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Volume 5 Ord 72-1264 74-1510
ORDINANCE NO. 72-1264 AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY ALL DEPARTMENTS OF THE CITY GOVEP~NMENT WHICH NOW PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; AND PROVIDING FOR PAYMENT OF THE CITY'S CONTRIBUTIONS ON ACCOUNT OF SUCH PARTICIPATION. WHEREAS~ the governing body of the City ,of Plainview, Texas, has heretofore elected to have the employees of designated departments of the city government participate in the Texas Municipal Retirement System (such departments being hereinbefore called "participating departments") and ' ' WHEREAS, Chapter 312, Acts Regular Session, 56th Legislature provides for establishment in said System of a Supplemental Benefits Fund to provide for additional disability benefits for service connected disabilities, and WHEREAS, the governing body of the City of Plainview, Texas, finds that it will be in the public interest to provide for participation of employees of such departments in said Supplemental Benefits Fund; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL of Plainview, Texas: Section 1. The City of Plainview, Texas, by its City Council hereby elects to have the employees of all participating departments of said city (as above defined) participate in and be covered by the Supplemental Benefits Fund of the Texas Municipal Retirement System, as provided by Chapter 312, Acts Regular Session, 56th Legislature; and all the benefits and obligations of participation in said Fund are hereby accepted by the city as to such employees. Section 2. The City Manager is hereby directed to notify th~ Board of Trustees of the Texas Municipal Retirement System that the City of Plainview, Texas, has elected to participate and have the employees of the above mentioned departments participate in the Supplemental Benefits Fund of said System. Section 3. Each person who becomes an employee of any Participating department on or after the effective date of participation of such department in said Fund shall as a condition of his employment be covered into the Supplemental Benefits Fund of said System. The City of Plainview, Texas, may in the future refuse to add new departments or new employees to said Fund, but shall never discontinue as to any members who are covered into the Fund. Section 4. The Director of Finance or City Clerk is hereby directed to remit monthly to the Board of Trustees of the Texas Municipal Retirement System at its office in Austin, Texas, as the City's contributions to the Supp!emental~BenefitS Fund of the Texas Municipal Retirement System, such percentage of earnings of the above mentioned employees said city as may be fixed by the Board of Trustees of the Texas Municipal Retirement System, provided that~ the~rate of contribution to said Fund shall not exceed one- half of one percentum (1/2%) of the earnings of'the employees of~said city who are covered under said Fund; and such official shall make for the City such reports as the Board of Trustees of the Texas Municipal Retirement System may prescribe. ~'-'Section 5. Participation of the above-mentioned employees in the Supplemental Benefits Fund shall be effective October 1, 1972. PASSED AND APPROVED this the 21st day of August., 1972. KELTZ GARRISON, Mayor Pro Tem ATTEST:. M. L. REA; C~ity 'C1 r'k =- 3 AN APPROPRIATION ORDINANCE NO. 72-1265 ORDINANCE .WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Pro Rata Account 324 funds for an approved project, and this ordinance deals with t~e 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 Pro Rata Account 324 fund, to-wit: The sum $ 192.86 For the following,purpose: Payable to Western Industrial Supply Company Material for Water Distribution Department to be used for water mains. 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 ordinan_ce shall be effective from the date of its passage. AND IT IS S0 ORDERED Passed by the Council on this 21st day of August ATTEST:. CITY SECRETARY ,~i972 Approved by: ORIGINAL Divis'ion Director verifi . . Department Accounting Department -j ORDINAN~CE NO. 72-1266 AN ORDINANCE APPROVING THE BUDGET SUBMITTED BY THE CITY MANAGER OF THE CITY OF PLAINVIEW, TEXAS FOR THE FISCAL YEAR 1972-73. ' ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, ~TEXAS: Jection i. That the budget prepared 'bY theCity~Manag~r'~f~Pl~ainview, Texas, for the City of Plainview, Texas, for the year commencing October 1, 1972, through and including September 30, 1973, is herebyapproved 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 llth day. of September , A.D. 197'2. Itlq Do STONEHAM, Mayor ATTEST: ORDINANCE NO. 72-1267 AN ORDINA_NCE LEVYING TAXES FOR THE USE A~rD SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PLAINVIEW, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1972-73; PROVIDING FOR THE TIME AND MANNER OF PAYING THE AJ~ VALOREI~ TAXES LEVIED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT% 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 Seventy-two (1972), upon all'property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of eighty-five and no hundreths cents ($.85) on each One Hundred Dollars ($100.00) 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, 77.42% of the total amount received, being $.~6581 on each One Hundred Dollars ($100.00) valuation of property. (B) For the interest and sinking funds, the following appor- tionments shall be made: SI~tNG FUN~ *PERCENTAGE **AMOUNT No. 1 General Obligation Bonds Series 1959 1 August 1959 2.13% .0181 No. 2 No. 3 No. 4 No. 5 General Obligation Park Bonds Series 1963 15 January 1963 General Obligation Bonds Series 1963 15 January 1963 General Obligation Bonds Series 1966 15 March 1966 Certificates of Obligation Series 1971 1 August 1971 TOTAL 1,81% .0154 9.09% .0773 7.61% .0647 1.94% ' .0165 22.58% .1919 Percentage of total tax collected which is transferred to the Interest and Sinking Fund for retirement of Genera]. Obligation Bonds. The actual cent proportion of the 85¢ per $100 valuation that is used to retire General Obligation Bonds. $ .1919 Interest & Sinking .6581 General Fund present rate $ .8500 per $100 valuation Section 2. Ail 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 Cler~-shallv keep these accounts so as to readily and distinctly show the amount collected, the amount expended, and the amount on hand at any time belonging to such _funds. It is hereby made the duty of the Tax Assessor and Collector and~'every such peCson 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 state- ment showing to what fund such deposit should be made andfrom what source received. Ail 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 due on the 1st day of October 1972, 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 following day, February 1st, and the following penalty shall be payable thereon, to wit: if paid during the month of February, one percent (1%); during March, two percent (2%); during April, three percent (3%); during May, four percent (4%); during June, five percent (5%); and on or 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 1, 1973, and $1.00 shall be charged for each redemption certificate issued by the Tax Assessor and Collector as cost. The payment of 1/2 taxes shall be accepted if the first half is paid on or before November 30, 1972, then ~he last half may be paid on or before June 30, 1973, without penalty. Should the 4last half not be p~id before July 1, 1973, it shall bear penalty and interest at the usual rate. 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, 1972. 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 llth day of Septemb~er A.D. 1972. -- / ATTEST: M. L. REA, City Clerk ORDINANCE NO. 72-1268 AN ORDINANCE SETTING A DATE, TIP~ A~D PLACE FOR A PLrBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF PLAIN-fIEW, TEXAS, AL~fHORIZING A~q] DIRECTING THE .~{,,vn~.. ~. TO Pb~LISH NOTICE OF SUCH PUBLIC HEARING; AND DECLARING A~N E~RGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAIb~IE]~, TEXAS: Section i. On the 2nd day of_.~. October _, 1972 at p.~.~-.h in the City Council Cha~oer of the City Hall of the City of Plainview, Texas the City Council will h01d a public hearing giving all ~nterested persons the right to appear and be beard on the proposed annexation by the City of Piainview, Texas of the following described property, to wit: BEGI~ING at a point in the East line of Section 41, Block J-K-2, Hale County, Texas, which point is 30 feet south of the Ncrtheasn cor~er of said Section 41 and in the south line of a public road and the City Limit Line of the City of P!ainview; THENCE S 0°33'53"W. 1,382.6 feet along the East line ef the Hal_' ~ County Airport property to a point for the Northwesn corner of a tract leased from the Hale County Farm Bureau for airport purposes; East 90 feet to a point; %~H~F/'~CE S 0°33'53"W. 300 feet ~o a point; !*r~NCE West at 90 feet mass the Southwest corner of Lot !~ ~iock No. i, Subdivision of Reese Property located on J. M. Pressler Homestead Sur~ey, Hale County, Texas, in ~ii ~55.~ feet ~HENCE S 50°43'05"W. 980.6 feet along a line 50 f~et Northwest from and parallel to the center line of Hutcherson Road, a payee road into the airport, to a point in the Mor~heast edge of a ~aved par~- lng lot; . - ~ ~HENCE N 39:i6'55"W 165 feet along ~heNzortheast edge of said park- lng lot :o a point at the edge of an aircraft parking r~p; ~NCE ~ 50~43'05"W ~zong the edge oz said aircraft oar~ing ramm and passing · aor~hwest of the z~rocrt Te~a. tinai Building to a point which lies Wes~ of the airpor= ~maintenance machine~! storage building; - ~IENCE S 39~!6'55"E. I~0 feet t~ a point which lies South of said atorage building; THENCE N 50°43'05"E· 150 feet to a point; THENCE S 39°16'55"E- 320 feet passing NorTheast of three aircraft hangars..and passing Southwest of an a~xi!liary electrical equipment building which lies West of the'Airo0rt Con[rot Tower to a point which lies Sou~h of said Airport Control Tower; ' THENCE N 50°43'05''E- 240 feet passing Southeast of said Airport Control Tower to a poin~ in,the southwest edge of Blakney Boulevard; TEENCE S 79~43'E- 987.4 feet along the southwest-Edge of said Blakney Boulevard to a point in the .Northwest right-of-way line of Business Route, U.S. Highway No. 87; THENCE S 20°49'W, 697.7 feet along the Northwest r!gnt~of-'ay line of said highway to a point; THENCE East 657.6 feet across said highway right'of-way and along a south line of said Hale~County Airpor~ property ~0 ~a point in the west edge of Columbia Street; THENCE North 3,442.1 feet along said Columbia Street to a point in the original sohth line of a public road to the west; THENCE S 88:36'06"W- 477.5 feet along the South line of a p~olic road to the Place of Beginning and containing 57.96 acres of land, more or less. Section 2. The Mayor of the City of Plainview is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the city and in the above described territory not more than twenty, days nor less than ten days prior to the date of such public'hearing, all in accordance with the Municipal Annexation Act (Chapter 160, Acts of the 58th Legislature, Regular Session, 1963; compiled as 970a, Vernon's Texas Civil Statutes). Section 3. The importance of this ordinance creates an emergency and an imperative public necessity that the rule requiring ordinances to be read at three several meetings be suslpended, and [his rule is hereby suspended, and the ordinance shall take effect and be in force from and after its adoption. PA~$SED AND APPROVED this the ATTEST: M. L. Rea, City Clerk llth day of September / n Stoneh~m, Mayor ORDINANCE NO. AN APPROPRIATION 72-1269 ORDINANCE WHEREAS, the City Council of the City of Ptainview finds it is necessary to appropriate certain specific funds out of General Fund, Unappropriated Surplus .' funds for an approved .project, and this })rdinaffce deals with the daily operation o£ City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE'W: There is hereby appropriated out of the following described General Fund, Unappropr±a'ted .Surplus, 418-605 fund, to-wit: The sum'$ 5,500.00 For the following purpose: Payable to the General Fund 418-613 For purchase of twenty (20) sanitation containers upon extension of the existing contract. WHEREAS, an emergency exists as shown in the preamble to this o~d~nance, the enactn~eni ~f this ord}: 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. AND IT iS SO ORDERED Passed by the Council on this llth day Of septemb6r X~ I972 .ATTEST:. Verified by: Approved by: Department Division DireCtor Accounting Department ORIGINAL 11' AN APPROPRIATION -ORDINANCE NO. 72-1270 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General Fund, Unappropriated Surplus 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 II ORDAINED BY THE CITY COUNCIL OF THE CITY OF: PLAINVIEW: There is hereby appropriated out of the following described transfer from Ge~nergl _FuB. d, Unappropriated Surplus, Acct. 603-613 to Generglnd. to-wit: vuna, Sanitation Account 613-702 The sum $ 236.00 and $1200.00 For the following purpose: Payable to Security Abstract and Title Co'. $236.00 for the purchase oi: title insurance, Policy-# 440935.001400 for property exchanged for Williamson property on Lots; 5, 6, 7, and west 23.94 feet of Lot 8, Block 2, City Addition to the town of Plainview. $1200.00 for additional pasanent with City property in trade for Williamson property. WHEREAS, an emergency exists as shown ih' 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. AND IT IS SO ORDERED Passed by the Council on this 1.1th day of September , )(~[ 1972 / / ? /. ATTEST: Verified by: ~ c ITY Approvedby: Division Director ORIGINAL Department Accounting Department ORDINANCE NO. AN APPROPRIATION 72 -1271 ORDINANCE -' WHEREAS, the City Council'of the City of Plainview finds it is necessary, to appropriate certain specific funds out of Library Account 416 funds for an approved project, and this ordhaance deals with the dhily operation of City departments in the public interest which creates an emergency: NOW, T-HERE'FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVlEW: o There is hereby appropriated out of 'the following described Library Account 416 The sum $ 56.00 For the following purpose: fund, to-wit: Payable to Secur±~y Abstract & Title Co. For Supplemental Abstract #19,987' dated 5/19/72 and Supplemental Abstract #20,035 dated 7/17/72 WHEREAS, an emergFncy 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 ordnance shall be effective from the date of its passage. AND IT IS SO oRDERED Passed by the Council on this llth ATTEST: .. day of / September Approved b~': Division Director Verified , ~ _1972 / t / MANAGER Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 72-1272 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific' funds out of Library Account 416 funds for an approved project, and this ordinance deals with the daily operation of City department's 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 Library Account 416 . fund, to-wit: The sum $ 7~500.00 For the following purpose: Payable to Leon Duncan, Guardian of Estate of Mildred Tull Purchase of tract of land due West of Unger Memorial Library from Mildred Tull Estate. 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 crehting 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 ATTEST: CITY SECRETARY Approved by: Ilth 'day of Septenqt)er 1972 / ,)tX~ / VerifiedJ ~~' ' CI FY MANAGER \ ORIGINAL. Division Director Department Accounting Department 14 ORDINANCE NO. 72~ AN ORDINANCE AMENDING SUBECTION L OF SECTION IV OF ARTTCLE I, OF ORDINANCE NO. 69-1047 OF THE CITY OF-PLA!NVIEW'SO AS~ TO PROVIDE THAT THE TERM "NATIONAL ELECTRICAL CODE" SHALL~MEAN THEi971 EDITION OF THE NATIONAL ELECTRICAL CODE. _. BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF PLAINVIEW: Section 1: Subsection (L) of SectionIV of Article I of Ordinance No. 69-1047 of the City of Plainview is hereby amended so as to here- after read as follows: "(L) NATIONAL ELECTRICAL CODE shall mean the 1971 Edition of the National Electrical Code, as a~opted by the National Fire Protection Assodiation". Section 2: Any person who shall violate the terms or provisions of this ordinance shall be punished as provided in Ordinance No. 69-1047 of the City. of Plainview. PASSED AND ADOPTED, This the llth day of September, A. D. 1972. ATTEST: M. L. REA, CITY CLERK i5 AN APPROPRIATION ORDINANCE NO. 72-1274 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of RunnSng Water Draw Regional Park Account 407' 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 PLAINVlEW: There is hereby appropriated out of the following described Running Water Draw Regional Park Account 407 fund, to-wit: The sum $ 56,764.'89 Forthefollowingpurpose:Payable tO Texas Sprinkler Co., Inc. Final payment of work completed on the Running Water Draw Regional Park contract 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[ mee~tings 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 18th ATTEST: CITY SECRETARY day Of.' September : XI~- 1972 Verified by citY MANAGER Approved by' Division Director Department Accounting Department ORIGINAL ,',.. 4, ORDINANCE NO. ~ '~~1~'i 72'1275 %~~,* AN APPROPRIATION oRDINANCE- WHEREAS, the City Council of the City of Plalnview finds it is necessary to appropr{~t~z certain specific funds out of Pdj~:Lrlg Water Draw Regional Park _Account 407 funds for'an approved project, and this ordinance d?u~!s with the daily operation of City departments in the' public interest which creates an emergency: NOW, THE[{~FORE, BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Running Water Draw Reg±onal Park Account 407 fund, to-wit: The sum $ 1,280.00 For the following purpose: Payable to J. Bassett Smith Earth Construction Estimate No. 1, 80% complete, Running Wateri Draw Regional Park, Phase 1, Land Leveling Contract 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. AND IT iS SO ORDERED Passed by the Council on this 18th~ ATTEST:' day of September, ,33~ 1972 CIT~ MANAGER Approved by: ORIGINAL Division Director Department Accounting Department ORDINANCE NO. 72-_~ AN ORDINANCE FIXING THE WATER RATES OF THE CITY OF PLAINVIEW, TEXAS; ;aND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT OPdPAINED BY THE CITY COUNCIL OF TILE 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 consum- er, the amounts calculated by application of the rates to meter readings as provided 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 $3.50 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 t0,000 gallongs per month, the City shall charge $.45 per 1,000 gal- lons. For the next 10,000 gallons of water used by each con- sumer over and above 10,000 gallons per mOnth, and not exceed- ing 20,000 gallons per month, the City shall charge $.40 per 1,000 gallons. For all water used over and above 20,000 gallons per month, by the consumer, the City shall charge $.35.per 1,000 gallohs. SECTION 3: The City of Plainview s.hall 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 $165.40 per year. Each consumer electing to take annual rates and making the pay- ment in advance, shall be allowed to use, at no extra cost to him Other than the payment of $1651~0, the amount of 200,000 gallons of water per year. If the said user of annual rates uses in excess of 200,000 gallons of water per year,'he shall pay $.35 for each 1,000 gallons of water furnished him in excess of 200,000 gallons. The amount of water used under this rate shall be computed from the meter reading applicable to the month in which the said $165.40 is paid to the City, beginning October 15, 1972, to the meter reading applicable to the same month of the succeeding year. The charge for the annual rate' as herein'~provided includes the sanitation charges, sewer charges and vector control charges and the payment of the $165.40 shall entitle the consumer so paying same and electing to take the irrigation rate~'~ to said services for the term for which'said $165.40 isTpaic~~ To qualify as an annual rate customer, a person must pay to the City of Plainview the entire municipal service billing on an an- 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 prorated 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 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 annual 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 (annuaI billing date) by making an annual payment in full, on any gi9en billing date or upon any initial request for service~ On the expiration of 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 zero balance. Any consumption in excess of 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 shall apply the same as for all other customers. 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 elim- inating the paying of a monthly bill and to provide wat&r 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 ~equired ~to pay ~theadditionalsewer servi~e charge and the established sanitation charge as provided in the current rate Ordinances, to be eligible for the annual water rate. 19 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. SECTION 5: The tapping fee for connection with the City Waterworks System shall be as follows: For 3/4 inch connection For 1 inch connection For 1-1/2 inch connection For 2 inch connection $ 55.00 $ 90.00 $175.00 $200.00 SECTION 6: Ordinance No. 66-930 is hereby repealed. SECTION 7: This Ordinance shall be in force from and after its~ passage and the rates herein established[ shall take effect and be charged in the computation for water consumed or used on October 15, 1972, and thereafter. SECTION 8: Nothing herein shqll be construed as amending Ordinance No. 66-931 as amended or any part thereof. PASSED AND APPROVED this 18th day of September, A. D. 1972. ATTEST: · ~CLERK, CITY OF PLAINVIEW, ORDINANCE NO. 72-_JMq?' ' AN ORDINANCE SETTING THE RATES TO BE CHARGED FOR SE~rER 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 CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAIN-VIEW: SECTION 1: For the furnishing of sewer service and sewer connections by the City of Plainview, the said services shall be Chargad for by the City of Plainview in accordance with the rates hereinafter established and set out; and the following are established as the monthly rates to be charged: (a) Residential rates: Single Family Dwellings, $2.50 (Minimum); Duplexes~ Apartment Houses and Rooming Houses, First Unit, $2.50 (Minimum); Each Additional Unit, $1.25; (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: The rates to be charged for such sewer service for com- mercial estab%ishments shall be based uponthe water used per month by said establishment. The monthlM rate for each such establishment using 3,000 gallons of water or less per month shall be $2.50 per month. An addition- al charge shall be made for sewer service to each said establishment~of $.10 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 $2.50 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 fair to said business or commercial establishment and to the City. SECTION 2: These charges for the dewer 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 connection with the City sewer service. The person who is responsible for the payment of the water' bill shall also be responsible for the payment of the charges for sewer service. SECTION 3: If the charges for sewer service are not paid within thirty days after it becomes due, then the City of Plainview shall re- fuse to furnish any water or sewer service to the residence, apartment house or establishment, for which residence, apartment house or establish- ment 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: The rates as herein provided for shall be charged be- ginning with the date of October 15, 1972. SECTION 6: Ordinance No. 66-929 of the City of Plainview, and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 7: Nothing herein shall be construed as repealing Ordinance No. 66-931 as amended or any part thereof. PASSED AND APPROVED this 18th day of September,~ A. D. 1972 ATTEST: AN ORDINANCE AMENDING ORDINAN~CE NO. 66-931 BY ADDING A PENALTY AND PROVIDING THAT ANY PERSON CONVICTED OF VIOLATING ANYPROVISIONS ,OF SAID ORDINANCE AS CONTAINED IN SECTIONS 2~)TO 33 THEREOF, .INCLUSIVE, StLA_LL BE PUNISHED BY A PINE OF NOT EXCEEDING TWO HUNDRED DOLLARS'.- WItEREAS, Ordinance No. 66-931, Sections 20 to 33 thereof, inclusive, defines certain acts as unlawful but the ordinance fails to provide a penalty; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Any person violating any of the provisions of Section's 20 to 33, inclusive, of Ordinance No. 66-931 shall be guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine ~of -not less than $1.00 and not more than $200.00, and each and every day of such violation shall constitute a separate offense. SECTION.2: SEVERANCE CLAUSE. The provisions of Ordinance No. 66-931, as amended by this ordinance are declared to be severally and if any section, sentence, clause or phrase of said ordinance as amended hereby, shall for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, sentences, clauses, or phrases of Ordinance No. 66-931 as amended hereby, but they shall remain in effect. It being the intent of the City Council that said ordinance shall stand, notwithstanding, the invalidity of any part, phrase, sentence or provision thereof. SECTION 3-: This ordinance,.shall be published one time in a newspaper of general circulation together with Sections 20 to 33, inclusive, of Ordinance No. 66-931. PASSED A~ND APPROVED this the 18th d~y of September, A.' D~ 19,7~. ATTEST: M. L. REA, CITY CLERK, CITY OF PLAINVIEW Plain~e~r Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Pla in vie w ida ily Hera ld PUBLISHED BY ~LLISON CO~TIONS, INC. 8~1 BROADWAY -- PI{ONE CA~tol 4-4~4~ -- p.O. Box 1~4~ Plainview, Texas 7~072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day personally appeared Martin 5cott ..... 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: ............................ September 22, 1972 ' _ ~ ._ .................................. ;--.~ ..... .-. ......................................................... _/-k. ]3. 1~ ........ /~/~/~.X~ Advertising Manager ~.~~c~ ....... ~: ....... : ............................................ : ....... (Title) SUBSCRIBED AND SWORN TO BEFORE ME this ....2..2..n..d. ..... day of ~.~:P.~ ..... A.D,, 19...7.9 ....... The Best Investment For Your Advertising Dollar Prt ay, September 22~, 1972 :- Plaln~,lew 'Daily Herald " bank officers here celebrateclthe 50th anniversary ~ ' RS HONOR£D -- Women who a, re . nk Women's Week m 3ANK OFFICE , · - da durm~ observance of Ba . . )f ~heir national orgamzat~on ,at, ~ lu~c~_~.~[~Y ~ ~Thorn~on. Betty' Veal, Myrna D~ckey, 3iainv'- w They are, left to rign~ rfront, v1 ~enwwm~_~i~~2 ~=~ev Onal Strother, Dorothy ~r~me~{~a~a~'~bster and S~lly Whitlock. luncheon Thursday. ' Yoakum, 1114 Thunderbird; The Plainviewans all serve as .Mrs. Lore_ .Ballengee, 1101 W.' o f fi e e r s in. their 'respectiv~ I llth; Mrs Eva' M~Clurb; 1500 banks, i independbhCe; ' Rober.t RaPer, The National As~0ciation Of / L0ckney; ~ M_rs. Sammie .Rob- Bank Women was founded 50-~erts, '1307 Ennis; Mrs. 'eta Her- ' a o b six ~)rominent [rick, 1610 Kokomo; Glenn Hill, years g Y , ' WOmen bankers in New ¥ork12608 W. 19th~ and Jack O Con- City. The organization now: num- [ nor, 3003 W. 18th. bets more than 9;000 mernbets'I Dismissed: -Williem Rainer, who serve as bank officers. /Larry Nafzge~', Robert Dou~g- Plainview's wo~nan bank offi-[la~, ~Irs. Do~othy Henry, James Cers include Myrna Dickey; as-]Adamsl Mrs..Novelle' MulIins, sistan~' cashier, First:Franc N:~iu°nsalt'l a~;' ~;~ia I~r°~s'~nO~a~l;S ~°°~'Mrs Bank; Norma. ' Y,.. k ....... / ,~1~ Winona Holsumback, . . · officer, Hale County State Ban ;[Betty Mickey, Mrs. - Anme Doreihy Frame, a~sistant, cash~l Bre~dlove and Robert Barnett. ier, FNB;iRita Holland, a'ssist-t ' .~- ---. -., an{ cashier, FNB: .Vi Kenq ASK' FOR DEEDs ~ nt vice pfesiden~,l ' ' 'The resi' Bank; ~ h e r ~ll~ ~0USTON'(^m -- P ~ ~'i St a n t cash~ [ dent of Texas SOuthern Univer- Peret, a~sist-I sity says rent, houses in the. in- ner city should be deeded to the poor eceupa, nts by the owners. jo27r czzclbylee462 T HE :"GAP,,LAN D STREET CHURCH OF CHRIST'"' wishes to share with you lV~sdom From .Above, · James-3:17 God gave a promise to Israel; 'that He would bless them If. they :obeyed and curse i~ theY' did not obey, Deuto I~:26-32. Arnor~ these ~urses God-'promised them was the ,prom~se t~ha,t He would scatter ~ them among all people from one end Of the earth-to the other. Deut. 28:64. This has been fulfilled. : God has pr~omised eternal Ire to Christians. '~And this is the promise that he h~ I~roraised us, eVen:etertml 'lf~". lst. Johr~ 2:25. 1st Peter' 1:9 telis us that our salvation is at the END of oul"faltho We cart mcfl(e ~u~ calling ancl: election sure, ,if we add the Ch~.istian gra~es to i our lives.:2nd Peter' ~?~11. God's promises are ~nditionaL We:'wili be blessed if we obey 'and we will be cursed if-We do not abe% Jesus is the author of eternal salvation to oil them that,obey' Hlm~ Heb. 5:8-9. Are you listening? Please write' ~o~ ~r. ee Bib~q c~o~Lespo~dence 23 AN APPROPRIATION ORDINANCE NO. 72-1279 ORDINANCE WHEREAS; the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Pro Rata Account 524 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 Pro Rata Account 524 The sum $ 165.00 For the following purpose: Payable to M. B'. McKee Co. i, Inc. For joS_nt tappS_ng sleeve for asbestos' cement pipe complete .with accessories fund, to-wit: WHEREAS, an emergen.cy 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 shai[ be effective from the date of its passage. AND IT iS SO ORDFRED Passed by the Coancil on this 2nd day of October ,20$C 1972 ATTEST: ' CITY Approved by: ORIGINAL Divis ion'Director Verified by: ~.~ ' ~ Department Accounting Depa~tment °~ '*,. ORDINANCE NO. ~ ~- 72-1280 , AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the Cily of Plainview finds it is necessary to apprbpriate _certain specific 'funds out of Pro Rata Account 324 funds for an approved project, and this ordinance d&als 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:PLAINVIEWi There is hereby appropriated out of the following described Pro Rata Account 524_ The sum $ 10.51 fund, to-wit: For the following purpose: Payable to ICX Freight on mechanical joint tapp'.~, sleeve, asbestos cement pipe with accessories. .. WHEREAS, an-emergency exists as shown in the preamble to this ordinance, the enactment of this ord[.