-,ER*, IDE OF - WEST FIFTH STP.4ET FRO „DENVER si WEST TO TH , LIMITS OF TPI: CITY OF f-M ; AND PROVIDiNG A PENALTY OR THE VIOLATION THEREOF. WHEREAS, congettion! of traffic on West Fifth Street in the City of Plain- view, Texas, makes it advisable to pro- hibit the parking of motor vehicles of any kind on either side of West Fifth Street from Denver Street West to the City Limits of the City of Plainview, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAIN- VIEW: THE STATE OF TEXAS ) ) COUNTY OF HALE Plainview Daily L PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4-4343 — P. 0. 330 6 Plainview, Texas BEFORE ME, the undersigned authority, on this day personal James B. Oswald Business Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was in pub- lished n said newspaper on each of the following dates, to-wit: July.10,.1966 A. D. 19 42-m44-6 1 erze4.!4_,,, Business Manager (Title) SUBSCRIBED AND SWORN TO BEFORE ME this jul A.D., 19 66 2. 10th d o f Notary Public, Hale County, Texas The Best investment For Your Advertising Dollar LEGAL NOTICES ammthiakir6.933 SECTION 1: Parking any kind of motor vehicle on either side of West Fifth Street from Deriver Street West to the City Limits of the City of Plain- vIeW is hereby prohibited. SECTION 2: No person shall park"or cause to be parked a motor vehicle, automobile, truck, truck tractor, or motor vehicle of any kind on either side of West Fifth Street from Denver Street West to the City Limits of the City of Plainview. SECTION 3: 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 shalt be punish- ed by a fine in a sum of not less than One Dollar ($1.00) or more than Two Hundred Dollars (5200.00). PASSED AND APPROVED this 18th day of April. A.D., 1986. (Signed) M. B. HOOD MAYOR, City of Plainview ATTEST: (Signed) M. L. Rea CITY CLERK, City of Plainview (July 10) , For the following purpose: For transfer to Department, Account No.'�13_4- 2, :for:repairs on 955 Traxcavator WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is. declared to be an measure thereby creating a public necessity that the rule requiring proposed ordinances /to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the' - date of its passage. ` A � I T . ~ IS M S OfORD.FRED. GENERAL FUND Citk Manager AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate'certain specific funds out of General funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General _fund, to -wit ORDINANCE NO. 66 -534 AN ORDINANCE DETERMINING AND 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; ORDER- ING THAT SAID STREETS OR PORTIONS OF SAID STREETS SHOULD BE IMPROVED BY PAV ING SAID STREETS; DIRECTING AN ENGINEER TO PREPARE AND FILE COMPLETE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS AND TO PREPARE AN ESTIMATE OF THE COST OF . SUCH . IMPROVEi ENTS; DETERMINING THAT. A PORTION OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY' AND • .ASSESSED' AGAINST THE ABUTTING. PROP ERTY AND .THE REAL AND TRUE OWNERS THEREOF AND THAT A PORTION OF SAME SHALL BE PAID BY THE CITY OF PLAINVIEW; AND DETERMINING TO CONSTRUCT SAID IMPROVE -.; ^MENT`AND TO LEVY SAID ASSESSMENT UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF THE ACTS OF 1927, 40TH LEGISLATURE OF THE STATE OF TEXAS, FIRST SESSION, CHAPTER 106, AND KNOWN AS ARTICLE 1105-B VERNON'S REVISED CIVIL STATUTES OF TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The :City =` Council of the City of Plainview, Texas, does an • e termine , that. o puf 1c: ne4eesity exists and requires that fo .low i g porta,c ns of the cleGi gia to l._a - t e_ts_.a.u-.-thp City of 1P7.a *nvicw, ---=- Texas,: c NFME Bullock St.';• 'Givens St. Ash St. Brazier St. C&rver' St. North Broadwa ' 3 Ash St Wayland St. Oakland St.' West 19th: St. Houston St. West 17th St. West 16th St:' 15th St': Kokomo St.° W. 14th St.. W.' 14th St. W. 14th .St.` W. 14th S t . . : t• W. 14th St. -. W, '14th St. Independence'S Independence: S W...13th St.` W.- 13th St W. 12th St. 12th. St. 12th St. honila be improved as here i0 fi FROM EPL of Austin St..- EPL of Austin St,,, !( NPL:of Givens St. EPL of Austin St. a` ..EPL of Austin St. ;; x NPL of Campbell St.`. NPL of Campbell St. 5, NPL of West 19th St. k ' Leave out E. Side 150 fee N. of :West 16th St.' EPL of El Paso St. `` NPL of 18th St.: Alley E. of. Galveston ,St. EPL Joliet St. } •. li feet W. Houston St. .�!.' EPL Portland St. NPL 14th St. EPL Portland St.' Alley E. of . Nassau EPL of Milwaukee St. ..: EPL of`Kokomo St Leave out N. Side EPL Joliet St. EPL .Tridependence'St.- NPL 13th St..' r Leave out E. Side - Railroad Alley West of Nassau St.` Alley West of Joliet . Leave out S. Side - 140 feet' W. of `Lexington St.` 't EPL Lexington•"St`._ EPL Joliet St; j r 1 ORDINANCE NO. { 3 � - id•ed, to -wit: TO WPL of Beech St. WPL of Beech St. SPL of Bullock St. ,WPL .of Beech St. ;WPL of Beech St. 'SPL of Brazier St. it?SPL of'Brazier St. SPL of West 20th St. - • 200 feet ; E. 200 feet N. WPL of Columbia St. WPL Alley E. of Joliet ;WPL of Oakland St. Railroad WPL`=Na St. L Milwaukee St. 'WPL Lexington St. WPL' Joliet St. WPL Independence St o', WPL Galveston St, Railroad SPL 14tht St. WPL Milwaukee St. WPL Joliet WPL Lexington St. WPL Kokomo St. WPL Independence St. WPL E1 Paso St. ' CA 1 W.. 12th St. W. 12th St. Gray St. Nixon St. Escuela St. . San Felipe Ave. ; Milwaukee St Fir St. Dallas St. r' W. 7th St. W 7thSt. W .7th`S t . Denver.St. Amarillo St. E.: 2nd St. S. Ash St. ) S. Ash St. S. Ash St. Southeast 7th .S E. Creptway S. Beech St. S. Beech St. Southeast :10th St. . Alpine Dr'. and Park St. .W... Ilth. St.. Independenc 28th St. Fresno St. W. 23rd St. :W. 21st St. Portland St Oakland St,. Milwaukee 'St.. • W.23rd Sty.; < " W.i 22nd St,. W.: 20th Sty W. 20th St. r ? W. 20th St. W. 18th St. d. W. 18th St. W. 18th St. W.. 16th St. i i W. 15th St. W. 13th St. Milwaukee St. Galveston St.;:F Galveston St''' Fresno St. t. El Paso St. El Paso St. E. 13th St., Cedar St. E.:.. 9th St.: 8th St. E 7th St. E. 4th St. Fir. St. E., 3rd St. EPL Joliet St..` EPL'Fresno St. EPL Davidson EPL Davidson EPL E1 Camino.Dr. NPL Escuela St. Alley S. .of' W'. llth St.. NPL -E. 9th St, w . 386 feet S. o Hwy 70 Leave out N. Side " - EPL Canyon .St. . Eli. Amarillo. St. ' Alley W of. Yonkers Leave :out E'. Side, - "140' fee S of NPL W. 2nd St. 140 feet W. of Beech St. NPL Southeast St. Alley S. of Southeast 6th St. Alley S. of Southeast 4th.Sti Leave out N. Side EPL S. Ash St. NPL of Alpine Dr. NPL of Southeast 10th St.:; NPL of Southeast.7th St. Leave out N. Side' EPL of S. Beech St. Leave out N. & S ` Side ;EPL of E. Crestway Leave out N. &' :S :.Side , EPL of S. Columbia 150 ,feet. S. "of W. 6thSt. EPL.of El. Paso NPL of .24th S t EPL of' Portland St. EPL of Portland St. SPL' of W... 21's't' St. SPL . of. W. NPL of W. 23rd St.. EPL of Galveston St. EPL of Galveston St. EPL of: Kokomo St. EPL of Galveston.St. 200 feet. E.'; of El Paso EPL o f' Kokomo Et. . EPL of'Independence St. EPLof. El Paso St. EPL of Houston. St.. EPL of Lexington'S.t.'' EPL ..of Joliet St. NPL of'.W..15th St. NPL'of W. 19th NPL: of W. -21st St..` SPL of W. 13th St.' NPL.of W. 13th.St,: ; NPLof W. 16th EPL of Beech St.:.;, .. NPL. of Panhandle' &` Santa. Fe R.R. EPL of Elm St. Alley W. :'o f ' Date EPL.of:Cedar .St. EPL of Elm St. NPL of 3rd St. EPL of Date ,St. WPL Independence St. WPL El Paso St. .WPL El Camino Dr. WPL E1 Camino Dr. EPL San Felipe Ave`.` ,SPL 14th St. :SPL W. llth St. SPL E. 10th St. SPL' U.S.. Hwy 70 Alley E. of Canyon Alley E. of Amarillo 'WPL Yonkers • ...SPL .6th St' :186 'WPL SPL ,NPL SPL feet N. of W. 2nd St..: Beech St. Southeast 7th St. Southeast 6th St. ., Southeast 4th St..' 'WPL S. Beech St. SPL Southeast 10th St. SPL Southeast 8th Pt. SPL,Southeast 4th St.': WPL of S. Date St. `WPL of S. Date St. WPL SPL WPL NPL .WPL WPL SPL SPL SPL ;350 ;WPL WPL 200 WPL WPL WPL WPL .WPL WPL .WPL SPL NPL 'SPL SPL 200 SPL WPL of W. Alpine Dr. of W. 6th St. of N. Columbia of 29th St. of Kokomo St. of Oakland St. of W. 24th St. of W. 22nd St. of W. 24th St. _feet E. of El Paso of El Paso of Independence feet E. of El Paso of Columbia St. ' of Joliet of Galveston of Columbia St. of Fresno St. of Fresno St. of ,:Independence St. of W. 16th St. of W. 20th St. of W. 24th St. of W. 17th St. feet N. of W. 13th St. of W. 24th St. '. of Date St. SPL of Campbell St. WPL.of Panhandle & Santa Fe R.R. 192 feet W. -of Groove St. WPL of Date St`. EPL of Grove St. SPL of 4th St. "W'PII of Panhandle & Santa Fe R.E. , . • atb 1st 6 18th St. 14th St. .'10th St.` W. 8th St.'; Canyon St. Anar3.110 St.' W. 5th St. W. 4th St. Xenia St. Wayland. St. ;`Jefferson St .' 16th St. W.: 16th St. W. 13th St. W. 8th St. "W. 7th St.. Denver St.. W. 4th St. `W. 3rd St. Southwest 3rd Southeast 4th W.. 6th St. Yonkers St. Utica. St. W, 13th St. ,; k W. I4th St. , W. 14th 'St. EE` Xenia St. W.. 7th. St. !Grove S.`Broadway'` E. 24th St'. Eants St. 11th St. - Austin St.'. ently Rev of S*:: Ash FS:t ef°ffersPn, St.ri All'eY' W. of .Dallas °St EPL of Garland St. EPL of Amarillo St. Leave' out 'E.& W. NPL of W.' 4th St. NPL of W. '4th `St." EPL, of Amarillo St. ' Leave out.. N. & S. Situ EPL of Canyon NPL of 1.1.S.Hwy' NPL Of- U.S.RWY 70 .SPL of 14-. 16th St. EPL .of. Jefferson St Leave out S. ' side ; Yi .EPL of `Dallas St.., EPL of 'Galveston St EPL` of Yonkers St:.. EPL of.Yonkers SPL of W. 4th St. EPL of .Denver St.. EPL of Columbia St. St.; %'.EPL of Columbia St. ' EPL of S. .Beach St. WPL of Joliet St. Leave out E: Side 2 - 140 feet; S. 'of - 20thSt. NPL of 19th St. EPL of Canyon St. fi EPL of Yonkers': EPL of Wayland St.'.; NPL of W 10th St,' Leave..out S. Side 11 fee . W. of Zephyr 'St.. Leave out N : &S. Side EPL of .. ..Date St. 221 ' feet, S; ....ofr. E.. 4th S.t i4 tteee 9, Chapter 106, SECTION-a: U S.Hwy :87. WPL of Wilson St. NPL o = - R WPL of Broadway _'..NPL of W. '4th St.'. SECTION 2.'; ' -'Said :port TO WPL of S., Beech .St.: WP of . s st . r; A 1 1e y " E'. o f D a11 a s St' WPL of Ganyon ' WPL of Yonkers S t. SPL of U.S. Hwy 70 ` 100 feet N. of W. "nth St • WPL of Yonkers St. `WPL of Yonkers St. SPL of W. 6th St. SPL of W 6th St. NPL of W. 18th St. Alley W. of Holliday , WPL .of Canyon St. WPL of. Columbia SC WPL of Vernon St. 'EPL of Utica St. SPL of W. 5th St. ;:.WPL of Austin. St. WPL of Austin St. WPL of Broadway WPL of S. Date ,WPL of Houston St , . ': " of Zephyr St: ,WPL of Elm St. , SPL of 4th St. SPL of 20th St. .. SPL of 24th St.; WPL of Borger WPL of Xe St. WPL of Utica St. 140 feet N. of W. 10th 'Ste SPL of St. Louis St. ' F.M. Road No 400 SPL W t S ,WPL of Date St. SPL' of W.'..5th St. designatxed streets shall be per is ,inpoved by excavating; here de exrni,`ned other a.nc tree evin ments and assessments therefor. Wing, ,grading, n cessOr ti by ` the..e iiece to �prope 'roesd gr avel ` b �nS'talli�r�g concre The ..engineerin irm of Parkhill„ Smith and Coo e curbs. ineers J eroinafter nazne� r construction and drainage a id ase surfed w th'ra double -"o triple asphaltic surface .course, ;all in the manner as provided by the Act *1 ' 40th Legislature of ,the State of Texas y First Called Session, Page nG. 3 said Act being also known as Article 1105 -B, Vernon 1 s ' ed Civil Statutes ofv the State of Texas, and relating to street improve- forthwith and present to the City Council complete plans and specifications for the proposed improvements and said engineers are further directed to prepare an estimate of the cost of such improvements. SECTION 4: The City Clerk is hereby directed to file a notice of the enactment of this Ordinance and the action herein taken with the County. Clerk of Hale County, Texas, for recording on the Deed Records and the Mechanic's Lien Records of said County. acting as engineer for the City of Plainview, PASSED AND APPROVED this 2nd day of May, A.D., 1966. r CITY CLERK, City of Plainview, Texas MAYOR, Gity of 1ainview, Texas. ORDINANCE NO. 66-936 are hereby directed to prepare AN ORDINANCE ASSERTING THE CORRECTNESS OF THE PREAMBLE; RATIFYING ORDINANCE NO. 66 -935 OF THE CITY OF PLAINVIEW, WHICH ORDINANCE DETERMINED AND DECLARED PUBLIC NECESSITY FOR THE IMPROVEMENT OF CERTAIN DESIGNATED STREETS'IN THE CITY OF PLAINVIEW, TEXAS, SPECIFIED THE NATURE AND TYPE OF SUCH IMPROVEMENT, 'ORDERED THAT SAID STREETS OR PORTIONS OF SAID STREETS SHOULD BE IMPROVED BY PAVING SUCH STREETS, AND DIRECTED AN ENGINEER TO PREPARE AND FILE COMPLETE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS AND TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS; ESTABLISHING THE MANNER OF EFFEC- TUATION AND METHOD OF PROCEDURE THEREOF; DESIGNATING AND SEPARATING UNITS OF WORK; ALLOCATING DIVISION OF PAYMENT OF COST; PROVIDING RULE FOR APPOR- TIONMENT OF COST; FIXING TIME, TERMS AND CONDITIONS OF PAYMENT OF COST; PRO- VIDING AND DEFINING ASSESSMENTS THEREFOR; SPECIFYING NATURE OF ASSESSMENT 'LIENS AND PERSONAL LIABILITY; PROVIDING FOR ISSUANCE AND PROVISIONS OF ASSIGN- ABLE CERTIFICATES IN EVIDENCE OF ASSESSMENT FOR COSTS; AND DIRECTING THE ENGINEER HERETOFORE APPOINTED TO COMPLETE PLANS AND 'SPECIFICATIONS FOR THE IMPROVEMENT OF DESIGNATED UNITS AND TO PUBLICLY ADVERTISE FOR SEALED COMPET -' ITIVE CONTRACT BIDS WITH SPECIFIED CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: By Ordinance No 66 -935 passed and approved by the City Council of the City of Plainview at its regular meeting held at the City Hall in the City of Plainview on May 2, 1966, it was found and determined by the City Council that a public necessity exists and requires that the following portions of the desi nated streets in the City of Plainview, Texas, should be improved as provided in said Ordinance, said portions of said designated streets in the City of Plainview being as follows:' NAME Bullock St. Givens St. Ash 'St. Brazier St. Ca rver' S t . North Broadwa A.:h St. Wayland St: Oakland St. West 19th St. Houston St. 'West 17th St.'. West 16th St . W.'. 16th St. W.`, 15th St. Kokomo St. W : 14th St; 'W,114th,St/. W.t:14th St. W. 14th St. W.1.14th%St. W. I4th St. Independence Independence W_13th St. W.;13th St. W 1 St. 12th St. . St. W. 12th. St. Gray S,t. Nixon St. Escuela St.'' San Felipe Milwaukee : St! j rir St. Dallas St. W,,; 7th St. 7th .St. 7th St.. Denver St. Ax:.arillo St.: E. 2nd St. S.! Ash St. S. Ash St. S. Ash St. E.. Crestway S. Beech St. S. Beech St. Southeast 10th E. Alpine Dr. 3R FROM .EPL of Austin St.;. EPL, of Austin St.. q NPL .of Givens St. EPL of Austin St. !'.EPL of Austin. St. >NPL of Campbell St. NPL of Campbell St., NPL of West 19th ,Leave out E. Side - 150 N. of West 16th St. YR EPL of El Paso St. NPL of 18th St.. Alley E. of Galveston :S ;EPL Joliet St. ' Leave out N. Side - 140' feet W. Houston St. EPL Portland St. NPL 14th St. } EPL Portland St.' ;Alley E. of Nassau St.- EPL of Milwaukee St. EPL of Kokomo St. Leave out N. Side - EPL Joliet St. ,.EPL Independence St. NPL 13th St. Leave out E. Side - Railroad Alley West of Nassau St Alley West of Joliet Leave out S. Side 140 W. of Lexington St.,. EPL .Lexington' St. EPL Joliet St. EPL Fresno St.. EPL Davidson EPL Davidson. EPL El Camino Dr. NPL Escuela St. Alley S. of W. llth NPL E. 9th St. 386. feet S. of U.S. Hwy' 70 Leave out N. Side EPL Canyon St. EPL Amarillo St. Alley W. of Yonkers Leave out E. Side -. S. of 6th.St. ,. i "ROM TO WPL .WPL SPL ,WPL WPL ;SPL SPL 'SPL NPL W. 2nd St. 140 feet W. of Beech St. NPL Southeast 8th St.` Alley S. of Southeast 6th St. Alley S. of Southeast 4th St Southeast 7th St Leave out. N. Side EEL` i S.' Ash St.• NPL of Alpine Dr. NPL of Southeast 10th .St. NPL of Southeast 7th St. Leave out N. Side EP1.'' of S. Beech St. eave out N. &'S ".Side; .:EPL f N,I . CrestVay de ;i ,,EPL of Beech St. of Beech St. of Bullock St:'' of Beech St. of Beech St. of Brazier St. of Brazier St. of West 20th St. %200 feet E. :200 feet N. WPL of Columbia St.` WPL Ailey E. of Joliet';' WPL of Oakland St. Railroad WPL Nassau St. :WPL Milwaukee St.: 'WPL Lexington St. !WPL Joliet St. { WPL Independence S ;WPL Galveston St. :Railroad 1 SPL 14th St. ;WPL Milwaukee St. WPL Joliet WPL•Lexington St. WPL Kokomo St. WPL Independence Sc. WPL El Paso St. WPL El Camino Dr.. WPL E1 Camino Dr. .EPL San Felipe Ave'. :SPL 14th St. SPL W. llth St., ::SPL_E. 10th St. SPL U.S. Hwy 70 Alley E. of Canyon - Alley E. of Amarillo WPL Yonkers' SPL 6th St. TO 186 feet N. of W. 2nd St. WPL Beech St. SPL Southeast 7th St. NPL Southeast 6th St. :SPL Southeast 4th St.. :WPL S. Beech St. ;SPL Southeast 10th St. SPL Southeast 8th $t. SPL. Southeast 4th ;;t. WPL of S. Date St.. WPL of S. Date St.. � . ro.p ine ur :4 and Park St S.W:.. filth. Independence S 28th St. Fresno St. W. 23rd St. W. 21st 1 St. Portland St. Oakland St. Milwaukee S t W. 23rd St. .W., 22nd St, W..20th St. W. ;, 20th St. W. 20th St. W`. 18th St. W. 18th St., '`. 18th St. W. 16th St. W. 15th $t. W. 13th St. Milwaukee Galveston St. Galveston St„ Fresno St. EiPaso St. El Paso St. E. 13th St. Cedar St: 9th St. 8th St," E. 7th St.`` E. 4th St. Pit St. E 3rd. St -Southeast 6th St W. 18th. St. W. 14th St. W.'10th St. W. 8th St. Ctnyon St.. . Amarillo St -W.'5th St. W. 4th St. Xenia St. ,Wayland St. Jefferson St. ,W. 16th St.. W.`16th Stc • W.13th St _-,W.' 8th St. W. 7th qt. Denver St.: •W. 4th St. W. 3rd St. Southwest 3rd Southeas 4th 1 w. 6th St.• ' Yonkers St-. Utica : St. 'W. St.' W.14th St: W.'14th St.: St '.,cave out ►., aaue: ,. ' . c, ra, of E.. Crestway Leave out N. &`S Sid of S. Columbia 150 feet S. of,W. 6th St. EPL of El Paso NPL of 24th St-. EPL of Portland St,. EPL of Portland St. SPL of W. 21st St. SPL of W. 21st St. NPL of W. 23rd St. EPL of Galveston St. EPL of Galveston St. EPL of.,Kokomo St. EPL of Galveston St. 200 feet E. of El Paso j EPL'of Kokomo St. EPL of Independence Stt. EPL of El Paso St. EPL Houston St. EPL of Lexington St.': EPL of Joliet St. NPL of W. -15th St. NPL of W. 19th St. NPL of W. 21st St. SPL of W. 13th St. NPL of W. 13th St.. NPL of W, 16th. St. EPL•of Beech St. NPL of Panhandle ,& Santa Fe EPL of Elm St. EPL of S. Ash St. :EPL of Jefferson St. 'Alley W. of Dallas St' EPL of Garland St. EPL of Amarillo St. Leave out E.& W.Side NPL of W. 4th St..: NPL of W. 4th St. EPL of Amarillo St. ry Leave out N. & S. Sider EPL of Canyon St. NPL of U.S.Hwy 70 NPL of U.S.Hwy 70 SPL of W. 16th St. EPL of Jefferson St,. I Leave out S. side . EPL of Dallas St. EPL of Galveston St. EPL of Yonkers St. ,EPL of Yonkers St. SPL ofW. 4th St. EPL of Denver St. EPL of Columbia St. St.:? EPL• of Columbia St. St. , EPL of S. Beech St. Alley W.'ofDate St.. EPL of Cedar St EPL of Elm St. NPL of 3rd St. EPL of Date.. St. " WPL of Joliet St. Leave out E.' Side - S. of 20th St. fNPL of 19th St. EPL of Canyon St. EPL of Yonkers EPL of Wayland St. PL of W. 10th St.. WPL of S. Date St. WPL SPL WPL NPL WPL WPL SPL SPL SPL 350 WPL WPL 200 WPL WPL WPL WPL WPL WPL, WPL SPL NPL SPL SPL 200 SPL WPL of W. Alpine Dr. of W; 6th St. of N. Columbia of 29th St. of Kokomo St. of Oakland St. of W. 24th St. of W. 22nd St. of W. 24th St. feet E. of El Paso of El Paso of Independence feet E. of El Paso.; of Columbia St. of Joliet of Galveston of Columbia St. of Fresno St. of Fresno St. of .'Independence of W. 16th St. • of W. 20th St. of W. 24th St. of W. 17th St. feet N. of W. 13th St. of W. 24th St. of Date St.': SPL of Campbell St. WPL of Panhandle & Santa Fe R.R. 192 feet W. of Grove WPL of Date St. EPL of Grove St. SPL of 4th St. WPL of Panhandle &. Santa Fe R.R. WPL of S. Beech St. .WPL of Ennis St. . Alley E. of Dallas St. WPL of Canyon St. `.WPL of Yonkers St. SPL of U.S. Hwy 7Q 100 feet N. of W. ` 1th WPL of Yonkers St..' ,WPL of Yonkers St. SPL of W. 6th St. :SPL of W. 6th St. NPL of W. 18th St. -Alley W. of Aiollida 'WPL of Canyon St. WPL of Columbia St. :WPL of Vernon St.,, !EPL of Utica St. ;SPL of W. 5th St.' .WPL of Austin. St... WPL of Austin St.. WPL of Broadway WPL of S. Date WPL of Houston St. SPL SPL of 20th St. of 24th St. WPL of Borger WPL of Xenia St. WPL of Utica St. 140 feet N. of W.:__10th.St. 170 7th St:` Leave out S. Side -' 114 feet W. of Zephyr St. Leave out N. &S.. Side EPL of Date St. 221 feet S. Of E, 4th U.S.Hwy 87 WPL of Wilson St• . NPL of Itasca Rd. WPL of Broadway NPL of W. 4th St. EPL of Zephyr St. WPL of Elm St. SPL of 4th St. ,SPL of St. Louis St.` F.M. Road No. 400 SPL W. llth St. WPL of Date St. SPL of W. .5th St and by said Ordinance the City Countil of the City of Plainview did ordain that said designated portions of said designated streets be permanently improved by excavating, filling, grading, installing concrete curbs and gutters, where determined necessary by the engineer appointed in said Ordinance, and other incidental work necessary to proper construction and drainage, and by paving with caliche or processed gravel base surfaced with a double or triple asphaltic surface course, all in the manner and as pro- vided by the Acts of 1927, 40th Legislature of the State of Texas, First Called Session, Page 489, Chapter 106, said Act being also known as Article 1105 -B, Vernon's Revised Civil Statutes of the State of Texas, and relating to street improvements and assessments therefor; and the said City Council did by said Ordinance appoint the engineering firm of Parkhill, Smith and Cooper, Inc. as engineer for the City of Plainview, and directed said engineer to prepare forthwith and present to the City Council complete plans and specifications for the proposed improvements and to prepare an estimate of the c,,, aLc.,, improvements. The City Council of the City of Plainview does hereby and by this Ordinance ratify and confirm said Ordi,t.ce No 66 -935 and does hereby and by this Ordinance find and determine the !- rectness of all of the findings and determinations made by said Ordinance No 66 -935 of the City of Plainview. SECTION 2: The specified improvement of any specific unit or combina- tions of specific units as herein designated or as may be hereafter desig- nated by resolution or Ordinance of the City Council of the City of Plain- view pertaining to the improvement of the above enumerated streets or por- tions of streets in the City of Plainview, shall be initiated and effectu- ated by Ordinances drafted in accordance with and in conformity to the pro - cedure established and outlined by the Acts of 1927, 40th Legislature of the ,State of Texas, First Called Session, Page 489, Chapter 106, said Act being also known as Article 1105-B, Vernon's Revised Civil Statutes of the State of Texas, and as provided in Chapter 9, Title 28, Revised Civil Statutes of Texas, 1925, as amended, the terms and provisions of which are hereby adopte by the City . of Plainview. SECTION 3: The specific improvement of any specific unit as herein 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 affected by the improve - ment or assessment in any other such unit. SECTION 4: The allocation of payment for the specified improvement each specific unit as herein designated shall be as follows: [a] The dotal cost of the proposed paving of each of said units shall be the total cost of improvements, including expenses of engineering and other expe : n ?dent to the construction of the improvements in addition to aiY other costs of the improve- ments. [b] The cost of the curb and gutter to be installed shall be the cost ofthe curb and gutter as bid by the contractor for that portion of the curb and gutter which will be parallel to and of the same length as the abutting property frontage. [c] The cost of the construction of the other improvements shall be the cost of all other construction other than the cost of the curb and gutter as hereinabove referred to. [d] The property owner shall be assessed for and shall pay all of the cost of the curb and gutter running parallel to and the same length as the abutting property frontage owned by said abutting property owner. [e] The property owner's share of the total cost of the curb and gutter shall be calculated as 100% of the cost of the curb and gutter parallel to and running the length of the abut - ting property frontage, plus 85% of the remaining cost of the construction of the improvements on "front streets" (as that term is herein defined), and 707. of the remaining cost of the con- struction of the improvements on "side streets " (as that term is herein defined) [f] The City's share of the total cost shall be calculated as 15% of the cost of the construction of improvements on "front streets" (as that term is herein defined) excluding the cost of curb and gutter, and 30% of the cost of the construction of im- provements on "side streets" (as that term is herein defined) excluding the cost of curb and gutter. [g] On streets or portions of streets hereinabove enumera- ted that are already paved on both sides of the street, the prop - erty owner shall pay the total cost of the curb and gutter, and the City will pay the balance of the cost of the paving. This will apply only to streets that are already paved on both sides of the street but which do not have curb and gutter. [h] On streets or portions or streets that are paved to a width of more than 41 feet, the property owner's share of the cost shall be the total cost of curb and gutter running parallel to and the same length as the abutting property frontage owned by the abutting property owner, and 85% of the balance of the total cost of the improvements, including engineering expenses, on "front streets ", and 70% of the balance of the total cost of the improve- ments, including engineering expenses, on "side streets ", calculated on a basis of 41 feet of paving; and the City shall pay the bal- ance of the costs caused by the paving of the street to a width in excess of 41 feet. [i] On streets or portions of streets that have both paving and curb and gutter already, the City will pay the total cost of the improvement to that portion of the street that already has curb and gutter and paving. [U] In connection with the above assessment, should it ap- pear at the hearing to be held before the final assessment is made, that the special benefits to such property, by way of en- hancement of value thereof by virtue of such improvement, will not aggregate such proportion of the cost specified above, then there shall be assessed and shall be paid by such abutting prop- erty and the owners thereof a lesser amount, not to exceed the benefits of the said improvement. 172 [kJ The City of Plainview, after deduction of the sum as- sessed against the abutting property and the owners thereof as hereinabove provided, shall pay the remaining cost of said im- provement; but in no event shall the City pay for more than 15% of the cost of the improvements to "front streets" not including the cost of curb and gutter, nor more than 30% of the cost of the improvements to "side streets" not including the cost of curb and gutted except as provided in subsections [g], [h], and [i] above of this Section 4. [1] Railways using, occupying or crossing any portion of a specific unit or any part or portion of any street or streets hereinabove referred to, described and designated, shall be as- sessed for and shall pay for the entire cost of such improvement in the area between their rails and tracks, double tracks, turn- outs and switches and two feet on each side thereof. [za] The term "front street" as used herein means that portion of a street upon which a residence or building is facing. The term "side street" as used herein means that portion of a street running along the side of a residence or building. Where a residence or building is not constructed upon the lot or lots, then "front street" shall refer to that portion of the street running along the front of the lot as platted and "side street" shall refer to that portion of the street running along the side of the lot as platted. In the event it is difficult to determine whether or not a lot is abutting a front street as hereinabove defined, or whether or not a lot is abutting a side street as hereinabove defined, then the narrowest portion of said plot of ground as described in the deed to the individual owner shall be considered the portion of the lot abutting a front street and the longest portion of said plot of ground as described in the deed to the individual owner shall be considered the portion of the lot abutting a side street. SECTION 5: 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 abut- ting property and owners thereof in accordance with the Front Foot Plan or Rule. 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 inequal- ity, the said Council shall apportion and assess said costs in such propor- tion.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 apportion- ment, so as to produce a substantial equality of benefits received and bur- dens imposed. SECTION 6: The time, terms and conditions of payment 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: The amounts assessed against and to be paid by the abutting property and the owners thereof for such improvements shall be paid in three equal installments, respectively due as follows: [a] The first installment shall be due and payable 10 days after the completion of the specified improvement of such unit as herein designated and the acceptance of same as satisfactory by the City of Plainview; [b] The second installment shall be due and payable one year after the first installment is due and payable; and [c] The third installment shall be due and payable two years after the first installment is due and payable. r All of such amounts so assessed shall bear interest annually from the date the first installment is due - 114 lad at the rate of 7.5% per annum. In connection with the installment payment of the above assessments, it shall be in addition, provided that default a payment of any installment or interest when due, shall at the optiono NW i'o lder' "af such obligation;" mature and render due and payable the entire unpaid balance of such obliga- tion. SECTION 7: [a] 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. [b] 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 owner or owners thereof, whether correctly named or not, and shall fix thereinthe terms and conditions of such certificates. [c] The above certificates shall recite substantially that the pro - ceedings with reference to making the improvement therein referred to, have been regularly had in compliance with the law, and that al11rerequisites 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. [d] 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 assessment or re- assessment, in evidence of which a certificate shall have been issued hereunder, it shall be suffi- cient 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. [e] Such assessments shall be collectible with interest, expense of collection and reasonable attorney's fee, if incurred, and shall be a first r` - 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 property assessed. SECTION 8: The engineer heretofore designated, Parkhill, Smith and Cooper, Inc., is hereby directed to proceed with the preparation of plans and specifications for the specified improvements of the said streets Or portions of streets set out and described in Section 1 hereof and as dir- ected by Ordinance No. 66-935. The said engineer is further directed to publicly advertise for sealed competitive contract bids based upon such plans and specifications and subject to the terms and conditions herein - above provided for, said bids to be addressed to the City of Plainview. SECTION 9: The City Council reserves for itself the power to provide for changes in plans, methods, or contracts for improvements, or other proceedings relating thereto in accordance with the provisions of Section. 