- 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 wiLh; and this ordinance · - shall be effective from the date of its passage. Passed by the Council on this_ 9.nd AND IT IS SO ORDERED ATTEST: CITY SECR' Approved by: Division Director ORIGINAL. day of October ' ' ,X~ 197Z__. Verified by MANAGER Department Accounting Department AN APPROPRIATION ORDINANCE NO. 72-1281 ORDINANCE WHEREAS, the City Council of the City'of Plainview finds it is necessary to appropriate certain specific funds out of Pro Rata Account 324 funds for an approve~i 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 PLAINVlEW: There is hereby appropriated out of the following described Pro Rata Account 324 The sum $ 277.44 For the following purpose: fund,, to-wit: Payable to Water & Sewer ~und for payment to Clowe & Cowan, Inc. Purchase of gate valves to be used for water main extensions 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 ihis 2nd ATTEST: CITY SECRETARY AND IT IS SO ORDERED day of October Verified bY:~c rY MANAGER , X.~C. 1972 Approved by: ORIGINAL Division Director Department Accounting Department ORDINANCE NO. AN APPROPRIATION ORDINANCE 72-1282 WHEREAS, the City Council of the City of Plainview finds it-is necessary to appropriate certain specific funds out of Running Water Draw Regional Park Account 407 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 t~e following described Running Water Draw Regional Park Account 407 The sum $ 1, 9-99.75 For the following purpose: Payable to Gifford-Hill & Company, Inc. Pump to be used at Running Water Draw Regional Park fund, to-wit: 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 withLand this ordinance shall be effective from the date of its passage. passed by the Council on this' 2ncl AND IT IS SO ORDERED ..day of . 0etotler ATTEST: CITY SECRETARY Verified by' ~~ GER · CIT~'--~A~ Approved by: Department Divis ion Director · Accounting Department ORIGINAL 27 AN ORDINANCE NO. 72-1283 APPROPRIATION ' ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Unappropriated Surplus Account 603 funds for an approved project, and this ordinance deals with the daffy 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 Unappropriated Surplus Account 603 fund, to-wit: Th~sum $ 3,750.70 For the following purpose: Payable to J. Bassett Smith Excavation, hauling, and depositing of material on the sanitary land fill pit. 2'.~'''~'~ ./~C:) 3~'"~-"~-~ '-~,-~"~, HEREAS, an emergency exists as shown in the preamble lo this ordinance, the enactment of this ordi- nance is declared to I~e an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council me&tings 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 - 2nrl day of ATTEST: Approved by: Division Director 2932 . Verified b : CIT~ Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 72-1284 ORDINANCE WHEREAS, the City Council of the City of'Plainview finds it is necessary to apprppriate certain specific funds out of Pro Rata Account 324 funds for an approved project, and this ordinance deals with the daffy 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 Pro Rata Account 324 The sums 1,917.00 F~r the following purpose: Payable to Can-Tex Industries, Confirming Telephone Order of of 6" V.C. fund, to-wit: Itlc· 9/12/72 for 2,700 feet pipe, delta seal joint 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. AND I:1' iS SO ORDERED Passed .by the Council on this - _2p_d day of ATTEST: CITY SECRETARY Approved by: Division Director ORIGINAL Verified MANAGER Department Accounting Department AN APPROPRIATION ORDINANCE NO. 72-1285 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Library Parking, Account 416 fnnds for an approva~ 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[ Library Parking, Account 416 fuhd, to-wit: The sum $ 2.50 For the following purpose: Payable to Hale County Abstract Company Recording Guardian's Deed on Mildred Tull Property (East 1/2 of Lots 15 & 16, Blk 42, Original Town of Plainview, Hale County, Texas.) 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: AND IT IS SO ORDERED Passed by the Council on this 2nd ATTEST: CITY SECRETARY Approved by: Divis ion Director day of October ,XtX~ . 1972 Verified by: tTt M~NA'GER Department Accounting Department ORIGINAL ORDINANCE :NO'. 72-1288 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview.finds it is necessary to appropriate certain specific funds out of Pro Rata Account 524 funds for an approved project, and thi-s oidinan~e 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 fund, to-wit: Pro Rata Account 524 The sum $ 528.70 For the following purpose: Payable to The Rohan Cmrpany Purchase of fifty meter boxes and twelve 4" b~J caps ,WHEREAS, an emergency exists as shown in the preamble to this ordinance, the ena~tmeht of this ordi- nance is declared to be an emergency measure thereby.creating a public necessit~ that the rule requirin'g proposed ordinances to be presented at two (2) separate Councilmeetings 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 16th · ATTEST: day of. -- October ,X~ 1972. . V ° ' Approved by: Division Director Department Accounting Department ORIGINAL ~ain-d~ _Published Every A[ternoon Except Sat~ '~N Plainview THE STATE OF TEXAS COUNTY OF HALE PUBLISHED BY AL 801 BROADWAY- PI-lO Plainvieu BEFORE ME, the .undersigned authority, Jam~s B. Oswald Bus: of the Plainview Daily Herald, a newspaper of Hale County, Texas, who stated on oath that t~ lished in said newspaper on each of the following October 25 SUBSCRIBED AND SWORN TO ..a..c.~.?.b...e.r.A.D., 19...'(.2. ....... ORDINANCtE NO. 72-128& ORDINANCE PROVIDING THE EXTENSION OF BOUNDARY LIMITS OF N EXA CONSISTING OF 57.96 ', L:,AN D, WHICH! SAID TERRITORY · [df=s ADJACENTTO AND ADJOINS 'l HE PRESENT BOUNDARY LIMIT OF THE CITY OF PLAI~ViEW, T~XAS. WHEREA~, a public' h~ring'~ b~f0re the City Council of the City of view, Texas, where ~11 interested ~r- sons were provided with on opp0~uniW tO be heard on the ~o~os~ annex- 0fi~ of the following descried territory: ~EGINNING at a ~oint in the East li~e o~ Sedion 41, Block JK-2, Hole COunty, Texas, which ~int is ~ s0ufh of the No~heasf corn~ of said Section 41 and in the south line public road and the City Limit Line al the City of Plainvfew; THENCE S O degrees ~' ~' ],382.6 feet along the Easl line of H~le .County Airport pro~y to ~ poi~l for the Nbdhw~t cor~ ~f ~ leas~ ~rom ~he Hale County Fa,Fro I'eag tar oirpb~ pur~ses; THENCE East 90 f~et Jo 0 p0int~ THENCE S 0 degrees 33' 33" W. feel ~o a point; THENCE We~f af ~0 feet ~s~ 5bufhwest corner of LO~ 1~, Block No. Subdivision of Reese Pmpe~fy located m~ J. M. Pressler H0me~fbo~ Survey, Hoie County, Texas, i~ Oil ~5.8 feet to ~ Point; THENCE S 50 degrees 43' ~' W. ~80.6 'feet along 6 IJfle 50 fe~t North- w~sf from and ~biiel to t~e eenfer H~e of Hufcherson Road, ~ ~ved road in'Ia the eirport, fo o Db~t in the North- '~ edge of q payoff pa~kih~ THENCE N 39 de~rees 16; 557 W. 1~5 feet alon-~ the Nbrth~{lst edg~ ~ said perking lot )6 a point at t~e edge of aR aircraft porkJgg r~mp; THENCE S ~0 degYee~ 43' 05" W. ~e~f along the edge o~ said aircraft ~cklng ramp d~ ~ing. N~¢t~wee} of which lies West of the airport moin~ ~tlCe machinery s~oroge building; THENCE S ~9 degrees 16' 55" E. 100 f~e~ to o point which ]ies,S0ufh of said s~0roge building; THENCE N 50 d~r~s 43' 05" 1~ feet foo point; · HENCE S 3~ degrees 16' ~5" 3~0 feet passing Nor~h~st of three air- cfaf$ hongor~ a~ ~si~ S99fhwest of ah oux pry aiecffid~i ~Aui~en~ build- in~ which lies W~f o~ fh~ Ai¢pod Con- fi01 Tower ~o o poin~ which lies Souih O~ sold Airport Con~r~] TaWer; FHENCE N 50 0efl~ees 43' gS" E. 240 passing Southeast of said Airport south- seth of thb. Nodh~asf corner of ~d Sedion 41~n~ n the seth ne of public r~d-~nd the Ci~ Limit Line 0f the City ~of Pla ~v ew?' THENCE' $' ~ d~r~s. 93' '53" W. 1~82.6 f~t alofig t~e E~f line of Hale CouofY At~po~ oro~t~ fa ~.~oim for the 'Northwest corner of. a I~d fram the Hale County Far~: r~u fat ai~ pur~esJ TH~NC~ East 90 f~t fo a ~inf; ~HENCE S 0 degrees 33' 53" W. 3~ f~t tea Point; THENCE West af ~ feet ~ass the Southwest ~rner of Lot ]4,_ Block No, 1 Su~v~io~ of Ree~ Property ed on J, M: Pressler Ho~st~d ~ey, Hale Chanty, Texas, i, all f~t to ~ point; THENCE S 50 degrees 43' 05" W. 980.6 f~t a ong line ~ fe~ No~hw~st from and ~aralfel to the center line of Hutcherson Road, a paved road into airpm% to a point in the Nodh~st edge of a ~ved parking 'THENCE N 39 degrees ~6' 55" W. 165 feet along the Nodh~st e~ge ar~ing lot.to ~ ~oi~f at t~e ~ge of aircraft ~rkifl~ THENCE S 50 ~rees 43' 05" W. ~ f~t ~t~n~ the ~ge of sdid ~rki~ ramp ~nd passing N~rthWest of the A rport Termino ~ui ding to a point W,irh 'lies Weet ,of the d rott ma nt~ nonce machinery storage THENCE S 39 d~rees ]6' 55" ~. 1~ feet to a point which lies South Of ~id storage building; THENCE N 50 degree~ 43' 05" E, 150 feet to ~ paint; THENCE S 39 d~ree~ t6' 55" E. ~O~ feel bossing NbH~St of fhree ~r~Yo~ hongors ond poss~ng SoUthwest of on which Hes WSst ~ .~the AirO0H Tower ,o ~ ~ein~ ~hich i~e~ Sbutl~ of said Airpod ~o~fr01 ' THENGE N 50 degrees 43'05" E, 240 feet ~ssJhg ~ufh~f of s~[d ConfroJ To,et fO g po~nt in ~he south- west edge of B ~kney DOU evar~; THENCE S 79 ~egr~es 13' E. 987.4 feet along the ~UihW~f ~d~e of ~id B akney Bodl~v~td ~ ~ point fin NorthW~t rJDht-~-Wdy line df B. uSi~ess Route U S. HighWay NO, THENCE S 20 ~B~S 4~ W, ~97,7 feet along the N0~h~e~ ~gh't~f-w~y line of said highway fO a THENCE E~ 457.6 feet Dcross said h ghway right-of-way and alqng- a south ne o~ sa d Hale County Air~rt prom erty to a ~inf in the WeS~ edge of Co- lumbi~ Street; THEN~ North B~2.1 f~et mbng Calan,biD ~t~ef fo ~ POint in the 6rigi- n~l so~fh li~ of ~ public ~a~(I to west; THENCE S ~8 degrees ~6' ~6" 477 5 feet glang th~ South liO~ 6~ a pub- ic ro~ to the P~ace of Begin~iog cofiTaioing 57.~ ¢cres of a~d, more Jess. ~ion ~: ~h~ ODove desCrib~ o. ~r~ of the C W of PI~ ~i~*, g and the ~e~ty ~ odd~ 5&~ebY sh~li bear ts ~0 t~-~,drt 0f the ta;,es vied by the ~f?~ ef .Ple[~vlew, ~na th& inh~b tanf~ f~f ~ha~l ~ tit ed to, ~11 e~ the rights arid nf all th8 ~ifi~ns and ~E~I be bv the ~Cts, e¢~iR~nces, res~ ufions arc T~xas. Sedion 3. This ordinance ~]1 be Jished ~e time in a newspa~r of eKal cJrcul~ion Jn the City of PJainview,?~ PAssE~ AND APPROVED this th~ 16fh da~ Of ~O~r, 1972. Keltz ~rrJsor ~gyor Pro Tern' ATTEST: ' ~. L. m~ (Oct. ,.25, 1972) The Best Investment For Your Advertising Dollar ~¢ ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOU,Nq)ARY LI~[ITS OF THE CiTY OF PLAIhWIE%~T, TE~¢S, AND THE ~\'-~-?E~kTIO~Y OF CERTAIN TERRITORY CONSISTING OF _57.a~fi__ACRES OF LJ~R'D, ~][CH SAiD TE~,ITORY LIES ADJAC~.~T TO ~\~ ADJOINS THE PRESENT BOUN]p~p,y LIMIT OF THE CITY OF PLAI~WIEW, TEXAS. WHEREAS, a public hearing before the City Council of the City of Pl. ainview, Texas, where all interested persons, were provided ~¢ztm' ' an opportunity to be heard on the proposed annexation of the follo;-~ing described territo~f: ~EGI~'ING at a point in the East tin,:_ of Section 41, Block J~K-2, Hale County, Texas, which point is 30 feet south of the Northeast corner of said Section 41 and in the south line of a public road and the City Limit Line of the City of P!ainview;' THEMCE S 0°33'53"W. I,~82.6 feet along the East line of the Hale County Airport property to a point for the Northwest corner of a tract leased from the Hale County Faz~ Bureau for airpor~J purposes; THi~NCE East 90 feet to a point; T!LF~YCE S 0~33'53'~/. 300 feet to a point; THENCE West ac 90 feet pass the Southwes~ corner of Lot 14, Block No. 1, Subdivision of Reese Property located on J. M. Prem~ler Homestead Survey, Hale County., Texas, in ali 255.8 feet to a point~ THENCE S 50°43'05"W. 980.6 feet along a line 50 feet Northwest from and parallel to the center line of Hutcherson Road, a paved road intc the airport~ to a point in the Northeast edge of a paved park- ing io t; ~M~E~[CE N 39°16'55"W. 165 feet along the Northeast 'edge of said park- ing tot to a point at the edge of an aircraft parking ra~p; ~-~ S 50~3 05'~W. 550 feet aion~ the edge of saz~ aircraft ~r~.zn~ r~p and oassing Northwest of the Airport Terminal poinc which lies West of the airport =~zntenance machinery storage building; ~=~'NCE S 39°16'55:'E. 100 feet to a point which lies South of said storage building ; THENCE N 50°43'05''E- 150 feet to a point; THENCE S 39°16'55''E~ 320 feet passing Northeast of three aircraft hangars and passing Southwest of an auxilliary electrical equipment building which lies West of the Airport Control Tower to a point which lies South of said Airport Control Tower; THENCE N 50°43'05''E. 240 feet passing Southeast of said Airport Control Tower to a point in the southwest edge of Blakney Boulevard; THENCE S 79°43'E- 987.4 feet along the southwest edge of said Blakney Boulevard to a point in the Northwest right-of-way line of Business Route, U.S. Highway No. 87; THENCE $ 20°49~W. 697.7 feet along the Northwest right-of-Kay line of said highway to a point; THENCE East 657.6 feet across said highway right-of-way and along a south line of said Hale County Airport property to a point in the west edge of Columbia Street; THENCE North 3,442.1 feet along said Columbia Street to a point in the original, south line of a public road to the west; THENCE S 88°36'06''W- 477.5 feet along the South line of a public road to the Place of Beginning and containing 57.96 acres of land, mor~ or less. Section 1. The following described land and territory lying adjacent to and adjoining the City of Plainview:~ Texas, is hereby added and annexed to the City of Ptainview, Texas, and said territory hereinafter described 'shall hereafter be included within the boundary limits' of the City of Plainview, Texas, and the present boundary'limits of such city, at the vario6s points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Plainview, Texas, to wit: BEGINNING at a point in the East line of Section 41, Block JK-2, Hale County, Texas, which Doint~ is i~0 feet south of the Northeast corner of said Section 41 and in th~. south line of a public road and the City Li~it Line of the City of Plainview; THENCE S 0°33'53"W. 1,382.6 feet along the East line of the Hale County Airport property to a point for the Northwest corner of a tract leased from the Hale County Farm Bureau for airport purposes; T~NCE East 90 feet to a point; THENCE S 0°33'53'~. 300 feet to a point; THENCE West at 90 feet pass the Southwest corner of Lot 14, Block No. 1, Subdivision of Reese Property located on J. M. Pressler Homestead Survey, Hale County, Texas', in all 255.8 feet to a peint; THENCE S 50°43'05"W. 980.6 feet along a line 50 feet Northwest from and parallel to the center line of Hutcherson Road, a paved road into the airport, to a point in the Northeast edge of a paved park- ing lot; THENCE N 39°16'55',W. 165 feet along the Northeast edge~of said park- ing lot to a point at the edge of an aircraft parking ramp; THENCE S 50°43'05"W. 550 feet along the edge of said aircraft Darking ramp and passing Northwest of the Airport Termina~ Building to'a point which lies West of the airport maintenance machinery storage building; THENCE S 39°16'55"E. 100 feet to a point which lies South of said storage building~ 0 ' ' on the 2nd_~_day of was held at .-.'- 0 :' _- -~.--~ :~- --- October , 19 7_ 2 , which date is not more than twenty nor less than ten days prior to the institution of annexation proceedings; and WHEREAS, notice of such public hearing together with the proposed ordinance in the form in which %t might be finally passed .was published in a newspaper having general circulation in tke City of Plainview, Texas, and in the above described territory on the 15th day of September _, 19.72 ', which date is not more than twenty nor less than ten days prior to the date of such public hearing; and WHEREAS, the total corporate area of the City of Plainview, Texas, on the first day of January, 1972 , was 5153.5 . acres; and WHEREAS, the population of the City of Plainview, Texas, is 19~0_9_6 _ inhabitants; and WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Plainview, Texas; and WHEREAS, the above described territory lies adjacent_to and adjoins the City of Ptainview, Texas; and WHEREAS, the above described territory contains 57.96 acres; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE' CITY OF PLAINVIEW, TE~S: Section 2. The above described territory and the area so annexed shall be a part of the City of Plainview, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Plainview, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Plainview, Texas. Section 3. This ordinance shall be published one time in a news- paper of general circulation in the~City of Plainview, Texas. PASSED AND APPROVED this the 16th ATTEST: day of Octobe~ Ke±tz G'~irrison, Mayor Pro Tem THENCE N 50°43'05,'E-' 150 feet to a point; THENCE S 39°16'55''E- 320 feet ~assing Northeast of three aircraft hangars and passing Southwest gf an auxiliiary electrical equipment building which lies West of the ~irport Control Tower to a point which lies South of said ~irport Control Tower; THENCE N 50°43'05''E- 240 feet passing Southeast of said Airport Control Tower to a poin~ in the southwest edge of Blakney Boulevard; THENCE S 79°43'E- 987.4 feet along the southwest edge of said B!akney Boulevard to a point in the Northwest right-of-way line of Business Route, U.S. Highway No. 87; THENCE S 20°49'W, 697.7 feet along the Northwest right-of-way line of said highway to a point; TH~CE East 657.6 feet across said highway right-of-way and along a south line of said Hale County Airport property to a point in the west edge of Columbia Street; THENCE North 3,442.1 feet along said Columbia Street to a point in ~he original south line of a public road to the west; THENCE S 88°36'06''W- 477.5 feet along the South line of a public road to the Place of Beginning and containing 57,96 acres of land, ~ore or less. l:O,.ain view Published Every. A[ternoon Except Saturday With Enlarged Plain ' Daily 731¢W .~ PUBLISHED BY ALLISON COMMUlg~CATIONS, INC. 801 BROADWAY -- PHONE CApitol 4-4343- p.O. Box Plainvie~,,v, Texas 7 ~07 2 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, ~e.undersigned authority, on this day James B. glswald Business; Manor (Title) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas, who stated on oath that the attached instrm lished in said newspaper on each of the following dates, to-wit: October 25 .... ~ ................. ~i'''~ .................................. ~i ............... ' ............ ~' ~' ~"'~' ~ .... /,~. ~ Buaine~.,s.: Manage~ (Title) Fee: $ ~ SUBSCRIBED AND SWORN TO BEFORE ME this ....2.5. .......... day of 0.c..~.-q.b.?.~... A.D., 19...7..2 ........ The Best Investment For Your Advertising Dollar O I ANCE NO. 72-. 7 AN ORDINANCE PRESCRIBING THE SPEED LIMIT ON TWENTY FOURTH STREET IN THE 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 24th 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: DEFINITIONS. (a) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devises moved by human power or used exclusively upon atationary rails or tracks. SECTION 2: The speed limit on 24th Street in the City of Plainview shall be as follows: (a) The maximum speed limit on 24th Street in 'the City of Plainview shall be forty miles per hour (40 mph). SECTION 3: No persons shall drive a vehicle on 24th Street in the City of Plainview at a speed greater than 40 miles per hour. SECTION 4: Ail Ordinance or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5: Any person who shall violate or faii 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 less than $1.00 and not more than $200.00. PASSED AND APPROVED this ATTEST: 16th day of October, 1972. Keltz Garrison, Mayor Pro Tem M. L. REA, ~[TY CLERK Plainview Published Every Afternoon Except Saturday With Enlarged Pla in view Daily PUBLISHED BY ALLISON COMMUNICATIOi~S, INC. 801 BROADWAY -- PHONE CApitol 4-4343 ~ p.O. Box Plainviei,,v, Texas 7Y072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the .undersigned authority, on this day .. d .a.m.e..$... ~.,...el .$..w..~..z..d. ....................................... .$.,?..s. ~.n..e..a...~.. ~.a. p~.q.e...r... (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: ............................ Oci:obez~ 25 ~ .............. ~~-~¢ ' Businesa ~anaaer (Title) SUBSCRIBED AND SWORN TO BEFORE ME this ...2..5. .......... day of --.0.-c..~.9..b.e.r A.D., 19....7..2. ...... Notary Public, Hale County, The Best Investment For Your Advertising Dollar 30e AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PF. RSON TO HARBOR OR KEEP ON HIS PR~fISES OR ENTER ABOUT HIS PREMISES UN-DEl{ HIS CONTROL ANY DOG WHI6q{ BY LOUD OR UNUSUAL BARKING OR HOWLING SHALL CAUSE THE PEACE AND QUIET OF TKE NEIGHBORHOOD OR THE OCCUPANTS OF ADJACENT PREMISES TO BE DISTURBED AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Barking. Any person who shall harbor or keep on his premises or in or about any premises under his control, any dog which, by loud or unusual barking or howling shalt cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be dis- turbed, or reasonably liable to be disturbed, shall be guilty of a misdemeanor. SE.CTION 2: Penalty. Any person who violates or fails to comply with the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine of not less than $i.00 and not more than ~00.00. PASSED AND APPROVED this A. D. 1972. 16th day ,of October ATTEST: KELTZ GAR~LISON, Mayor Pro ~Tem Published Every Afternoon Except Saturday With Plainview Daily PUBLISHED BY ALLISON COMMUNICATIONS, 801 BROADWAY ~ PHON~ CApitol 4-4343 -- p.O. Plainview, Texas 79072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day James 13. Oswald Business Manager (TiQe) of the Plain~iew Daily Herald, a newspaper oE geae~a] ~a]e Coaa~, ~e~as, who s~a~ed oa oa~b ~a~ ~he a~acbe~ Hshed ~ smd ~ews~a~e~ o~ eac~ of ~e EoHowi~3 daces, ~o-wk: .. Novembe~ ~0 ' ..,..~.~ .... ~: ~usiness Fee: $30.96 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ..... !.~ ........ day of N°vemberA D, '72 The Best Investment For Your Advertising Dollar Plainvie~ · Published Every Afternoon Except Saturday With Enlarged Pla in view Daily PUBLISHED BY ALLISON COMMUNICATIONS, 801 BROADWAY ~ PHON-E CApitol 4-4~L3- p.O. Box Plainview, Texas 7P072 ZONE THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day person~ James. B. Oswald Business, Manager ............. .'7'..'F. ............ ~ ~ ............................... *- , (Title) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas, who stated on oath that the attached in~ lished in said newspaper on each of the following dates, to-wit: ........ ............................... ~ rc h..2 5 +...19.7.3 ........................................... _~ ~/ ~Business Manager k.../ .................... -" ............. i i; ;i ....... 'OF, SECTION, I, That, Ordiuance Ne. 794 and the Official Z0ning~ Mai5 be and the hereby amended as ~l[ows, to be Fee: $37.80 per issue th, ,~ate of ,ts Unanimously passed by the City Council this 1~fh day of March, 1973. JOHN D. STONEHAM A ' MAYOR TTEST: - Nt:- L. 'R~ - CJ~ S~t~ty-Tr~sot~r '(March, 25, 1973) ~ '~ SUbSCRIbED AND SWORN TO BEFORE ME this .... ~ ........ day of ~a~b ........ A.D., 19 ~2 ........ Notary Public, Hale County,i~l~exas The Best Investment For Your Advertising Dollar ORDINANCE NO. 72- 1289A AN ORDINANCE PROHIBITING PAP~KING ON EITHER SIDE OF THAT PORTION OF NORTH AUSTIN STREET LYING BETWEEN THE SOU%~H CUPd~ LINE OF GIVENS STREET PRO- JECTED WEST ACROSS NORTH AUSTIN STREET TO A PARALLEL LINE ACROSS NORTH AUSTIN STREET 220 FEET SOUTH OF SAID CURB LINE OF GIVEN STREET PROJECTED WEST AS AFORESAID. WHEREAS, congestion of traffic on a portion of North Austin Street in the City of Plainview, Texas, makes it advisable to prohibit parking of motor vehicles or vehicles of any kind on 'either side~ of that portion of North Austin Street as hereinabove provided in this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Parking of any kind of motor vehicle or any other kind of vehicle on that portion of North Austin Street lying between the South Curb line of Givens Street projected West across North Austin Street to a parallel line across North Austin Street 220 feet South of said curb line of Givens Street projected West is prohibited. SECTION 2: No person shall park or cause to be parked a motor vehicle, automobile, truck, truck-tractor, or vehicle of any kind on either side of that part of North Austin Street lying between the South curb line of Givens Street projected West across North Austin Street to a parallel line across North Austin Street 220 feet South of said curb ling of Givens Street projected West as aforesaid. 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 in a sum of not less than One Dollar (Si.00) and not more than Two Hundred Dollars ($200.00). SECTION 4: The Director of Public Safety of the City of Plainview is authorized and directed to erect appropriate signs as provided in Section 3 of Ordinance No. 70-1074 of the City of Plainview so as to provide notice of the prohibited parking area as hereinabove provided. 1972. PASSED AND APPROVED This the 6th 'day of Novemb~er, A. D. ATTEST: M. L. REA, City. Clerk ORDINANCE NO. 72- 1290 AN ORDINANCE REQUIRING A USE FEE FOR THE PRIVATE USE OF THE SHELTER HOUSE LOCATED ON THE BROADWAY PARK AND PROVIDING FOR REGULATIONS IN REGARD TO ITS USE. WHEREAS, the Shelter House located in the Broadway Park is frequently used by individuals for various gatherings, purposes and occasions. WHEREAS, there is a need for regulations pertaining to the reservation of the Shelter House and regulations to require that it be properly cleaned and to require the individuals using same to pay for any damages caused by their negligence; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Any person desiring to use the Shelter House, located in what is known as the "Broadway Street Park" in the City of Plainview, shall sign an application requesting the use of said Shelter House, giving the date the use is desired. With the application the applicant shall deposit Fifteen Dollars ($15.00), which shall be k.nown as a "clean- ing deposit". The Fifteen Dollars ($15.00) shall be kept by the City Clerk of Plainview in an escrow account. When the occasion for which the Shelter House was reserved has by any one individual, or a group, terminated, then the Supervisor of the Parks Department, or his agent, shall make an inspection of the premises and if the same has been cleaned to his satisfaction and no extraordinary damages has been caused by the negligence of said parties the. Fifteen Dollar ($15.00) deposit shall be returned to the person making the deposit, otherwise it will be paid to the City of Plainview as liquidated damages. SECTION 2: There shall be charged for each use of the Shelter House the sum of Ten Dollars ($10.00), which shall be paid at the time the appli- cation therefor is made. In the event th~ person making the deposit of ~ Ten Dollars ($10.00) for the use of same desires to cancel said application and not use the Shelter House, the said Ten Dollars ($i0.00) "use fee" and~ the Fifteen Dollar ($15.00) "cleaning deposit" shall be returned to such person. ¸34 SECTION 3: Any person making application to use the Shelter House sh~ll agree, (and said agreement shall be embodied in the application) that the City of Plainview shall not be liable to such person, his invitees or any other person attending the gathering at the invitation of such applicant or his group for any damages to person, or propeyty caused by negligence, or due to the Shelter House building_or any appurtenances thereof being improperly constructed or becoming out of repair nor for any damages from any defects for want of repair of the building of which these premises form a part, but the said applicant shall agree to accept the premises as suitable for the purposes for which he, or his party, intend to use the same andeach and every appurtenance thereof and that he waives defects therein and agrees to hold the City of Plainview harmless from all claims for any such damages. SECTION 4: Any occupancy or use of the Shelter House superviseR by or sponsored by the Parks and Recreation Department of the City of Plainview shall not be subject to this ordinance, but the same shall be subject to.the directions and regulations of the Director of Parks and Recreation of the City of Plainview. ENACTED AND SIGNED This the 6th day of November, A. D, 19,72. / / ~STONEHAM~ Mayor ATTEST: M.~Cler -2- 35 .,. °~ '% ORDINANCE NO. 72-1291 ~,~ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific' funds out of Library Parking Fund, Acct. 416 funds for an approved project, and this ordinance deals with the davy 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 PLAINVlEW: There is hereby appropriated out of the following described Library Parking Fund, Acct. 416 The sum $ 131.55 fund, to-wit: For the following purpose: Payable in the following amounts for taxes on Mildred Tull Estate: City of Plainview Hale County Plainview Schools $54.32 22.57 54.56 WHEREAS, an emergency exists as shown in the prearnble to this ordinance,'the enactment of this ordi- nance is declared to be an emergency measure thereby creatir~g 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 ORDER, ED Passed by the Council on this 6th ATTEST: CITY SECRETARY day of November ~ 1972 Approved by: ORIGINAL Verified by. Division Director Department . Accounting Department ORDINANCE NO. 72-1292 AN APPROPRIATION ORDINANCE "-" WHEREAS, the City Council of the City of Plalnview finds it is necessary to appropriate certain specific funds out of Pro Rata Account 324 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 OE PLAINVIEW: There is hereby appropriated out bf the following described Pro Rata,Account 324 The sum $ 154.60 For the following purpose: Payable to Clowe & Cowan Purchase of twelve (12) fund, to-wit: 18" x 18"--meter'boxes 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 cieating 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_ AND IT iS .SO ORDERED 6th ATTESTi ' Approved by: ORIGINAL day of November , 1Lff~1972 / Division Director Department Accounting Department LEGAL NOTICES 56 ~/~NCE NO. AN~D~I~A~CE AMENDING ZON- ~ ~ .... lNG':' < NO 794 AND THE Published Every' Afternoon Ezce~ Saturday With ~ntargea O'u~?~? ~E,:OE ~H~ C~TY ~I~Y~$O-AS TO MAKE THE O~E~.;~H~GES, AND CREAT- ~ZON~: Requ~-'~.. ~D: ~bb for rezon ng of ~? ~;~v;~ ~ot ~, = m of Lot ~ J '~, from ~ Rz2?