10 of Article 1105b, Vernon's Annotated Civil Statutes of the State of Texas. If in the opinion of the City Council of the City of Plainview it becomes advisable or expedient to enter into a contract with any contractor bidding on the improvements to be done as specified herein on a basis vary - ing in any particular from the plans hereinabove set out either as to method of payment or otherwise, the City Council reserves the right to so ontract and any contract made with a contractor deviating from the plans, 174 o r ,specifications and conditions as herein provided when so approved by Ordi ::Hance of the City Council shall be considered as a repeal of this Ordinance only and insofar as said contract may deviate in such provision or particular and to that extent and that extent only. PASSED AND APPROVED this 16th day of May, A.D. 1966. ATTEST: 0 ATTEST: • AN APPROPRIATION ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There - - is hereby appropriated out of the following described (City Hall,Bond Fund — 1963). The suns $122.50 For the following purpose: To Eaton Stationary to pay for sheet shelves in the upstairs volt passed by the Council on this 6th MAYOR, City of Plainview, Texas AND IT IS SO ORDERED day of MAYOR _June ORDINANCE NO. 66 -937 General ,1966 fund, to -wit: WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General (City Hall Bond Fund — 1963) funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby "creating a public necessity that the rule requiring proposed ordinances to be presented at two-(2) separate Council meetings be- dispensed with; and this ordinance shall be effective from the date of its passage. / CITY SECRETARY Ver ified by. C Y MANAGER Passed by the Council on this ATTEST: CIT�: ETARY ORIGINAL AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General (City Hall Bond Fund — 1963) funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General (City Hall Bond Fund — 1963) The sum $ 684.00 For the following purpose: To the Addressograph Multigraph Corporation for paper cutter WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance . is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. Approved by: Division Director AND IT IS SO ORDERED ORDINANCE NO. 66 - 938 Verified b ITY MANAGER fund, to -wit: Department Accounting Department ORDINANCE NO. 66 -939 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF PLAINVIEW, TEXAS, BY PROVIDING FOR THE FILLING UP AND DRAINAGE OF LOTS THAT SHALL HAVE UNWHOLESOME PLACE OR PLACES WHERE STAGNANT WATER MAY ACCUMULATE THEREON; THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLESOME MATTER; REQUIRING OWNERS OR OCCU- PANTS OF LOTS IN THE CITY OF PLAINVIEW TO KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR INSANITARY MATTER; PROVIDING FOR NOTICE TO BE GIVEN TO OWNERS OR PREMISES IN CASE OF FAILURE OF OWNER TO MAKE LOTS AND /OR PREMISES SANITARY AND SIGHTLY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF PLAINVIEW; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT; AND DECLARING AN ENE GEN Y. WHEREAS, it is deemed by the City Council of the City of Plainview, T _, that it is dangerous to the public health for lots in the City of Plainview to have places thereon where stagnant water may accumulate and for filth, carrion or other impure and unwholesome matter to accumulate on lots in said City and that it is dangerous to public health and constitutes a fire hazard to have weeds, brush, rubbish, and other unsightly and insani- tary tary matter on lots in the City of Plainview; and WHEREAS, it is expressly provided by the provisions of Article 4436, Revised Civil Statutes of Texas, that cities shall have the power to correct the evils hereinbefore recited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Plainview, Texas, to permit or allow holes or places on said lots where water may accumulate and become stagnant, or to permit same to remain. SECTION 2: It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Plainview, Texas to permit or allow the accumulation of stagnant water thereon, or to permit same to remain. SECTION 3: It shall be unlawful for any person, firm or corporation who shall own or occupy any house, buildings, establishment, lot or yard in the City of Plainview to permit or allow any carrion, filth or other impure or unwholesome matter to accumulate or remain thereon. SECTION 4: It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Plainview, Texas, to allow weeds, rubbish, brush or other unsightly, objectionable or insani- tary matter to accumulate or grow on said lot or lots. SECTION 5: Should any owner of such lot or lots that have places thereon where stagnant water may accumulate and /or which are not properly drained, or the owner of any premises or, building upon which carrion, filth or other impure or unwholesome matter may be fail and /or refuse to drain and /or fill the same lot or lots, or remove such filth, carrion, or other impure or unwholesome matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to Such other at his post office address or within ten days after notice by publica- tion as many as two times within ten consecutive days in any newspaper in Texas, if personal service may not be had as aforesaid, or if the owner's address be not known; then in that event, the City of Plainview, Texas, may do such filling or draining, or removal of filth, carrion, etc., or any other unsightly, objectionable or insanitary matter, or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the :ownerQ. of such lot or lots or real estate, and if such work is done or improvements made. at the expense of the City of Plainview, Texas, then such expense or expenses shall be assessed on the real estate or lots upon which such expense was in- curred. ;)1 re '''RO CT THE' PUBLIC itiE4t. H AND,. Mixi.O I tl, ? TE P P' P .1. . i 1THE PUBLIO LFARE OF THE CITY 4:,e PLAIN IEW, TEXAS, BY PROM1D4G, FOR THE FILLING UP AND D INAGE 1 OF LOTS THAT S HA L. L HAVE UNWHOLESOME PLACE OR PLACES WHERE STAG- NANT WATER MAY ACCUMULATE THEREON; THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLESOME MATTER; REQUIR- ING OWNERS OR OCCUPANTS OF LOTS IN THE CITY OF PLAINVIEW TO KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTH- ER UNSIGHTLY OR I NSAN ITARY MATTER; PROVIDING FOR NOTICl2 TO BE GIVEN TO OWNERS OR PREM- ISES IN CASE OF FAILURE OF OWNER TO MAKE LOTS AND-OR PREMISES SANITARY AND SIGHTLY THAT THE SAME MAY BE ,DONE AT THE EXPENSE OF THE CITY OF PLAINVIEW; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT; AND DECLARING AN EMIERGENCY. WHEREAS, It is deemed by the City Council of the City of Plainview, Texas, that it is dangerous to the public health for lots in the City of Plainview to have places thereon where stagnant water may accumulate and for filth, carrion or Other impure and unwhole- some matter to accumulate on lots in said City and that it is dangerous to PUbliO health and constitutes a fire hazard to have weeds, brush, rubbish, and other unsightly and insanitary mat . ter on lots in the City of Plainview; and WHEREAS, it is expressly provided, by the Provisions of Article 4436, Revised Civil Statutes of Texas, that cities shall have the power to correct the evils hereinbefore recited; NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: It shall be unlaWfUl for any person, firm or corporation who shall own or occupy any lot or lots In the City of Plainview, Texas, to per- mlt. or allow holes or places on said lots where water may accumulate and become stagnant or to permit same to remain. SECTION 2: It shall be unlawful for . P a lished in said new a Ju be unlawful for On, •r corporation who -- sha 1 ti n or occuil a y hOuse, build- :J City of Plainview to milt or aio any carrion, filth or crfl0r impure 0 unwholesome matteri to accumulate 0 m remain thereon. SECTION 4: It shall e thlawfull fo any person, firm or aorporatIon WI, shall own or occupy any lot or lots 1 the City of Plainview. Texas, to allow weeds, rubbish, brush °dottier unsightly objectionable or insanitary matter t accumulate or grow on s'aid lot or lots. SECTION 5; Should an owner of such i lot or lots that have places thereon where stagnant water may accumulate and-or which are not properly drained, or the owner of any premises or building upon which carrion, filth or other impure or unwholesome matter may be fail and-or refuse to drain land-or fill the same lot or lots, or remove such filth, carrion, or other impure, or unwhole- some matter, PS the case may be, with- In ten days after notice! to said owner i to do so, in writing, or by letter address- ed in such other at his 'post office ad- dress or within ten days after notice by publication as many: as two times Within ten consecutive 1days in any newspaper in Texas, if personal service may not be had as aforesaid, or if the owner's address be not known; Men in that event, the City of Plainview, Texas, may do such filling or draining, or re- moval of filth, carrion, ;etc., or any other unsightly, objectionable or insani- tary matter, or cause the same to be done and may pay therefor and charge the expenses Incurred ih doing such work or having such work done or im- provements made to the Owner of such lot or lots or real estate, and if such work Is done or improvements made at the expense of the City: of Plainview, Texas, then such expense or expenses shall be assessed on the ireal estate or fiats upon which such expense was in curred. establishment, lot or 'yOrd :in l the 1 t Satzirday::With Enlarged Sunday Morning Edition • SECTION : Should any owner of any let or lots :within the City of Plainview, Texas, who shall allow weeds, rubbish, brush or any other unsightly, objection- able or . . ary matter to grow or accumulate thereon, fail and-or refuse to cut down arid-or remove such weeds rub- bish, brush or other unsightly, objedion- able or insanitary matter, as the case May be, within ten days offer notice to otter addressed to such owner at his est office address, or within ten days fter notice by publicatiorr as many as two times Within ten consecutive days n any newspaper in TexaS, if personal ervice may not be had as aforesaid, r if the owners address be not known; hen In that event, the City- of Plainview, exas, may do such cuffing down and-or emoving such weeds, rubbish, brush or ny other unsightly, objectionable or in- ho cualtnr, LCP h _same 344 `puularott.q.sajw 'D lids!! . uaD (toil/a uoSIss 81z jjo pationoi. sem. tOsort JO Puncu lualif13 411 -oads %tom jo 1„ino toos„ 2mNaas are szapsai alootput ; Tem 2;uva atll 1 7,- q SUBSCRIB July A.D., so, in rioting, r by la the attached instrument was pub- 1 211 01 '9EGT ®) 1 . ST1 ; 1 Totla linoIMP 1 ? Pvti 1g - TIM 1 1 . Tewapianrioa Silainct - NS ipaXvId liuv mg Strertpui STA& - tido v !Icv.m. ea pire a.gptaii p) p tj l. uaasqact diusuoT4TIa k eivi ', avipuis psseu .., _... ......_____..--,.,..... —..-.4 .,.. 5 111 0 v Daily Herald 3Y ALLISON COMMUNICATIONS, INC. — PHONE CApitol 4-4343 — 0. BOX 931 Plainview, Texas rity, on this day personally appeared Business Manager (Title) r of general wing dates, to-wit: Business Manager BEFORE ME this circulation published in (Title) The Best Investment For Your Advertising Dollar A. D. 19 Oth day of Notary Public, Hale County, Texas SECTION 6: Should any owner of any lot or lots within the City of Plainview, Texas, who shall allow weeds, rubbish, brush or any other un- sightly, objectionable or insanitary matter to grow or accumulate thereon, fail and /or refuse to cut down and /or remove such weeds, rubbish, brush or other unsightly, objectionable or insanitary matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by let - ter addressed to such owner at his post office address, or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper. in Texas, if :personal service may not be had as afore- said, or if the owner's address be not known; then in that event, the City of Plainview, Texas, may do such cutting down and /or removing such weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter, or cause the same to be done and may pay therefor, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate; and, if such work i done or improvements made at the expense of the City of Plainview, Texas, then such expenses shall be assessed on the real estate or lot or lots upon which such expense was incurred. SECTION 7: The Mayor or City Health Officer of the City of Plainview shall ~f le a statement of such expenses incurred under Section 5 or under Section 6 of this Ordinance, as the case may be, giving the amount of such expenses, the date on which said work was done or improvements made, with the County Clerk of Hale County, Texas; and the City of Plainview, Texas, shall have a privileged lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of said Article 4436, Revised Civil Stat- utes of Texas, which said lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten per cent interest from the date said statement was filed. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City of Plainview, Texas; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. SECTION 8: Any person, firm or'individual who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two Hundred Dollars ($200.00, and each and every day's violation shall constitute a separate and distinct offense, in case the owner or occupant of any lot, lots or premises under the provisions of this Ordinance shall be a corporation, and shall violate any provision of this Ordinance, the President, Vice President, Secretary, Treasurer or such corporation, or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided„ SECTION 9: If any part of this Ordinance is, or should be held invalid for any reason, then that fact shall not invalidate the entire Ordinance, but the balance thereof shall remain in full force and effect. SECTION 10: All other Ordinances or parts of. Ordinances in conflict with this Ordinance are hereby repealed, and of no furth r force and effect. PASSED AND APPROVED this the A.D., 1966. ATTEST: CITY CLERK, City of Plainview, Texas day of MAYOR, City of Plainview, Texas 9 ORDINANCE NO. 66-940 AN ORDINANCE FIXING RATES FOR THE SALE AND DELIVERY OF WATER TO THOSE CHURCHES, SCHOOLS, AND NON-PROFIT CHARITABLE OR CIVIC ORGANIZATIONS THAT HAVE BEEN OR MAY BE HEREAFTER APPROVED FOR THE RATES BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The rates for the sale and delivery of water as provided for in this Ordinance shall apply only to those churches, schools and char- itable or civic organizations that have been or may be hereafter approved for the rates by the City Council of the City of Plainview. SECTION 2: Churches, schools, and charitable or civic organizations desiring the said rate shall furnish to the City Manager of the City of Plainview such information as he require pertaining to the operations of the said church, school and charitable or civic organization. The City Manager shall acquire such information as may be necessary to aid the City Council in determining whether or not the applicant is qualified for the water rates fixed by this Ordinance. SECTION 3: Those churches, schools and charitable or civic organiza- tions so approved for the water rates fixed by.this Ordinance shall pay for water used and consumed by them at the rates to be determined as follows: The City shall make a minimum monthly charge of $3.00 to each said church, school or charitable or civic organization using City water. For the minimum charge, the City shall furnish to said church, school or charitable or civic organization so ap- proved by the City Council as aforesaid 3,000 gallons of water per month. For all water used in any one month over and above the said 3,000 gallons, there shall be charged said approved church, school or charitable or civic organization 30t per 1,000 gallons. charge for water consumed. are hereby repealed. SECTION 4: The sanitary sewer charge, where sanitary sewer services are furnished by the City to any such approved church, school or charitable or civic organization as hereinabove referred to, shall be as follows: A minimum monthly charge of $2.00, or a monthly charge of 25t per toilet fixture, whichever is the greater amount. SECTION 5: The sanitary sewer charge shall be incorporated in the ATTEST1 2 SECTION 6: All Ordinances or parts of Ordinances in conflict herewith PASSED AND APPROVED this 6 day of fi CITY CLERK, City of Plainview, Texas MAYOR, City of Plainview, Texas A.D., 1966. CITY CLERK, City of Plainview, Texas ORDINANCE NO. 66 -941 AN ORDINANCE FIXING THE WATER RATES IN THE CITY OF PLAINVIEW, TEXAS, FOR WATER FURNISHED SWIMMING POOLS NOT OWNED BY THE CITY; AND FIXING BULK WATER RATES WHEN WATER IS TAKEN FROM FIRE HYDRANTS OR COIN OPERATED METERS OR WATER CONNECTIONS BELONGING TO THE CITY OF PLAINVIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PIAINVIEW: SECTION 1: For furnishing water for swimming pools not owned by the City of Plainview when such water is furnished by the City of Plainview by a7, means other than through water meters for which a charge is made for er as provided in Ordinance No 66 -930 of the City of Plainview, the City will make a minimum charge of $25.00, plus 504 per 1,000 gallons of water. SECTION 2: For water used or acquired by any consumer or user of water when water is furnished from a City .fire hydrant or from a coin operated meter or any other water connection belonging to the City, there shall be charged 504 per 1,000 gallons of water so furnished by the City. SECTION 3; All Ordinances or parts of Ordinances in conflict here are hereby repealed. PASSED AND APPROVED this day of .y�rA , A.D., 1966. 'MAYOR, City of Plainview, Texas 1 ORDINANCE NO. t G' - OL 48 . fAC 1 i A ORDINA?\:OE DETERMINING AND DECLARING PUBLIC NECESSITY FORME IMPROVEMENT CE CERTAIN'" DESIGNATED PORTIONS OF CERTAIN :DESIGNATED'STREETS IN THE CITY OF PLAINVIEW TEXAS; SPECIFYING THE NATURE AND TYPE OF SUCH IMPROVEMENT; DIRECT - ING AN ENGINEER TO PREPARE AND FILE COMPLETE PLANS' AND SPECIFICATIONS FOR THE PROPOSED ...IM ROVE ENTS AND TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVE - MENTS; DETERMINING THAT A PORTION OF THE COST OF SAID' IMPi ROVE MENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE 'OWNERS THEREOF AND THAT A PORTION OF SAME SHALL BE PAID BY THE CITY OF PLAIN - VIE; DETERMINING TO CONSTRUCT SAID IMPROVEMENT AND TO LEVY SAID ASSESSMENT UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF THE ACTS OF 1927, 40TH LEGIS- LATURE OF THE STATE 'OF TEXAS, FIRST CALLED SESSION; CHAPTER 106, AND KNOWN AS ARTICLE 1105 -B, VERNON'S REVISED CIVIL STATUTES OF TEXAS, DESIGNATING AND SEPARATING UNITS OF WORK; ALLOCATING DIVISION OF PAYMENT OF COSTS; PRO - VIDING RULE FOR APPORTIONMENT OF COST'.; FIXING TIME, TERMS AND CONDITIONS OF PAYMENT OF COST; PROVIDING AND - DEFINING ASSESSMENTS THEREFOR; SPECIFYING NATURE OF ASSESSMENT LIENS AND PERSONAL LIABILITY; PRQVIDING FOR ISSUANCE AND PROVISIONS OF ASSIGNABLE CERTIFICATES IN EVIDENCE QF ASSESSMENT FOR COSTS; APPOINTING AN ENGINEER AND DIRECTING' THE ENGINEER TO COMPLETE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF THE DESIGNATED UNITS AND TO PUB - LICLY ADVERTISE FOR SEALED COMPETITIVE CONTRACT BIDS WITH, SPECIFIED CLAUSE; AND AUTHORIZING THE INCLUSION OF THE SAID IMPROVEMENT TO SAID DESIGNATED STREETS WITH THE IMPROVEMENTS ORDE*r ✓ _ DE ATED AND DECLARED A PUBLIC NECES- SIT.�' IN ORDINANCE NO 66 -935 AND THE IMPROVEMEN S DESIGNATED IN ORDINANCE NO. THE OF 66-935 OF �r?.1: CITY :�� PLAINVIEW, TEXAS. 180 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: t he City hereby find and determine the following portions of Texas, should be improved Council of the City of Plainview, Texas, does that a public necessity exists and requires that the designated streets in the City of Plainview, as herein provided, to -wit: [1] All that portion of Sixteenth Street in the City of Plain- view, in Hale County, Texas, extending from Vernon Street to Yonkers Street; [2] All that portion of Yonkers Street in the City of Plainview, in Hale County, Texas, extending from Fourteenth Street to Six- teenth Street; and the South One -Half of Sixteenth Street in the City of Plainview, in Hale County, Texas, extending West onemhalf block from Yonkers Street. SECTION 2: Said portions of such designated streets shall be improved by raising, grading and filling same, and by installing concrete curbs and gutters, concrete valley' gutters, and by paving with the following type of material on specified foundation: PREFERRED: The paving to be forty -one feet wide from back of curb to back of curb with surface of one and one -half inches of hot mix asphaltic concrete over six inch compacted caliche base; ALTERNATE: The paving to be forty -one feet wide from back of curb to back of_curb with three course asphalt and gravel surface over six inch compacted caliche base; and by such other incidental work necessary to proper construction and drainage, all in the manner as provided by the Acts of 1927, 40th Legisla- ture of the State of Texas, First Called Session, Page 489, Chapter 106, said Act being also known as Article 1105 -B, Vernon's Revised Civil Statutes of the State of Texas, and relating to street improvements and assessments therefor. SECTION 3: The.engineering firm of Parkhill, Smith and Cooper, Inc., acting as engineer for the City of Plainview, are hereby directed to prepare forthwith and present to the City Council complete plans and specifications -for proposed improvements and said engineers are further directed to prepare an estimate of the cost of such improvements. SECTION 4: The City Council of the City of Plainview has heretofore passed Ordinances Nos. 66 -935 and 66 -936, declaring public necessity for the permanent improvement of certain designated portions of certain desig- nated streets in the City of Plainview; providing and establishing the man- ner of effectuation and method of procedure for such improvements; designat- ing and separating units of work; and allocating division of payment of the costs, which said Ordinances are here referred to for all pertinent purposes. The said engineer is hereby authorized to include in the plans.and specifica- tions authorized by said Ordinances Nos. 66 -935 and 66 -936 the plans_and specifications for improvement of the designated portions of the desig- nated streets in the City of Plainview hereinabove referred to and described and set out in Section 1 hereof, and said engineer is hereby authorized to include in the notice for bids the designated improvements to certain desig- nated streets as provided in Section 1 hereof in the same notice in which the notices of bids or letting are made for the improvements designated . and referred to in said Ordinance No. 66 -935 and in said Ordinance No. 66- 936 of the City of Plainview, Texas. SECTION 5: The City Clerk is hereby directed to file'a notice of the enactment of this Ordinance and the action herein taken with the County Clerk of Hale County, Texas, for recording on the Deed Records and the Mechanic's Lien Records of said County. SECTION � � CTION 6: ' The specified ed i t�:�nrovement of any specific unit or combine- tons of specific units as herein ducig':ated or as may be hereafter desig- nated by resolution or Oe :e :.nance of the City Council of the City of Plain -• vv ».t.::! pertaining t o the 'j'_:% • ovel:e 1t of the above enumerated streets or PCI- t i rs o f streets the J y Plainview, shall 't �. OL.0 G_° :....J in %_.:. i..i is � O,rn: fl'i27'4%�.,:..J, :J1:C �. Y;O initiated ted Pd E: _CC Li:- • e 1 Y Ordinances 7 :� accordance with and in conformity to to pro- ate''.'. L �. by �J» V l,'a. V drafted ,� ` .e established ."� ' O y,, by the 4%z:to of ? 927 40th Legislature < latu.re of the C�C:n: \.• LL`S outlined l: (J. 1927, y •�� State' of To= s, L•':.r."..t LalYC :I:.! aai ., E'S.f)n, Page 489, Chapter 0Up said Act ZiCi. :s also knO : :t'.' as Article 1105 - 3, Vernon's I :ev''tod Civil Statutes of the State of Te =s, and as provided ' apc 9 Title 2$ Revised Civ2.'1 Statutes of .. n Ci.i 4 Texas, 1925, as a ' .`nded, the tern] and provisions of which are hereby adopted ..y the ._� Plainview.. u:. �y O 1 : • S CTI0N 7: The spacif c improvement of any specific unit az herein designated ch i i be • separate e and distinct from ahe imp 'ovo czntt of any other: r 7 ", shall separate such '.3. .L�, and the tiwU`i•i :�J :l?.:%LZ:. levied ,,;0' such iL'�3rOtYC:icnt: .�. bG u the i i n any ' c h n" said and distinct .. :•� n levied .y o �: e:: �: unit, and the .,a•.i.. improvement and .''.:.3,s•.0 ss:a et fO,L b2 provOulnnt in any specific unit as herein designated shall Y not inter- dependently affect or be affected by the improve. ::.r' at or assessment in any Other such unit. 1 ,( c. SECTION a: ' «Lo'al o :. .caon of pnyc".ent tho for t specified im.prov'easn4 of each opecific unit as herein ei:L deSi ; n, '' d sha 9 . b3 ac follows: .`^1 ^n +-v -,1 cost . y r2 3s a, 'i n 2. each .1 j1 .:li 4 �.•+ a..V � � 4 t� 1Z^ p�G`�V C.. paving a 4:2 t ��. J.^.. .::Li'-w shall e he total cost. of. i ?��:.ove n ,. including e:.pen eo ! Of engineering d O ._ C., 1. + :C7i., ^J .72:C dte:az` i0. the construction O:. I he :.i:7Y rove t,, addition to L s S - . ' (b Me e co .^.'". •Of the curb and Butte a:o. be installed. Ec:a1L- • Je ;:he' cost o•? •_L3 curb and :gutter az . bid bJ ' t:ho Contractor for c. that portion of the curb and . gutter which will be parallel to ar:d I G:. ::Z:C' fsn -3 10 Ct ?: - ;:.:C �' utti'i n7 op0_ ty . fro nt.age . ., tjy F t. c h ?� GvC:: . n is ' I O• #. .l.0 CO:: L of the construction £9... 1 "LC O ' :shall be the cost of all other construction O.. C3; tha: the co Of tae e.��:rb and .'•".G:.�02' az '{' errein above:: eferred t.0 t J� .. I (I; e.] • ° he ii'::oco_ y • o e... .sha s bo . asa"'.os ^i yo. :f shall pay, .•,11 = M r,.. s t h ^l a:9 r5 �t t - ','r'L:i:2:in n n_n?1er to 4n4: 1 I f ! ' �. .._ �>r: .,2.e cost :o the cu;r:, and ��.t,..�.:' � t :� t7-:3 .°. len3t^ 0 ^r .'!)utaf'.:iZ proparty'grontage ovine • y sa 1 s � t • abutting. property cuts:: .. .. 'del,+ • he property o'::::er Share of the total cost o f`�' , ho' curb and gutter shell be calculated , as 100�o o.'2' he cost o X f e curb and gutter perai1V.1. Ito and 44: iZLY_tng •the length of the abut,. g 'property , plus n :�: of i:i e . re�.mai:: n at of g csthe::::: "_YCG. n .'_G�� c .:.:,J ..,.:Gili:F•. � u5.�• u consi'cr", ctio o•'', t e .L projo . for Onl •'f c'u: streets" ' " z. t tat to . nu V �a ne,oz,_n do. and 70`; o1: the remaining. ^ of •he con- • .. r cost t._.. .::coca Of the tz O'a - ct3.ida st'r ets a:: : `" i3_ " io herein defined). . • 1 , 'F'; City's Share of the 1 t.ot.n1 cost shall t)w,c':3 :'•:.'ed. 15% c' ^ 'i �1rovo n n::s � on :'..c. :5w of ':_1:3 COF,�. of ':'!: ' +G2tSt_Y3 _7i'2 G .,i:3i J';' .1.'?" .- s t (no thc..'t torn is hor:Cin def ed) +:o cZ 2 d'1nr, the coil: of: ...curb and gutter, and O0 %, of the •Cost: o'�; tho. const::uttion G i`x -: f2 V + 1 ps n i fi• ' >. :GVr2::^i3::: on "side st.CC: i.3 Q : fL2 : », i: L3 S. .a. L' G•' . G(:. •..Nolud'.t "';.z the cost o:: curb 1''n d. zut�.�:e . t ' Isl streets or tO'.'.t.0 . af Streets 1 :c.:Cin^'l ove C: n: is era» ted et„ are already paved On both: sides of the street, he rop- crty owner shall pay the total cost of the curb and c tt = , • and '!, ' ^ ' t will pay ::..'a b3_0'_L CC o. ' t :G:c cost o:'~.' the 'fiin1%'• :s:s. ` . :j.s Will apply only to streets that are already paved on otZ sides • , ,o f the street but whic_. •do not have Curb and c:ut e . .. ,� L 181 • o 'Elal On streets or portions o'd: streets that are navca to a .. width of :.lore than 41 feet,' a 'y owner's share of - .cost snail be. the totol coat •curb and cutter ?'L'.t ,nin parallel; . to and `3es.. co_.._ 1e:•sth as the abuttin3 property frontage owned ✓, the nbutt :n; property owner, and 85% of the balance of the tots/ cost of i:..., .im p_ovemento, S':iciudins C'k.sii?t^o_i:2g eo:peascs, on "front streets", and lvi, Of t1 o - bat e "Of the total cost or the o. �.. nn i • ee:ti ing e :�iaenscc, on "s de V , - o improve-...' "! a t ..:.- - -- .. ot�r.Ct: ✓ .. , e�icu..�,.ed on 2 basis of 41 feet of paving; crd the City shall pay the b31-• by tie - p :vi ;, o'' the street to a width f:nC'O O? the costs caused 2 '•ao ,• 4 a coroces of 41 feet. O streets or 'O c.:I.G:23 of streeto that have both a:3Vin � ! ' add cz b and ,tote;. alread the City will pay the total cost oi �'en ':' that portion c t street that v tho improvement 1 .�' .'a w e: t: _ t' ulfeecJ has ' curb J and gutter and v .nu • ° _ ' L'3] In connection Ott with the • above assessment, should it ap- S)Oa at the /leering to L C : before t.he final c"2wir'.�G.n._c'Jme nft is made., .tha . the special ben fits to . s::ch property, by way of ca- ne O value thereof by vi ti..'.c of ouch - will not aac?.sr ,ante such proportion of • t :he cost v4 ^l S "•; cd above; then C.ha'a-,a shell ba �' ssed a. .,e paid by u•'° c:;, et P,�. El:�? y2u i such .^bL•'itril�� prop- e�'E.y d t:ha owners thereof a lesser amount, a t y . �_._ s.G to EFCCC:S. t,.i,J b' i is or' the o iu:nrcvomc nt. '! .. Ek] The City of Plainvio. .extor dedUction or s :ssed ,r3ain ,l the abu.tt!as property end the owners thereof hereinabove City pay ,3::Gv_de•'d,• zh 11 pay t e rama?n'ii j co t'. Oi said S • • prove men e_.t; but i n no evon :: sh 11 tbae Y ' more e 15% than ;'O:; o' t:?G coc:t. of the imorovdxents to:" n r n n. �% 4 n 7 i v. 1• «Vr:V ✓L.. �'�.. L✓ nCi. �'. tY.tU:, i. j •&.' 0 CC•SI °G' Curb and. suttees., ro ;r. ;o 'e than 30Z.of the CO3t of <`lie _.`iJrove m,. .. to "side :it:%.n,.•ai:,e::.3oL : i nC j ud .ns the cost . of curb aad • gutter, except as provided;•in..Subsections [ g] , • [h] , and [ =i] . above' of this Section :.8.' (...L 1 •:a::'?.lway,^ ,3s s .cct•tiJ.t ai,• o:. c_ossf_nsf any portion of s • specific unit or any pa t: : pori'iC .oi a ny street streets .. <. G' :: t o t is ✓ c- ,- , ein:bcve 're e'_:a �„ d S r! a s ane d` es er,�n 7 shall i. messed :"-0:. - ri.^y for. 1'(.. P_ntire COCi.. Of such improvement j' ' t _ o . _ .- • ! - - - P.aj1s ead. Laci:s, double tracks t urn. outs :::: ?G ..., and - -- ° -- , . ... thereof • ` I '� G t;c.rm ' f st ;: oot" 120 , 1 herein 1 mesas et. portion of street et :roan which a .:c:;,i 2 a::.,. c ; bui d .c .J : ^C'ia':; . ::.:C ta:'',: "side street ec __:::z: herein means that portion of a street ruan1'.v, along the side of residence o:. ✓w: : - _ ' '„ is a..., ,. Z?C.' ':�. {'ri.f:Sc: a residence O: b� !.C:' ;a� S ia7t: CGn;ir� -`.1 - u? t1.e io G: lot:.+, t=hen :''tic_2t :t _a^.: 't' shnll refer to that nor o nra•'•._ g '. a� . +'c and "side street",: et ..._,a uL..' :::: :;:+_�... :� ..:.Gn fi -Yl�. front v_ t:i. lot .- �. platted c...CS " ✓_GC Lc, " a.�, , shall refer to that o o ..i c•rt of d e s erect ru:n ins along tl?e side of t—a 1ot'_ s nI .t.d. n the ev nt it: is dificult to determine w?:e' or not 4 - s a:� tin . r .: :,'... t � ! ,� 7 .� G;:. S. . mil. e ':- 1.r.l. �.. . � . :. i�'.:. t,.CL ... .. (.' ` lo�.:l�a.J a717 C: defined, or whether ,.. lot io abut:.•! g s side ot:..a et a be:.eL e:? a defined, : ` ^r t n^. e s . .. cv.. �::�., a �...:.,.: Vt -�t �.:✓ o po_: i:i ca of said plot of 4, uu nd as doocribaC 'in the deed to than individual • O''7 .hail be C0i. tiered the pO ' c G t o t abut tins a street tan -c,12 0= G'" _�O:lt; .a3t� Gvc. d around a of 10 - s ,:.o.r .__ : e tion of ^ aid7)? ot: ars esc� iber 3n the - F to... w V` as tllt: �. 1. V�' t: is '4n`lt v'idaal c e ,°,it 7 3 ' b r ...• 1 7 h .i . he t i a s COs..iG:e GC: sr..' t:0 Oi. O lot .aJZ3t: n� �: sloe s treet. • `.^ ten---^ ,, .. z ) each': ,. 9 .. � . y�.i��4 /a.c.•11a�a�L o.. t:.�. specified cc. � . a�:. o•�yU.:: -. eke • z J .o-4, .' a unit ... c ---ei 1. desisnatted,, which may bo assessed against 4./uttins and G : ":.^- ::i thereof, s'io U.l be appo :ion eed among the parcels , of abut-. t moot; t:y and .ow ^-ro ,t1':oaco '; 3.n accordance wi th ..:nc.1 -t: r•uot Plan La;^ • In ce:?neet inn :•1ith the above apportionment; sho °u =d 4 t appear that' he 'application of the above plan or. rule would, in the opinion of the City :Council o'r .: � ei 5 cr: . , ., r •r: �'I a.. cases result i -� injustice i �.� _ :V �,. /•,. ��. al. %L._.c.« cases L ✓:3.t: ...t, O:. such �L' � v Ley, the ea id Co a:cil - yl� ill . )potion and assess said costa in such opo . ion as it may deem just and' equitable,- having - he special benefits:- ..a..V �. .`, view t:..,.. ✓Lfa. a. +�. :i c .w.a cead 'value to be by' such parec_j of property and owners t _e:.eof, the equities of slot /eY:s and 'the a dS ant r, r 3 C'tv"r t_:.. a,: § tl:it: Ox Zi:sCi - : apportion :£:^•-,t .� f equality ^(' benefits . •a, received anur' . men t„ so a:..::/ G �iL G.".:L:C4�'..c^.. substantial h.lA.t...;r ty V wVVt.. I.Y and b V4 �' l 1 Gs such ::, vim. v sc aS r. _ ^ - {{ 3• of he h } payable. until p-. d .;.:. th.� r o cc _ ! : J v i cC . t en t payment 'of 4, above .� 1.':: ::^ -C: �:'Ci:l :•73.1:3;.1 1 :LL > LF., r. L• ^ i { •-� payment C]: '_,;r installment :.^.:. 3 or �„'� L1 Clef 4 •a i::.:C7 "- ::'i0::, i�.Gi71dC'� that. Ll ". •___ "° E. �`GJ ►ir^..:.O:: - e a e .^ c t h e ; option o the holder o: :GL n•. a-, ad "'^ cc an : psyt JZ e entire unpaid iga,;. r ^ a� to be esser� e �. nd to Le paid fer the u'.+ Vr�. IA S o•.: designated, shall be ��' C s::? c:Cl_ ? `.':',j?: OV "C •' ' .� -_ C n date 04..7-L _a. .�'i.'�.$.tifl abutting p� ppe ty therein :'i the shall a. -• - - ^,- M._ r 4 ' f ce e• true owners O':. such 1i'rOs)::... C.f ' ' , ,. : . J ° G.'. L-■-C, 1 ef alzeG: C. .'not. t Vila City i7:Ci� o " ' i ^'1:1Jie - e.. ..0 , � a .a F n h •, ,•= 1` �, 1 . - EG°°:.'_ -' G:. �:E.•r�•J' ::i -:.r .r_ n{ g n3ble certificates in evidence :%c::. -In the nnma t, s a liability o2 �: t:::u;: 'levied, c?c::1�"_?.z�tllc lien z~��o:a l:�le• n..r f = a :l^:�' ra o« not, and. shall _ix ::'� - owners thereof, von;, �'�'�e z ?.er correctly . - ` ' te-- : l..s a:-.. ci.ni�i'i7..Ci:s .o± suet: Gor:'4i'"lca2 Ca ov Cc t ,. ^tes Z"':t^•,l ',rr..Cie substantially that n the firQom. 7- -^ +:e erence t o 31.^..�:'» J i -e improvement therein re `t:0 i��.v4� ^'� . . 7 law, �5 ��'���,.'1y tiY:. 1:,;, 1i':. t.:l�l+r./:. \_r.J to .been regularly ��.^.d in cop iliar:ce: with the 41.7, ..::1'c i T in the ,y Jv fixing ^ J . r. ...7.,0:1 g a' nst the property :e:: ty CG::C_ bad in n the . +,_ ^• p% 'L•':: �1 e.(l.u...._. L ..mac... � - V owners thereof have � - . certificate ^" n gOL. liability S y O'. tj ^E'. C� �:se O' tl.1C': r u.�:- "Y C G: , Ohl a ` p' - iW: : 1 r 4 evidence o . n7.1 tz':o d -5 `i�:e • JCL co-.- ::•! L \ :r :J N . - ` in Y^ � thereof «'�•, be G a no f:e_t_:e:: ',boor. thf shall ...__. t`c':i °tC= ::C:� 4 certificates', •'!�- � 3, � � in evidence ^. .. e• and• in V : u2. J:in ; „ y as (' ssir nt of r 3Go . 1 _.-_.. wh in n � .J .. ' h '• , •. '4 t shall C cf - 11 j.v` ^.4 C . � .. \: =: l.'v.. V�. l r L '�•� • \.•v:. certificate to u::1J that 1 o . o r'1 su:i:i :•:. CIS o, ..e 3 °, ocit J n suc... ' ^ir? ^: ^r :. tJ G' �'� ,.i with reference i: O further e. i:iO': v - recitals are, " »ni=CCi: 'C.`G'.L ,i:;:d ^C?? ...... .:• r: to a h a$ n,sc...-n or .:C -assets U. - i l 1 ',�t' Col-!C,cfi._b1C• ,�.�r y LiL:e::c:: t;, c'3-pe Se of'. C 4J' ^ > incurred; ?t. •nA 1.i+ % ✓a O' first. .collection ,} 41?;' ;;^ .Jl/:. ✓a.f: <- �,. 7 L.• •*1't . G:. ?le' 11.0 ^:.. -'12C: and prior lien :Z on the I/ ope 'ty ss ? superior e._ for ..o v ` .w.t • 1J:- cam e 1 D1 ~, d iet en C a� _. :. rr 1 y :-y! r••.�•1�:�� i`�.1 r•3:, J � and n �'�•• •`•�• ?:. C.L.`..:��1. .- -,.. Si ( C,�, iV 1 • vro iz 11 .^~ c .»� is M t ^n -- a ,. 0 tf -, °2 ,. : 'dad ch �eaYelae .: 'ie o ._:-..:+ O en j SECTION 12: The engineer heretofore designated, Parkhill, Smith and Cooper, Inc., is hereby directed to proceed with the preparation of plans and specifications for the specified improvements of the said streets or portions of streets set out and described in Section 1 of this Ordinance. The said engineer is further directed to publicly advertise for sealed com- petitive contract bids based upon such plans and specifications and subject to the terms and conditions hereinabove provided for, said bids to be addressed to the City of Plainview. Said engineer is hereby authorized to consolidate the plans and specifications and the advertisement for sealed bids for the improvements herein designated in Section 1, with the improvements to cer- tain designated streets in the City of Plainview as provided in Ordinance No. 66 -935 and Ordinance No. 66 -936 of the City of Plainview. SECTION 13: The City Council reserves for itself the power to provide fcr changes in plans, methods, or contracts for improvements, or other pro- ceedings relating thereto in accordance with the provisions of Section 10 of Article 1105b, Vernon's Annotated Civil Statutes of the State of Texas. If in the opinion of the City Council of the City of Plainview it becomes advisable or expedient to enter into a contract with any contractor bidding on the improvements to be done as specified herein on a basis varying in any particular from the plans hereinabove set out either as to method of payment or otherwise, the City Council reserves the right to so contract and any contract made with a contractor deviating from the plans, specifica- tions and conditions as herein provided when so approved by Ordinance of the City Council shall be considered as a repeal of this Ordinance only and insofar as said contract may deviate in such provision or particular and to that extent and that extent only. `y, • • PASSED AND APPROVED this 20th day of June, A.D., 1966. , ATTEST: CITY CLERK, City of Plainview, Texas THE 'STATE OF TEXAS COUNTY OF HALE • THE STATE OF TEXAS COUNTY OF HALE is 0 MAYOR, City of Plainview, Texas , M, L. REA, City Clerk of the City of Plainview, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No t L- 9YL , adopted and enacted by the City Council of the C: y of Plainview, Texas, at its xegular meeting on the z0 day of A.D.; 1963, by unanimous vote of all members present. aee members of the City Council being present, and that said Ordinance is now of record in the Minutes of said City Council in Volume / 3 , page GIVEN UNDER MY HAND AND THE SEAL OF SAID CI'T'Y, this 2/ day of i` L;� 9 A.D.9. 1966. . RA, City Clerk, City of Plainview BEFORE ME, the undersigned authority, on this day personally appeared M L, REA , known to re to be the person and officer whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the u capacity therein stated. .G� VEN UNDER MY HAND AND SEAL OF C: FICE, this � ��� 9 A.D.,9 1966. . . / 0,e day of • WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General Fund (Fire Department) . funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, THEREFORE, There is hereby appropriated out of the following described The sum S •976.26 For the following purpose: ATTEST: CITY SECRETARY Approved by: 1 1 s'ffifff'CJ o ORIG!NAL rasa r .e• AN APPROPRIATION ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: '7a rc Salary for three (3) months-$900%'2: Pension $ 55.26 • ORDINANCE NO. 66 - 943 General Fund For new employee in the Plainview Fire Department WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. Passed by the Council on this 70 day of . June Division Director AND IT IS SO ORDERED MAYOR Verified CIv MANAGER s , 196 6 fund, to -wit: Department Accounting Department 185 186 AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 790 OF THE CITY OF PLAIN VIEW, TEXAS, WHICH IS AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULA- TION OF POOL HALLS OR BILLIARD PARLORS; AND CHANGING THE HOURS AND TIME DURING WHICH SAID POOL HALLS OR BILLIARD PARLORS MAY REMAIN OPEN. BE IT ORDAINED BY THE CITY COUNCIL'OF -THE CITY OF PLAINVIEW: SECTION 1: Section 11 of Ordinance No. 790 of the City of Plainview, Texas, adopted by the City Council of the City of Plainview on the 15th day of July, 1963, is hereby amended so as to hereafter read as follows: ' " Section 11: Every person, firm, association of persons, or corporation, owning or operating a pool hall or billiard parlor or combination thereof within the limits of the City-of Plainview shall remain closed and permit no person to loiter or play therein either with or without charge except during the. hours that same is herein permitted to remain open, which said hours are inaccordance with..the following schedule: [a] On Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, the said pool hall or billiard Parlor shall close at 12.• 00 P.M. and remain closed until 8:00 A.M. of the following day; [b] On Saturdays, the said pool hall or billiard parlor shall close at 12:00 "P.M. and remain closed until 8:00 A.M. of the following Monday. PASSED AND APPROVED,this the // of A.D., 1966. 1 CITY CLERK, City of Plainview, ORDINANCE NO. =' ' ``� • MAYOR, City of Plainview, Texas 1 TH:E STATE OF TEXAS COUNTY OF HALE of the Plainview Published Every Afternoon 'Except Saturday- With Enlarged July 27 1966 ) Plainview Daily PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApita1 4-4343 — P. O. BC Plainview, Texas BEFORE ME, the undersigned authority, on this day personal Nartin Scott Advertising Manager (Title) Daily Herald, a newspaper of general circulation p Hale County, Texas, who stated on oath that the attached instrumen lished in said newspaper on each of the following dates, to-wit: A. Advertising..Maxager (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 25t All A.D., 19 66 The Best Investment For Your Advertising Dollar LGAQJJS 561 , LtE PAO 1 _ o NA , ,_,__ RDNANC , 1 ,.. Q 0k4 .6 ;',Ell"vER $ . et " 'AMY, DAY 'EXCE T FROM 5'00 P.M. T 0 - TB.HEEThIllINT --....„,r .),,' ^ Ner,..QF STIZEETAN 3 , 1. ,-,!,Q) l'fv,r-IFTI4 6 4 4 -44 (AiLsa ',. t -,STATE T II'**: '.* TIO S N OU 0_ 7 4 - . 1 `1; ' : O sTRgg,f •., , pfrmist1 , G FROM - ro 1100 A ' OF ' N .,1; THE ^"e'TilE ET AND SEC- EST HI8- TO EPT HAT EET _ LY- E OF ANY -42tAY EXC SUNDAY EITHER SIDE OF THADVR,ORT WEST, SEVENTH ST X) 1 CITY OF PLAINVI TVVEEN, THE; VVEST)., INTERSECTION OF AND WEST SEVENT 4 THE EASTs SIDE 0 TION OF )NIA ST SEVENTH ST R. - [TING PARKING F 1:00 A.M. OF Art SUNDAY, ON E1THE, PORTION OF W3 ¶t IN THE CITh OFFr 1040 3ETY48N THE THE f NT ERSECTIO „, e t ON, KERS STREET 'AND WEST "SI ff STREET AND THE EAST SIDE,OF IN- TERSECTION" OF ,xEttlA .$TREET AND WEST _ SIXT1-1)) AND PROVIDING A PENA . WHEREAS, congestibfr Of traffic makes it advisable) fe prohibit the parking of motet vehicles or vehiCles of any kind on- either side , of that POrtion of YonlWre Street In the, City of Plainview IyUgzre en the North side of the in of YOokers Street and West 'Fifth Street) (also known as State Highway, 040. 70j and the South side of the intersection of Yonkers Street and West Eighth Street; and on either side of that portion of West Seventh Street in the City of Plainview lying between the West side of the intersection of Zephyr Street and West Seventh Street and the East side of the intersection of Xenia Street and West Seventh Street; and on eith- er side of that portion of West Sixth Street 0 the City of Plainview lying betWeen the West side of the inter- section of Yonkers Street and West Sixth Street and the East side of the' intersection of Xenia Street and West Sixth Street; between the hours of 5:00 P.M. and 1:00 A.M. of any clay ex- cept Sunaay; NOW, THEREFORE, BE IT ORDAINED ey THE CITY COUNCIL OF THE CITY OF PLAIN- VIEW: SECTION 1: Parking of any kind of motor vehicle on either side of that portion of Yonkers Street in the City of Plainview lying between the North side of the intersection of Yonkers, Street and West Fifth Street (else known as State Highway No. 70) and the South side Of i the intersection of Yonkers Street and West Eighth Street, between the hours of $;00, P.M. and 1:00 A,0. 60 any day except SluislaW is hereby Prohibited. • SECTI , 2: Parking of any kind o motor vahcl e on either side) of that Portion of West Seventh Street in the City of ,PlainVieW 'Vine between the West side Of the IntersettiOn of Zephyr Street and West Seventh Street and the East Side of the intersection of Xegid I Street and West Seventh Street. ,betWeen the hour e 5:01) P.M, and 100 AM. of ally /day except Sunday, it hereby prohibited. SECTION 3: Parking of any lcind of . molar v,ehicle on either „side of that portion Of West Sixth Street in fhb C ly ot Piainview lying between the West side of the intersection ,ef Tankers Street and West Sixth ,Street and the East side bf the Intel of Xenid Street and . West Sixth Street, between the hours of 5:00 P.M. and 1:00 A.M. of any day except Sunday, is hereby prohibited. SECTION 4: NO person shall park or cause to be parked a motor vehicle. automobile, truck, truck tractor, or mo. . for vehicle of any kind, or any other type of vehicle from 5:00 P.M. to 1;00 A.M. of any day except Sunday, on either side of then portion of Yonkers Notary Public, Hale County, 'I r : f c ,Z,r Street in the City of Plainview !vine I o f f he yo N n orth side of the inter_ kers street and West Fifth Street (also known at State High way No. 70) and the South side of the, intersection of Yonkers Street and West Eighth Street; and on either side of-, that portion of West Seventh Street in the City of Plainview lying between the Wet side of the intersection of Zephyr Street and West Seventh Street and the East side Of the intersection of Xenia Street and West Seventh Street; and et either side of that POrt"on of West Sixth Street in the City of Plainview) lylip between the West side at the ,tersection of Yonkers Street and West): Sixth Street and the East side of tho,d, intersection of Xenia Street and West Sixth Street; all in the Dity of Plain. '- view, Texas. SECTION 5: Any person who shalt violate or fail to comply with any of I the provisions of this Ordinance Shan be deemed guilty of 0 misdemeanor endr Upon conviction thereof Shalt be punish.' ect by a fine of not 1 than $1.0 0 a.rtren AN ORDINANCE PROHIBITING PARKING FROM 5:00 P.M. TO 1 :00 A.M. OF ANY DAY EX- CEPT SUNDAY, ON EITHER SIDE OF THAT PORTION OF YONKERS STREET IN THE CITY OF PLAINVIEW LYING BETWEEN THE NORTH SIDE OF THE INTERSECTION OF YONKERS STREET AND WEST FIFTH STREET (ALSO KNOWN AS STATE HIGHWAY NO. 70) AND THE SOUTH SIDE' OF THE INTERSECTION OF YONKERS STREET AND WEST R IGHTII STREET; PROHIBITING PARKING FROM 5 :00 P.M. TO 1 :00 A.M. OF ANY DAY .EXCEPT SUNDAY, ON EITHER