~he~+o o R-3 Zo~ for ~leW ,U"muJti-family use, lom~ed at ~10 and I 1 l~''~11 O~ndview Drive ~Y, TEXAS ~eOM e-~'ZO * R-S ~Oa~ lNG DISTRICT, PU~LI~ED By ALL~ CO~I~TIONS, INC. WHEREAS, the ~ro~sed change in Zon- .ing D[strc~ as hereinafter m~de h~s ~1 B~O~A~ ~ PHO~ ~1 ~4~ ~ p.O. ~ox 12~'.B~n duly ~resan~ed to the Planning & Zoning Commission for its tion whi~ was rece red by ?he City PlMnviezo, Texas 7~072 coo,~,, and ~fler due consideration ?he Cify Council of the Cffy of Plainv~ew finds th~ for the orderly growth of the ~ify mokmg the pro~os~ change as fl~re neff~ s~t out w II be in }he Dub c ,:.ihtBrest whTch crea}es a~ amergency; THE STATE OF TE~8 ) j-,~, ' . {':WHEREAS. a eondiffons precedent ~ ~ulr~d by law for 6 va J~ am~ment t Th~ Zon ng O~ nanee and Ma~. hav~ [ ~n fully ~m~fled w th. as well COUNTY aP ~L~ ) [h~ving nOtie~ i, compliance with ~ ~Ti0~ 18 ef ~rdinance 7~4 as well as nm [t[~s~ brovid~ by A~t[cle 1~11F Ver- [~on's Annotate~ Civil St6tufes-Amend~ ~ []953. and not[ce ~as duty p~btished 'the Plainview Hera:Id mdre t~n fiffee~ (15) days ~rior-to th~ d~te of the Pub. lic H~ring b~ore the City Counc l ~ -such proposed ame~Oment, and the B~POR~ ~, ~e ~detsi~ed ~.t~o~it~, o~ thb d~- -e~so.~li:,'~ IV ~e ~ n ~ 'y C' R ~ ] ~ ~[ot the CiTy ~all, Plo{nview, Tekas, at which time pecans appeared n s James, ~. Oswald Business Ha-,naoer '?~ of t~epro~o~i; and offer s~ ~ Oear ng, t was ay the Cty Counc I, ................ ............................................. ~ .......................................... '' '~e~fnedinferesf duefha?~o [fchahgedw~uld ~ndifJons,in the publfhafC (~e) ~e zoning Ordfnan~ add the Zoning ~op be amend~ in the manner herin ina~er set fodh i~ the ~y of this Ordinance; NOW ?HEREFORE, BE iT of the Plainview Daily Herald, a newspaper of general circulation p~O~OA,.~o ~v T.~ ~,t~ 0F TH~ CiTY OF ,,~E~ION 1. That O~inance NO. 794 Hale County, Texas, who stated on oath that the attached :-~* ....... '~ ,~ o, ~ o zo..~ ~ ~ ~ Azxo~Z~ll~'~e are hereby amended as follows, t~Wit: [ON~ eASE NO. lished in said newspaper on each of ~e following dates, to-wit: ........... ch~ ~t ~ f~t o, Lot ~. o, of . Lot 18, Block,l, Grandv/ew Addition ~ ~J~d ocated at 3610 and ~11 Grand- November 23 ' J j'f~om an R-2 J'FYom the dc ... t ..... . ..... ,... usiness Manager LLbt, trod, a J'~'Sfi~l ~ and ~reby b J/~$ Zo~ ng Distrid [~i~ial Mo~ acordance Fee:S41.04 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ... ~.4. .... A.D., of Pl~lnvt~w, Hdfe Codniy,. Texas, an R-2 to a R-3 Zoning District. the d~e of this Ordinance said and aarcel of I~d describ- e chan~d fo ~ and ~he of- (Tffie) is amended In WHEREAS, on emergency exls~ ~ s~own n the ~r~mble ~o ih~s Ordinance, the enodmenf of this Ordinance is d~ dbred ?o be ~ emergency meesore ~:~F~atin~ b pu~i~ h~c0~fty fh~f the rul ~,'~eflu[ring proposed Ord~nahce fo ~ pre- rs~ed Qt ~O (2} se~rafe Council m~t. ings be d sDBN~d Wffh, and ?his Ordf- fi6ne sh~ ~ ~ffect~ve fFom the date 0f frs ~assage , ~hN~imous y p~sS~d by the City ~ouncll ~l~J~ ~h day bf Now~ber, 1~2. J6hn D. Stoneh~m ~YO~ ATTSST: City Sec~et~ry~Tre~u~r ary Public, Hale County, Tex~ The Best Investment For Your Advertising Dollar ORDINANCE NO. 7_2-1Z9_3_ AN ORDINANCE A~NDING ZONING ORDINANCE NO. 794 AND THE OFFICIAL ~P OF T~B CITY OF PLAINnfIEW SO AS TO ~itKE ~E FOLLOWING ~YGES, AND CREATING AN ~¥~RGENCY ZONE CASE NO. 229: Request of J. D. Cobb for rezoning of the West: 100 feet of Lot 16, all of LotflS, Block 1, Grandview Addition Revised, from a R-2 zone to a R-3 Zone for multi- family use, located at 3610 and 3611 Grandview Drive CITY OF PLAtN~4iE3V, HALE COUNq~f, TEXAS FROM R-2 to a R-3 ZONING DISTRICT. -- . ~IEP~iS~ the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning & Zoning Co~.~nission for its recommendation which was received by the City Council, and after due consideration the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the pu. blic interest which creates an emergency; and, %~REAS, all conditions precedent requmred by lm~ for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as well as notices pro- vided by Article 1011F Vernon's 7~motated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of such pro- posed amendment, s~nd the Public Hearing according to said notice was duly held in the City Cofmcil Room of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Co~mcil, de'termined that it Would be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the mamner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT O~AINED BY THE CITY COUNCIL OF THE CITY OF PLAIN~IEW: SECTION i. That Ordinance No: 794 and the Official Zoning Map be and the same are hereby amended as follows, to-wit: ZONE CASE NO. 229 Change west t00 feet of Lot 16, all of Lot 18, Block 1, Grandview Addition Revised located at 3610 and 3611 Grandview Drive. City of Plainview, Hale County, Texas, from an R-2 to a R-3 -Zoning .District. From the date of this Ordinance sai~' Lot, tract, and--~arcel of la_nd described shall be and hereby be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. ~IEREBS, an emergency exists as shown in the pre~nbte to this Ordinance, the enactment of this Ordinance is declared to be ~n emergency m~asure creating a public necessity that the rule requiring proposeq Or&nmnce to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effective from the date of its passage. UnanLmously passed by the City Council this 20th day of November , 1972 . AT£=S ~: ~~ry - Tr TasurTr ¸38 ORDINANCE NO. 72-1294 AN ORDINA2~CE AMENDING ZONING ORDINANCE NO. 794 AND THE OFFICIAL MAP OF THE CITY OF PLA_INVIEW SO AS TO lfAKE THE FOLLOWING CHANGES, ~D CREATING AN EMERGENCY ZONE CASE NO. 230: Request of J. D. Cobb for rezoning of Lots 1 & 2, Hilltop Addition and a tract of land out of the Northeast quarter of Section Number twenty-eight (28), Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point 45 feet West and 726.9 feet North of the Southeast corner of the Northeast Qnarter of Section No. 28, Block JK-2, Hale County Texas, point being 109 feet South of the south line of U. So Highway No. 70 and the west line of Ennis Street; THENCE N. 74044'40'' W 133 feet to a point; THENCE North 109 feet to a point in the south line of U. S. Highway No. 70; THENCE N. 74°44'40" W 55.96 feet toga point; THENCE South 153 feet to a point being the Southeast corner of Lot No. 2, Block No. 1, Hilltop Addition; ~. THENCE East 184 feet to the PlaCe of Beginning, - from a R~I zone to a C-I Zone for commercial use located at 3211 Olton Road. CITY OF PLAINVIEW, HALE COUNTY, TEXAS FROM R-1 to ~ C-1 ZONING DISTRICT. WHEREAS, the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning & Zoning Commission for its recommendation whidh was received by the City Council, and after due consideration the City Council of the City of Plainview finds that for the ~orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as well as notices pro- vided by Article 1011F Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of such pro- posed amendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City Hall~ Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council, determined that it would be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. %~at Ordinance No. 794 and the Official Zoning Map be and the same are hereby amended as follows, to-wit: ZONE CASE NO. 230 Change Lots 1 & 2, Hilltop Addition and a tract of land out of the Northeast Quarter of Section Number twenty-eight (28), Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point 45 feet West and 726.9 feet North of the Southeast corner of the Northeast Quarter of Section No. 28, Block JK-2, Hale County, Texas, point being 109 feet South of the south line of U. S. Highway No. 70 add the West line of Ennis Street - THENCE N. 74044'40'' W 133 feet to a point; THENCE North 109 feet to a point in the south line of U. S. Highway No. 70; THENCE N. 74° 44'40" W 55.96 feet to a point; THENCE South 153 feet to a point Being the Southeast corner of Lot No. 2, boock No. 1, Hilltop Addition; THENCE East 184 feet to the Place of Beginning, From a R-1 Zone to a C-1 Zone for commerCia%i~se'l°cated at 3211 Olton~Road. LEGAL NOTICES · Published Every Afternoon Except Saturday With Enlarged ZONE CASE NO. Cobb for rezoning of r. ~enty-eight (28), 8 ack J ~ County, Texas, descri.b~d by bounds os fat ows IBEGINNING at e point 45 f~ef West an.d 725.~ feet North of fha Southeast /~rner of the Northeast Quarter of THE STATE OF TEXAS Plainviezo, Texas 79072 COUNTY OF HALE THENCE N. 74 degrees 44' 40" W feet to o point; THENCE North 109 feet ,o a point in the south line of U S Highway No. 70; I THENCE N. 74 degrees 44' 40" W 5595 ! feet 'o a point; /'THENCE South t53 fXaet to o poiht be ng [ the Southeast Corner of Lot NO 2, Block -No. 7, Hilltop Addifion~ THENCE East 1~4 feet ~o fha Place of eginning, rom a R;1 ZOne tao C-] Zot~e for commercial use located of 3211 OIton Road. CITY OF PLAINYIEW, HALE COUN- TY, TEXAS FRON'~ R-I to a C:t ZON- ING DISTRICT. ~ ¢~/HEREAS> the 'proposed change In Zoning Districts a~ hePein£iffer ~nade BEFORE ME, the unders,gned authority, on this day personall5 ~27~%;,3~?°~t%~h?,''~;2, .... ~..~ ~.=.,v~ .~ City Ceu~eil, and ~flet ~ue J am e s B· 0 S W~ ld - -* r; tien the City Council of the City of Plain- ' ~us~n~s~ ~J~Q~g~ vi~ finds tha~ for the ordery growth ............................................................. ~ .................................. ' ........... ' as°f thehereinmterCit~, m~t~sm outthewill~re~ed~e in theChd~e (~e) Hc ~nterest wh ch crates ~n emergency- Gnd, ' of the Plainview Daily Herald, a newspaper of :general circulation ~.o~,.., OhO Hale County, Texas, who stated on oath ~at the attached instrumen~ ~, II~ Hshed i~ said ~e~spa~et o~ eac~ o~ ~e fo]]o~i~ dates, to-~Jt: ........... bf such Novembe= 23 .~z. .,-- Business ~anager count., d~formin, (~fle) Fee: $59.04 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ...z..4. .... N0-.v..e-.m...b.e.~. A.D., 197...z. .......... ZON~ CASE No; ~ and bounds a~ fol- Notary Public, Hale County, The Best Investment For Your Advertising Dollar Published Every Afternoon Except Saturday With Enlarged Plainview Daily THE STATE OF TEXAS ) ) COUNTY OF HALE ) T¥, PUBLISHED BY ALLISON COMMUNICATIONS, INC. !} 801 BROADWAY -- PI-IO1N~ CApitol 4-4343 -- 1~. O. Box I~; Plainview, Texas 7~072 BEFORE ME, the undersigned authority, on this day dames ]3, .0~.~.o,~.d ........................... Bus:Lness Manager ('rifle) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas, who stated on oath that the attached instrumen lished in said newspaper on each of the following dates, to-wit: ........... November 23 ' ..~......~.~..~. ..... ~~g~. Business Manager (Title) Fee: $39,60 per issue SUBSCRIBED AND SWORN TO BEFORE ME this .... ~.. November A.D., 1972 The Best ,Investment FoP Your Advertising Dollar City of Plainview, Hale County, Texas, from am R-1 to a C-1 Zoning, District. From the date of this Ordinance said Lot, tract, and parcel of land described shall be and hereby be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. WHEREAS, an emergency exists as shown in the preamble to this Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be'effective from the date of its passage. Unanimously passed by the City Council this 19 72 . ATTEST: 20th day of November City Secretary - Treasurer 4O ORDINANCE NO. 72-1295 AN ORDINJINCE AboUNDING ZONING ORDINANCE NO. 794 _&ND THE OFFICIAL ~4AP OF THE CITY OF PLAIN~flEW SO AS TO biiKE 7IIE FOLLO~qlNG CHANGES, AND C ~REATING AN F3~RGENCY ZONE CASE NO. 231: Request of Dee Martin for rezoning of West 6 inches of Lot 2, all of Lot 3, Block 54, College Hill Addition, from a C-1 Zone to a C-2 Zone, for commercial use, located at 2103 West 5th CITY OF PLAINVt~, HALE COUNTY, TEXAS FRO~ C-1 to a C-2 ZONING DISTRICT. ~,,~ERF~iS~ the proposed change in Zoning Districts as hereinafter made has been duly Fresented to the Planning & Zoning Co~mission for its recommendation which was received by the City Council, and after due consideration the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; mhd, ~FHERERS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance ?94' as well as 'notices pro- vided by Article 1011F Vernon's Annotated Civil Statutes-Amended, 19S3, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to 'the date of the Public Hearing before the City Council of such pro- posed amendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City .Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council, determined that it would be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be ~m~ended in the maumer hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY T~ CITY COUNCIL OF THE CITY OF PLAIN~/tEW: SECTION 1. That Ordinance No~ 794 and the Official Zoning Hap be and the same are hereby amended as follows, to-wit: ZONE CASE NO. Change West 6 inches of Lot 2, all of Lot 3, Block 54, College Hill Addition, located at 2103 West 5th Texas from an City of P!~inview, Hale County, , C-1 to a C-2 Zoning District, From'the date of tkis Ordinance said Lot,. tract, a~l.of described shall be and hereby be changed to the zoning District indicated mn the Official Map is re, tended in accordance herewith. %x~REAS, an emergency exists as shown in the preamble to this Ordinance, the enacUnent of this Ordinance is declared to be an emergency measure creating a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effective from the date of its passage. Unanimously passed by the City Council this _.2ilt_k__day of _lio_~, 19 7¢. ATTEST: City Secretary~er Published Every Afternoon Except Saiturday. With Enlarged Pla in view Daily PUBLISHED BY ALLISON COMMI/NI~7.ATIONS, INC. EXTENT INCLUSIVE BRO~W~Y -- ~ONE CApitol ~ -- p.O. Box 124t;~ ~om East ~ounda~ l~ne o~ Ash Street ~40 feet ~sf ~o West BOundary Lin~ of Pl~nview, Tex~ 7~07 2 ~'~ THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day J ames~ B, Oswald Business Nanager (Title) of the Plainview Daily Herald, a newspaper of ,,general circulation Hale County, Texas, who stated on oath that the attached ' lished in said newspaper on each of the following dates, to-wit: ~vlew. ere hereby John S~oneham, JOHN STONEHAA,I,, AAa¥or ~e~ REA, City Clerk November 23 .................................................... · ............ A. D. 19 72 ~' _ Business Mana er (Title) ....... Fee: $24.84 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ..... .2.~ ....... day of _...N?.e..m...b.eA.D., 19...7..2. ....... The Best Investment For Your Advertising Dollar ORDINANCE NO. 72' 1296 AN ORDINANCE PROVIDING FOR %~0 HOUR PARKING ON THE SOUTH SIDE OF THAT PART OF EAST 7_~14 STREET BEGINNING FIFTEEN FEET EAST OF ~HE EAST CURB LINE OF ASH STREET AND EXTEb~ING EAST ONE HUNDRED FORTY FEET TO ALLEY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE%~: SE~CTION 1: Schedule 1 as shown in Section I of Ordinance No. 71-1154 is hereby amended and the following provision shall be added and included in said Schedule I thereof. STREET INCLUSIVE BLOCKS EXTENT SIDE East'Seventh..~ 200 Blk. From East Boundary line of South ~ Ash Street 140 feet East to West Boundary Line of Alley SECTION 2: The said Ordinance No. 7][-1154 and all its terms, provisions and conditions are hereby ratified and confirmed except that the above pro- visions shall be added to Schedule I and incorporated in Schedule I of Section 1 of Ordinance No. 65-900 as subsequently amended and as further amended by Ordinance No, 71-1154. SECTION 3: PENALTY FOR VIOLATION. Jmy person who shall violate or fail to comply with any of the provisions of this amendment to said Ordinance No. 71-1154 shall be punished as provided in Section 16 of said Ordinance No. 71-1154 of the City of Plainview. SECTION 4: tn all other respects' Ordinance No. 7!-1154 of the City of Plainview, Texas, together with all its terms and provisions are hereby ratified and confirmed and shall remain in full force and effect. PASSED AND APPROVED this 20th day of November, A. D. 1972. ATTEST: ORDINANCE NO. 72- 1297 AN ORDINANCE PROVIDING THAT MOTOR VEHICLES SHALL BE PARg_ED AT A TWENTY THREE DEGREE ANGLE ON BOTH SIDES OF THAT PORTION OF WEST 3RD STREET BETWEEN BROADWAY STREET AND AUSTIN STREET IN THE CITY OF PLAINVtEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: ATTEST: M~ L. REA, City Clerk SECTION 1: Any person parking or standing a vehicle on either side of that part of West 3rd Street between Broadway Street and Austin Street in the City of Plainview shall park the same at a twenty three degree angle, to the curb of said street. SECTION 2: The Director of Public Safety of the City of Plainview is hereby authorized and directed to paint stripes on that portion of 3rd Street described in Section 1 hereof, so as to indicate' parking spaces and the angle required~as provided in this Ordinance. SECTION 3: Ail ordinances and parts of ordinances heretofore requiring parallel parking on that portion of 3rd Street described in Section 1 of this ordinance is hereby repealed. SECTION 4: Ail ordinances or parts of ordinances pertaining to the parking of vehicles on that portion of 3rd Street hereinabove described in Section 1, except as modified by this Ordinance is hereby ratified and confirmed and shall remain in full force and effect. 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 in the sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). PASSED, APPROVED and ADOPTED, thi~ 20th day of November, A. D. 1972. ~H-A~, I~yor Published Every Afternoon Except Saturday With Enlarged Plainview Daily PUBLISHED BY ALLISOI~ COMMUi~C~TION$, INC Plainvie~, Texas 7P072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, .on this day James B. Oswald Business Manager (Title) of the Plainview Daily Herald, a newspa per of general circulation Hale' County, Texas, who stated on oath that the attached lished in said newspaper on each of the following dates, to-wit: ..................... November 23' ............................................................................................ . ............ A. D. 19 72 Business Nanager (Title) Fee $25.20 per issue SUBSCRIBED AND SWORN TO BEFORE MEthis .... 3.4 ......... day of November 72 ................ A.D., 19 ............. j r~o' ry Public, Hale CounWFexas The Best Investment For Your Advertising Dollar ORDINANCE NO. 72,-1298 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY' OF PLAINVIEW, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO PUBLIC NOTICE OF SUCH PUBLIC HEARING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: On the 4th day of December , 1972 at 7~0 o'clo---~ _ .m. in the City Council Chamber - of the Ci%~ Hall of ~he City o~Plainview, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Plainview, Texas of the following described property, to-wit: BEGINNING at the Southwest corner of Section 28, Block JK-2, Hale County, Texas; THENCE South 89° 55.6' East, 2403.8 feet along the South line of Section 28 to a point in the West right-of-way line of Highway Loop 274, now designated as U. S. Highway 87 and Interstate High- way 27; THENCE Northward 558.3 feet along a curve to the right whose chord bears North 02° 54.5" East, 558.15 feet to the end of curve in the West right-of-way line of said Highway Loop 274; THENCE North 05° 41.5' East, 766.49 feet along the West right-of- way line of Highway Loop 274 to a point in the South line of the North 1/2 of the Southwest 1/4 of said[ Section 28, Block JK-2; THENCE North 89° 55.6' West, 1306.08 feet along the South line of the North 1/2 of the Southwest 1/2 of Section 28, Block JK-2, passing at 539.45 feet a point in the West right-of-way of Kirchwood Drive, to a .point the place of beginning for this tract of land; THENCE North 89© 55.6' West, 48.68 feet along the South line of the North 1/2 of the Southwest 1/4 of Section 28, Block JK-2 to a point; THENCE Nor~hh 00° 04.4' East, 1173.15 feet to a point in the South line of an alley of Westridge; THENCE South 59° 52.2' East, 80.88 feet along the South line of an alley of Westridge to a point; THENCE North 55© 07.8' East, 373.20 feet along the Southeast line of an alley of Westridge to a point; THENCIE South 64° 49.2' East, 15.00 feet a~ong the South line of an alley of Westridge to a point; THENCE South.04© 46-1' East, 34.00 feet along the West line of an alley of Westridge to a point; THENCE North 72° 08.4' East, along the Southeast line of Lot 7, Westridge, passing at 214.10 feet a 5/8 inch steel~ rod the Northeast corner of Lot 7 and in the~West right-of-way of Kirchwood Drive, in all 274.10 feet to a point in the East right-of-way of Kirchwood Drive; THENCE Southerly 280.10 feet along a 660 foot radius curve to the right with a central angle of 24© 19.02' and a chord~bearing SoUth 05? 42..1' East, 278.00 feet to a point of reverse curve in the East right-of-w~y of Kirchwocd Drive; THENCE Southerly 261.87 feet along a 600 foot radius curve to. the right with a central angle of 25© 00.45' and a chord bearing South 06© 02.83' East, 259.87 feet to a point of reverse curve, in the East right-of-way of Kirchwood Drive, and a corner in the City Limit of the City of Plainview; THENCE South 75© 00' West, 680.72 feet along said City Limit line to. a corner in said City l.~mit; THENCE South 678.54 feet along said City I.~r~it line to the POINT OF B~GINNING of this tract and containing 8.89 acres of land, mor~ or less. SECTION 2: The Mayor of the City of Plainview is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the Ci~ and in the above described territory not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Chapter 160, Acts of the 58th Legislature, Regular Session, 1963; complied as 970a, Vernon's Texas Civil Statutes). {F~i~ , 1972, / ATTEST: ~ ~ ORDINANCE NO. '~' 72-1299 % AN[ APPROPRIATION ORDINANCE WHEREAS, the City Council of the .City of Plainview finds it is necessary to appropriate certain specific funds out of Lhappropriated Surplus Account 611 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[ lhappropriated Surplus Account 611 The sum S 10,.401.60 For the following p~rpose: fund, to-wit: Payable to Eastman Kodak City of Plainview's share of the cost of the microfilm system for the Plainview ]Police Department. WHEREAS, an emergency exists as shown in the preamble to this ordLnance, 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. AND IT iS SO ORDERED Passed .by the Council on this 4th day of Dexrx~mber ~ . cI rY MANAGER L Approved by: Division Director ORIGINAL Department ORDINANCE NO. 72~1300 ~AN ORDINANCE A~Nq~ING ZONING ORDINANCE NO. 794 AND THE OFFICIAL 5igP OF THE CITY OF PLAIN~tEW SO AS TO M~KE 7HE . i>LLO~.T!NG CHANGES, ~tND CREATING AN ~MERGENCY ZONE CASE NO. 232:~ Request of Mrs. Martin Vera for rezoning of Lot 10 and the South 25 feet of Lot 11, Block 1, Judah Addition, from a R-2 to a C-1 Zone"for commercial use, located at 1602 Quincy Street CITY OF PLAINn/tEW, HALE COUNTY, TEXAS FROM R-2 , to a C-1 ZONING DISTRICT. ~IE~ the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning & Zoning Commission for its recommendation which~ was received by the City Council, and after-due consideration the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as 'well as notices pro- vided by Article 101iF Vernon's Annotated Civil Statutes-Amended, 1953, ahd . notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of sUch pro- posed amendment, and the Public Hearing according 2o said notice was duly held in the City Council Room of the City Hall, Plainview, Texas, -at which time persons appeared in support of the proposal; and after said hearing, it' was by the City Council, determined that it would be in the public interest due to changed conditions, that the ZonLng Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION i. That Ordinance No~ 794 and the Official Zoning ~Iap be and the same are hereby amended as follows, to-wit: ZONE C~tSE NO. 232 Change Lot 10 and the South 25 feet of Lot 11, Block 1, Judah Addition, located at 1602 Quincy Street City of Plainview, Hale County, Texas, from an R-2 to a C-1 Zoning District. From'the date of this Ordinance said Lot, tract, andparcel~of.Iand described shall be and hereby be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. I~dEREAS, an emergency exists as shown in the preamble to this Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effective from the date of its passage. Unanimously passed by the City Council this - ~h ~aY 0f DecembeK ~., 19 .72..-' ATTEST: Published EVery Afternoon Except Saturday With Enlarged Pla in view Da ily PUBLISHED BY ALLISON COMMUNICATIONS, 801 BROADWAY -- PHONE CApitol 4434~- P.O. Plainview, Texas 7P072 THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day person ..4.~..m.~..~.... p~.d' ............................. Bus.~Ln~s M~nage~ (Title) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas, who stated on oath that the attached lished in said newspaper on each of the following dates, to-wit: ... ............................................ J..a..n..u..a..r. ~...? ........................................ ...~_..../....~]~t~d... Bus':[nes:s Manager (Title) Fee: $39.96 per issue and nl H~oring I SUBSCRIBED AND SWORN TO BEFORE ME this .... ,.. J.?.p..u..a.?.y... A.D., 19...7..3. ....... · --,~o,~-~b,,~,~~ .......... The Best Investment For Your Advertising Dollar ORDINANCE NO. 72- ,~) l AN ORDINANCE PROVIDING FOR A 109 FOOT 9 INCH LOADING ZONE ON THE SOUTH SIDE OF WEST 8TH STREET BETWEEN AUSTIN STiREET A~ THE ALLEY RUNNING NORTH AND SOUTH PARALLEL TO AUSTIN STREET BETWEEN AUSTIN STREET A~ND BALTIMORE STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The space along the curb on the South side of West 8th Street; beginning at a point 12 feet 8 inches East of the alley between Austin Street and Baltimore Street and running North and South from 8th Street to 7th Street, all in the City of Plainview, thence, East to a point along the curb on the South side of 8th Street a distance of 109 feet and 9 inches, is hereby declared to be a LOADING ZONE. SECTION 2: When marked so as to show that said portion of said street is a loading zone, it shall be unlawful for any motor vehicle or other vehicle to park therein for any purpose except for the purpose of loading and unloading goods, and passengers. 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 misde- meanor and upon conviction thereof shall be punished by a fine in a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). PASSED AND APPROVED This 18th day of December, A. D. 1972. ATTEST: / ~HAM, Mayor L. RF~, C±ty* Clerk ORDINANCE NO. 72-1302 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific [unds out of RlJlllli~g Water Draw Park Account 407 funds for an approved project, and this ordinance deals with the daily oper_ation of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAiNED'BY THE CITY COUNCIL OF THE CITY OF PLAINV1EW: There is hereby appropriated out of the following described Running Water Draw Park Account' 407 The sum $ 224.20 For the following purpose: Payable to Gi£ford-Hill ~ Company, Inc. For trenching at Running Water Draw Park fund, to-wit: 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 dispdnsed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO oRDERED -Passed by the Council on this 18th ATTEST: day of December , )l~ 1972 /. Verified by: ~'~ . CIT~. MANAGER CITY SECRETARY Approved by: Division Director Department Accounting Department ORIGINAL 49 AN APPROPRIATION ORDINANCE NO. 72-1303 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific 'funds out of Revenue Sharing Fund, Acct. 427 funds fo? 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 01::: PLAINVIEW: There is hereby appropriated out of the following described: Revenue Sharing Fund, ,Acct. 427 The sum $ 7,146.00 For the following purpose: Payable to Motorola ~archase of nine mobile radios @ for Sanitation Department fund, to-wit: $794.00 each 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. AND IT iS SO ORDI~!RED Passed by the ~Cotmcil on this ATTEST: 18th day of December , Xl~. 1972 ? . ,¢,'L] /1 CITY SECRETARY Verified by. cI~ I/i}(NAGER Approved by: Division Director Department Accounting Department ORIGINAL AN ORDINANCE PROVIDING THAT MOTOR VEHICLES SHALL BE PARKED PARALLEL TO THE CURB ON TIIE ON THE SOUTH SIDE OF THAT PART OF WEST 8TH STREET FROM BALTIMORE STREET EAST A DISTANCE OF 113 FEET7 INCHES'. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAIN-VIEW: SECTION 1: The Provisions and language in Section 48, Article 2, Chapter 14, of "The City Code of the City of Plainview, Texas, 1957", contained in Schedule 4 thereof, which requires angle parking on that portion of the south side of West 8th Street from Baltimore Street east a distance of 113 feet and 7 inches in said City of Plainview, Hale County, Texas, is hereby amended to conform with the provisions hereof. SECTION 2: Any person parking or standing a vehicle on the south .side of that part of West 8th Street from Baltimore Street east a dis- tance of 113 feet and 7 inches in said City of Plainview, 'Texas, shall park said vehicle parallel to the curb SECTION 3: 'This Ordinance shall not repeal, amend or alter any other provisions of "The City Code of the' City of Plainview, Texas, 1957", related to the parking of vehicles, except:.that portion of Section 48, Article 2, Chapter 14, specifically referred to in Section 1 hereof. 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 in the sum of not less than One Dollar ($1.00), nor more than Two Hundred Dollars ($200.00). 