SIDE OF THAT PORTION OF WEST SEVENTH STREET IN THE CITY OF PLAIN - VIEW LYING BETWEEN THE WEST SIDE OF THE INTERSECTION OF ZEPHYR STREET AND WEST SEVENTH STREET AND THE EAST SIDE OF THE INTERSECTION OF XENIA STREET AND WEST SEVENTH STREET; PROHIBITING PARKING FROM 5 :00 P.M. TO 1 :00 A.M. OF ANY DAY EXCEPT SUNDAY, ON EITHER SIDE OF THAT PORTION OF WEST SIXTH STREET IN THE CITY OF PLAINVIEW LYING BETWEEN THE WEST SIDE OF THE INTERSECTION OF YONKERS STREET AND WEST SIXTH STREET AND THE EAST SIDE OF THE INTERSECTION OF XENIA STREET AND WEST SIXTH STREET; AND PROVIDING A PENALTY. WHEREAS, congestion of traffic makes it advisable to prohibit the park- ing of motor vehicles or vehicles of any kind on either side of that por- tion of Yonkers Street in the City of Plainview lying between the North side of the intersection. of Yonkers Street and West Fifth Street (also known as State Highway No. 70) and the South side of the intersection of Yonkers Street and West Eighth Street; and on either side of that portion of West Seventh Street in the City of Plainview lying between the West side of the intersection of Zephyr Street and West Seventh Street and the East side of the intersection of Xenia Street and West Seventh Street; and on either side of that portion of West Sixth Street in the City of Plainview lying between the West side of the intersection of Yonkers Street and West Sixth Street and the East side of the intersection of Xenia Street and West Sixth Street; between the hours of 5 :00 P.M..and 1 :00 A.M. of any day ex- cept Sunday; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Parking of any kind of motor vehicle on either side of that portion of Yonkers Street in the City of Plainview lying between the North side of the intersection of Yonkers Street and West Fifth Street (also known as State Highway No. 70) and the South side of the intersection of Yonkers Street and West Eighth Street, between the hours of 5:00 P.M. and 1 :00 A.M. of any day except Sunday, is hereby prohibited. SECTION 2: Parking of any kind of motor vehicle on either side of that portion of West Seventh Street in the City of Plainview lying between the West side of the intersection of Zephyr Street and West Seventh Street and the East side of the intersection of Xenia Street and West Seventh Street, between the hours of 5:00 P.M. and 1:00 A.M. of any day except Sunday, is hereby prohibited. SECTION 3: Parking of any kind of motor vehicle on either side of that portion of West Sixth Street in the City of Plainview lying between the West side of the intersection of Yonkers Street and West Sixth Street and the East side of the intersection of YXenias Street and West Sixth Street, between the hours of 5 P.M. and 1:00 A.M. of any day except Sunday, is hereby prohibited. SECTION 4: No person shall park or cause to be parked a motor vehicle, automobile, truck, truck tractor, or motor vehicle of any kind, or any other type of vehicle from 5:00 P.M. to 1 :00 A.M. of any day except Sunday, on either side of that portion of Yonkers Street•in the City of Plainview lying between the North side of the intersection of Yonkers Street and West Fifth Street (also known as State Highway No. 70) and the South side of the intersection of Yonkers Street and West Eighth Street; and on either side of that portion of West Seventh Street in the City of Plainview lying between the West side of the intersection of Zephyr Street and West Seventh Street and the East side of the intersection of Xenia Street and West Seventh Street; and on either side of that portion of West Sixth Street in the City of Plainview lying between the West side of the intersection of Yonkers Street and West Sixth Street and the East side of the intersection of 4Xenias Street and West Sixth Street; all in the City of Plainview, Texas. ORDINANCE NO. '> SECTION 5: Any person who shall violate or fail to comply with any o the provisions 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 $200.00. PASSED AND APPROVED this _/1 MAYOR, City of Plainview, A.D., 1966. ORDINANCE NO.64-9g5 AN ORDINANCE PROHIBITING PARKING ON PORTIONS OF QUINCY STREET IN THE CITY OF PLAINVIEW, TEXAS; AND PROVIDING A PENALTY. Whereas, congestion of traffic on Quincy Street in the City of Plain- view makes it advisable to prohibit the parking of motor vehicles or vehi- cles of any kind on that portion of Quincy Street as hereinafter designated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Parking of any kind of motor vehicle, automobile, truck, trailer truck tractor, or vehicle of any kind, on either side of Quincy Street between the intersection of Quincy Street and West Fifth Street and the intersection of Quincy, Street and West Sixth Street is hereby prohibited. SECTION 2: No person shall park or cause to be parked a motor vehicle, automobile, truck, trailer truck tractor, or vehicle of any kind on either, side of Quincy Street between the intersection of Quincy Street and West Fifth Street and the intersection of Quincy Street and West Sixth Street in the City of Plainview, Texas. SECTION 3: 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 less than $1.00 and not more than $200.00. PASSED AND APPROVED this 1 day of D., 1966. Plajnview THE STATE OF TEXAS ) COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personal M. 2(Sionecil% et city sefi . 7, , •7 ,177 riTY CLERK City of 'Plainview-, Tekos-' Martin Scott (22 Published Every Afternoon Except Saturday With Enlarged CI '4+ ' Makes' f ,ing of ,kind o ''Os , - JtBE 7, COUlft V1EWft PUBLISHED BY AITTSON COMMUNICATIONS, INC. SECT10,__ Motor vehicf 801 BROADWAY — PHONE CApito14-4343 — Plainview Dail ) ) Plainview, Texas Edvertising Manager (Title) JulY 24 1966 of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: JulY. 1%6 The Best Investment For Your Advertising Dollar .2 (Title) Notary Public, Hale County, Texas BO er truck traate on either side e the inlet setter wt Fifth ef Qui f quincy is hereby prohibited. SECTI,ON 2: No Jters .„cauSe to be Porked,41p iS automobile, truck. ;roof Or vehicle of any k , rig„ DTI of Quincy Street, _. on of Ouincy f Street and the Ttters Street and West Sikt, City of Riainview, Tekos. SECTION 1:- Any perA violate or fait to tee/1110 'Me Provisions Of jtilS„, deemed nuiltV of a busile* upon conviction thereof rshittr be,11niatf,t ed by a fine of not-leas B.O not more than $200.00, "PASSED AND 'APSR6VEtt: !bra day of Joist, A. D. 19 • SUBSCRIBED AND SWORN TO BEFORE ME this 25th day of July A.D., 19 66 Nor/ al lgor'ar, ,/ • ....... THE STATE OF TEXAS COUNTY OF HALE Published Every Afternoon Except Saturday With Enlarged S PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApitol 4-4343 — P. O. BOX J TI kind Street Stedetrit teittfrher ) Plainview, Texas asips-zr, to gro,tip; li,r,:k7eg,s, irat=',314r11 0 in the City,. of S - 3 1,.., ‘10 - , 4 it be and a $ V b BEFORE ME, the undersigned authority, on this day personally ; . 2 %- --,. Martin Scott , Advertising Manager ATT (Sitned) (Title) MY "CLE CifV of PIoin of the Plainview Daily Herald, a newspaper of general circulation publiiLie'6. ..1 Hale County, Texas, who stated on oath that the attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: July 24, 1966 Advertising Manager (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 111 A.D., 19 " 25th day of Notary Public, Hale County, Texas The Best investment For Your Advertising Dollar A. D. 19 COUNTY OF HALE Fp g, 3 b Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition THE STATE OF TEXAS ) ) Plainview Daily PUBLISHED BY- ALLISON CO1VIMUNICATIONS, ikte 801, BROADWAY — PHONE CApitol 4-4343 — P. O. E 0; vchid r r ti b i rs/ c , i r e a i r -r " r p w err li gn h c414 44 wrtro hicle. or vehicles r rr- r ;stopoed i r rr'a rr i* o : ° 1: rrrr eir ::' ,r_ r [tr. r iF b I :.2t Plainview, Texas BEFORE MB, the undersigned authority, on this day person Martin Scott Advertising Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: Augt .3., 1966 A. D. 19 .Advertising.Manager (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 4th day of August A.D., 19 66 The Best Investment For Your Advertising Dollar ATTEST: (City Seal) M. L. REA CITY CLERK, City of Plainview, Texas ATTEST: (City Seal) Signed: M. L. REA CITY CLERK, City of Plainview, Texas ORDINANCE NO. 66.946 AN ORDINANCE PROHIBITING PARKING ON PORTIONS OF WEST FIFTH STREET IN THE CITY OF PLAINVIEW: AND PROVIDING A PENALTY. WHEREAS, congestion of traffic on West Fifth Street in the City of Plainview makes it advisable to prohibit the parking of motor vehicles or vehicles of any kind on that portion of West Fifth Street as hereinafter designated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Parking of any kind of motor vehicle; automobile, truck, trailer, truck tractor, or vehicle of any kind on the North side of West Fifth Street from a point 160 feet East of the East right-ofvay line of Baltimore Street to the East right-of-way line of Baltimore street is hereby prohibited. SECTION 2: No person shall park or cause to be parked a motor vehicle, auto- mobile, truck, trailer, truck tractor, or vehicle of any kind on the North side of West Fifth Street from a point 160 feet East of the East right-of-way line of Balti- more Street to the East right-of-way line on Baltimore Street in the City of Plain- view, Texas. SECTION 3: 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 less than $1.00 and not more than $200.00. PASSED AND APPROVED this lath day of July , A.D., 1966. Signed: M. B. HOOD MAYOR, City of Plainview, Texas ORDINANCE NO. 66-947 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES IN ALLEYS IN THE CITY OF PLAIN VIEW; AND PROVIDING A PENALTY. _ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: It shall be unlawful for any person in control of any automobile, truck, trailer, or any other kind of vehicle to park or permit the same to be parked in or on any public alley in the City of Plainview. The provisions of this Section 1 shall not apply to vehicles which are continuously attended by a person capable of driving the vehicle, or vehicles which are parked or stopped in such alley and are in the process of being loaded or unloaded, or are being used for the purpose of furn- ishing a service or services to adjacent bdsinesses, buildings, or residences, or for the purpose of repairing the alley or any utility located in the alley. 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 con- viction thereof shall be punished by a fine of net less than $1.00 and not more than $200.00. PASSED AND APPROVED this 1st day of August , A.D., 1966. Stgned: M. B. HOOD MAYOR, City of Plainview, Texas 189 STATE OF TEXAS s, COUNTY OF HALE CITY OF PLAINVIEW" f the City of Plainview. I ' TO THE HONORABLE CITY OF PLAINVIEW: e APPLICATION FOR ANNEXATION, Now comes 011ie Carver, a feme sole, and respectfully petitions the City Council of the City of Plainview to annex to the City of Plainview the following described area, to -wit: All of the East 200 feet of the East One -Half of Lot 3, Block 3, of the Alabama Addition to - the Town of Plainview, Hale County, Texas, as shown by the plat of such addition of record in Book - 14, page 581, Hale County, Texas. In connection with this petition and application for annexation, the said 011ie Carver, a feme sole, would respectfully show to the Honorable City Council of the City of Plainview as follows :` I.' That 011ie Carver, a feme sole, is the owner of all the land . hereinabove described. II. That said land and area is contiguous to the City Limits of the City of Plainview, Texas, and is accessible to city water and city sewer. WHEREFORE, Petitioner, 011ie Carver, a feme sole, respectfully requests that said area and territory hereinabove described be annexed to the City of Plainview, and brought within the city limits OLLIE CARVER STATE OF TEXAS COUNTY OF HALE X BEFORE ME, the undersigned authority, on this day personally appeared OLLIE CARVER, a feme sole, known to me to be the person whose name is subscribed to the foregoingiinstrument, and acknowledged to me that she executed the same for-the purposes and consideration therein expressed. y GIVEN MY HAND AND SEAL OF OFFICE, This E day of July, A,. D..,1966„.. HALE COUNTY, TEXAS. NOTRY PUBLIC, WHEREAS, the City Council of the City of Plainview finds it is I lnecessary to appropriate certain specific funds out of General Fund funds for an approved project' and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, ;'HERE, OBE, Approved by: Division Director ORIGINAL MAYOR Verified by CITY NAGER Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General Fund Account No. 14-9. - Building Maintenaahce The sum $ 850.00 For the following purpose: Payable to Tontine Shade Shop, 107 -19th Street, Lubbpck, Texas for tielve Green Tackboard for various departments and one chalk board - $605.75. , ( Balance amounting to $244.25 to be used at a later date.) WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. Passed by the Council on this AN APPROPRIATION ORDINANCE AND IT IS SO ORDERED 1st day of . Au_ust ORDINANCE O. 96 :Jv 196 6 fund, to -wit: L NOTICE OF ANNEXATION PROCEEDINGS TO BE INSTITUTED BY TIE CITY OF PLAINVIEW 1 A public hearing will be held by the City Council of the City of Plainview at the regular meeting of the City Council at the C-ity Hall in the •City of Plainview, Texas, beginning at 7:30 P. M. on the /-5 day of , A. D. 1966, pertaining to the annexation to the City of Plainview of all that certain area and areas described as follows: All of the East 200 feet of the East One-Half of Lot 3, Block 3, of the Alabama Addition to the Town of Plainview, Hale County, Texas, as shown by the plat of such addition of record in Book 14, page 581, Deed Records, Hale County, Texas. The said public hearing will be held to provide an opportunity for all interested persons to be at said public hearing. This notice is given in accordance with the provisions of Section 6 of the "Municipal Annexation Act" of the State of Texas, as amended, and said hearing is to be held for the purpose of complying with the provisions of the 'Municipal Annexation Act." M. B. HOOD, MAYOR, City of Plainview. ORDINANCE NO. 66 -949 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 BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW;, 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, by 011ie Carver, a feme sole, owner of the hereinafter described area and territory, petitioning the City Council of the City of Plainview, to annex and admit the following described area and property into the City of Plainview,- Texas, to -wit: A11 of the East 200 feet of the East One -Half of Lot 3, Block 3, of the Alabama Addition to the Town of Plainview, Hale County, Texas, as shown by the plat of such addition of record in Book 14, page 581, Deed Records, Hale County, Texas; WHEREAS, prior to the institution of said annexation proceedings and pursuant to the said petition, notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainview was duly given by publishing same in the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and said public hearing was duly held; 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 of the residents of said JJarea 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 of the City of Plainview that the following' described tract of land, to -wit: All of the East 200 feet of the East One -Half of Lot-3, Block 3, of the Alabama Addition to the Town of Plainview, Hale County, Texas, as shown by the plat of such addition of record in Book 14, page 581, of the Deed Records, of Hale County, Texas; 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 the owners of said tract of land has petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction ofthe City of Plainview, Texas. SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. Plainview THE STATE OF TEXAS COUNTY OF HALE /.76 Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview Daily Herald PUBLrSHED BY ALLISON COMMUNICATIONS, 1N 801 BROADWAY — PHONE CApitol 4-4343 — P. O. Plainview, Texas aIagu s P h irl ow lV record 1 • Records, tQI e C t0 ted flea s BEFORE ME, the undersigned authority, on this day person rAl of Teita; iii - Is to be :avid Jo Martin Scott Advertising Manager ply° cfpal Annek anon! om .B (Title) / 800404 MaYor • • .. of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that the attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: August 3, 1966 (Title) SUBSCRIBED AND SWORN TO BEFORE ME this 4th day of August A, D., 19 66 , Notary Public, Hale County, Texas The Best Investment For Your Advertising Dollar A. D. 19 Advertising Manager 0 SECTION 4: It is found and determined and ordained by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described property be and the same is in all respects annexed to and made a part of the City of Plainview, Texas. SECTION 5: It is further determined and ordained by the City Council of the City of Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may levied by the City of Plainview, Texas. ATTEST: PASSED, APPROVED AND ADOPTED: This day of Y , A. D. 1966. STATE OF TEXAS X COUNTY OF HALE X CITY OF PLAINVIEW X N. B. HOOD, MAYOR, City of Plainview. APPLICATION FOR ANNEXATION TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW: Now comes J. J. KIRCHHOFF and E. H. KIRCHHOFF, and respectfully petition the City Council of the City of Plainview to annex to the City of Plainview the, following described area, to -wit: A tract of land out of Section 28, Block JK -2, Hale County, Texas, described by metes and bounds as follows: to :a Corner of BEGINNING at a point in the South right -of -way line of U. S. Highway No. 70, the same being 5164.9 feet North of the Southwest Corner of Section 28; THENCE S. 8'9 57' W. 37.5 feet to a point in the West line of Westridge Road; THENCE S outh 170.0 feet along the West line 'of Westridge Road to a point; THENCE N. 89 57' E. 75.0 feet to a point in the East line of Westridge Road; THENCE S. 59 39. E. 928.18 feet to a point; THENCE S. 70 03' E. 1395 feet, 500 feet South of the South right -of -way of U. S. Highway No 70, to a point in the existing City Limits line; THENCE S. 0 12.4' W. 375 feet with the existing City Limits and 500 feet West and parallel to the West right -of -way of Loop 274, to a point; THENCE S. 70 03' E. 215 feet with the South City Limits, to a point; THENCE S. 0° 12.4' W. 969.15 feet, 300 feet West and parallel to the West right-of-way of Loop 274; THENCE S. 5 41.5' W. 1325.14 feet, 300 feet West and parallel' to the West right -of -way of Loop 274 to a point; THENCE N. 89 55.6' W. 563.93 feet to a point, the Northwest Corner of a 15 acre tract; THENCE S. 0 10' W., 660.00 feet, to a point, the Southwest a 15 acre tract; THENCE S. 89 ° 55.6' E. of 274; 194 THENCE S. 84 18.5 E. 300 feet, to a of Loop 274; THENCE Northeasterly with the East in the present City Limits; ts THENCE N. 70 03' W., 910 feet, hu City �Limits THENCE N. 0° 12.4' E. with the present West North right -of -way line of U. S. Highway No. 70; THENCE N. 70 03' W., 1165 feet, along the North right -of -way U. S. Highway No 70, to a point, of curvature of a curve; THENCE along a 2 curve to the left; THENCE S. 89 57' W. 83.78 feet to a point in line of U. S. Highway No. 70 and an extension Westridge Road; THENCE South 120 feet to a point, THENCE N. 89 57' E. 37.5 feet to the point In connection with this petition and application for annexation, the said J. J. KIRCHHOFF and E.'H. KIRCHHOFF would respectfully show to the Honorable City. Council of the City of Plainview as follows: the State Highway Right -of -Way. point in the East right -of -way line right -of -way line of beginning. of Loop'.274 to to a point; a point in the line of a point the North right -of -way of the West line of That J. J. KIRCHHOFF and E. H. KIRCHHOFF are the owners of the following described portion of the above tract of land: A tract of land out of Section 28, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the South right -of -way line of U. S. Highway No. 70, the same being 5164.9 feet North of the Southwest. Corner of Section 28; THENCE N. 89 57' E., 46.28 feet to the point of curvature of a curve; THENCE along a 20 ° curve to the right, 982.53 feet (curve length); THENCE S. 70 03' E. 1239.68 feet along the South right -of -way of U.S. Highway No 70 to a point; the Northwest Corner of Westridge No 2; THENCE S. 19 57' W., 500 feet to a point, the Southwest Corner of Westridge No. 2; THENCE S. 70 03' E., 413.81 feet, along the South boundary of Westridge N. 2 to a point; THENCE S. 76 37.5' E., 256.75 feet, along the South boundary of Westridge No. 2, to a point in the West right -of -way line of Loop No 274; THENCE S. 0 12.4' W., 1281.4 feet, along the West right -of -way line of Loop 274 to a point; THENCE S. 5 41.5' W., 1973.87 feet, along the West right -of -way line of Loop 274 to a point; THENCE N. 89° 55.6' W., 801.52 feet to a point, the Southwest Corner of a 15 acre tract; THENCE N. 0° 10' E., 660.00 feet, to a point, the Northwest Corner of a 15 acre tract; THENCE S. 89 55.6' E., 563.93 feet to a point; THENCE N. 5 41.5' E., 1325.14 feet, 300 feet West from and parallel to the West right -of -way` of Loop 274 to a point; THENCE N. 0 12.4' E., 1344.15 feet, 300 feet West from and parallel to the West - ri ht of -wa of Loop 274 to a point in the South line of Westridge No. 2 ;, g Y THENCE N. 70 03' W., 1600.30 feet, 500 feet South of the South right-of-way of U. S. Highway No. 70, to a point; THENCE N. 59 39.39' W., 928.18 feet to a point; THENCE S. 89° 57' W., 37.5 feet to a point in the West line of Section 28; THENCE North 170.0 feet to the point of beginning and containing 52.9 acres more or less. The remainder of the tract upon which annexation is requested is included in and ORDINANCE NO. 66 -950 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 BY THE LAND OWNERS AND THAT NOTICE OF A PUBLIC HEARING TO BE HELD PERTAINING TO THE INSTITUTION OF SUCH ANNEXATION PROCEEDINGS BY THE CITY OF PLAINVIEW HAS BEEN GIVEN AND THAT SUCH PUBLIC HEARING HAS BEEN DULY HELD; AND ANNEXING SAID AREA TO THE CITY OF PLAINVIEW; 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, by J. J. KIRCHHOFF and E. H. KIRCHHOFF, owners of a portion of the hereinafter described land, described in said petition, with the remainder of the hereinafter described land being included in the State Highway Right -of -Way, petitioning the City Council of the City of Plainview to annex and admit the following described area into the City of Plainview, Texas, to -wit: A!tract of land out of Section 28, Block JK -2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the South right -of -way line of U. S. Highway No. 70, the same being 5164.9 feet North of the Southwest Corner of Section 28; THENCE S. 89 57' W., 37.5 feet to a point in the West line of Westridge Road; THENCE South 170.0 feet along the West line of Westridge Road to a point; THENCE N. 89 57' E. 75.0 feet to a point in the East line of Westridge Road; THENCE S. 59 39.39' E. 928.18 feet to a point; THENCE S. 70° 03' E. 1395 feet, 500 feet South of South right -of -way of U. S. Highway No. 70, to a point in the existing City Limits line; THENCE S. 0 12.4' W. 375 feet with the existing City Limits and 500 feet west and parallel to the West right -of -way of Loop 274, to a point; THENCE S. 70 03' E. 215 feet with the South City Limits, to a point; THENCE S. 0 12.4'.W. 969.15 feet, 300 feet West and parallel to the West right -of -way of Loop 274; THENCE S. 5 41.5' W. 1325.14 feet, 300 feet West and parallel to the West right -of -way of Loop 274 to a point; THENCE N. 89 55.6' W. 563.93 feet to a point, the Northwest Corner of a 15 acre tract; THENCE S. 0 10' W., 660.00 feet, to a point, the Southwest Corner of a 15 acre tract; THENCE S. 89 55.6' E., 801.52 feet, to a point in the West right -of -way of Loop 274; THENCE S. 84 18.5' E. 300 feet to a point in the East right -of -way of Loop 274; THENCE Northeasterly with the East right -of -way line of Loop 274 to a point in the present City Limits; THENCE N. 70 03' W. 910 feet, with the South City Limits, to a point; THENCE N. 0 12.4' E. with the present West City Limits to a point in the North right -of -way line of U. S. Highway No. 70; THENCE N. 70 03' W. 1165 feet, along the North right -of -way line of U. S. Highway No. 70, to the point of curvature of a curve; THENCE along a 2° curve to the left; THENCE S. 89 57 W. 83.78 feet to a point in the North right -of -way line of U. S. Highway No. 70 and an extension of the West line of Westridge RoadH THENCE South 120 feet to a point; THENCE N. 89 57'. E. 37.5 feet to the point of beginning. WHEREAS, prior to the institution of said annexation proceedings and pursuant to said petition, notice of a public hearing to be held pertaining to the institution of said annexation proceedings by the City of Plainview was STATE OF TEXAS COUNTY OF HATE II. That said land and area is contiguous to the City Limits of the City of Plainview, Texas, and is accessible to City Water and City Sewer. WHEREFORE, Petitioners, J. J. KIRCHHOFF and E. H. KIRCHHOFF, respectfully request that said area and territoty hereinabove described be annexed to the City of Plainview, and brought within the City Limits of the City of Plainview. X BEFORE.ME, the undersigned authority, on this day personally appeared J. J. KIRCHHOFF,.known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the sae purposes -and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This STATE OF TEXAS X COUNTY OF HALE BEFORE ME, the undersigned authority, on this E. H. KIRCHHOFF, known to me to be the person whos foregoing instrument, and acknowledged to me that Purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF`OFFICE, This x j'Ac/ day of August, A. D. 1966. day personally appeared e name is subscribed to the he executed the same for the ., day of August, A. D:' 1966. 6(-7e4/7-,--/P J Hale County, Texas. Fe : 4, t. 7 Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition THE STATE OF TEXAS ) COUNTY OF HALE ) August 4 1966 BEFORE ME, the undersigned authority, on this day persona4 g.y g - feetrte Businean .Manager. Ailt4 3, 9605 feet,A (Title) es t t c 61N 4. C W Eti f , of the Plainview Daily Herald, a newspaper of general circulation 1 ZOtrirgia, w.q. 132.5: fe0,- 19 TRENCH ft- 89 aggro , 563,93 feet fo',aaoth Hale County, Texas, who stated on oath that the attached instrumel'iggreV 660.00 feef, to , cf aoinfA' corner of 'a 1 re ';te ef, -f-HolcE s..., 8 qr. , rtOrfiglfeit, 1Ar it of ,LOoa F „ 0,,,,,,,, oh., of Loop - iv ,Titi4000' Z no f=of-way,,iino, of t in .tbe Txs t eIty,...44 re.-4-- THeNcEz 70 otegreo , Businens Managg;49,94A,77-, S�ut - MENG 1 , f y ,e ft :7 5 :, N res . en :d we, 4 a poi therftorfff',T Of U.S. aY (Title) of4313:5:`:fi , 7: f ' , W EE kf t P r egre 2 d e 14 NC N. ' 2 ? :e4 feet Ot way Jine of U.S. u. extensIon of the West 41 ridge Jamen 13..:O swald lished in said newspaper on each of the following dates, to-wit: SUBSCRIBED AND SWORN TO BEFORE ME this *1.102 st A.D., 19 66 , PUBLISHED BY ALLISON COMMUNICATIONS, INC 801 BROADWAY — PHONE CApitoI 4-4343 — P. O. Plainview, Texas .... Notary Public, Hale Coun The Best Investment For Your Advertising Dollar - 9:5-6 SECTION 3: It is found and determined that notice of a public hearing to be held pertaining to the institution of annexation proceedings by the City of Plainview for the purpose of annexing said area to the City of Plainview has been given in accordance with the statutes of the State of Texas, and that said public hearing has been duly held. SECTION 4: It is found and determined and ordained by the City Council of the City of Plainview, Texas, that said petition in all things be granted and that the above described property be and the same is in all respects annexed to, and made a part of, the City of Plainview, Texas. SECTION 5: It is further determined and ordained by the City Council of the City of Plainview that the above described area from and after the date of this ordinance be subject to the control and jurisdiction of the City of Plainview and be subject to taxes and other assessments which may be levied by the City of Plainview, Texas. PASSED, APPROVED AND ADOPTED, This X5 - ,a, day of August, A. D. 1966. MAYOR, CITY OF PLAINVIEW. duly given, by publishing same in the Plainview Daily Herald in accordance with the requirements of the statutes of the State of Texas, and said public hearing was duly held; 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 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 of the City of Plainview that the following described tract of land, to-wit: A tract of land out of Section 28, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the South right -of -way line of U. S. Highway No. 70, the same being 5164.9 feet North of the Southwest Corner of Section 28; THENCE S. 89 57' W. 37.5 feet to a point in the West line of Westridge Road; THENCE South 170.0 feet along the West line of Westridge Road to a point; THENCE N. 89 57' E. 75.0 feet to a point in the East line of Westridge Road; THENCE S. 59 39.39' E. 928.18 feet to a point; THENCE S. 70 03' E. 1395 feet, 500 feet South of South right-of -way of U. S. Highway No 70 to a point in the existing City Limits line; THENCE S. 0 12.4' W. 375 feet with the existing City Limits and 500 feet West and parallel to the West right -of -way. line of Loop 274 to a point; THENCE S. 70 03' E. 215 feet with the South City Limits, to a point; THENCE S. 0 12.4' W. 969.15 feet, 300 feet West and parallel to the West right -of -way of Loop 274; THENCE S. 5 41.5' W. 1325.14 feet, 300 feet West and parallel to the West right -of -way of Loop 274 to a point; THENCE N. 89 55.6' W. 563.93 feet to a point, the Northwest Corner of a 15 acre tract; THENCE S. 0 10' W. 660.00 feet a 15 acre tract; THENCE S. 89 55.6' E. 801.52 feet, , of Loop 274; THENCE S. 84 18.5 feet E. 300 feet to a point in the East right -of -way line of Loop 274; THENCE Northeasterly with the East right -of -way line of Loop 274 to a point in the present City Limits; THENCE N. 70 03' W. 910 feet, with the South City Limits to a point; THENCE N. 0 - 12.4' E. with the present West. City Limits to a. point in the North right -of -way line of U. S. Highway No. 70; THENCE N. 70 03' W. 1165 feet, along the said North right -of -way line of U. S. Highway No 70 to the point of curvature of a curve; THENCE along a 2 curve to the left; THENCE S. 89 57' W. 83.78 feet to a point in the North right -of -way line of U. S. Highway No 70 and an extension of the West line of Westridge Road THENCE South 120 feet to a point; THENCE N. 89 57' E. 37.5 feet to the point of beginning. and all of which land lying and being situated in Hale County, to the City Limits of the City of Plainview, Texas. SECTION 2: It is found and determined that the of the said tract land petitioned the City of Plainview to annex said area and to make the same subject to the jurisdiction of the City of Plainview, Texas. to a point, the Southwest Corner of to a point in the West right -of -way Texas, is contiguous of [ a] ORDINANCE NO. e AN ORDINANCE DESIGNATING CERTAIN STREETS IN THE CITY OF PLAINVIEW AS TRUCK ROUTES FOR INTER -CITY AND INTRA -CITY TRAVEL; PROVIDING THAT ALL TRUCKS, TRACTORS, TRUCK TRACTORS, TRAILERS, OR COMBINATION TRUCK AND TRAI HAVING A CARRYING CAPACITY IN EXCESS OF ONE TON SHALL USE SAID TRUCK ROUTES; PROHIBITING SAID VEHICLES FROM USING ANY OTHER STREET OR STREETS IN THE CITY OF PLAINVIEW EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, the driving and operating of trucks and vehicles having a carrying capacity of more than one ton on streets in the City of Plainview is causing a deterioration of the paving, creating a hazard because of the congestion of traffic, and makes it advisable to limit truck traffic in the City of Plainview to certain streets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The following streets of the City of Plainview are hereby designated as truck routes for all trucks and motor vehicles having a gross tonage in excess of one ton. Date Street, also known as FM 400; [b] Columbia Street, also known as U. S. Highway 87 (Business Route); [c] Quincy Street; [d] Loop 274 of U. S. Highway 87; [e] West Fifth Street, also known as U. S. Highway 70; [f] Dimmitt Road Northwest, also known. as State Highway 194; [g] Twenty- Fourth Street;' [h] That part of Eleventh Street lying between Date Street and Columbia Street; Sixteenth Street from Date Street to East City Limits; Milwee Street, That part of Ninth Street from Milwee Street to Frisco Street, Frisco Street, Hilton Street and El Camino (Drive) Street. 