1972. PASSED, APPROVED AND ADOPTED, This the 18th day of Decembe'r, A. D. I~ayor ATTEST ' ORDINANCE NO. 72-_~¢:,~-- AN ORDINANCE ESTABLISHING RATES FOR AMBULANCE SERVICE FOR HOSPITAL TRANSFERS AND ~MBULANCE SERVICE ON EMERGENCY CALLS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The holder of a franchise granted by the City of Plainview, Texas, for the purpose of operating ambulances in the City of P!ainview, Texas, may charge not to exceed rates as follows: (a) Hospital Transfers - $25.00 per call (b) Emergency Calls - $30.00 per call. SECTION 2: Any Ordinance heretofore passed setting rates contrary hereto is hereby amended accordingly. PASSED AND APPROVED This the 18th d~f of De¢embem,. A. D. 1972. ATTEST: M. L. REA, City Clerk ORDINANCE NO. 73-1306 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS' OF THE CITY. OF PLAINVIEW, TEXAS, AND THE ANNRDCiTION OF CERTAIN TERRITORY CONSISTING OF A 8.89 ACRES OF LAND, WHICH SAID TERRITORY' LIES ADJACENT TOAND ADJOINS /HE PRESENT BOUNDARY LIMIT OF THE CITY OF PLAINVIEW~ TEXAS. WHEREAS, a public hearing before the City Council of the City of Plainview, Texas, where all interested persons were provided with an oppor- -?tunity to be heard on the proposed annexation of the following described. territory: BEGINNING at the Southwest corner of Section 28, Block JK-2~. Hale County, Texas; THENCE South 89° 55~6' East, 2403.8 feet along the South line of Section 28 to a point in the West right-of-way line of Highway Loop 274, now designated as U. S. Highway 87 and Interstate Highway 27; ~{ENCE Northward 558.3 feet along a curve to the right whose chord bears North 02° .54.5' East, 558.15 feet to the end of curve in the West right-of- way line of said Highway Loop 274;. THF/NCE North 05° 41.5' East, 766~49 feet along the West right-of-way line of Highway Loop 274 to a point in the South line of the NoTth 1/2 of the Southwest 1/4 of said Section 28, Block JK-2; //HENCE North 89~ 55.6' West, 1306.08 feet along the South line of the North 1/2 of the Southwest 1/2 of Section 28, Block JK-2, passing at 539.45 feet a point in the West right-of-way of Kirchwood Drive, to al. point the place of beginning for this tract of land; THI~CE North 89~ 55.6' West, 48~68 feet along the SoUth line of the North 1/2 of the SouthweSt 1/4 of Section 28, Block JK-2 to a point; THENCE North 00~ 0~4.4' East, 1173.15 feet to a point in the South line of an alley of Westridge; THENCE South 59~ 52.2' Bast, 80.88 feet along the South line of an alley of Westridge to a point; TIt~CE North 55° 07.8' Eas , 373.20 feet along the Southeast line of an.alley of Westridge to a point; THENCE South 64° 49.2' East, 15.00 feet along the South line of an alley of Westridge to a point; South 04° 46~1'. East, 34.00 feet along the West line of an alley of Westridge to a point; THENCE North 72° 08.4' East, along the Southeast line of Lot 7, Westridge, passing at 214.10 feet a 5/8 inch steel rod the Northeast corner of Lot 7 and in the West right-of-way of Kirchwood Dr:lye, in all 274.10 feet to a point in the ~ast right-of-way of Kirchwood ])rive; THENCE Southerly 280.10 feet along a 660 foot radius cur~e to the right with a central angle of 24° 19.02' and a chord bearing South 05° 42.1' East, 278.00 feet to a point of reverse cuz~ce in the East right-of-way of Kirchwood Drive; THENCE Southerly 261.87 feet along a 600 foot radius curve to the right with a central angle of 25° 00.45' and a chord bearing South 06° 02.83' East, 259.87 feet to a point of reverse curve, in the East right-of-way of Kirchwood Drive, and a corner in the City Limit of the City of Plainview; THENCE South 75° 00' West, 680.72 feet along said City Limit line to a corner in said City Limit; THENCE South 678.54 feet along said City Limit line to the POINT OF BEGINNING of this tract and containing 8.89 acres of land, more or less; was held at 7:30 o'clock p . m. on. the 4th day of December 19 72 , which date is not more than twenty (20) nor less than ten (10) days prior to the institution of annexation proceedings; and WHEREAS, notice of such public hearing, together with the proposed ordinance in the form in which it might be finally passed was published in a newspaper having general circulation in the City of Ptainview, Texas, and in the above described territory on the 21st day of November , 19 72 , which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearing; and WHE~ the total corporate area of the City of Plainview, Texas, on the first day of January, 19_ 73 was 5,211,5 acres; and WHE~j, the population of the City of Plainview, Texas, is 19,096 inhabitants; and ! WHE~, the above described territo~!ies within the extraterritorial jurisdiction of .theCitY °fLplainvi~ew; Tex~S;~.~'~' WHEREAS, the above described territory lies adjacent to andadjoins.the City of Plainview, Texas;a~d WHEREAS, the above described territory contains 8.89 acres; NOW, /HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI/%[ OF PLAINVIEW: Section 1. The following described land and territory lying adjacent to and adjoining the City of Plainview, Texas, is hereby added and annexed to the City of Plainview, Texas, and said territory hereinafter' des~cribed shall hereafte~ be included within ~the boundary limits of the City~ of Plainview, Texas, and the present boundary limits of such City, at the various points contiguous to the area 'hereinafter described, are altered and amended, so as to include said area within the corporate limits of the City of Ptainview, Texas, to-wit: BEGINNING at the Southwest corner of Section 28, Block JK~2, Hale County, Texas; /HENCE South 89° 55.6' Bast, 2403.8 feet along the South line of Section '28 to a point in the West right-of-way line of Highway Loop 274, now designated as U. S. Highway 87 and Interstate Highway 27; /HENCE Northward 558.3 feet along a curve to the right whose chord bears North 02° 54.5' Bast, 558.15 feet to the end of curve in the West right-of- way line of said Highway Loop 274; THENCE North 05° 41.5' Bast, 766.49 feet along the WeSt right-of-way line of Highway Loop 274 to a point in the South line of the North 1/2 of the South- west 1/4. of said Section 28, Block JK-2; q/qENCE North 89° S5.6' West, 1306.08 feet along the South line of the North 1/2 of the Southwest 1/2 of Section 28, Block JK-2, passing at 539.45 feet a point in~ the West right~of-way of Kirchwood Drive, to a-point the place of beginning for this tract of land; THENCE North 89° 55.6' West, 48.68feet along the South line of the North 1/2 of the Southwest 1/4 of Section 28, Block JK-2 to a point; THENCE North 00° 04.4' East, 1173.15 feet to a point in the South line of an alley of Westridge; THENCE SoUth 59° 52.2' Bast, 80.88 feet along the South .line of an alley of WeStridge to a point; / THENCE North 55° 0.7.8' East, .373,20 feet along the Southeast line of an alley of WeStridge /HENCE South 64° 49.2' East, 15.00 feet along the South line of an alley of Westridge to a point; /~ENCE South 04° 46.1 Bast,. 34.00 feet along the West line of an alley of Westridge to a point; THENCE North 72° 08.4' Bast, along the Southeast line of Lot 7, Westridge, passing at 214.10 feet a 5/8 inch steel rod the Northeast corner Of Lot 7 and in the West right-of-way of Kirchwood Drive, in all 274.10 feet .to a point. in the Bast right-of-way of Kirchwood Drive; THENCE Southerly 280.10 feet along a 660 foot radius curve to the right with a central angle of 24° 19.02' and a chord bearing South 05° 42.1' Bast, 2?8.00 feet to a point of reverse curve in the Bast right-of-way of Kirchwood Drive; THENCE Southerly 261.87 feet along a 600 foot radius' curve to the right with a central angle of 25° 00.4S' and a chord bearing South 06° 02.83' Bast, 259.87 feet to a point of reverse curve, in the Bast rightzof-way of Kirchwood Drive, and a corner in the City Limit of the City of Ptainview; THENCE South 75° 00' West, 680.?2 feet along said City Limit line to a corner in said City Limit; THENCE South 678.54 feet along said City Limit line to the POINT OF BEGINNING of this tract and containing 8.89 acres of l~md, more or less. Section. 2. The above described ~errito~.~ and the area~so annexed shall be a part of the City of Plainview, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Plainview, Texas, an~ the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Plainview, Texas. Section 3. This ordinance shall be published one (1) time in a newspaper of general circulation in the City of Plainview, Texas.- PASSED AND APPROVED this, the 8th day of January , 1973. ! D. , .ayor . o" · ORDINANCE NO: ~ ! · ~ 73-1307 %, ~.'"' AN'APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview. finds it is necessary.to appropriate certain sp_ecific funds out of. Unappropriated Surplus Account 4,19; 711-722 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 Unappropriated Surplus Account 419; 711-722 The sum $ 576.50 _ ~ For the following purpose: Payable to the .Water Recl amati0n Department Account 722-902 Purchase of one (1) tractor mower fund, to-wit: 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. AND IT IS SO ORDERED Passed bythe Council on this @th dayof January , X9~ 1973 ATTEST: . crFY Verified 'MANAGER Approved by: ORIGINAL Division Director Department Acc ountL~g Department NOTICE OF REGULAR MUNICIP~5 ELECTION FOR T~IEPURPOSE OF ELECTING OFFICERS OF THE CITY OF PLAI~TIEW Notice is hereby given of an election to be held in and for the City of Plainview on the first Tuesday in April, 1973, the same being the 3rd day of April, 1973,. for the election of the officers as here- inafter named for the City of Plainview. The Ordinance providing for the election and setting out ~he officers to be elected and other pertinent information in regard thereto is as follows: STATE OF TEXAS COUNTY OF HALE TO THE CITY CLERK OF THE CiTY OF PLAINVIEW: You are directed to post notices of the regular election to be held in and for the City of Plainview for the purposes and at the time as provided in the Ordinance attached hereto, which said Ordinance provides for a regular election of two (2) Aldermen for the City of Plainview on the first Tuesday in April, 1973. You~will also cause said notice to be 'publishe~ in a n~wspaper of general circulation in the City of Plainview as provided in the said Ordinance. You will also deliver to each.of the persons appointed to hold the election, a copy of this Ordinance, which constitutes a writ of election. ' SIGNED This the /_~ day of ~/~;L/~7~/~ , A. D. 1973. ~c~yN ~.~ ~AiT~v~ Mayor 59 Came to hand this the day of , 1973, and in compliance with the ordinance, I did on the day of 1973, post the notice attached hereto at each of the following places: (1) One notice posted at the Municipal Court Building, located at 902 North Austin, in Plainview, Texas; (2) One notice posted at the Municipal Building (also known as the Chamber of Commerce Building) which is located at 710 West Fifth Street in Plainview, Texas; and (3) One notice posted at the Courthouse in Plainview, Texas; and in compliance with the Ordinance, I caused the notice attached here- to to be published in the Plainview Daily Herald on the dayof , I973, which is a day not more than thirty (30) days nor less than ten (10) day.s prior to said election. I also served a copy of this notice on each of the following named persons. (1) Lloyd Woods (2) Mrs. Grafton McInnish (3) Mrs. L. W. Kiker (4) Mrs. T. J. Gardner (5) Mrs. J. O. Bier (6) Mrs. Bob Wayland (7) Mrs. H. O. Womack who are persons designated as officials of the election, the said copy having been furnished to each of them on the day of 1973, which notice constitutes the writ pertaining to the holding of the election. EXECUTED This. ~'the day of , A. D. 1973. M. L. RF~, City Clerk City of Plainview 6O 0m)I A CE N0. AN ORDINANCE CALLING-AND SETTING THE REGULAR MUNICIPAL ELECTION FOR THE CITY-OF PLAINVIEW TO BE-HELD ON THE FIRST TUESDAY IN APRIL OF 1973, THE SAME BEING THE THIRD DAY OF SAID MONTH, FOR THE ELECTION OF TWO ALDERMEN; DESIGNATING THE PLACE WHERE SAID ELECTION IS TO BE HELD; AND APPOINTING PRESIDING OFFICIALS THEREOF. 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. 1973, the same being on the third day..of said month, for. the election of- the officers as hereinafter named for the City of P%ai'n~iew. SECTION 2: That said election shall be held in each~of the election precincts within said City. Said election precincts and polling places for each of said precincts shall be, respectively, as follows, to-wit: Precinct 1, shall consist of all that part of the City of Plainview lying north of the center line of Ninth Street and its projections East and West. Precinct 2, shall consist of all of that part of the City of Plainview lying south of the center line of Ninth Street and its projections East and West. Polling place for said Precinct 1 shall be in the Municipal Court Room in the Municipal Court Building of the CitY'of Plainview, which is located at 902 North Austin Street in Plainview, Texas. Polling place for said Precinct 2 shall be at the Municipal Building also known as the Chamber of Commerce Building, which is located at 710 West Fifth Street in the City of Plainview, Texas. SECTION 3: Said election shall be conducted by the following who are hereby appointed to hold said election: THE CITY Published Every Afternoon Except Saturday With Enlar~ Plainview Daily THE STATE OF TEXAS COUNTY OF HALE PUBLISHED BY ALLISON COMMIJiNICATIONS City of the elec- ~o b~ information OF THE BEFORE ME, the undersigned authority, on this day James B. Oswald Business M_nag~r; of he Plamwew Daffy Herald, a newspaper of general arcul Hale Count Texas y, , who stated on oath mat the attached usneo in saio newspaper on each of the following dates, to-wit:¢~;'~. F e SUBSCRIBED AND SWORN TO BEFORE ME this March 73 ............... A.D., 19 ............. 1973, 801 BROADWAY -- I>HONE CApitol 4-4;143 ~ P.O., TH, FOR EC- )N OF AL )ER/ tG-- Pl~tinvi~l~ Texg8 7@[}79 ] NATING THE PL~ :E 1 SAID --~--~ ELECTION' ~ TO BE AND APpOiNTING PRE$10 NI 'IALC THEREOF. ' 7 I SE IT ORDA NED RY THE'}~ CITy ) Notary Public, Hale The Best Investment For Your Advertising Dollar (1) Lloyd Woods (2) Mrs. Grafton McInnish (3) Mrs. J. O. Bier Lloyd Woods Judge of the election. shall act as Presiding Precinct 1 Mrs. Grafton McInnish and Mrs. T. J. Gardner officials of Precinct 1. Mrs. L. W. Kiker , are hereby appointed as the election Mrs. Grafton McInnish Precinct 1; and Mrs. T. J. Gardner shall act as clerks of the election. shall act as Presiding Judge of and Mrs. L.W. Kiker Mrs. L. W. Kiker is hereby appointed first alternate judge to act as Presiding Judge of Precinct 1 in the event that Mrs. Grafton McInnish is for any reason unable to serve as such Pre- siding Judge; and T.J. Gardner is hereby appointed second alternate judge to serve as Presiding Judge of Precinct 1 in the event~that both Mrs. Grafton McInnish and Mrs. L. W. Kiker are for any reason unable to serve as such Presiding Judge. The Presiding Judge of said precinct may appoint such additional clerks as she may deem necessary to hold the election. Precinct 2 Mrs. J. O. Bier Mrs. H. O. Womack and tion officials of Precinct 2. · Mrs. Bob Wayland , are hereby appointed as the elec- Mrs. J. O. Bier shall act as Presiding Judge of Precinct 2; and Mrs. Bob Wa¥1and and Mrs. H. O.' Womack shall act as clerks for the election. Mrs. Bob Way!and is hereby appointed first alternate judge to act as Presiding Judge of Precinc~ 2 in the event that Mrs. J. O. Bier is for any reason unable to serve as such Presiding Judge; and Mrs. M. O. Womack is hereby appointed second alternate judge to act as Presiding Judge of PrecinCt 2 in the event that both Mrs. J. O. Bier and Mrs. Bob Wayland are for any reason unable to serve as such Presiding Judge. The Presiding Judge of said precinct'may appoint such additional clerks as she may deem necessary to hold the election. SECTION 4: 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 (7) persons for each precinct and that the Presiding Judge (of each precinct) 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 (5) additional clerks (for the precinct of which she is Presiding Judge); as may be nec- essary for the proper conduct of this election. ~ . SECTION 5: The officers of the City of Plai~View to.'b.~ elected are as follows: Two Aldermen Ail terms of office shall be for two (2) years. SECTION 6: Said election shall be held under and in accordance with 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 open from 8:00 A.M. to 7:00 P.M., and all electors residing in said Precinct One shall vote at the polling place provided for Precinct'l, in Section 2 hereof and all electors residing in said Precinct Two shall vote at the polling place provided for Precinct'2, in S~ction 2 hereof. SECTION 7: Notice of said election shall be given by posting and by publication of a copy of this 0rdinance~ 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 days' previous notice of said election shall be givem by posting a copy of this Ordinance in three (3) public places in said City of Plainview, one of which notices shall be posted at each polling place designated in Section 2 hereof. SECTION 8: A copy of this Ordinance shall also be delivered to each of the three election officials Who have been designated to hold the election. PASSED AND APPROVED on this the /~ day of January, A. D. i973. ty of Plainview ATTEST: City of Plaint (Seal) Clerk iew AN APPROPRIATION ORDINANCE NO. 73-1309 ORDINANCE WHEREAS, the City Council"of the City of Plainview finds it is necessary t0 appropriate certain specific funds out of General Fund 418, Unappropriated ~und Balance, Acct. 611-603 & Utility Fund 419, Unappropriated Fund Balanc6m-d~t~n ~P~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 418, Unappropriated Fund Balance, Acct. 611-603 & Utility Fund 419, Unappropriated Fund fund, to-wit: Balance, Acct. 711-603 The sum $ 645.00 General 645.00 Utility For the following purpose: Payable to General Fund 603-543 and Utility Fund 7_0~543 For C.P.A. (Jimmy Holmes) Audit . -- WHEREAS, an emergency exists ~s 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. AND IT IS SO ORDERED Passed by the Council on this 5th ATTEST: day of. February ,I~ - 19,73 .. CITY SECRfETAR Verified cI Approved by: Division Director Department Accounting Department ORIGINAL 65 AN APPROPRIATION ORDINANCE NO. 73-1310 ORDINANCE WHEREAS, the City Council of the City of t}tainview finds it is necessary to appropriate certain specific funds out of the Revenue Sharing Fund, 'Acct. 427 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 "DF THE CITY OF PLAiNVIEW: There is hereby appropriated out of the following described Revenue Sharing Fund, Acct. 427 The sum $ 14,850.00 For the following purpose: fund, to-wit: Payable to Fabit Corporation Estimate No. 1 for Furnishing Refuse Collection Containers 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. AND 1T IS $O ORDERED Passed by the Council on this - '~-~ day of ATTEST: ',., \ \ Verified by ~-~_ CI Y MANAGER Approved by: ORIGINAL Division Director Department Accounting Department ~_~ ORDINANCE NO. 73- ~__~Jl AN ACT CP~ATING A HIGHER EDUCATION AUTHORITY FOR THE CITY OF PLAINVIEW, TEXAS, BY VIRTUE OF THE AUTHORITY OF AND SUBJECT TO THE TERMS AND PRO- VISIONS OF CHAPTER 53, VEP~NON'S ANNOTATED CIVIL STATUTES OF THE STATE OF TEXAS (ACTS 1969, 61ST LEG., Po 1734, CH. 571, SECTION 1 OF. THE STATE OF TEXAS); PROVIDING ~ APPOINTING THE FIRST DIRECTORS OF SAID AUTHORITY. WHEREAS, Chapter 53 of Vernon's Annotated Civil Statutes of the State of Texas, the same being Acts of 1969, 61st Texas Legislature, Page 1734, Chapter 571, Paragraph 1, provides for the creation of a higher education authority by the governing body of a.City when said governing body finds that it is to the best interest of the City and its inhabitants to create a higher education authority; and WHEREAS, said act provides that in the event of such finding the governing body of said City shall pass an ordinance creating the authority and designating a name by which it shall be known; and WHEREAS, the City Council of the City of Plainview finds that it is to the best interest to the City of Plainview and its in- habitants to create a higher education authority for the~Cit~ of Plainview, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Pursuant to the authority granted the governing bodies of cities and pursuant to the terms and provisions of Chapter 53 "Higher Education Authorities" Vernon's Annotated Civil Statutes (Acts 1969, 61st Texas ~egistature, Page 1734, Section I), there is hereby created for the City of Plainview a higher education authority. This higher education authority is hereby created subject to the terms and provisions of the Acts of the Texas Legislature hereinabove mentioned, and in creating said authority, this City Council of the City of Plainview is acting pursuant to the authority therein prowided, SECTION 2: The Board of Directors of the higher education authority hereby created shall consist of nine (9) members. The name':~ of said authority-is hereby designated as "Central Plains Higher Education Authority". -SECTION 3: The following persons are hereby appointed as the first directors of said authority: J. B. WHEELER J. C. Rt{ODERICK, JR. GLEN HARRISON DR. ROY McCLUNG DON MOUSER JACK MORRIS JOE WOOD LESTER W. J~S, SR. DR. LANDRIA SMITH, M.D. SECTION 4: The term of office of said directors shall begin as of the date of the passage of this ordinance and they shall serve until their successors are appointed as provided by Section 53.14, Chapter 53, HIGHER EDUCATIO~ AUTHORITIES, Vernon's Annotated Civil Statutes of the State of Texas. SECTION 5: Said Board of Directors shall be organized as provided by the terms and provisions of said ChapteC 53, Vernon's Annotated Civil Statutes and shall have all of the duties, respon- sibilities and powers as provided by said Chapter 53, Vernon's Annotated Civil Statutes, and any power, duty, responsibility as may be provided by amendment to said law as may be hereinafter duly made and provided for. PASSED this the 5th day of March, A. D. 1973. ATTEST: NOTICE OF PUBLIC HEARING fiN CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS, THAT: The City of Plainview, Texas proposes to institute annexa- tion proceedings to enlarge and extend the boundary limits of said city to include the following described territory, to-wit: Beginning at a point in the ]North line of the S.W. 1/4 of Section 38, Block JK-2, Hale County, Texas, and 1,305 feet West of the N.E. corner of said S.W. 1/4 of Section 38; THENCE South 462.7 feet along the West line of Unit 3, Thunderbird Addition, to a point; THENCE S 45© 00' E 152.5 feet to a point in the North line of Unit 4, Thunderbird Addition; THENCE S 45© 00' W at 110 feet pass a 2" pipe set in con- crete for a control monument, in all 300 feet along the North line of said Unit 4, Tlkunderbird Addition, to a point which bears N 45© 00' E 170 feet from a second 2" pipe set in concrete for a control monument; THENCE Northwesterly 346.7 feet along a curve to the left with a radius of 544.74 feet and a central angle of 36© 27.9' to a ~oint of tangency; THENCE N 81 27.9' W 223.9 feet to a point; THENCE North 596.0 feet to a point in the North line of the S.W. 1/4 of said Section 38; THENCE East 630 feet along said North line to the place of beginning and containing 9.92 acres of land, more or less. The proposed ordinance in the form in which it may fin- ally be passed is attached hereto as Exhibit "A". A public hearing will be held'by and before the City Coun- cil of the City of Plainview, Texas on the ~__ day of ~~ __, 1973 at ZZ~o'clockp .m. in the City Council Chamber of the City Hall of the City of Plainview, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be ?0 heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. By order of the City Council~ of the City of Plainview~ Texas this the 5th day of March _, 1973. ATTEST: / O~hln- -S-t o n~ ham, Mayor Published Every Afternoon~ arged Sunday Morning Edition · Plainv THE STATE OF TEXAS COUNTY OF HALE Eof the,$.w. % of 5~ction 38, BIo~k JK-2, [~Hale County, Texas, and 1,305 feet west [~of fha N.E. comer of said $ W 1/~ of !:SeOian 38; ' ' TH~CE South ~2.7 feet along th~ ~'W~st lin~ of Unit 3, Thunderbird Addi- --lion, tea ~oint; ]ENCE S ~ degrees ~, E 152.5 feet ~' O. ~o~ 12~0 ~ POint in the No~h line of Unit , Th~erbird Ad([ftion; S 45 ~' W'at 1i( ~es ~' E 1~ feet ~om in c~crefe for ' THENCE N0~hwesterly . ~6 7 f~f eng ~ ~e f~ he I ~ ...... _. t e~ ~ th ~. md'us ' degr~s 27.T t0 a ~0int of THENCE N 81 degr~ 27.9' W feet-fo u ~int; THENCE North 596.0'feet fo'a pOint in the Ndrfh line .of the S W 1/4 of said ~ -!------J :, THENCE East 63( f BEFORE ME, the unaersagneq.d.h ,ina to'the o,aee, /containing 9.92 acres of less. ... p ~.m. ~..~.. ~..,...o...~, .w..~.[ .d. ..................... , ~h~ proposed Ordnance in the form n '~!ch.i.t may flnaUy be pbssed is at-I mcnea hereto as Extbt "A", , A Public h~r[~lg ~Jtl be .held by and ~efore~ fha City Council Of th~ City of P]ainview, T&xas on the l~h day of the PlaY.view DaH~ Herald, a .._., . · .. ..~. ~. ~ March 1973 at 7'30 o c ack Cffy Council Cham~r of the City ~alt of the City of Pre,inview, Texas, for all .persons interested ~n the a~ Pro. _Do~ -en~xation.. At said .time and ~le CO~, ~e~a~, ~bo ~a~e~ o~ p ~ce all such ~rsons shall have the lished in said newspaper on each of the following dates, to-wit: ............................ March 8 ................. i; ..................... ~ ..... :i .......... ' ....... ~ ........... ~; ......... ............ A. D. 19f.3. .... ..... .~.,:.~.~ .~./.~., ........... d~; ~-"- usine Manager J (Title) Fee:S32.76 par issue SUBSCRIBED AND SWORN TO BEFORE ME this .... .3. .......... day of M.a..r. ~.h. ........ A.D., 19..7.'.3 ....... Notai-y Public, Hale Courity, Texas ~/ The Best Investment For Your Advertising Dollar ORDINANCE NO~. 73-1312 AN ORDINANCE SETTING A DATE,. TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF PLAINVIEW, TEXAS~ AUTHORIZING AM) DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COIiNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1. On the 19th day of ~Ma~rc_h .... , 1973 at 7:30 o'clock p .m. in the City Council Chamber of the City Hall of the City of PlainvieW, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Plainview, Texas of the following described property, to-wit: Beginning at a point in the North line of the S.Wo 1/4 of Section 38, Block JK-2, Hale County, Texas, and 1,305 feet West of the N.E. corner of said S.Wo 1/4 of Section 38; THENCE South 462.7 feet along the West line of Unit 3, Thunderbird Addition, to a point; THENCE S 45© 00' E 152.5 feet to a point in the North line of Unit 4, Thunderbird Addition; THENCE S 45© 00' W at 110 feet pass a 2" pipe set in con- crete for a control monument, in all 300 feet along the North line of said Unit 4, Thunderbird Addition, to a.point which bears N 45° 00' E 170 feet from a second 2" pipe set in con- crete for a control monument; THENCE Northwesterly 346°7 feet along a curve to the left with a radius of 544.74 feet and a central angle of 36° 27.9' to a point of tansency; THENCE N 81© 27.9' W 223.9 feet to a point; THgNCE North 596°0 feet to a point in the North line of the S.W. 1/4 of said Section 38; THENCE East 630 feet along said North line to the place of beginning and containing 9.92 acres of land, more or less. Section 2. The Mayor of the City of Plainview is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the city and in the above described territory not more than twenty days nor less than ten days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Chapter 160, Acts of the 58th Legislature, Regular Session, 1963; compiled as 970a, Vernon's Texas Civil Statutes). Section 3. The importance of this ordinance creates an emergency and an imperative public necessity that the rule re- quiring ordinances to be read at three several meetings be sus- pended, and this rule is hereby suspended, and the ordinance shall take effect amd be in force from and after its adoption. PASSED AND APPROVED this the 5th day of March 1973. ATTEST: ORDINANCE NO. 73-1313 ~N ORDINANCE GRANTING TO ROBERT EARL JACKSON A FRA~MCHISE TO OPERATE TAXICABS IN THE CITY OF PLA!NVIEW~ SUBJECT TO THE TERMS AND PROVISIONS OF ARTICLE IV, CHAPTER 15, OF THE CITY CODE OF 1957: WHEREAS, the application provides that he will operate the taxicab business heretofore operated by a franchise issued to Jimmie L. Douglas, now therefore: BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: That a franchise to operate taxis in the City of Plainview be issued to Robert Earl Jackson pursuant to his said application. Section 2: That the franchise heretofore issued to Jimmie L. Douglas is (pursuant to her application to the City Council) hereby cancelled for the purpose of having a new franchise issued to Robert Earl Jackson, he having purchased the taxicab business heretofore operated by her. The Director of Public Safety shall determine the number of taxis in his opinion that should be operated by the taxicab business. The Clerk is hereby authorized and directed to issue a franchise to Robert'Earl Jackson, subject to the terms and provisions of said Article IV, Chapter 15, of the City Code of the City of Plainview of 1957. Section 3: The cancellation of the franhhise heretofore held by Jimmie L. Douglas shall be contemporaneous with the issuance of the new franchise to Robert Earl Jackson in order that there will be no interruption in taxicab service to the City of Plainview. PASSED AND ADOPTED, this the 5th day of March , 1973. ATTEST: M. L. REA, City Clerk STATE OF TEXAS COUNTY OF HALE KNOW ALL MEN BY THESE PRESENTS: By virtue of Article IV, Sections 31 and 32 of the City Code of the City of Plainview, Texas, duly enacted by the City Council.of the City of Plainview, a Franchise to operate Taxicabs over and on the streets and alleys within the City of Plainview, Texas, is hereby granted to Robert Earl Jackson of Plainview, Texas, doing business as Yellow Cab Company, Plainview, Texas. The terms and conditions of this Franchise are as follows: (1) The Franchise is granted subject to the terms, conditions, and provisions of the Plainview City Code set out in Article IV, Sections 31 and 32, defining Taxicabs and operations of such Taxicabs. (z) (3) The term of this Franchise shall be for a period of five (5) years beginning as of the date of the Franchise. With this Franchise, the Holder, Robert Earl Jackson, is granted license to operate four (4) cabs known as YELLOW CAB COMPAzNY, PLAINVIEW, TEXAS. Issued this the 5th day of March, 1973'. ATTEST: M. L. REA, City Clerk AN APPROPRIATION ORDINANCE NO. 73-1314. ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund, Acct. 427 funds for an approved project, and this ord{nance deals with the daily operation o£ City departments in the public interest which creates an.emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY. OF PLAINVlEW: There is hereby appropriated out of the following described Revenue Sharing Fund, Acct. 427 fund, to-wit: The sum $ 709.80 Forthe following purpose: Payable to Cliff's Signs Inc. ~ 12 Community Improvement Project Signs to attach & 12 Department panels 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; End 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 ~ Apri 1 ,X~g)6X .1973 _ YOR ATTEST: Verified by: ~ CIT'/ MANAGER Approved by: Divis ion Director Department Accounting Department ORIGINAL ORDINANCE NO. 73-1315 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Piainview finds it is necessary to appropriate certain specific funds out of Unappropriated Surplus Fund, Acct. 6tl 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 PLAiNVlEW: There is hereby appropriated out of the following described Unappropriated Surplus Fund, Acct. 611 The sum $ 1,083.00 For the following purpose: ' fund, to-wit: Payable to 608-012- Firemen Educational cost for basic certification 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 p~oposed 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_ AND IT IS SO ORDERED 19th day o£ March 1973 ATTEST: CITY SECRETARY Approved by: ~, Divis ion Director Verified AGER Department Accounting Department ORIGINAL NO. 73-131& · Published Every Afternoon Except Sat~urday With Pla in v iew Daily PUBLISI{ED BY AJLLISON CONIi~C~TIONS, Plainview, Tezas 79072 THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day person: James B. Oswald nusxness Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas, who stated on oath that the attached instrumd lished in said newspaper on each of the following dates, to-wit: ........ ........... ~.e..b...2..5. ,....t ?.7..3. ............................................................... A (Title) Fee: $39.24 per issue creating of Ordinanc~ 794 as duly than fiffeen da~e of the City C~uncil and the to said notice Council interest due and the Zoning Ordinance; IT ORDAINED INCIL OF THE Ordinance No, Zoning amended os NO. 233 Block l, located ~' 900 24th Hale County, C-2 Zonin of this Ordinance March SUBSCRIBED AND SWORN TO BEFORE ME this A.D., 19...T?. ....... .......... The Best Investment For Your Advertising Dollar ORDINANCE NO. 73-1316 AN ORDINANCE ~ENDING ZONING ORDINBxNCE NO. 794 AND THE 'OFFICIAL MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES, AND CREATING AN EMERGENCY ZONE CASE NO. 233: Request of Hollis Sweatt for rezoning of Lots 1-2-3-4-5, Block 1, Shepard Couch Subdivision, lOcated at 900 thru 908 West 24th, CITY OF PLAINVIEW, HALE COUNTY, TEXAS FROM R-2 TO'i¼ _-~i~ --~Z~ONINC DISTRICT. WHEREAS, the proposed change in Zoning Districts as hereinafter made has been duly pre- sented to the Planning & Zoning Commission for its recommendation which was received by the City Council, and after due consideration the City Council'of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in com- pliance with Section 18 of Ordinance 794 as well als notices provided by Article iOllF Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior' to the date of the Public Hearing before the City Council of such proposed amendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City Hall, Plai.~view, Texas, at which time persons appeared in support of the proposal; and gfter, said ° hearing, it was by the City Council, determined that it would be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE' CITY OF PLAINVIEW: SECTION 1o That Ordinance No. 794 and the Official Zoning Map' be and the same are hereby amended as follows, to-wit: ZONE CASE NO. 233 Change Lots 1-2-3-4-5, Block 1, Shepard Couch Subdivision, located at 900 thru 908 West 24th City of Plainview, Hale County, Texas, from an R-2 to a C-2 Zonimg.~Districto From the date of this Ordinance said Lot, tract, and parcel of land~des~ribed~shall be and hereby be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. WHEREAS, an emergency exists as shown in preamble to this Ordinance, theanactment of this Ordinance is declared to be an .emergency measure creating a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate' Council meetings be dispensed with; and this Ordinance shall be effectiv~ from the date of its passage. Unanimously passed by the City Council this ATTEST: Ci ' , surer 19th day of March 19 73 ORDINANCE NO o 73-.1317 AN ORDINANCE AMENDING ZONING ORDINANCE NO. '794 AND THE 'OFFICIAL MAP OF THE CITY OF PLAINVIEW SO A3 TO MAKE THE FOLLOWING CHANGES, AND CREATING AN EMERGENCY = r rezOn.'.mVtg of Lot 1, Block' ZONE CASE NO. 234: Request' of Mrs-. Clarence Snlder ho. 2, Rowe~Goode Addition, located~at 1115 qU',mV~cy. CITY OF PLAINVIEW, HALE COUNTY TEXAS FROM R-1 TO ~':L_C~-~!A~..''~-ZONING DISTRICT. ~EREAS, the proposed change in Zoning Districts as hereinafter made has been duly pre- sented to the Planning & Zoning Commission for its recommendation which was received by the City Council, and after due consideration the City Council of the City of Plainview finds that for the orderly g-rowth of 'the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in com- pliance with Section 18 of Ordinance 794 as well as notices provided by Article 1011F Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of such proposed amendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City Hall, Plai~view, Texas, at which time persons appeared in support of the proposal; andafter~said hearing, it was by the City Council, deterntined that it would be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance No. 794 and the Official Zoning Map' be and the same are hereby amended as follows, to-wit: ZONE CASE NO. 234 Change Lot 1, Block 2/Rowe-Goode Addition, located at ~115 Quinc? City of Plainview, Hale County, Texas, from an R-1 to a C--1 . Zonings. District. From the date of this-Ordinance said Lot, tract, and parcel of land_described~shall be and hereby be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. WHEREAS, an emergency exists as shown in preamble to this Ordir~ance, th~ enactment o.f this Ordinance is declared to be an emergency measure creating a public r~ecessity that the rule requiring proposed Ordinance to'be presented at two (2)[separate Council meetings be dispensed with; and this Ordinance .shall be effective from~the dateof its passage. Unanimously passed by the City Council this City Secretary- r 19th day of March ' ,19 7~3 .. 79 ORDINANCE NO. 73-1318 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of General Fund Unappropriated Surplus Account 611 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 Unappropriated Surplus Account 611 fund, to-wit: The sum $ . 1,500.00 For the followingpurpose: Payable to 650-504 (L±brary Consulting Services) For eraployment of a consultant for the Unger Memorial Library as recommended by the Unger Memorial Library Advisory Committee 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 8 public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shal[ be effective from the date of its passage. Passed by the Council on this 19th AND IT IS SO ORDERED ATTEST: day of March , i~iK, 1973 Approved by: ORIGINAL Verified by.~ CIT' Division Director Department Accounting Department AN APPROPRIATION ORDINANCE NO. 73-1319 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427 fund, to-wib The sum $ 440.00 For the following purpose: Payable to Kenneth Bond Remove structure and debris and clean lot at 306 Henry (Lots 1-2-3-4- Block 2, Wye Addition 1) WHEREAS, an emergency exists as shown in the preamble to this o~dinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity that the rule requirin'g · 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 $0 ORDERED Passed by the Council on this 19th ATTEST: March -XI~- 1973 day of CITE MANAGER Approved by: Division Director ORIGINAL Department Account Lng Department AN APPROPRIATION ORDINANCE NO. 73-1320 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with ~he 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, Revenue Sharing Account 427 fund, to-wit: The sum S 380.00 For the following purpose: Payable to John Thrasher Remove debris and clear lot at 711 Elm (Lot 3, Block 62, Original Town) WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- n'ance 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; knd this ordinance shall be effective from the date of its passage. AND IT iS SO ORDERED Passed by the Council on this 19th ATTEST: CITY SECRETARY Approved by: Divis ion Director day of_ March , ~K, 1973 / - / Department Accounting Department ORIGINAL 82 ORDINANCE NO. 73-1321 AN APPROPRIATION ORDINANCE the City Council of the City of Plainview finds' it is necessary to appropriate certain specific WHEREAS; funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427 fund, to-wit: The sum $ 145.00 For the following purpose: PaYable to John Thrasher Remove debris and clear lot at 105 East Campbell (Lot 10, Block 10, Wye Addition) 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 requi~ing ' 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_ 19th ATTEST:. CITY SECRETARY AND IT iS SO ORDERED day of March ,Xi.,~F~_ 1973 / Verified CITY h AGER Approved by: Divis ion Director Department Accounting Department ORIGINAL. 83¸ AN APPROPRIATION ORDINANCE NO. 73-1322 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved[ project, and this ordinance de~ls With the daily operation of City departments in the public interest ~vhich creates an emergency: NOW, T_HEREJ=OJ~Ef BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAJNVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ '75.00 For the following purpose: fund, to-wit: Payable to John Thrasher Remove debris and clear lot at 1508 Beech (South 65 ft. of Lot D, Block 7, Depot Addition) 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; §nd this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 19th ATTEST: CITY SECRETA~i~Y Approved by: Divis ion Director Verified b Ci~¥ MANAGER Department Account lng Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1323 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific fundS out of Revenue Sharing Account: 427 funds for an approved project,' and this ordinance deals with the daily operation of City departments in the public interest whicl~ 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 Revenue Sharing Accoun~ 427 fund, -to-wit: The sum $ 2,96'7.31 For the following purpose: Payable to Jack Morris Ford, Inc. Pickup for Sanitation Department WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nonce 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; ~nd this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this ATTEST~ 2nd CITY SECRETARY .. day of April ,ll~tX 1973 Verified 'by: ~ f~.~' CIT' f M~NAGER Approved by: Division Director Department ORIGINAL Accounting Department · ORDINANCE NO. 73-1324 r~N ORDN^NC~ ~ Published Every Afternoon Ezcept Sat;:THE EXTENSiON,~ ~ ' oFROVID[NGcERTAFOR~ i~:~?~,~PSW L~,Ts o~ ~ c~T~ o~ ~ Morning Edition [;Lk~..~wcvv, TE~, ANU THE ;~:~ATION OF CERTAIN TERR TORY ~.~CON~ST NG OF 9 92 ACRES OF ~LAND WHICH SAiD TEREI ,, ~'ADJ ...... : , TORY LIES ~ ~mm/ 40 AND ADJQINS THE L] 'PRESENT BOUNDARY' ~ LIMIT OF ~HE CITY OF PLAINVIEw, TEXAS. J[~he City Councl of t~'Cffy of Pen- · l~ew Texos where o l'f ~ons were ~rovided WHh on 'fo ~ h~rd on ~he oro~osed fo the follow~ng described ~errifory: Beginning el ~ poinl in .ihe North line ~U~LIS~ED BY A" of the S.W. % of 5ed~on 3S, BJeck JK-2, H~ge Coun~, Texos, and L305 ~1 BRO~AY ~ ~ feet West of the N.E. corner of se~d 5.W. % of SecHon 38; THENCE South ~2.7 feet ogon~ ~D~. West line o~ Un~ 3, Thunderbird ditlon, to a point; THENCE S 45 degF~s O0~ E 152.5 feet to a point in the No~h line of Unit 4, Thunderbird Addition; THENCE S 45 degrees OO' W at 110 feet ~ss ~ 2" Pipe set in Concrete; for a control monument, in ail 30~ j THE STATE OF TEXAS ) ,~., .,o.~ ,.~ ~o.. ,~.~ o,.~o. 4 Thunderbird Add fion, to a point~ . which b~rs N 45 degr~s OO' E ~70~ r feet from o second 2" pi~e set in con- j crete for ~ coR~roJ ~ORU~eR~ COUNTY OF HALE ) ~.~.~ .o.~,~,~ ~., ,~, ~ o~ a curve to the Jeff with a radius ~f' 5~.74 f~t and o central engJe of ~ degrees 27,9' fo a ~oint of tangent; THENCE N ~t deer,s 27.9' W . feet fo a point; THENCE NOrth 5~6.0 feet to ~ -i, fha. No~h ne of the S.W. so d S~fion .38; THENCE East ~0 feet BEFORE ME, the undersigned authority, ~'~ ~'~ ,o ~,~ ~ end ~nta nine 9.~2 acres of more or tess. James B. Oswald o~ of the Plainview Daily Herald, a newspaper Hale County, Texas, who stated on oat~ that WHEREAS, the total carporate area · J0f the City of Plainview Texas on the lished in said newspaper on each of the follown/~,~day of ~anuory, ~m ~as ~.~ acres; A ~¢ '-'''L''~HEREAS; the popu arian of the City pr&l 'SI ¢~ ,Ploinv~w, Texas, is 19,096 nhebi- ~ ~ I'WHEREAS, the ~bove descri~ fer-' ~ ~~~ -- '~ ~ ~ - ' / ~ U S1. i,..i~, ~. ~' ~, ,,ie~ ~withinfhe the exfrot~ritoria,of WHE, REAS, the terrto~ above d~ scaled lies adjacent to and adjo ns the City ~a~-- Piainview, Texas; and WHEREAS~ '~he fe~rito~ above, d~ F e e: $ 6 9.8 4 p e r i s s u e ,~n~ contains e.~ annex~ion of of ,Plainview, has keen filed with now ~ IT ORDA NED BY SUBSCRIBED AND SWORN TO ~v¢o~'e,~ IEW, TEXAS: &p.,3.g ....... A.D., 19.73 ......... THE CiTY Of PLAIN- Sec!flm~ I. The following describedI land and ,territory lying adiacent to and 'adJoil~ng the City of Plainview, Texas, :is-/he~.eb¥ added dnd annexed to the City~ Ptoinv aw, Texas, and said ritzy :, herejn~fer ~scr b~ shall ~ here- aH~ 5e inC~ud~ With n the bounda~ I mits ~f ~ CRy: ~ Pla nv ewr T~xos~ and-~}he Pr~ent boun~, limits 0f such :c~ty, at fha various '~ nts con- ~ ~.~ '~a~;et~ed a~nd amended so as to ,fi~uous to the area hereinafter described; ~ ..... ".clu~e sad ar~ wifhih ~e comorote--~'~ 'limits 0f the City of Plainview, T~as, B~J~dn~ng at a:~o]nt n the No~h ina 0~ ~;~e S,~. V4 of Sad on 38, B ~k J K~,~ H~le County Texasand f _~: , . 1,305 THENCE South ~62.7 fe~ a/ong The Best Investment For Your Advertising Dollar ORDINANCE NO. 73 --/.~ ~ ~ AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 9.92 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARy LIMIT OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a public hearing before the City Council of the City of Plainview, Texas, where all interested persons were pro- vided with an opportunity-to be heard on the proposed annexation of the following described territory: Beginning at a point in the North line of the S.W. 1/4 of Section 38, Block JK-2, Hale County, Texas, and 1,305 feet West of the N.E. corner' of said S.W. 1/4 of Section 38; THENCE South 462.7 feet along the West line of Unit 3, Thunderbird Addition, to a point; THENCE S 45° 00' E 152.5 feet to a point in the North line of Unit 4, Thunderbird Addition; THENCE S 45© 00' W at 110 feet pass a 2" pipe set in con- crete for a control monument, in all 300 feet along the North line of said Unit 4, Thunderbird Addition; to a point which bears N 45° 00' E 170 feet from a second 2" pipe set in concrete for a control monument; THENCE Northwesterly 346.7 feet along a curve to the left with a radius of 544.74 feet and a central angle of 36° 27.9' to a point of tangency; THENCE N 81~ 27.9' W 223.9 feet to a point; THENCE North 596.0 feet to a point in the North-line of the S.W. 1/4 of said Section 38; THENCE East 630 feet along said North line to the place of Beginning and containing 9.92 acres of land, more or less. was held at 7~· o'clock p.m. on 'the d of , 1973, which date is not more than twenty nor less than ten days prior to the institution of annexation proceedings; and 'WHEREAS, notice of such public hearing was published in a newspaper having general, circulation in the City of P~.~nview, Texas, and in the above described territory on the ~/l~day of ~J~'~~ _, 1973, which date is not more than twenty nor less than ten days prior to the date of such public hearing; amd ~-: WHF_;RE~S, the total corporate area of the City of Plainview,~ .} Texas on the 1st day ~of January, 1973 was 9. ~ ~ acres; and WHEREAS, the population of the City of Plainview, Texas, is 19,096 inhabitants, and WHEREAS, the above described territory lies within 'the extraterritorial jurisdiction of the City of Plainview, Texas; and WHEREAS, the territory above described lies adjacent to and adjoins the City of Plainview, Texas; amd and WHEREAS, the territory above described contains 9.92 acres-;~ WHEREAS, a petition has been signed by the owner of all of the land in the above described territory requesting the annex- ation of such territory by the City of Plainview, Texas and such petition has been filed with the City Council; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~ TEXAS: Section 1. The following described land and territory lying adjacent to and adjoining the City of Plainview, Texas, is hereby added and annexed to the City of Plainview, Texas, amd said territory'hereinafter.described shall hereafter be included-~ within the boundary limits of the City of Plainview, Texas, and the present boundary limits of such city, at the various points contiguous to the area hereinafter described, are altered and amended so as to 'include said area within the corporate limits of the City of Plainview, Texas, to-wit: Beginning at a point in the North line of the S.W. 1/4 of Section 38, Block JK-2, Hale County, Texas, and 1,305 feet West of the N.E. corner of said S.W. 1/4 of Section 38; THENCE South 462.7 feet along the West line of Unit'3, Thunderbird Addition, to a point; THENCE S 45° 00' E 152.5 feet to a point in the North line of Unit g6 Thunderbird Addition; THENCE S 45 © ' W at 110 feet pass a 2" pipe set in con- crete for a control monument, in all 300 feet along the North line of said Unit 4, Thunderbird Addition, to a point which bears N 45° 00' E 170 feet from a second 2" pipe set in concrete for a control monument; THENCE Northwesterly 346.7 feet along a curve to the left with a radius of 544.74 feet and a central angle of 36° 27.9' to a point of tangency; THENCE N 81~ 27.9' W 223.9 feet to a point; THENCE North 596.0 feet to a point in the North line of the S.W. 1/4 of said Section 38; THENCE East 630 feet along said North line to the place of beginning and containing 9.92 acres of land, more or less. Section 2. The above described territory and the area so annexed shall be a part of the City of Plainview, Texas, and the property so added hereby shall bear its pro rata part of the' taxes levied by the City of Plainview, Texas, and the inhabitants thereof shall be~entit~ed~to.~all of the rights and Privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Plainview, Texas. -Section 3. This ordinance shall be published and passed in the manner provided in ~~ ~. of the Charter of the City of Plainview, Texas. PASSED AND APPROVED this the ay of ! 1973. ATTEST: L. Rea, City Clerk ~~ ~oneham, Mayor ORDINANCE NO. 73-1325 AN ORDINANCE PROVIDING FOR A UNIFORM MONTHLY SERVICE CHARGE FOR THE COLLECTION OF GARBAGE AND FOR FURNISHING WATER ON SINGLE FAMILY DWELLINGS TO RESIDENTS OF THE CITY OF PLAINVIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: ~.ECTION 1: In lieu of the monthly charges paid for service and disposal service, collection of garbage and for the consumption of water as fixed by Ordinance No. 72-1276, Ordinance No. 72-1277, and Ordinance No. 72-1236, the City shall offer to those residents of the City of Plainview using all three services on single family dwellings- the same service for a monthly charge of ,~13.78 payable on or before the 20th day after the monthly statement is mailed by the City of Plainview for such amount. SECTION 2: Provided, however, that notwithstanding the prOVisions of Section 1, after such customer so electing to pay said $13.78 per month for said services has used the amount of 200,000 gallons of water in any one twelve (12) month period of time beginning as of the first meter reading after he has elected to accept such level billing monthly rate for such service, the said consumer s~hall pay and shall be charged for any and all water over and above 200,000 gallons, per twelve (12) month period as aforesaid, the amount of Thirty Five Cents ($00~35) per 1,000 gallons actually used or consumed an.d the additional amount so calculated shall be added to his statement and for which he shall be billed and for which he shall pay at such rate beginning the month following the use of water in excess of 20~0,000 gallons during said twelve (12) month period. SECTION 3: Refunds for termination of service shall be pro rated on a mont]hly basis of unused services based on the method of establishing the annual level billing cost. SECTION 4: Nothing herein shall be construed as repealing a~y of the terms and provisions of Ordinances Nos. 72-1276, 72-1277, or 72-1236. And all of the terms and provisions of said ordinahces shall remain in full forced.and effect~ithout~alteration, except thatresidents 9O of the City of Plainview desiring to avail themselves of the monthly level billing as above provided for the services and consumption of water as above provided shall have the option of so doing. PASSED AND APPROVED, This ~ day of , A.-~D. 1973. ATTEST: ! J~SI~N D. STONEItAM, May AN APPROPRIATION ORDINANCE NO. 73-1326 ORDINANCE ~WHEREAS, the City Council of the Ci. ty of Plainview finds it is necessary to appropriate certain specifi? fund~"g~t of Pro Rata Construction Account 434 funds for an approved project, and this ordinance deals with the daily op~Ff~6n of'Ci'ty 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 Pro Rata Construction Account 434 The sum $ 19,047.24 fund, to-w~t: Forthefollowingpurpose: Payable to Novak COnstruction Co. Construction Estimate No. 7' Water & Sewer Extensions contract of July 20, Additional work 1971 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. AND IT IS SO ORDERED Passed by the Council on this 2nd ATTEST: CITY SECRETA,I~ day of April ,~ t973 ~ eif i :__ __ CI~ Y MANAGER Approved by: Divis ion Director Department Accounting Department ORIGINAL 92 PL4 "'~} ORDINANC E NO. · ~ ~ 73-1327 J ¢"' AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City. of Plainview finds it is necessary to appropriate certain specific funds outof Running Water Draw Park Account 407 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 Running Water Draw Park Account 407 The sum $ 944.9-2 For the following purpose: Payable to Artway Tree Service, Trees used in the parks fund, to-wit: 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. AND IT IS SO ORDERED Passed by the Council on this 16th ATTEST: CITY ~ECRETARY day of / Apri 1 , ~(~,X 1973 Verified ~a -.~ ~Y ':sAGER-- Approved by: Divis ion Director Department ORIGINAL Accounting Department Published Every Afternoon Except Saturday With Enlarged Pla in v iew Daily PUBLISHED BY ALLISON COMMLrNICATIONS, 801 BROADWAY -- lmI-IONE CApitol 4-4343 -- P.O. Plainview,, Texas 7Y072 THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day Ja~es~ §,, Oswald Business Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation Hale County, Texas, who stated on oath that the attached lished in said newspaper on each of the following dates, to-wit: ...... ......... .A.p.ril..23 .......................................... (Title) $39.96 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ....9. g.~ NotaPy Public, Hale CotmBr, Texas The Best Investment For Your Advertising Dollar AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7'94 AND THE OFFICIAL ~IAP OF THE CITY OF PLAINVIE~q SO AS 'TO MAKE THE FOLLOWING CH~qGES, AND CREATING AN ~MERGENCY ZONE CASE NO. 235: Request of Tex Lee Edward for rezoning of Lots 2-3-4, Block 53, College Hill Addition, located at S07 Travis CITY OF PLAINVIBq, HALE COUNTY, TEXAS FROM DISTRICT. C-1 to a C-2 ZONING ~IEREAS, the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning & Zoning Commission fox its recommendation which was received by the City Co~mcil, and after due consideration the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest ~hich creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as well as notices pro- vided by Article 1011F Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before ihe City Council of such pro- posed amendment, and the Public Hearing according to said notice was duly held in'the City Council Room of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council, determined that it would be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE. IT ORDAINED ]BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance No. 794 and the Official ZoningMap be and the same are hereby amended as follows, to-wit: ' 'ZONE~'CASE 'NO.' 23S: Change Lots 2-3-4, Block 53, College Hill Addition, located at 507 Travis City of Plainview, Hale County, Texas, from an ~-1 to a 'C-2 Zoning District. From the date of 'this Ordinance said-Lot, tr------act, and pa~cT1 of land described shall be and hereby b~ Changed to the Zoning District indicated and the Official Map is amended in accordance herewith. WHEREAS, an emerg.ency exists as shown in the preamble to this Ordinance., the enactment of this Ordinance is declared to be an emergency measure creating a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effective from the date of its passage. Unanimously passed by the City Council this ATTEST: 16th__day of . April , 19 73. ORDINANCE NO. 73-1330 AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A HOTEL AND MOTEL OCCUPANCY TAX' OF TWO (2%) PERCENT OF THE CONSIDERATION OF THE COST OF OCCUPANCY OF ANY ROOM OR SPACE IN ANY HOTEL OR MOTEL WITH CERTAIN EXCEPTIONS; DEFINING TERMS; PR~0VIDING FOR THE MANNER AND METHOD OF COLLECTION; REQUIRING REPORTS; AUTHORIZING THE TAX COLLECT- OR TO MAKE RULES AND REGULATIONS; DESCRIBING VIOLATIONS; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIiL OF THE CITY OF PLAINVIEW: SECTION 1: Lev~ of Tax; rate; exceptions. (A) There is hereby levied a tax upon the occupancy of any roem or space furnished by any hotel or motel where such cost of occupancy is at the rate of two dollars or more ]per day; such tax to be equal to two percent (2%) of the consideration ]paid by the occupant of such room or space to such hotel or motel. (B) No tax shall be imposed hereunder upon a permanent resident. SECTION 2: Definitions. The following words, terms and phrases as applicable to the con- struction of this ordinance and as used herein are hereby defined as follows: (A) "Hotel" shall mean any building or buildings in which the public may, for a consideration, obtain sleeping accomodations. The term shall include hotels, motels, tourist homes, houses, or courts, lodging houses, inns, rooming houses, cdr other buildings where rooms are furnished for a consideration, but "hotel"· shall_~ not be defined so as to include hospitals, sanitariums, or nursing homes. (B) "Consideration'i shall mean the cost of the room in such ~.~otel only, if the room is one ordinarily used for sleeping, and-Shall not include the cost of any food served or personal-services rendered to the occupant of such room not related to the .cleaning and readying of such room for occupancy. (C) "Occupancy" shall mean the use or po ssess~on,-or the right to the use or possession, of any room in a hotel if the room is one ordinarily used for sleeping and if the occupant's use, possession,~ or right to use or possession extends for a period of less than thirty (30) days. (D) "Occupant" shall mean anyone, who, for a consideration uses, possesses, or has a right to use or possess any room in a hotel if the room is one ordinarily used fOr sleeping. (E) "Persons" shall mean any individual, company, corporation or association owning, operating, managing or controlling any hotel. (F) "Assessor and Collector" or the term "Tax Assessor and Collect- or'' shall mean the Tax Assessor and Collector of the City of Plainview, Texas. (G) "Permanent Resident" shall mean any occupant who has or shall have the right to occupancy of any room or rooms in a hotel 953 for at least thirty (30) consecutive days during the current calendar year or preceding year. (G) "Quarterly Period" shall mean regular quarterly period cor- responding to that period which tax reports are filed with the State Comptroller. SECTION 3: PUrpose. (A) The revenue derived'from the occupancy tax hereby levied by this ordinance, may be used only for those purposes as provided in Sec- tion 3c of Article 1269j-4.1, Vernon's Annotated Civil Code of the State of Texas. (B) Provided, however, that a portion of said tax revenue equal to at least one-half (1/2) of one percent (1%) of the cost of occupancy shall be used for the purpose of advertising and conducting solicitation programs to acquaint potential users With public: meeting and convention facilities of the City of Plainview, and for promotion of ~ourism to. the City of Plainview, and advertising the City of Plainview and its vicinity, as provided in Section 3c (3) (b) of Sai~d Article 1269j-4.1, Vernon's Annotated Civil Code of the State of Texas, above 'referred to. The money used for this purpose may be expended either by the City for said purpose or through contract with persons or organizations as may be hereinafter selected by the City Council. SECTION 4: Collection. Every person owning, operating, managing or controlling any hotel shall collect the tax imposed in Section 1,hereof for the City of Plainview. SECTION 5: Reports. On or before the last day of the month following each quarter, every person required in Section 4,. hereof-to'colLect the tax imposed herein shall file a report with the Tax Assessor-Collector showing the considera- tion paid for all room or sleeping space occupancies in the preceding quarter, the amount of tax collected on such occupancies, and any..other information as the Tax Assessor-Collector may reasonably require. Such persoD shall pay tO..tRe Tax Assessor-Collector the tax due on such occupancies at the time of filing such report. SECTION 6: The Tax Assessor and Collector'shal~t adopt such pro- cedures, rules and regulations as are reasonably necessary to effective- ly collect the tax levied herein, and shall,.upon request of any person owning, operating, managing or controlling any hotel, furnish a copy of such procedures, rules and regulations for the guidance of such person and facilitate the collection of such tax as such collection is required herein. Su~h~procedures, rules and regulationsshall:be in writing and a copy thereof shall be placed on file with the City Secretary. The Tax Assessor and Collector shall be permitted to have access to books and records during reasonable business hours as shall be necessary to enable the Tax Assessor and Collector to. determine the correctness of the amount due under the provisions of this ordinance, or to determine whether or not a report should have been filed and the amount, if necessary, of taxes due. SECTION 7: Agencyfor Administration of. Tax. The City of Plainview may enter into a contract with an agency out- side of the City Government to administer the funds made available under this ordinance and to carry out the purpose of this ordinance, provided 'however, that an amount of said tax, equal to at least of one-half (1/2) of one percent (1%) of the cost of occupancy shall be used as provided in Section 3 (B), above. SECTION 8: Penalties. If any person shall fail to eollect the' tax imposed herein,- or shall fail to file a report as required herein, or shall fail to pay to the assessor and collector the tax, as imposed herein, when said report or payment is due, or shall file a false report, then such person shall be deemed guilty of a misdemeanor and upon conviction shall~be punished by a fine not to exceed Two Hundred Dollars ($200.00). In addition, such person who fails to remit the tax or violates the' reporting provisions imposed by this ordinance within the t:hne required shall forfeit an additional five (5%) percent of such tax; provided, however, that the penalty shall never be less than One Dollar ($1.00). Delinquent taxes shall draw interest at the rate of six percent (6%) per annum beginning sixty (60) days from the date due. SECTION 9 :Effective Date. This ordinance shall become effective on the %st day of July , A. D. 1973. SECTION 10: Severability Provision. -~ If any section, clause, paragraph, or provision of this ordinance shall be held unconstitutional or void, then the. invalidity of such section, clause, paragraph or provision shall not affect the other provisions of this ordinance, and the same shall remain in full force and effect. PASS~ AND ADOPTED BY THE ~CITY COUNCIL OF THE CITY OF PLAINVIEW on this the 16th day of April, A. D. 1973. ~~, ST~5~EHAM, ~tYO~ ATTEST: M L REA, ~ITY CLERK 97~ AN APPROPRIATION ORDINANCE NO. 73-1331 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific' funds out of Revenue Sharing Account 427 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 PLAINVlEW: There is hereby appropriated out of the following described Revenue Sharing Acc6unt 427 fund, to-wit: 'rhe sum $ 1 75.00 For the following purpose: Payable to John Thrasher Remove debris and clean lot at 801 Blk 1. Original Town) Date (Lots 7 & 8, 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 p~oposed 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 16th ATTEST: CITY SECRETARY day of Apri 1 , ;~( 1973 Verified CIT~'~MAN AGE R Approved by: Division Director Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1332 ORDINANCE -q WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specifiq funds out of Revenue Sharing Account 427 -.-_ '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 Revenue Sharing Account 427 The sum $ 125 o 00 For the foltowingpurpose: Payable to d0hn Thrasher RemoVe debris and clean lot at 207-West 9th (East 1/2 of Lots 15 & 16, Block 42, Original fund, to-wit: TOwn) 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 ordi.nance shall be effective from the date of its passage. Passed by the Council on this AND tT iS SO ORDERED 16th day of April 1973 ATTEST: - - CITY SECRETARY A~proved by: Verified Division Director Department Accounting Department ORIGINAL I00 ., ~,,,. ORDINANCE NO. ~ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City oI Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the daily operation of City departmenta 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 Revenue Sharing Accdunt 427 fund, to-wit: The sum $ 250.00 ,For the foltowingpurpose: Payable to John Thrasher Remove debris and clean lot at 1309 N. (North 40' of Lot. 4, Blk 9, Depot) 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 -pfoposed 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 ATTEST:' CITY SECRETARY 16t'h day of Apri 1 ,X~ ' 1973 . Verified C TY MANAGER Approved. by'i Division Director Department Accounting Department ORIGINAL. lO1 AN APPROPRIATION ORDINANCE NO. 73'1 334 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to. appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the'daily operation of City d6partments 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 Revenue Sharing Account 427 The sum $ 240.00 For the following purpose: fund, to-wit: Payable to John Thrasher Remove debris and clean lot at 707 Elm (Lots 5, Block 62, Original Town) 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. AND IT IS SO ORDERED Passed by the Council on this ] 6th ATTEST: CITY day of a~..~.~.-, 1 ,XlX~)~ 1 973 Verified b .brr~ _ ~ .~ cI[ Y MANAGER Approved by: ORIGINAL Division Director Department Accounting Department 102 ORDINANCE NO. 73-1335 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of th.e City of Plainview finds it is necessary to appropriate certain specific funds out Q£ .... ~Revenue.Sharing Accour/t 427 . :~:!~i~~ ' funds for an approved project, and this ordinance deals with the daily . operation of City departrhents in the public interest which crea£es an emergency: NOW, THEREFORE, 'BE IT~ORDAINE.D BY THE CITY COUNCIL OF THE CITY OF PLAINVlEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 345.00 For the following purpose: Payable to John Thrasher Remove debris and clean lot at 709 (Lot 4, Blk 62, Original TOwn) Elm fund, to-wit: 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 [hat 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 ATTEST: CITY SECRETARY AND IT IS S.O ORDERED 16th day of_ ' April , ~( 1973 Verified MANAGER Approved by: Division Director .Department Accounting Department ORIGINAl. AN APPROPRIATION ORDINANCE NO. 73-1336 ORDINANCE WHEREAS; the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account'427 funds for an approved project, and this ordinance deals with the daily operation of Ci.t?idepartments 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 - Revenue Sharing Account 427 fund. to-wit: The sum $ 295.00 For the following ,purpose: Payable to W. F. Moore Remove debris and clean lot at 701 Date (Lots 5-6-7-8, Blk 2, Original Town) 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 - pioposed 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 ] 6th ATTEST: CITY SECRES day of,.~ APri 1 , )l~g. Verified by.~- CIT 1973 MANAGER Approved by: Division Director Department Accounting Department ORIGINAL 104 ORDINANCE NO. 73-1337 APPROPRIATION ORDINANCE :WHEREAS, the City Council of the Ci. ty of Plainview finds it is necessary to appropriate 9ertain specific funds out of ReDenue Sharin9 Account 427 funds for afl approved project, and this ordinance deals with the daily operation of City departments in. the public interest which creates an emergency: -NOW, THEREFORE, BEtT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:. There is hereby appropriated out of the following described Revenue .Sharing A~count 427 fund, to-wit: The sum $ 450.00 ' ' For the following purpose: Payable to Kenneth Bond Remove debris and clean lot at 1505-07-~ (Lots 8 thru 16, Blk 2, Wye Addition) Austin WHEREAS, an emergency exists as' Shown in the preamble to this ordinance, the enactment of this ordi- nandb 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 ORbERED Passed by the Council on this 16th , day of Apri I ATTEST: ,1~ 1973 CITY SECRETARY Verified MANAGER Approved ~y: ORIGINAL Division Director Department Acc ounting D6pa~tment ~ ~ 105 AN APPROPRIATION ORDINANCE 73-I338 ORDINANCE WHEREAS, the City Council of the Ci.ty of Plainview finds it is necessary to appropriate certain specific funds out of Running Water Draw Park Account 407 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 Running Water Draw Park Account 407 - The sum $ 700.00 For the following purpose: fund, to-wit: Payable to Don Rice '. . - ' ' " For trees used in the-RmmXug Water Draw Park - WHEREAS, an emergency exists as 'shown in the prehmble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity that the role /equiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the d ate of its passage. Passed by the Council on this ' 7th ANDIT IS SO ORDERED ATTEST: ,XRt[ 1973 CITY · .Approved by: ORIGINAL . - Verified Division Director ., . Department Accounting Department 106 PL4 WHEREAS, AN APPROPRIATION ORDINANCE ORDINANCE NO. 73-1339 the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing-AcCOunt 427- ' BE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF PLAINVIEW: fund, to:wit: · he sum $ 5.,210 o00 For the following purpose: payable to Bob Gardner Chevrolet' 1975 Chevrolet Police Special, emergency:, repIacement for Urd. t 607-6, 1975 Plymouth, ~rrecked in April 15th tornado' 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.' role requiring · prbposed ordinances to be presented .at two (2) separate Council meetings be dispensed with; and this 0rdinan ce sh.alt-be effe6flve from the date of its passage; AND IT IS SO ORDERED ' ,- Passed by the Council on this Approved by: Division Diret~tOr Department .... ' = ; *"~': -~Accountlng Depattmen~ 107. ORDINANCE NO. 73-.~~__~__ AN ORDINANCE CLOSING THAT PART OF ROSELAWN STREET LYING AND BEING SITUATED IN THE CITY OF PLAIN-VIEW, HALE ODUNTY, TEXAS BEGINNING WITH THE SOUTt{WEST CORNER OF LOT NO. 3, BLOCK'NO. !2, WEST HILLCREST · ADDITION TO THE TOWN OF PLAINVIEW, HALE COUNTY, TEXAS; THENCE SOUTH TO THE SOUTHWEST CORNER OF THE NORTH 37-1/2 FEET OF LOT NO. 2, BLOCK NO. 14, WEST HILLCREST ADDITION; THENCE FOLLOWING THE SOUTH BOUNDARY LINE OF SAID STREET AS SHOWN BY. PLAT OF RECORD IN BOOK 78, PAGE 382, DEED RECORDS OF HALE COUNTY, TEXAS, TO THE NORTHEAST CORNER OF LOT NO. 1, BLOCK NO. 14, SAID WEST HILLCREST ADDITION; THENCE NORTH TO THE S.OUTHEAST CORNER OF LOT~NO. 3, BLOCK NO. 12, SAID WEST HILLCREST ADDITION; THENCE FOLLOWING THE NORTH BOUNDARY ~LI/~E OF SAID STREET AS SHOWN BY SAID PLAT ABOVE P~FERRED TO., TO THE PLACE"OF BEGINNING, AND DECLARING THE CLOSING OF SAID PART OF SAID STREET TO BE IN THE PUBLIC INTEREST. WHEREAS, the City CoUncil of the City of Plainview has received,. filed,"and considered a petition signed b~ owner of land lying east of that part of Roselawn Street; and WHEREAS, said street can no longer he used as a through street because it is not graded nor used as a street and if it were it would be a dead-end street and would not lead to any place except to the alley and that there would not be sufficient room to turn around in'said street and that to attempt to us the street inits present condition would be dangerous to the public and constitutes a hazard; NOW, THEREFORE', BE IT .ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: Section 1: That that portion of Roselawn Street lying and heing situated in the City of'Plainview, Hale County, Texas as shown on the plat~of said' addition recorded in Book 78, page 382, Deed Records of Hale County, Texas, and~beginning with the Southwest~corner of Not. No.. 3, Block No. 12, said West Hillcrest Addition to the Town of Plainview; Thence South to the. SouthweSt corner-of the North 37-1/2 feet-of Lot No. 2, i08 Block No. 14, West Hillcrest Addition; Thence following the South Bound- ary line of said street asshown on the plat above referred to* to the Northeast corner of Lot No. 1, Block No. 14, said West Hillcrest Addi- tion; Thence North to the Southeast corner of Lot No, 3, Block No. 12, said West Hillcrest Addition; Thence following the North~Bounda~ line of sa~·d street as shown by said plat to place of beginning, be and the same is hereby closed. .~ection 2: That that portion of Roselawn Street-·as prOvidedin Section 1 of ·this ordinance shall no-longer be used as a publi~-~rou~ fare or street, and shall no longer Be used or designated as a street and the owners of t~e property contiguous thereto·may tak~possession thereof and make use of same in accordance with the laws of the State of Texas. PASSEDAND APPROVED this the 7th.day of May, A'. D, 1973, ATTEST: .,.MAYOR M. L, REA, 109 STATE OF TEXAS' COUNTY OF HAT.E TO THE HONORABLE CITY COUNCIL OF THE CITY OF PLAINVIEW: Now Comes LELA B. HOOPER, a widow, and RUDY STRAIN amd wife, JERRY L. STRAIN, and show the said Honorable Council as follows: That Lela B. ttooper is the owner of all of Lot No. 3, Block No. 13 of West Hillcrest Addition to the Town of Plainview, Hale County, Texas. 'That Rudy Strain and wife, Jerry L. Strain are the owners of all of Lot No. 1, and the North 37-1/2 leer'of Lot No. 2, Block No. 12, West Hillcrest Addition to the Town of Plainview, Hale County, Texas. That as originally platted Rosela~m Street connected Broadway Street to amd through the entire block to 'Alpine Street as shown by Exhibit "A" attached hereto. ' That a portion of this said street lying west of the East Boundar~ line of Block No. 12 of said addition projected South as to connect with the East. Bou~ndary line of Block No. 13 in said West. Hillcrest Addition as shown by Exhibit '~" attached hereto has heretofore been closed. The portion of the street sought to be closed is that part of the street--- as shown on the plat of said addition recorded in Book 78, page 382, Deed Records of Hale County, Texas (Exhibit "A" attached), and beginning with the Southwest corner of Lot No, 3, Block No. 12~ said West Hitlcrest- Addition to the Town of Plainview; Thence So~th to the Southwest cor~er of the North 37-1/2 feet of Lot No. 2, Block No. 14, West Hillcrest Addition; Thence following the South Boundary line-'of said street as shown on the plat above referred to~ to the Northeast corner of Lot No. 1, Block No. 14, said West.Hillcrest Addition; Thence North to the Southeast corner of Lot No. 3, Block No. 12, said West Hillcrest Addition; Thence following the North Boundary line of said street as shown by said plat to place of beginning. In this connection, the Petitioners will show that the closing of. that paz~ of the street as hereinabove described will leave intact an alley from'West Crestway Street .to'itS i~mt~rsection with the alley running East and West from South BroadWay.. All of that portion of said 110 West Alpine Street, as indicated by Exhibit "B" attached hereto has here- tofore been closed and that the property is now a school grounds; that the street sought herein to be closed is not graded nor used as a street and if it'were it would ~e a dead-end street and would not lead to any place except to the alley and that there would not be sufficient room to turn around in said street and that to attempt tO'use the street in its present condition would bedangerous~to the public and constitutes a hazard. That the~parties hereto have been maintaining said s~reet, that is . keeping it planted in grass and keeping it mowed and keeping the weeds from growing thereon and that the same serves no U~efuZ-'purpose but does constitute a hazard and that it will be in the public interest to close said street. ~ :~ That there are no telephone lines,.power lines or gas lines, water lines or sewer lines in said street sofar as is known tothesepetitioners. WHEREFORE, the undersigned Petitioners hereby respectfully request the City Council of the City of Plainview to close that part of said street above referred to and hereinabove described, EXECUTED this the 20th day of April, 1973, : LELA B. HOOPER STRAIN STRAIN STATE OF TEXAS COUNTY OF HALE BEFORE ME,. the undersigned authority, on th.is day personally appear- ed LELA B. HOOPER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerat, ion therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This A. D. 1973. Notary t?ubll-d~ Itale STATE OF TEXAS : COUNTY. OF HALE 20th day of April, Texas BEFORE .ME, the undersigned authority, on this day personally appeared RUDY STRAIN and wife,' '.: ~__' ' JEKR¥'L. ..STRAIN,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 ~mxpressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This April, A. D. 1973. 20th day of Nota/r~y ? Hal~ County,; ,,Texas ORDINANCE NO. 73-1341 'AN: APPROPRIATION ORDINANCE ' ---. · the City Council of the City of Plainview finds it is necessaW to appropriate certain specific WHEREAS, funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the daily operation of'City departments in Hie publie inte~st which creates an emergency: NOW~ THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE~CITY OF PLAINVIEW.; There is hereby appropriated out of the following described . Revenue Sharing Account 427 fund, to-wit: The sum $ 685.00 For- the following purpose: Payable to W. F. Moore RemOve debris and clear lot at 401 Austin .(Lot 12, Blk 28, Original Town). Project #10 WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordg- nance is declared to be an emergency measure thereby creating a public necessity that the role 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 7th . day of May · ~K I973 ~ r.. ATTEST: Approved by:.. Verified Division Director Department 113 ~["~;. r-~""" ORDINANCE NO.. %~.~. AN APPROPRIATION ORDINANCE WHEREAS, the City CounCil of the City of Plainview finds: it 'is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427 fund, to-wit: The sum $ 195.00 For the following purpose: Payable to W. F. Moo=e Remove debris and clear lot at 505 W&st 7th (West 60 ft. of Lots 1 & 2, Blk 68, Alexander-Westmoreland) Project #7 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 ordinanc~ 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 AND IT IS SO ORDERED · 7th' .. day 'May ATTEST:~ App¥oved by: Division Director. ORIGINAL Verified MANAGER Departmeni: Accounting Department t14 ORDINANCE NO. 73-1343 AN APPROPRIATION ORDINANCE WHEREAS, '-the City Council of the City of Plainview finds it is neCessary 'to appropriate certain-specific funds out of Pro Rata Construction Account 434 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 BYTHE CITY COUNCIL OF THE CITY Of PLAINVIEW: fund, to;wit: There is hereby appropriated out of the following described Pro Rata Construction Account 434 The sum $ 16,353;59 For the following purpose: Payable toNovak Construction Co. Construction Estimate No. 8 Water & Sewer Extensions contract of'July20, Additional work 1971 WHEREAS, an emergency exists ak shown in the preamble to th'is ordinance, the enactment of thisordi- 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 AND IT IS SO ORDERED Passed by the Council on this . 7th day of i May ,.~ 1973 -." ' APprOVed by:' ' ' .... 'Division Director 'verified [MANAGER Department Accounting Department AN APPROPRIATION ORDINANCE NO. 73-1344 ORD/INANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Shariug Account 4_27 funds for .an approved project, and this ordinance deals with the davy opera,on 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 Revenue Sharing Account 427 The sum $ 175.00 fund, to-wit: For the following purpose: Payable to John Thrasher - Remove debris and clean lot at 400 Ennis (Lots 9 and north 1/2 of 10, all of Lots 15~16-17-18-19, Blk 87, College Hill) Project #36 WHEREAS, an emergency exists as shown in the preamble to th'is 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 present~l at two (2) separate Council meetings be dispensed with; and this ordinance shall be effective from the date of its p~ssage. . AND IT IS SO ORDERED Passed by the COuncil .on this' 7th ..... day of, May 1973 ATTEST: SECRETARY Approved by: ORIGINAl. MANAGER Division Direct~ ~, .: Department - Accounting Department i1'6 ' ORDINANCE NO. 73-1345 WHEREAS, funds out of Revenue Sharing Account. 427 . - : 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, THEREEORE, AN APPROPRIATION ORDINANCE - . the City Council of the City of Plainview finds it is necessary to appropriate Cerbain sPeCific - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described - Revenue Sharing Account 427 ' fund, t~wit: The sums 175.00 .For the'following purpose: payable to John Thrasher '. Remove debris and clean lot at~ 502 Ennis- . (Lots 7-8-20.21, Blk 87, College ' Hill) PrOjeCt #3T 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 nile 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 Co. uncil on this CITY SECR~gTARY Approv.ed by: · AND IT IS SO ORDERED~ i 7th ,XI~ .1973 .. ORIGINAL Division Director - ' ' ' Verified Departmen! Accounting Department AN . APPROPRIATION ORDINANCE NO. 73-1346 ORDINANCE WHEREAS, the City Council of the City of Plainview find.'; it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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_ C)F THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described- Revenue Sharing Account 427 The sum $ 300.00 For the following purpose: Payable to John Thrasher ' - Remove debris and clean lol: at 409 Emnis ' · (Tract of land 120 .xl 363, Blk 28, JK-.2) Project fund, to~*rit: 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 crea,ting a public necessity that the role 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 7th day of Passed by the Council on this ~ 1973 'ATTEST: ~ CITY SECRETARY L ORIGINAL Approved by: ' Verified CITY Division Director Department Accounting Department 118 ORDINANCE NO. 73-1347 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to,apprOpriate 9ertain specific funds out of Revenue Sharing Account 427 funds for an approved project, and thiS'ordinance deals with the daily operation, of City departments in the public interest which creates an emergencYl. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PLAINVIEW: There i§ hereby appropriated out of the 'following described Revenue Sharing Account 427 The sun/$ 150., O0 fund, to-wit: For the following purpose: 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. . .. Payable. to John Thrasher _ . ~.. · - Remove debris amd. clean lot~ at 512 West 24th -.' . (8. part of the E' i/2 of the East-1/2 of Blk'8, Alabama Addition) Project #24 .-~'- " Passed by the Council on this~ - AND1T IS SO ORDERED . , ~ 1973 ., Approved by:. Division Director '" Departmellt j Acccmnting Dep~rtment , , , AN APPROPRIATION ORDINANCE NO; 73-1348 ORDINANCE WHEREAS; the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427- The sum $ 150,00 For the following purpose: fund, to-wit: Payable to John Thrasher Remove debris and clean lot: at 412 West 17th (Tract of land 50 x 120 of Blk 7. Lakeside) Project'#21 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. AND IT IS SO ORDERED Passed by the Com-tei! on this .~7th day of r , ATTEST': CITY SECRETARY Verified Division Director MANAGER Approved by: Department Accounting Department J AN APPROPRIATION ORDINANCE NO. 73-1349 ORDINANCE WHEREAS, the City Council of the City of Plainvi'ew finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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, IHEREFORE, BElT ORDAINED' BY THE CITY COUNCIL OF THE CITY OF.PLAINVIEW:. There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 100.00 For the following purpose: Payable to John Thrasher fund, toxwit: Remove debris and clean .lot at. 1701 N. Columbia ' (Tract of land 70 x 300 out of Blk 7,-LakeSide Addition) Project #25 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 necessiiy that the rule ~equiring 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 7th day ATTEST'.. Approved by: Division Directo~ 'ORIGINAL .... ,Xl~ 1973 CITY Department · ' - Accounting Department ~.,,. ORDINANCE NO. ; '~ 73-~35o "~"" AN APPROPRIATION ORDINANCE WHEREAS; the City Council of the City of Plainview fin&s it is necessary to appropriate certain specific funds out of Non-Departmental Account 605/703-504 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 Non-Departmental Account 605/705~$04 The sum $ 157.00 fund, to-wit: For the 'following purpose: Payable to Hale County Abstract Company Abstract work on 147.5 -feet: x 252,5 feet out of the Northeast 1/4 of Survey No. 40, Bloc3: JK-2, Hale County~ Texas (Bell Station property) 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'.b~ dispensed with; and this ordinance shall b~ effective from the date of its passage. ' AND IT IS SO ORDERED - * Pass.ed by the Council on ATTEST: - - YSECRETARY Approved by: Division Director ORIGINAL Verified C Department Accounting Department ORDINANCE NO. 73' 1351 HOUSING CODE AN ORDINANCE PROVIDING FOR A "HOUSING COD~"FOR THE CITY OF PLAINVIE~ DECLARING ITS pURPOSE, THE METHOD OF ENFORCEMENT, pROviDiNG~FOR DE- FINITIONS, PROVIDING FOR SPACE AND OCCUPANCY STANDARDS, STRUCTURAL REQUIREMENTS, MECHANICAL REQUIREMENTS, EXISTS, FIRE PROTECTION, DE- FiNING'isU~STANDARD.BUILDINGS, PROVIDING FOR THE~DUTIESOF~HE BUILD-. ING OFFICIAL WITH THE CITY OF PLAINVIEW, PROVIDING ADMINISTRATIVE -- REMEDIES; FOR A FINAL APPEAL TO THE DISTRICT COURT OF HALE COUNTY',~ TEXAS; PROVIDING FOR COLLECTION OF FEES FOR PERMITS; PROVIDING A PENALTY; AND CONTAINING A SAVINGS CLAUSE WHEREAS, the City Council of the City of Plainview, Texas,.finds that there is need for a Housing Code in .~heCitY of Plainview-, to pro~otethe'health, ~safety and welfare of its inhabitants; and WHEREAS, the City Council finds that the 1970 Edition of the' Uniform Building Code, Volume III, HouSing'Code as copyrigh~ed'in -.1970 by the International Conference of Building Officials, Pasadena,~ C'alifornia, with amendments to confom same to the specific needs'Of Plainview, Texas, should be adopted, but that in the interest of clarity the same should be adopted with the revisions and amendments contained in one original Ordinance of the City rather than pass-an adopting ordinance with the revisions and amendments; NOW THER~FORE BE IT ORDAINED BY THE CiTY coUNcLL OF THE CITY OF PLAINVIE~: CHAPTER 1 - TITLE AND SCOPE ' '~ Sec. H-lO1. This ordinance shall be known as the "Housing Code!~ ~nd may be cited as such, and will be ~eferred to herein as-"this Code".. Sec.. H-102. Thepurpose of this Code :is to provide minimum requirements foT the protection of'life, limb,.health, property, safety., and.web,are .. __ of the general_public andthe owners and occupantsof.~res.idential 5uildings. Sec, H-lO3, (a) Application. The provisions 'of this Code' sh~ll apply to -- ~all buildings or portions thereofused, or deSigned~0ri~tended-to be. used, for human .habitation~ Such occupancies in existing bUildings may be'con-. tinued as provided'inSection 104 (g) of the Uniform Building Code,'e~-xcept such structures as are found to be substandard 'as~defined ~'in~ this~Code.'~ Where any building or. portion thereof is used or intended to be used as a combination apartment houSe-hotel, the provisions of this Code shall apply to the separate p0rtioms as if they were separate buildings. Every rooming house or lodging house shall comply with all the require- ments of this Code for dwellings. ~b) Alteration. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned and in accordance with Secti'on 104 (a), (b), (c), (d) and (e) of the Uniform Building Code. Cc) Relocation. Existing buildings~which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this Code. CHAPTER 2~- ENFORCEMENT Sec. H-201. (a) Authority. The Building Official'is hereby authorized and directed to administer and enforce all of the provisions of this Code. (b) RiKht of Entry. Whenever necessary tc~ make an inspection to enforce any of the provisions' of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or. upon any premises~, any condition which makes-sueh building or premises substandard as defined in Section H-202 of th~s Code,' the Building Of.ficial or his authorized representative may, enter s~ch bni!d~ lng or premises at all reasonable times to inspect the same or to perform any duty'imposed upon the Building Official by this~ Code;. provtded~that is such building or premises.be occupied, he shall~first present proper creden- tials and demand.entry; and if such building or premises'be'Unoccupied' he' Shall first make a reasonable effort to locate the owner or other'personm having charge or control of the building o~: premises and demand entry-. If such entry is refused,-the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entr~. No owner or occupant or any other person having charge, care or.con- trol of..any building~or~'p~emiseSshall'~'failor~meglect' 'after properdemamd is made as herein provided, to properly permit entry therein by the Building Official or his authorized representative'for the purpose of inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor. (c) Responsibilities Definedl Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is als~ im- posed on the occupants of his building, an~d even though the owner' has, b~ agreement, imposed on the occupant the cuty of furnishing required equipment or of complying with this Code. -2- Every owner, or his agent, in addition to bei~gresponsible for main- taining his building in a sound s~ructural condition, shall be responsible for keeping that part of the .building or premises'which he occupies or con- trols in a clean, sanitary, andsafe condition including the shared or pubiic areas in a buildimg containing two or more dwelling units. Eve~ owner shall, where required by this Code, the health ordinance or the health officer, furnish and maintain such approved Sanitary~facilities as'required, and. shallfu~ishand,~ · _. maintain approve?,. ~ ~eq'Uipment,~ or -facilities for the p=evention of insect and foden! station, and where infestation has taken place, shall be responsible for extermination 'of any insects,-rodents, or other pests when such extermination is not specifically made the responsibility of theoccupant by law or ruling.. Every'occupant~of a dwelling unit., in addition to being responsible~-~ fo~. keeping in a clean,~sanitary, and safe condition that pa~t p~.the~dwell- ing or dwelling uni~or premises which he occupies and controlS, shall dis- ~ pose of all his rubbish, garbage, and other organdie w~ste in a manner re- qumred by the health ordmnance and approved by the health officer. Every occupant shall, where required by this Code, thehealth ordinance orthe hea~th~o~ficer~,furnish an~ maintain approveddevices,.equipment, of facilities necessary tokeep his premises safe and sanitary. Sec. H-202. Ail buildingsor portions thereof which are determined to be substandard as defined in-this Code are hereby declared to be public nuisances and shall.be abated by repair, rehabilitation, demolition, or removal in accord- ance wi~hthe proce~hre sp~ecified inSection H-110I of this-Code. Sec. H-203. In' order to provide for final interpretation of the provisions of this Code. and to hear_appeals provided for hereunder,. ~e'Building Code Board of AppealS' wili*serve 'as Appeals Board f°r:~he. HouSing Co~e. There is hereby established a Building CodeBoard of ApPeals consisting of five (5) members who are not employees of"the City. The B~ilding Official sh~ll be an ex officio member of and shall act as SecretarY to said Board. The Board shall be appointed by the CitY'council an~ shall.serVe for theterms of three (3) years unless appointed to serve the remainder of an unexpired term. The Board memb.ers servingat the time of:adoption of this t970 Code.shall-continue.- to serve their present terms, The Board may"ad~pt reas0~abie rules and regulations'fOr conducting its business and shall render all decisions and findings in writing to the 'appelant with a copy to the Building Official. Appeals to'the Board shall ben,processed inaccordance with the provisions contained in~ Sec~ion~H-1201~ of this Code~ COpies of all rules or regulations adopted.=~by,,~theBoard shall be~i~d~iVered"tothe B~lding'of~cial who shall ma~e ~hem freely accessible to the public. Sec. H-204. (1) No person, firm, or corporation, whether as owner, lessee~ sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Sec. H-204. (a) Any person violating the provisions of this Section shall be ~q/lt~ of a misdemeanor and upon conviction thereof shall be punished by aline of not to exceed $200.00. (1). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted. CHAPTER 3 - PERMITS AND INSPECTIONS General: Sec. H-301: No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any bui~Ld-L ing or structure, or cause or permit the same to be done, without first obtain- ing a separate building permit for each such building or structure from the Building Official in th~ manner and according to the applicable conditions prescribed in chapte~ 3 of the Uniform Building. Code. Fee: Sec. H-3021 Whenever a building penmit is required by Section 301 of this Code, the appropriate fees shall be paid to the Building Official as specified in Section 303 of the Uniform Building Code, Volume I, 1970. Edition, as amended by Ordinance No. 71-1156 of the Cityof Plainview, Texas. IDspection: Sec. H-303. All buildings or structures within the scope of this Code and all construction or work for whic]h a permit is required s-hall be Sub- ject to inspection by the Building Official in acc~.rdance with and in the man- ner provided by this Code and Section 304 and 302 of the Uniform Building Code. CHAPTER 4 - DEFINITIONS Sec. H-401. Fog the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives shall be constrUed as specified in Chapter 4 and 33 of the Uniform Building Code, EFFICIENCE LIVING~UNIT, Efficiency living unit is any room having cooking facilitiesused for combined living, dining, andsleeping~purposes and meet- ing the requirements of Section H-503 (b), Exception. ' ~ ~F. ALTH OFFICER. Health Officer shall be the legally designated head of the Plainview-Hale County Health Department. HOT.WATER. Hot Water. shall be water'at a temperature of not less than 120~F. NUISANCE. The following shall be defined as nuisances: (a) Any publi.c nuisance known at c~mon law or in equity jurisprudence. -4- 5 (b) ~Any Attractive nuisance which may prove detrimental to childre~ whether in a building, on the premises of a.building, or upon an unoccupied lot, This includes any abondonedwells,~§~afts, basements or excavations; abondoned refrigerator's and motor ~'~ vehicles;' orany structurally unsound fences or structures; or any lumber, trash,~ fences, debris or vegetatiQ~whic~may .... prove a hazard for inquisitive minors. (c) ,Whateveris danger~usto human life or is detrime~ta!to health, as determined by the Health Officer. ' .............. (d) Overcrowding a room with occupants. (e) Insufficient ventilation or i!lunination. (f) Inadequate or unsanitary sewage or plumbing facilities. ~(~g')' Uncleanliness,, a~ de~ermined by the Health Officer ............. (h) Whatever renders .air, food, or drink !unwholesome'*or detrimental to the health of human beings, as determined by the Health Officer. OCCUPIED SPACE. The to~al area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane excluding permitted projectigns as allowed by this Code. ROOMING HOUSE. See Lodging House. Code, Volume I for.definition~) (See Chapter 4 of the Uniform Building UNIFORM BUILDING CODEshall mean the Uniform Building Code, Volume I, 1970 Edition, published by the International Conference of Building 'Of$icfalsl CHAPTER 5 - SPACE AND OCCUPANCY STANDARDS Sec.'H-501. (a% ~Acnmms to P,~]~ePrnp~rty, All buildings shall be located with respect to'property lines and to other'bUildings on the same property as required by Section 504 andTable No. 5-A of the Unif6rmBuilding Code. Each d~elling unit and each guest room ina dwelling or a lodging house shall have access to a passageway, not less than 3 feet in width, leading to a public street.~Pr~al.ley. Eachapartment house or hotel~Shal!~have access to a public street by means of a passageways no less than:5 feet in'width. space, cqrner !ot~ used for such buildings shall have not more than 75 percent of the lot in occupied space. Wherehousing .units are on a floor above the first floor, roof area at or below the floor leVelof the housing units need not be considered as occupied space. Sec. H-502. (a) Scope'. This Section shall apply to yards and courts hav- ing required windows opening therein. (b) Yards. Every yard shall be not less than 3 feet in width for one- story and two-story buildings. For buildings more than two stories in height the minimum width of the yard shall be increased at the rate of 1 foot for each additional story. Where yards completely surround the build- ing, the required width may be reduced by 1 foot. For buildingsexceeding 14 stories in height, the required dimensions shal~ be computed on the basis of 14 stores. '-~ Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two storiesin height shall be pro- vided with a horizontal air intake at the bottom not less than 10 square feet in area and leading to-the exterior of the building unless abutting a yard or Public space. The construction of the air intake, shall be as required for ~the court walls of the building, but 'in no case shall be less than.one-hour fire-resistive. ~ (d). Projection into Yards. Eaves and cornices may project i~to any required yard not more than 2 inches for each foot ofyard width.' Unroofed landings, porches and stairs may project' into any required yard provided'no port,on tends above the. floor level of a habitable room; and provided'furtherthat no such projection shall obstruct a required exitway. Sec. H-503..(a) Ceiling Heights. Habitable rooms, storage rooms and laundr~ rooms shall have a ceiling heights of not less than 7 feet 6 inches% Mallwa~s, corridors, measured to the lowest projection from the ceiling. If any room in a building has asloping ceiling, the prescribed' ing height for the 'room. is required in only one-half the~area thereof. No portion of the room.measuring less.than 5 feet from the finished floor to the'' finished ceiling Shall be included in anycomPutation of the m~nimum area there- of. If amy room has a furred ceiling, tlhe prescribed' ceiling heights ~s required in. two-thirds the area thereof, but in no case shall the'heights of the furred ceiling beless:~than 7 feet. (b) Superficial FloorArea. Every dwelling unit,shall have at leaSt one room which shall have not less than 120 square feet of superficial floor area. Every room which is used for both cooking and living or bothlivlng and sleep' ing purposes shall have not less than 150 square feet of superficial floor area~ Every room used for sleeping purposes shall have not less than 90 square feet of ,superficial floor area. Where~more th~m two persons occupy a room used' for sleeping purposes the required superficial floor area shall be increased. at the rate of 50 square feet for each occupant in excess-of two. ]/XCEPTION:~ Not~ing ~n this Section shall prohibit the. use of an efficiency living unit meeting the following require- ments: .~ '' ~ 1. The unit shall ·have a living room of not less than 220 square fe'e~,.of superficial floor area. An additional 100'square-,feet. of superficial floor'area shall be provided £or each occupant of such unit in excess of two. 2. 'Th~'~'~'~' be provided with a separate CloSet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a ctear~·,working· space of not ~l~s~s~h'~ 30 inches in front. Light and ventilation~ co~form- in~g ~o this Code shall be provided. ' ~ · ~. The ~i~'-sh~!!~be~ provided With a separate bathroom containi~.g' .... a water~ closet, lavatory, and bathtub or shower. (c) · W£d~h~ N~~ habitable ro~. ahall be~ less. than, 7 ~feet i~ any dimension and no water closet space less than 30 inches in width 'and shale provide a ·clear space in front' of~the w~ter closet not less than 24 inches.~ Sec. H-504.· (a) Natural Light and VentilatiOn. Ail guest rooms, dormitories, and habitable rooms within a dwelling hnit shall be provided with natural light by means of windows or' skylights with an area of not less than one-~tenth the floor ~area of such rooms 'with a minimum of 12 square feet. (a) all bathrooms, water closet compartments, laundryr rooms, and similar rooms shall be provided with natural ventilation by means-Of ·Windows or sky- lights with an area of not 'less, than one-tenth of the floor area ~f such rooms With~a minim~'of'3 square feet. ~- ~ ~ Not less~than one-half of the req'~ired wind°W-~*~r-sk~iight area Shall be openable to provide natural ventilation. (b) Origin of Light a~d Ventilation. Required windows shall open directly onto a street or public alley or'a-yard or court located on the same lot as the building. EXCEPTION: RequiredWindows may open into a roofed porch Where ~the Porch: ~' 1. Ab~ts.a street, Yard, or court; and'" .... 2. Has a ceiling height of not less than 7 feet; and Has the longer side at least 65 per cent open and"unobstructed. 8 A required window in ~ service room may open into.a Vent shaft which is open and unobstructed to the sky and not less than 4 feet in least dimension. No vent shaft shall extend through more than two stories° For the purpose of determining light and ventilation requirements, any roommay be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. (c) Mechanical Ventilation. In lieu of openable windows for natural venti- lation, a mechanical ventilation system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormi- tories,, habitable rooms, and in public cOrridors. One-fifth of the air supply shall be ~aken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms, a mechanical ventilation system connected directly~to the outside, capable of providing five air changes per hour, shall be provided. ~ (d) Hallways. Ail public hallways, stairs, and other exitways shall be adequately lighted at all times in accordance with Section 3312 (a) of the Uniform Building Code. Sec. H-505. (a) Dwelling. Units. Every dwelling unit shall be provided with a water closet, a lavatory, and a bathtub or shower. (b). Hotels. Where privatewater closets, lavatories, and baths are not provided, there shall be provided on each floor foreach sex at least one water closet:and lavatory and one bath accessible from a public hallway. Additional water closets, lavatories, and baths shall be provided on each floor for each sex at the rate of one for every additional 10 guests, or fractio~al number thereof, in excess of 10. Such facilities shall be clearly marked for "Me~' or "Womem". (g) Kitchen. Each dwellimg unit shall be provided with a kitchen. Every kitchen shalt be provided with a kitchen sink. No wooden sink or sink of' similarly absorbent material shall be permitted. (d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected t.o an approved system of water supply and provided with hot and-cold running water, except water closets shall be provided with cold water only. All plumbing fixtures shall be of mm approved glassed.emrthenware type or of a similarly nonabsorbent material -8- (e) Water CIoset Compartments. Walls and floors of water closet compart- ments except in dwellings shall be finished in accordance with Section 1711 of th~Uni~orm Building Code. Water closet compartments in dwellings shall be finished with approved no~absorbent materials. (f) Room Separations. Every water closet, bathtub, or shower required by this Code shall be instalteJd i~'~a room'which wil~~ afford pri~acy to the occu- pant. A room inwhich a water closet is located shallbe separated.~from food preparation-o~.mtorag-e:r~om~by ~tight,fi~ng door,.~... ,~? .... (g) Installation and Maintenance. Ail sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all ap- plicable laws. ° _. CHApTEr6- STRUCTURAL REQUIREMENTS- SeC. H-601.'-(~)" G'~neraI. 'BuiiHi~gs or structures may be ~f'any' type of con- struction permitted b~ the. Uniform Building Code. Ro~f~a ~!~ors, walls.~ founda- tions, and allot~erStrUct~ai~c0mponentS~.f buildings ~h~li~be ca~able of re- sisting ~any ~,.and 'all. forces and. l~ads to which.they may be~ subjected. Ail struc- tural elements shall be proportioned and joined in accordance with the stress limitations and~des.i~n~criteria-~as specified inthe appropriate sections of the Uniform Building Code. Buildings of every permitted type of construction, i.~ shall comply with the applicable requirements of.the Uniform Building Code. --~ (b) Shelter. Every buildimg shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.. (c) Protection of Materiala. All wood shall be protected against termite damage'and decay as provided in the Uniform Building Code. Sec.. H,701. (a) :Heating. Every dwelling unit and guest room shall be pro- vided with heating facilities capable of maintaining a room temperature of 70°F. at a point'3'feet~above th~ floor'in all habitable rooms. Such facil- ities shall be installed and maintained in a safe'condition.amd in accordance with Chapter 37'of Uniform'Building Code, VolUme I; UniformBuildimg~Code, Volume II, Mechanical, 'and all other applicable laws. No unvented fUel- burning heater shal~lhe:.~..permitted. Ail-heat-ing devices or appliancesSh~ll be'of an approved type. - (b) Electricai Equipment~ 'All electricalequipment, wiring, and appliances shall be instailed~and~maintained inca safe manner in accordance with all applicable laws. All"'electrical equipment shall be of an approved type. -9- 10 When there is electrical power available within 300 feet of the pre- mises of any buildings such building shall be connected to such electrical power. Every habitable room .shall contain at least two supplied electric light fixture. Every water closet compar~nent, bathroom, laundry room, fur- nace room~ and public hallway shall conta~ at least one supplied electric light fixture. (c) Ventilation~ Ventilation for rooms ~md areas and for fuel-burning ap- pliances shall be provided as required in the Uniform Building Code, Volume II, Mechanical, and in this Code. Where mechanical ventilation is provided in lieu of the natural ventilation require.d by Section H-504 of this Code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion t]hereof. CHAPTER 8 - E~ITS Sec. H-801. Every dwelling unit or guest room shall have access directly to the outside or.to a public corridor. All ~buildings or portions, thereof'shall be provided with exits, exitways, and appurtenances as required by Chapter 33' of the Uniform Building Code. Every sleeping room below the fourth floor shall have at least one win~ dow or exterior door approved, for emergency exit or rescue. Where Windows'are -- provided they shall have a sill heights not more than 48 incheS above the' floor. Windows with an area of not less than 5 square feet with no dimension less than 22 inches shall be deemed to meet the requirements--of th~s Section provided sill heights are not over 48 inches above the floor. CHAPTER 9 - FIRE PROTECTION Sec~ H-901. Ail buildings or portions thereof shall be provided'witk the ' degress of fire-resistive construction as required by the-Uniform Building Code, for the appropriate occupancy, type of donstruction, and locat%on on property or in fire zone; and shall be provided with the appropriate fire-' extinguishing systems or equipment required by Chapter 38 of the Uniform Building Code. CHAPTER 10 - SUBSTANDARD BUILDINGS Sec. H-1001. (a) General. Any .building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the ' same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or wel- fareofthe public or the occupants thereof shall be deemed and hereby is de- claredto be a substandard building: - 10- 11 (b) Inadequate Sanitations-whfc~'~shall include but not be limited to the following: 1. Lack of, or improper water closet, lavatory, bath-tub or shower in a dwelling unit. 2. Lack of, or improper water closets, lavatories~ and'bath tubs or showers~ per_number of guests in a hotel. 3, LaCk:of,'"or imprope~"kitchen sink. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5~ L~ckof hot and cold running water to plumbing fixtur~s in.a dwelling unit. 6. Lackof adequate hea~ing faei!~ties,° ..... 7. Lack, orimpr.operI ' operationof required ventilating'equipment. 8. Lack of minimum amounts of natural lightand Ventilatioffrequired.by this Code. 9. Room and space dimensions less than required by this Code. 10. Lack of required electrical ligh'ting.~ 11. Dampness o-f habitable rooms'. 12. ~Infestation of insects, vermin or rodents as determined-by the Health Officer. 13. General dilapidation or improper maintenance. 14. Lake of connection to required sewage disposalsystem~ 15. Lack of adequate garbageand rUbbis~ ~C~f~ge"and removal facilities as determined by the Health Officer. '(c) StructuralHazardS, which shall.include.but not'belimited to the fol- lowing:..- ' · ~..~.' ~' 1. Deteriorated~or~ inadequatefoundations. :,:.. .: . 2. Defective or deteriorated floOring o.rfloor sUpports'. ~'~'~ 3; Flooring or floor supports of insufficient size to carryimPosed loads~ with safety. 12 Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. Members of ceilings, roofs, ceiling and roof supports or'other hori- zontal members which sag, split, or buckle due to defective material or deterioration'. Ye Members of ceilings, roofs, ceiling and roof supports, or other hori- zontal members that are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which list, bulge, or settle, due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength t~ carry imposed loads with safety. (d) Nuisance~ Any nuisance as defined in this Code. (e) Hazardous Wiring. Ail wiring except that which conformed with all appli- cable laws in effect at the time of instaltation and which has been maintained in.good condition and is being used in a safe manner. (f) Hazardous Plumbing. All plumbing except that which conformed with all ~applicable laws in effect at the time of installation and which has beem maintained in good condition and which is free of cross connections and siphonage between fixtures. ~(~) Ha2ardous Mechanical Equipment. All mechanical equipment, ~ncludfng vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe - condition, (h} Faulty Weather Protection, which shall include but not be limited'to the following: 1. Deteriorated, crumbling or 'loose plaster. 2. Deteriorated or ineffective waterproofing of'exterior walls, roof, foundations, or floors, including broken windows or doors. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering; due to lack of paint or other' approved protective covering. -12- 13 4. Broken, rotted, split, or buckled exterior wail coverings or roof coverings. (i) Fire Hazard. Any building 'or portion thereof, device, apparatus, equip- ~'~ment, combustible waste, or vegetation which, in the opinion;of the~Chief of the Fire Departm~ or'his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the Apread and intensity of fire or explosionari~ing from any cause~ .~ ''~ (4) Faulty Materials of Construction. Ail materials of construction except those which are specifically allowed or approved by this Code and the Uniform Building Code, and which have been adequately maintained in good and safe con- dition. (k) Hazardous or'Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk~ dead-~organilcmatter, debris, garbage,~offal, rat 'harborages, stagmant water., combustible materials, and similar materialm or condition constitute ~ire~ health, or safety hazardm. ~'~1) Inadequate Maintenance. Any building or portion thereof which~ls deter~ mined to be an unsafa.~ui!.ding in accordance with Section 203 of the Un~form Building Code. ~m) Inadequate.Exits. All buildings or portion thereof notpro¥ided'w~tk' adequate exit facilities as required by this Code except tho-se:bn~ldingm or portions thereofwhose exist facilities conformed w~th all .applica~l~'law~ at thetime of~their const~ruc~.iom and which have.~een adequatel~,mainta±ned and increased in relation to any increase ~m~-oCcupantload,.alteration or addition, or any:change in occupancy When an unsaf.econ&itiDn, exists through lack~pf,.or~:improper location of- e~its, additional exists may be required to be ins~talled. (n) Inadequate Fire-protection 0r~Fire~Fighting'Equ!pment. All~bu~ld~ng~ or portions thereof which are not provided with the fire-res-ietiwe Construction or ~fir¢-extinguishing systems or equipment required by, th£s Code, except those ' buildings or portions thereof which conformed with all applicable'laws'at the~ time of their constructiomand Whose".fire~resistiveintegrity. and fire, exti~guis5~ lng systems or equipment have been adequately maintainedand improved in relation to any increase in occupant lo'ad,' alteration or addition', or any change ~n. occupancy. :(o)' Improper Occupancy, Ail buildings or portions thereof, occupied' for-liv- ing, sleeping, 'cooking, or dining purposes .which were notdesfgned'or intended' to be used for sUchoccupancies~. CHAPTER 11 - NOTICES AND ORDERS OF THE BUILDING OFFICIAL Sec. H-1101. (a) Commencem&nt of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building he shall commence proceedsings to cause the repair, rehabilitation, vacation, or demolition of the building. (b) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: 1.~ The street address and a legal description sufficient for identification of 'the premises upon which the building is located. 2. -A statement'that the Building Officia! has found the building to be sub- standard with a brief 'and concise description of the conditions found to render the building dangerous under the provisions of Section H-202 of this Code. 3. A statement of the action required to be taken as determined by the Building Official. (i) If the Building Official has determined~that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time asthe Building Official shall determine is reasonable under all of the cir- cles ts~lces, (.ii) If the Building Official has determined that the build/ng or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Offtc%al to be reasonable. (iii) If. the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated ~ithin such time as the Building Official shall determine reasonable (not to exceed 60~days from the date of the order);~ that all required permits be secured therefor within 60 days from the date of the order, and that the demOl~tion be Completed within such time as the Building Official shall de- termine is reasonable. Statements advising that if any required repair or demolition work (without vacation-also being required) is not commenced witb/n the t~me specified, the Building Official (i) ~ill order the. building vacated and posted to preventfurther occupanq~ until the work is completed, -14- and (ii) may proceed to cause the work t° be done and charge the costs- thereof against the property or its owner. Statements adVising (i) that any person' having any record title or legal interest in the building may appeal from the notice and-order or any action ofl the Building Official to the Building Code Board of Appeals, provided the appeai is made in writing as provided in this Code, and fi~ed-with the Building Official within 30 days from them date of service of: such. not'ice and order; and (ii) t~hat fail, ute ~o?~pp~aI~ will~ constitute a waiver of all right to an administrative hearing and determination of the matter. (C) Service of Notice and Order. The notice and order, and any amended or supplemen~al-.n6tice, and order, shall be serVed upon the recor~owner.~ and posted on the property; and one copy thereof shall be served on each of the following if?.~known to the Building .Official or.disclosed-.frdm the official public records: theholder'of any mortgage ~r deed of'trust or other ~.lien orencumbrance of'reco~d; the owner of h~lder of any lease of record; and · the holder--of any other estate or legal interest of record in or to the build- ing or the land on-which it is located. The failur& of _the..Building_Official to serve any person required herein to be served shall not invalidate'any proceedings hereunder as to any other pe~sonduly served or relie~el...any such person from any duty or obligation imposed on him by the provisions of this Section. (d) Method of Service. "~ervice of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copyof:suc~ .~ notiCe and order"b~ ~c'~rtified mail, postage prepaid, return recei~ reqUest'ed, to each such person at his address as it appears on the last eqUalized'assess- ment roll of the county or as known to the Building Official. If no address of any-Such~':pezsonso appears or is known to the Building Official, then a copy of the notice and order shall be so mailed to such person, at the address of the building involvedin the proceedings. The failure of any such person to receivesuch notice shall.not affect the validity of any proceedings taken under this .Section. Service by certified mail im the mannerherein provided shall:'be effective on the date of mailing. (e) PrOof of Service, Proof of service of the.notice and order shall be certified to atthe time of~service by a written declaration under penalty of perjury executed bY the person effecting service, declaring t.he'~time,' date~ and manner in which service was made. '~'~he declaration, together'with ' any receipt card returned in acknowledgement of receipt by certifiedmail shall be affixed to'the copy of the notice and order retained by.the'~uilding Official. Sec. H-1103. (a) Standards to 'be' Followed. The .following standards shall be followed by the Building Official and 'by t-he Building'.C0de Boardof Appeals (if an ~ppeal is taken) in ordering the ~epair, vacation or demolition of any substandard building or structure: 1. If any building declared a substandard building under this ordinance shall either be repaired in accordance with the current Building Code ~or shall be demolished at the option of the building owner. 2. If the building or structure is in such~condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to ]be vacated. Sec. H-1104. (a) Posting. Every notice to vacate shall, ~n addition to being. served as provided in Section H-1101 (c), be posted at or upon each exist of the building, and shall be in substantially the following form: -. "DO NOT ENTER UNSAFE 'TO OCC~?Y ~-- It is a misdemeanor to Occupy this building or to remove or deface this notice. Building Official City of " (b) Compliance. Whenever-such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Sub-section (b) of .Section H-1101, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain im or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been'completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code. Any person 9iolating this Subsection shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more t~an $200.00. CHAPTER 12 -APPE~ Sec. H-1201. (a) Form of Appeal. Any person entitled to service under Section H-1101 (c) may appeal from any notice and order of any action of the Building Officiallunder-this Code byfiling at"theoffice of 'the'Building Official within 30 days. from the date of the service of such order, a written appeal containing: A heading in the words: "Before the Building Code Board of Appeals of the City of ." A captionreading: "Appeal of of all appellants participating in theappeal. , giving the names -16- 17 3. A brief statement setting forth the legal interest of each of the appellants in the building or.the land involved in the notice and order, ~- ~ .~ 4, A brief statement in Ordinaryand concise language of that specific order or action protested, togetherwith'"any,,material~ fa,ts.claimed to support the contentions of the appellant, 5. A brief statement in'ordihary~ ~nd ~concise lamg~age~of~-the relief sought, .and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. The signatures of all parties named as appellantS, and their official mailing addresses. 7.. The verification (by.decla~ation under penalty of~perjury) of at least one appellantas to.the truth of the mattersStated in the appeal.~- (b) Processing of_ApPeal. Upon receipt of~any app~a!_~fi!ed p~rsuant to this~Section, the'Building Official shall-present it at the next regular or.special meeting of 'the Building Code Board of~Appeals., (C) Scheduling and Noticing Appeal for Hearing. As soon as practicable-after receiving the written appeal the Building Code. Board of Appeals shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall-be not less than 10 days nor more than 60 days from the date the appeal was 'filed with the~ Building Code Board of Appeals. Written notice of the time and placeof ~he hearing shall Be given at least 10 days prior'to the date of the hearing to each appellant by the Secretary of the Board either by causing a copy of such notice to be delivered to the appellant Personally or bYmail- ing a copy thereof, postage prepaid, addressed to the' appellant at his address shown on the appeal. Sec. H-1202. Failure of any person to file an appeal in accordance withthe provisions of Sec. H-1101 and H-1201 shall constitute a waiver of his right to an-administrative~he~ring~i~nd~adjudication of the notice and order.~ or to any portion thereof. Sec. H-1203~. Only those matters or issues specifically' raised by the appellant shall'i~econsider~ in'the hearing .oftheappeaIJ· ~ ~' ~ Sec. H-1204. Except for vacation orders made pursuant to Section H-1102, en- forcement of any notiee-and~order of .the Building Officiai'l~sued'Under this Code, shall be stayed'during pendencyOf an appealtherefrom which is properly andtimely filed. ~ 18 CHAPTER 13 - PROCEDURES FOR C05~)UCT OF HEARING APPEALS Sec. H-1301. (b) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Board. (c) Reportin~. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therfor. Such fees may be established by the Board, but shall in no event be greater than the cost involved. (d) Continuances. The Board may grant continuances-.f0r good cause shown. (e) Oaths- Certification. In any proceedings under this Chapter, the Board, or any '~oard member has the power to administer oaths and affirmations and to certify to official acts. (f) Reasonable Dispatch, The Board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown, for the conveneince and necessity .of any parties or their represen- tatives~ ' Sec. H-1302. The notice tO appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before the Building-- Code Board of Appeals at on the day of ........... 19 ~. at the hour , upon t~le notice and order served' upon you. You may be present at the hearing. You may be, but need not be,~ represented by counsel. YoU may presenl~ any relevant evidence and will be given full-opportunity to cross-examine all witnessess testifying against you. ./r¥ou may request the issuance of subpoenas to compel the ' attendance of'witnesses and the production of books, documents or other' things by filing an affidavit therefor with the Building Code Board of Appeals. Sec. H-1304. (a). RUles. ; Hearings need not be conducted· according to the technical rules relating to evidence and .witnesses. OraI Evidence. Oral evidence shall, be taken only. on oath or' affirmation. '(c) HearsayEvidence. Hearsay evidence maybe used for the prUpose of sup- plementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless itwould be admissible overobjection in civil actions im courts of competent'jurisdiction in ·this state. 19 (d) Admissibility of Evidence. Any relevant evidence shall be admitted 'if it. is the type of.evidence on which, responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the exiStence of any common law or statutory rule-which might make improper the admission of 'suck-evidence over.objection in civil actions in. courts of competent juris- diction in this state. (e) .Exetusio~ of Evidence. Irrelevant and unduly repetitious-evidence shall be excluded. (f) Rights of Parties. Each party shall have these rights, among others: 1. To call-and examine witnesses on any-matter relevant to. the issues of - the hearing; 2. To.-~introd~Ce'"documentary and physical evidence; 3. To croSs-examine ~pposing witnesses on any matter relevant t° thetssues of the hearing; 4. To~mpeach. any witness regardless of which party firs~ called him to~. testify; 5. To rebut the evidence against him; 6. Torepresent himself or'to be represented by anyone of his choice who is laWfully '~itted "to do so. 1. What may be'"~tice~, i~-~h~ing~"~'~ed~sion, official~ notice may be taken, either before ~or. after submi, ssion of the case for decision, of any fact which may be judicially noticed by the courts' of this state or'of official records.ofth~ Board.or Departments and ordinances of thecity or rulem and regUlations. of the'Board, Parties to be notified. Parties present' at'thee'hearing shall'be informed of the matters to be noticed and these matters shall be noted in the re- · cord,~referred to therein, or-appended-thereto, O~portunity go refute. Parties presentat the hearing shall be given a reasonable opportunity', on request, t° refute the ,.noticed matters by evidence or by written or oral p~ the- manner, of:such refutation to be determined by the Boa~d~.. -19- 141 Inspection of the premises. The Board may inspect any building or premises involved in the appeal during the course of the hearing, pro- vided that (i) notice~ of such inspection shall be given to the parties before the inspection is made, (ii) the ]parties are given an opportunity to be~ present during the inspection and (iii) the Board shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Board. Sec. H-1305. (a) Hearing before the Board itself. Where a contested case is heard before the Board itself, no member thereof who d~d not hear the evidenceor has not read the emtire record of the proceedings shall vote on or take part in the decision. (g) Form of Decision. The decision shall be in writing and shall dontatn findings of fact, a determination of the issues presented, and the reqUire- ments to be complied with. A copy of the decision shall be delivered to the' appellant:personally or,sent to him by certified mail, postage Prepared, ~e, turn receipt requested. (h) Effective Date of decision. The effective date of the decision shall be as statedtherein, CHAPTER 14 - ENFORCEMENT OF THE ORDER OF.THE BUILDING OFFICIAL OR THE BUILDING CODE BOARD OF,APPEALS Sec. H-1401. (a) 'Genera].i'After any order of the .Building Official or the Building Code Board of Appeals made pursuant to this Code shall have become final, no person to. whom any such order is directed shall fail, neglect,, or refuse to obey any such order. Any such person who fails to Comply with any such order is guilty of a misdemeanor and upon conviction thereof such*person shall be punished by a fine of not more than $200.00. .(b) Failure to obey order. If, after any order of the Building Official or Building Code Board of Appeals.made pursuant to this Code has become final, the person towhom such order is directed shall fail, neglect or refuse to obey such order, the~:Building 0fficialmay (i) cause Such person to be prose- uted under Subsection (a) of this Sectibn of (ii) institute any appropriate ~tion to abate such building as a public nuisance. (c) Failu. re ~o commence work. Whenever the required repair or demolition ~s not commenced.within 30 days afterany final notice and order issuedunder this Code becomes, effective: 142 21 The BUilding~Officia! ~hall cause the building~descCib~d"in such notice and order to be vacated by.posting at each entrance there- to a ~otice r~a'ding: SUBSTANDARD BUILDING DO NOT OCCkYPY It is a misdemeanor to occupy ~his building or to rempve or deface this notice. · "' ~'~ ~'BUILDING OFFI¢IAL i ..-~ ~ .;~- CITY OF " 2. No person shall occupy any building which haS been posted as specified in' this Subsection. No person shall remove or deface~any such notice ~ s° posted until the repairs, demolition, or removal ordered by the Building Official have been completed and a Certificate of Ogcupancy issued pu~auant to the provisions of the Uniform Building Codg.. Sec. H-1402. "--Upon receipt of an application fromthe-.person'required to con- form to the order and an agreement by such .person that he will comply with the order if allowed additional time, the Building official may, in his dis- cretion,~ grant an extension of time, not to exceed an additional t20 days, within~which to complete said repair, rehabilitation, or demolition, if the Building Official determines that such an extension of time will not'create or perpetua~ea situation ~mminently dangerous'to life or property. The Building Official's authority to extend time is limited to the physical re- pair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. .Sec. H-1403. No person shall obstruct, impede or interfer with any officer, employee, contractor or' authorized representative of the City, or with any person who owns or holds any estate or interest i~ any building which has been ordered repaired, vacated or demolished under the provisions of this Code, whenever'such'officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purahaser~'~'is engaged in the work ofrepairing, vacating andrepairing, or demolishing any such building pursuant to the provisions of this Code, or in perfoi~ning-any necessary act p~eliminary to or'incidentalto such work.or authorized or directed pursuant to this Code. Sec. HT1404['~'~'~Any pers6~ who is aggrievedby the actions taken under the provisions of the ordinance after he has exhausted his administrative remedy as provided~.herein, may file':suit in the DistriCt court ofHale County, TexaS, in the nature Of an appeal from the action of the commissi°n.withinl5 days, in which appeal~uestions presented to the said District Court-thesubstantial evidence.rule shall prevail, except the question ofwhether or not~ the premises ORDINANCE NO. 73-1351 WHEREAS, the City Council of the City of Plainview did on May 21, 1973, at a regular session of the City Council pass and adopt Ordinance No. 73-1351. The Purpose, Distributive Caption and Penali~ of said Ordinance is as follows: PURPOSE view. Said Ordinance No. 73-1351 adopts a "Housing Code" for the City of Plain- DESCRIPTIVE CAPTION AN ORDINANCE PROVIDING FOR A "HOUSING (;ODE" FOR THE CITY OF PLAIN~!EW DECLARING ITS PURPOSE, THE METHOD OF ENFORCEMENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR SPACE AND OCCUPANCY STANDARDS,. STRUCTURAL REQUIREMENTS,;.~MECHAN- ICAL REQUIREMENTS, EXISTS, FIRE PROTECTION, DEFINING SUBSTANDARD BUILDINGS, PROVIDING FOR THE DUTIES OF THE BUILDING OFFICIAL WITH THE CITY OF PLAINVIEW, PROVIDING ADMINISTRATIVE REMEDIES; FOR A FINAL APPEAL TO THE DISTRICT COURT OF HALE COUNTY, TEXAS; PROVIDING FOR COLLECTION OF FEES FOR PERMITS; PRO- VIDING A PENALTY; AND CONTAINING A SAVINGS CLAUSE. -- PENALTY Sec. H-204. (1) No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repa~P, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit: the same to be done, contrary to or in violation of any of the provisions of th~s Code or any order issued by the Building Official hereunder. Sec. H-204. (a) Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine of not to exceed $200.00. (1) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted. PASSED AND ADOPTED THIS 21 day of May A. D., 1973. MAYOR, City of Plainview ATTEST: City Cl erk~ ORDINANCE NO. 73;1351 WHEREAS, the City Couecil of fhe , of P~ainview Published Every A[ternoon Except Saturday With Enlarged Plainview · AN Plain ie Daily tl CHANICAL PUBLISHED BY ALI,LSOBI CO~[CATIONS, INC. FIRE STANDARD 80~ ~RO~AY -- ~O}~E CA,tel ~4~- ~-O. ~ox 1 FOR THE O~FICIAL PLAINVJEW~ Pl~nview, Tex~ 7~072 THE STATE OF TEXAS BUtt COUNTY OF HALE NAL iE DISTRICT COU'RT OF' HALE COUNTY, TEXAS PROVIDING FOR C0 LLECTIQN FEES FOR PERMITS; F PENALT'~; AND CONTAINING A ING$ CLAUSE. PENALTY Sec. H-204. (1) No person, firm, corporation, whether as owner, subtessee, or eccupon% shall con~ruct enlarger alter, repair, improve, remove, demolish, equip, occupy, or mairfroin any premises, or cauee or Derrni+ the to he done, contrary to or In et' any of the provisions of this or any order issued by the Official hereunder. i Sec. H-204. (a) Any _per. s. on shall the /Provisions of this Section ~uilty o{. a'misdemeanor on.d fine of not to exceed $200.00. BEFORE ME, the undersigned authority, on this day persona vi~ionm Eo~'°~s~'h°"~son · guilty of a s~fe offense for Bus',ne Mansoer [and every day or per,ion · ..... B O~wald ~ ss. ~ i~g ~ieh ~y s.ch ................................ ' ............................. (Tffie'~ . . J! day PASSED of MayAND A.D., 'ADOPTED. 1973.THIS / John D. of the Piamwew Daffy Herald, a newspaper of general orculauon ~ City Clerk (~y Hale County, Texas, who stated on oath that the attached instrumenT--.-- ,--~- -- lished in said newspaper on each of the following dates, to-wit: ............................ ................................... ......................... i' ................... :..:..A.D. 19..*..3.... ~ I ~ ~ /f / ~,/~ J / Bu-,lines~ Manager ..... ........................... i h;i ........................... Fee: $26.64 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ................ 25 day of ..... ~'.a.y ..... A.D., 19..7.3. ....... Notary Public, Hale County, Te~_~ The Best Investment For Your Advertising Dollar is a nuisance, which said question of whet~her or mot a nuisance exists shall be tried by the District Court do novo. SECTION 1. Ail former ordinances or ~parts thereof conflicting or consistant with the provisions of this ordimance or of the Code hereby adopted are hereby repealed. SECTION 2. Should any section, paragraph, sentence or clause or word of this ordinance or of the Code adopted hereby be declared unconstitutional or unvalid for any reason, the remainder of this ordinance, and of the Code adopted hereby shall not be effected. SECTION 3. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption of this ordinance together with the. penalty provisions of the Uniform Building Code 1970 Edition, as amended. This ordinance shall become effective after its passage and pUbli- cation as required by law. PASSED AND ADOPTED. THIS A. D., 1973.' ATTEST: day of I~a~r City 144 ORDINANCE NOu: 73-1352 AN APPROPRIATION ORDINANCE WHEREAS, th~ City Council of the City of Plainview finds'it is necessary to'appropriatE ~ertain specific funds out of R~venue' ~Si~'~ng Accoun[ 427 funds for an approved project, and this ordinance deal.s with ~he daily operation of 'City departments in the public interest which creates an emergency: NOW, TH E REFOR E, BE IT ORDAINED BY THE CITY ,COUNCIL OF TH E CiTY OF PLAINVIEW: ' There is herebY· appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The s~am $' 1'45.00 ........ -- . ....... - For-the following purpose:P.ayable to Kenneth Bond _ .' - Remove debris and'clean ~ot-~at 613 West 7th (West 7'~'ft.':'8~L6fiSl''15 & t6, Btk 73 Alexander ~Westmoreland) WHEREAS, an emergency exists as -shown in the preamble to this ordinance, the enag~ment of this o. rdi: nance is declared to be an emergency measure thereby creating a public necessity that the rnle requiring -proposed ordinances to be p~sented at t~o (2) separate Council m~etings be dispensed ~vith; and.thls ordinance Shall be effective from' the·date of its passage, ~' - AND IT IS SO ORDERED Passed by the 'Council on this~_ 21st ' day ATTEST; OR CITY Approved by: Division Director CITY Department Accounting Department 'ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1353 ORDINANCE WHEREAs, the City Council of the City of Plainview finds it is necessary to .appropriate certain 'specific fundsout of Revenue Sharing Account 427 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. Revenue Sharing Account 427 The sum $ 15,932.00 For the following purpose: fund', to-wit: WHEREAS, Payable to 'Plains Machinery Company -- Purchase of new street sweeper for Street Department 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. AND IT IS SO ORDERED . - Passed by the Council on' this 21st daY · ~ 1973 ATTEST:' CITY SECRETARY' Approved by: ', ' Division Director. ORIGINAL Verified Department Accounting Department 146 · ~ ORDINANCE NO. 73-1354 AN APPROPRIATION ORDINANCE the City. Council 'of the City of Plainview finds it i~ necessary to appropriate Certain. specific :W. HEREAS, funds oat Of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the daily operation of CilY departments in the pubti~ interest which creates an emergency: NOW;.THEREFORE, BE l.[ ORDAINED BY '[HE CiTY CouNC.IL OF THE CITY OF There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 61,:4t2.00 For the following purpose: ....... .Payable to Maggard-Nall Motor Co., Inc, - - Purchase of four (4) truck chassis for'use ~ as d~pmasters in Sanitation.Department PLAINVIEW:- fund, to-wit: WHEREAS, 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.. an emergency exists as shown in. the preamble to this ordinance, the enactment of this ordi- 1973 · .-- AND I.T IS SO ORDERED Passed by the Couneil-on tl~is ..... 2 ~.. 21~t Approved by:. Division Director {/erified Department Accounting Department ORIGINAL ORDINANCE NO.' 73-1355 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427 fund, tO-wit: The sum $ 195.00 FOr the following purpose: Payable to Kenneth Bo~d Remove debris & clean lot at 102 E. Carvec (Lot 2~, Blk 10, wye Addition) Project 18 ' - 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 dispehsed 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 ATTEST: Approved by: Division Director ORIGINAL day of .~ 1/aY '- Vedfied D~partment Accounting Department AN APPROPRIATION ORDINANCE NO. 73-1356 ORDINANCE .- . ., WHEREAS, the City Council Of the Ci.ty of Plainview finds it is necessary to appr0Priat~'~ertain s'~ecifiC' fUnds out of Revenue Shacing Account 427 funds for an approved project, and this ordinance deals With th~ daily operation of,City departments in the public interest which creates an emergency:NOW, THEREFORE,: BE IT ORDAINED BYTHE CiTY COUNCIL OF THE ~iTY OF PLAINVI~:· There is hereby appropriated out of the following described Revenue Sharing Account 427 ~ ' . The sum $' 495·.00. fund, to-wit: For:the following purpose: Payable' to Kenneth BoI~d Remove debris & clean I6t at 611 West 5th (Tract tof land 50t x 257'_oUt of SUr~eY' 40, Blk,.IK-2) Project 8 . ' - .' WHEREAS, an emergency exists 'as -shown in the preambl~ tO this ordinarice, 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 d~spensed with; and this ordinance shall be effective from the date of its passage. AND IT .~3'" SO ORDERED . Passed by the Council on this ' 21st , , 'day' of ATTEST: SECRETARY' Appxoved by: Divis.ion Director Department Accounting Department ORIGINAL 149 AN APPROPRIATION ORDINANCE' NO. 73-1357 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue 'Sharing Account 427 funds for an approvc~t project, and this ordinance deals with the daffy operation of City departments in'the publ. ic interest which creates an emergency: NOW, TNERE[::OREk BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF PLAINVIEW: Tl!ere is hereby appropriated out of the following described. Revenue Sharing Account 427 The sum $ 480,00 For the f011owing purpose: Payable to Kenneth Bond. Remove ~ debris &. clean lot alt 1416 ,N.. Austin' - Lots 1~-13-14-15, Blk 8, Wye Addition fund, to-wit: WHEREAS, an emergency exists as shown in the preamble to this ordina, nce, the enactment of this o~li- 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 Councff 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 thi~ 21st day of /f May ' ATTEST: CITY SECRETARY Verified by: 1973 Approved by: Division Director ORIGINAl. Department Accounting Department J 150 QRDINANCE NOT- 73-1358 AN APPROPRIATION ORDINANCE- WHEREAS, the City Co.uncil 'of the Ci.ty of Plainview finds it ismecessary-to apprqpriate.certa_in 'specific' funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the daily operation of City departments 'in the public 'm~ retest ~vhich creates an emergency:~Now~ TH ER EFOR E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: · ' - There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The sum $ 325.00 For the following purpose: Payable to Kenneth Bond .- Remove debris & clean lot at 1518 N. AuStin .... ~ -- (Lots i2 & north .15 ft, of Lot 3, 'Blk' 8, Wye ~3) .. PrOject- 20 - - ' . 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 p~ssage. · AND IT IS SO'ORDERED Passed by the Council on this ATTEST: 21s t day Verified Approved by: Division Director "& Department Accounting Department ORIGINAL 15i AN APPROPRIATION ORDINANCE NO.' 73-1359 ORDINANCE -q WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approveq project, and this ordinance deaIs with. the daily operation of Cit~ 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 appropriaied out of the following described Revenue Sharing Account 427 The sum $ 350.00 fund, to-wit: For the following purpose: Payable to John Thrasher Remov~ debris & clean lot ,at 1101 ltickory (Lot Z thru 14, Blk 13, Railroad Addition) Project 31 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 thi? . AND IT iS SO ORDERED' 21st day of Hay / 1973 ATTESTi CITY SECRETARY . Approved by:. ....... ORIGINAL Division Director .. · MANAGER Department Accounting Department ORDINANCE NO. 73-1360 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the Ci.ty of Pla. inview-finds it is n_ecessary, to :appropriate certain specific funds out of Revenue Sharing Account 427 funds {or 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 THECITY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ '450.00 fund, to-wit: For the following purpose: Payable t~o John:Thrasher / ,,.. Remove debris & Clean lot at 907 East _,3i2th · (Tracfi of land 17.5Y x 186' out of M. A. Lowe Homestead) Project 32' - 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. meefings be dispensed with; and .this shall be effective from the date of its passage. - ' - - - : AND IT'iS SO ORDERED Pas~ed~*by- die C~uncil on"this 21st day' of . , '. l~y ATTEST: CIT¥SECRETARY ' Approved by: Division Director ORIGINAL r~ Verified Departmenff Account/rig Department AN APPROPRIATION ORDINANCE NO. 73-1361 ORDINANCE WHERE AS,~ the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approve! 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 t~e following described Revenue Sharing Account 427 rhesum $ 600.00 fund, to-wit: For-the following purpose: Payable to John Thrasher . . _ Remove debris & clean lot at 307 Henry (Lots i4 & 5, West 1/2 of 'Lot 3, Blk 3, Wye Addition) Project 40 WHEREAS, .an emergency exists as .shown in the preamble to this ordinance, the enactment of this.ardi-. 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 tim passage. . - ATTEST: - -~ AND'IT IS SO ORDERED ': ' .- Passed by the Council on this 21st ' day of ,/ :May ' , ~_ 1973_ ". CITY SF-CRETARY Approved by: ORIGINAL .Division Director Department- Accounting Department J ORDJNANCE 73-1362 AN APPROPRIATION ORDINANCE .i -. WHEREAS, funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals 'With the daily operation of City departments in the pUbiic interest which creates an em~[~g~ncy:. N0w,'T~ EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: the City cotmcil 0fthe City of Plalnview finds it is necessarY to appropriate certain specific There is hereby appropriated out of the following described Revenue Sharing ACcount 427 fund, to-wit: The sum $ 250.00 . . ,_:-- ._ '=~,, · . .. , .' ',L. :' For the following purpose: Payable to John Thrasher. Rdmove debris & clean lOt at 604 East 4th · (East 155 ft. of Lot 16, Blk 8, McClellan~Addi/ion) Project 27 · WHEREAS, an eme?gency exists as 's~own 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 role ~equiring ' 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 I-S SO ORDERED Passed by the Council on this ATTEST: CITY SECRETARY Approved by: Division Director Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1363 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Pro Rata Account 434 ftmds for an approved project,' and this ordinance deals with the daily operation of City deparhnents 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 Pro Rata Construction Account 434 The sum $29,155.11 fund, to-wit: For the following purpose: Payable to'Novak Construction Co. Construction Estimate No. 9 Water & Sewer Extensions Norsk Construction Co. Contract of July 20, Additional Work 1971 WHEREAS,, an emergency exists as shown in the prea~nble 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 ~alf be effective from the date of its passage. AND IT tS SO ORDERED Passed by the Council on this 4th ATTEST: CITY SECRETARY Approved by: ORIGINAL Division Director day of June ,~ 1973 / Verified Department Accounting Department .~~ ORDINANCE NO. 73-1364 '~ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate ce-train-specific funds out of General Fund Unappropriated Surplus funds for an approved project, and this ordinance deals' with the daily operation of City departments in the public Lnterest which creates an emergencyL~ NOW~ THERE~ORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE Cl:TY OF PLAiNVIEW: There is hereby appropriated out of the following described General Fund Unappropriated Surplus The sum $ 360.00 For the-following purpose: fund, to-wit: Payable to 612-305 For payment to High Plains Pavers, Inc. for ~ the removal and replacement of curb and gutter on Quincy Street at 8th Street. 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 Councit meetings be dispensed witlh; and this ordin~a~ce shall be effective from the date of its passage. Passed' by 'the Council on thi~'' 4th AND IT iS SO ORDERED day of / June ,l~[~/J~ ..... ~.. 1973 / ATTEST: CITY SECRETARY ~erified lAGER Approved by: Division Director Depar~tment Accounting Department ORIGINAl- 157 AN APPROPRIATION ORDINANCE NO. 73-1365 ORDINANCE WHEREAS, the City Council of the City of Pla/nview finds it is necessaW to appropriate certain specific- funds out of Pro Rata Construction Fund Account 434 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 Pro Rata Construction Fmnd Account 434 The sum S 1,986.07 For the following purpose: Payable to Western Industrial Supply Co. Pipe for use in Water Distribution Department fund, to-wit: 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. AND IT IS SO ORDERED Passed by the Comucil on this . 18th day ATTEST: CITY SECRETARY / June ~ 1973 of Verified by: ~~ ~_-~_ CIT~'~I~NAGER Approved by: Division Director Department Accounting Department ORIGINAL ORDINANCE NO. 73-1366 PLUMBING CODE A~N ORDINANCE OF THE CITY OF PLAINVIEW REGULATING pLUMBING WORK IN THE CiTY OF PLAI~nfIEW, TEXAS, DEFINING CERTAIN TERMS; PROVIDING iFOR CERTAIN EXECPTIONS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS A~Nq~ ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, M~TERIALS AND METHODS OF PLUMBING INSTALLATION; PROVID- ING PENALTIES FOR THE VIOLATION THEREOF: REPEALING ORDINANCE NO. 69-1048 OF 'THE CITY OF PLAINVIEW, TEXAS, AND ALL OTHER ORD-IN~NCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. PROVIDING FOR THE ADOPTION OF THE TEXAS MLrNICIPAL LEAGUE, "SUGGESTED PLUMBING CODE" 1972 EDITION, WITH CERTAIN AMENDMENT THERETO: DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINA~MCE, WITH THE PENALTY REVISIONS OF THIS CODE, AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City'of Plainview has found~ that the present Plumbing Code of the City of Plainview has become obsolete; and ~ WHEREAS, the City Council appointed the Plumbing Appeals and Advisory Board to prepare recommendations for the City Councilin regard to a new Plumbing Code; and WHEREAS, the Plumbing Appeals and Advisory Board recommends the Texas Municipal League Suggested Plumbing Code" 1972 Edition, with certain amendments thereto; be adopted as the Plumbing Code of the City of Plainview; NOW THEREFORE: BE~.!T ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAtNVIE%~: SECTION 1. That the City of Plainview Plumbing Code (being Ordinance No. 69-1048 of the City of Plainview) be, and the same is hereby repealed. SECTION 2. That the 1972 Edition of the "Suggested Plumbing Code" as recommended by the Texas Municipal League as hereinafter amended is specifically~adopted as the Plumbing Code of the City of Plainview, Texas,~ and a copy is attached hereto and incorporated herein by reference, as though set out completely in detail. A copy of said "Suggested Plumbing Cod~' shall be filed with the City Secretary and a copy maintained in the office of the Building Official of the City of Plainview, Texas, all such copies to be open to the public inspection during business hou.~S· of the office where they are maintained, with the following amendments thereto: SECTION 3. Chapter 8, Sub-Section 8.1 and Sub-Section 8.1.1 shall be and the same is hereby amended so as to hereinafter read as follows:~ 8.1 ORGANIZATION OF BOARD: There is hereby cr'eated a five member Plumbing Appeals and Advisory Board consisting of: (i), The City Building Inspector, or his authorized representative who shall be an ex officio me~er of the Plumbing Board with- out voting privileges. (2) The City Engineer, who shall be an ex officio member of the Plumbing Board without voting privileges. (3) One licensed and active master plumber, who shall have had at least ten years' active experience as a plumber, one of such years of experience having been performed in the City, working under the provisions of this code. (4) One licensed and active journeyman plumber, who shall have had at least five years' active experience as a plumber, one of such years of experience having been performed in the City, working under the provisions of this code. (5) Three members, other than master or journeyman plumbers, who shall have knowledge of building construction and plumbing materials through experience as a contractor, engineer, architect, supplier of building or plumbing materials or other experience in a related field that would enable him to render service in the interpretation of the provisions of this code and to make recommendations for improvements to the provisions of this code. SECTION 4. Chapter 9 Sub-Section 9.2 shall be and the same is hereby amended so as to hereinafter read as follows: 9.2 FEES: 9.2.1 Permit and inspection Fees: The permit and inspection fees herein provided shall be paid to the City before the issuance of a permit and before any work is started. The fees shall be as follows with a minimum total fee of $2.50: 1BO SECTION 7. Table 12.1.4 Materials & Uses Chart shall be amended to read as follows: Plastic Pipe (Pvc) (U~VC) or (ABS) shall not be used-under a slab 'or in a building exceeding one story in height for the following uses: ~bnilding drain, drainage branch, soil, stack, vent stack or vent b~anches, and to be used only within the limitations of th~ applicable standards as set out in'Section 12.1.5 Of this Code~ When,plastic pipe is used for water service lines, it shall be not less than (3) feet from the City distribu'tion lines or metering device on the building side to not less than (3) feet outside the structure to be served. SECTION 8. Chapter 12 Sub-Section 22.2.3 Underground Service Lines shall be amended to read as follows: Service lines underground shall be type "K" or "L" copper, standard weight wrought iron, galvanized steel, black steel protected against cor- rosion with an approved type protective coating, or polyethelene pipe, tubes and fittings conforming to A.S.T.M. D 2.513-57 and C.S.'~255-63~ and~ shall be instatled~ according to manufactor's.recommendations. When plastic pipe is used as underground service lines it shall ngt be installed less than 10 feet of any structure being served and not less than 10 feet from the metering device serving the structure. One inch service line may be used when serving a mobile home or house trailer. ~ECTION 9. Chapter 20 is hereby amended by adding thereto a Section- to be known as Section 20..2.7, and shall hereinafter read as follows: 20,.2~.7'. BUILDING-SEWER ON CITY PROPERTY~ The Building Sewer line when installed on City property or on a easement or on a dedicated alley or street 'shall ble cast iron only. SECTION 10. Sub-Section 26.3 shall be and the same is hereby amended so as to hereinafter read as follows: 26.3 PENALTIES. (a) Any person, either by himself or agent, and any firm, corporation or other entity who violates any of the provisions of this Code shall be deemed guilty of a misdemeanor~nd, upon conviction of any such violation, shall be fined in any sum not to ~exceed TWO I~ONDRED DOLLARS ($200.00); and each day during which such violation continues shall constitute a separate and distinct offense. 9.2.2 Table of Fees: For each of first five fixtures For each additional plumbing fixture or trap or set of fixtures of one trap (including water and drainage piping ................. 25 For each sewer connection ............... 5.00 For each house sewer having to ~be replaced or repaired. 1.00 For each water heater and/or vent ........ 1.00 For each gas piping system of 1 to 5 outlets ..... 2.50 For each gas piping system of 6 or more, per outlet . . .50 