2 0 0 SECTION 2: All drivers or operators of any truck, tractor, truck tractor, trailer, or combination truck and trailer having a carrying capacity in excess of one ton, in making deliveries to points within the city limits of the City of Plainview having as a destination a point within the City of PlainvieTand having as a starting point or place of loading any place within the city limits of ,the City of Plainviewishall drive and operate said truck or motor vehicle from the point of its departure to the nearest point of entry to the street or highway hereinabove designated as a truck route or routes and shall thereafter travel along the street or , j streets designated by this Ordinance as a truck route or routes to the point or place on said truck route nearest the place of delivery or destination of said vehicle before leaving the street or streets constituting a truck route. SECTION 3: All drivers or operators of any truck, tractor, truck tractor, trailer, or combination truck and trailer having a carrying capacity in excess of one.ton9when driving said vehicle from any point outside the city limits of the City of Plainview to any point inside the city limits2 shall drive said vehicle on the street or streets herein designated as truck routes to the nearest point of their destination within the City of Plainview before departing therefrom. SECTION 4: Any driver or operator of any truck, tractor, truck tractor, trailer, or combination truck and trailer having a carrying capacity in excess of one ton when driving said vehicle from any point within the city limits of the City of Plainview to a place outside the city limits ,shall drive and operate said truck or motor vehicle from the point of its departure to the nearest point of entry to the street or highway hereinabove designated as a truck route or routes shall thereafter travel along the street or streets designated by this Ordinance as a truck route or routes until said vehicle leaves the city limits of the City of Plainview. SECTION 5: Any person driving or operating a truck, tractor, truck tractor, trailer, or combination truck and trailer, having a carrying capacity in excess of one ton, when traveling through the City of Plainview shall drive same on the street or streets designated hereinabove in Section One of this Ordinance as a truck route shall not operate said truck, tractor, truck tractor, trailer, or combination truck and trailer on any other street or highway in the City of Plainview. Plainview THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this James B. Oswald Business (Title) riewn es Stella 'Highway 194; Tf) bingnitt •17oad Northwest, also of the Plainview Daily Herald, a newspaper of general circulation pt ,:: "' 1 ikart ,of El. , ;erriti., Streert 1idng ,.' i) 'TWerity-Fdurtit 'Street; . . instrument4I'r,LSAtietri Street from Date to eost Hale County, Texas, who stated on oath lished in said newspaper on each of the following dates, to-wit: September 12, 1966 Published Every Afternoon Except Saturday With Enlarged Plainview Dail Fee $ 740 %. CE R- Y f FOR V- EXCESS •F ONE TON '.1 I 0CI I <S, I - .ACTORS, T N. TRUCK , - ..r.AN . G ,CARRYING HALL "USE' SAID TRUCK ROUTES; PROHIRITING SAID VEHICLES FROM USING ANY OTHER STREET .OR STREETS IN THE CITY OF PLAIN- 'AfrEiry 'ExcEPr' 1N ACCORDANCE ',WITH THE PROVISIONS OF THIS OR- DINANCE; PROVIDING FOR sEvEtto,- ILITY AND PROVIDING A PENAL- PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY — PHONE CApital 4-4343 — P. O. BOX 9 : :of trucks and vehidles having crcartylng „ . ... wHEREAS, the driving .and operating C Pacify of more than one 'ion- on-streets 411 the City of Plainview is causing a 'deterioration of the paving, creating a hakard because of , the congestion of ttaffic, and makes if advitable to limit Mick traffic in The City of PkiinvieW to Certain steerts; NOW, THEREFORE, BE IT OROMN,D -Sy THE CITY COUNCIL O9 THE CITY OF PLAIN- VIBVV: Plainview, Texas U.S. Highway 97 (Business 1 'Rbute); Columbia Street, also known as I (f) Quincy Street; 11 day persona .0) Loo0 274 of U.S. Highway /37; Manager • West Fifth Street, also known as 73; • that the attached A. Business Mane The Best Investment For Your Advertising Dollar SUBSCRIBED AND SWORN TO BEFORE ME this 4.2t Sept. . A D 19 66 ..... (Title) Notary Public, Hale County, , 7: The folloWing Streets of Tie City of Plainview are hereby des- tatiated as truck routes for all trucks 1 ; r -.ciltict:motor, vehicles having a gross 'fon- I age in excess of ■on ton. i (a) Date Street, also knOwn as FM 3 - 460; q . b9tbouen Date Street and Columbia At 11 il;'' Milwee Street, That part of Ninth 14, fgaoAlthrtveZt, rigi 1; ri rd I'ETrOmino (Drive) Street. SECTION 2: All drivers or operators . any truck, tractor, truck tractor, liclilet, or carnbination truck and trailer Minna a carrying capacity 01 excess of o, in making deliveries to mints _ tho the city limits of the City of PRIlityiew, or haVing as a destination a -Within The City of Plainview, and I radgrig a (lagfivplateleereinwg point or P hecity 4..'dfI' 'the City of Plainview, , shalt drive I tand XiPerate said truck or Motor vehicle I IrOM":the point ot its -departure to the ne reit point of entry to the street or il side .the city limits, shall drive said ve- ighWay OereinaboYe designated as a k" toile or ratites, and shall there ng , ' 4tecivel cla the street or streets J 'clekgnated by tins Ordinance as a truck route or routes to the point or place , on ' said truck route nearest the • place 1 tV deb-Very ot destination of said vehicle ' Sti fliting a 'track route.. 1 before leaving the street or street; con- YSE 1: All drier; or operators Ob any truck, tractor, truck tractor, , trailer, or combination truck and trail- er , having a carrying capacity in excess Ofr: ene ton, - when driving said Vehicle 'MOW*. GM+ point outside the city thrifts of Me :City of Plainview to any point M- tge,* an the street or streets herein des- ignated as truck routes to the nearest point, of their destination within the City of Plainview before departing therefrom. 'S'EdION 4: Any driver or operator of ii-060k, tractor, truck tractor, trailer, or cartibination truck and trailer having s,,kartylbsi capacity in excess of one to SECTION 6: The use of all streets in the City of Plainview by the operators or drivers of any truck, tractor, truck tractor, trailer, or combination truck and trailer, having a carrying capacity in excess of one ton the driving of any of said vehicles on any street or streets in the City of Plainview except as provided herein in accordance with the terms and provisions of this Ordinance is hereby prohibited. SECTION 7: 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 unconstitu- tional, 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 8: All Ordinances or parts of Ordinances of the City of Plainview in conflict herewith, are hereby repealed. SECTION 9: Any person violating any of the provisions of this Ordinance or any person failing to comply with any provision 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). /PASSED AND APPROVED this l 55th day of August , A.D., 1966. City of Plainview MAYOR, City of Plainview 2 02 ORDINANCE NO. 11 c 451. AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON PORTIONS OF STREETS IN THE CITY OF PLAINVIEW; DESIGNATING SAID PORTIONS OF STREETS SCHOOL ZONES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, WHEREAS, 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 the operation of vehicles under the conditions found to exist on the portions of the streets hereinafter described located in the City Of Plainview is as prescribed by the Ordinance hereinafter enacted; and WHEREAS, said engineering and traffic investigation shows that the portions of the streets in Plainview hereinafter in this Ordinance designated are in the vicinity of schools in the City of Plainview and that the safety of the school children makes it advisable and necessary to designate said portions of streets as school zones and to prescribe the maximum limits of speed as hereinafter prescribed by this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION l: The portion or portions of the streets of the City of Plainview hereinafter described and designated are hereby declared to be school zones. h Stree Street' a ,uincy Street anon Smythe Street; It shall be unlawful for any ?erson automobile, motor cycle, motor scooter, or any type 3f motor to operate said automobile .otbz y cle, motor ou.e any type of motor vehicle which s f °oro?ew a . a greater ', ;nan twenty (20) miles per hour between. c a — 8:00:a .m. w 4;00 ; , on Mondays, Tuesdays, Wednesdays : :a L i'ricaay5 c".ti ...a.+-.`. ar-. on the following portions of the fc,:.. _.,., _a On Galveston On Houston On 12th On l3th On 16th ee :. t and :aouston Z :reec; is self - propelled, v... eet; On Su °uthoadw YL between Southwest 9th Street and East Alpine Strec' y Between Southwest llth Street and Southwest 13th Street by Hillcrest School; On 18th Street between Independence Street and Joliet Street; On Independence Street between 18th Street and 20th Street; On llth Street between Oakland Street and Raleigh Street; On loth Street between Portland Street and Quincy Street; On Canyon Street between 5th Street and 10th Street; On 20th Street between Utica Street. and Amarillo Street; On Yonkers Street between 19th Street and 24th Street; On Joliet Street between 18th Street and 20th Street; On 32nd Street between Joliet Street and Lexington Street; On Lexington Street between 31st Street and 32nd Street; On Austin Street between Campbell Street and Givens Street; On Ash Street between 9th Street and 10th Street; On 9th Street between Ash Street-and Beech Street; On East 4th Street between Cedar Street and Elm Street; On Hilton Street between 1000 block and 1300 block of El Camino Drive; On Quincy Street between 9th Street and 16th Street; SECTION 2: At all other times except during the hours on the days as hereinabove provided in Section 1 at which times the speed limit is desig- nated and set as a maximum of twenty (20) miles per hour, the speed limit on said portions of said streets shall be thirty (30) miles per hour. SECTION 3: Subsection 1 of Section 75 of Article III, Chapter 14, of the Code of the City of Plainview, 1957, is hereby repealed. All other parts or sections of Ordinances of the City of Plainview fixing speed limits in the City of 2-a inview on the portions of streets as set out and described in Section 1 hereof, insofar as the same are in conflict herewith, are hereby repealed. SECTION 4: Any 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 by fine of not less than $1.00 and not more than $200.00. PASSED AND APPROVED this XI/ day of September, A.D., 1966. M. L. Rea, CITY CLERK M. B. Hood, MAYOR THE STATE OF TEXAS COUNTY OF HALE James B. Oswald Feet el 0 , 466 SlaZi' It'D: ' 0 ' N. ,:- 6 , , L . 1%3 t." BETS HE L I ' j ''.- NI F IN T .i-..",,,,..4.4.,..,. nE TONS [73 REPEALING L OF PARTS OF ALL ° INA1P I EPTIP 't°14,. Il l i tCT HEREWITH; AND ptitteors- A PENALTY FOR THE, VIOLA- • • • tTION OF THIS ORDINANCE, H Published Every Afternoon Except Saturday With Enlarged Plainview Dm y BEFORE ME, the undersigned authority, on Plainview, Texas (Tht) of the Plainview Daily Herald, a newspaper of general circulation i Hale County, Texas, who stated on oath that the attached instrum lished in said newspaper on each of the following dates, to-wit: September 12, 1966 Business Manager SUBSCRIBED AND SWORN TO BEFORE ME this Set A.D., 19 66 *,] The Best Investment For Your Advertising Dollar trcWit ' the City of FlainvieW finds that 'pirate* stances are such that the. Maxiintiftr reasonable safe Speed - ler the operatic)* of vehicles under the conditiOna found, PUBLISHED BY ALLISON COMMUNICATIONS, INC. to exist on the portions of the streeta- hereinafter desCribed located iti the City 801 BROADWAY — PHONE CApitol 4-4343 — P. 0. BOX 911 of Plainview is as prescribed by, thvOr- dinance hereinafter erlacteci; and WHEREAS, said engineering and tear-, • fie investigation shows that tb pOrtioris of the streets in Plainview hereinafter, In this Ordinante designated are in - life vicinity of schools in the City_ of plairt-t view and that the safety of the Selle6( children makes It advisable and ileae.S.; sary to designate said portions of streets as school tones and to prestribe thce MaXimurri limits of speed as herejflqffer prescribed by this Ordinante; NOW THEREFORE, BE IT ORDAINED BY THE C COUNCIL OF THE CITY OF PLAIN- VIEW: SECTION 1: The portion or portioria df the streets of The City of PlainvieW hereinafter described and designated are - I hereby dedared to be school 2onet. t shall be unlawful for any person' this day personally p operating Orly ° rn fooblle, motor eyrie, Motor scooter, Or any type of motor ve. hicle vynicti is self-propelled, to operate' motor 0 i cycle, no V i rg which is elfararre at a greater Manager (Title) Notary Public, Hale County, Texas I I:speed than' twenty (20) miles Per "'hear 1 , between the hours of 1100 0.01. and 4011, jlo on Mondays, Tuesdays, Wedries..., j 'days, ThUrtdays, and Fridays of each :week on SkO•foiloWing ool 01 thelet; loWing streett: On Galveston Street between 12th Street and 13th Street; ent Pa Houston Street between lith Street .1 " and 13th Street; On 12th Street betWeen Galveston Street c Houston Street; 13ft" Street between Galveston Street A 0,.0r10 Houston Street; Dr" 16th Street between Quincy Street =arid Smythe Street; South Broadway Street b tw southwest 9th Street and East e Aiti ee ine . ki-Street; tiltftWeeri Southwest lith Street and Nl 13th Street by HIllerest 12th On n Strfe!let St reet; indePendence Street a a Jal r e . Orr independence Street between lief' •[ Street and 20th Street; ' On Ilthr Street between Oakland Street d clnd Raleigh Street; a On TOth Street between Portland Street onct Quincy Street; On Canyon Street between Sth Street and 10th Street; Ori 20th Street between Utica Street and " Amarillo Street; 10/1„..,...-.Yonkers Street between lift Stre diicIP24th 'Street; Oo Itoliet Street between 1831 Street and treat: ,: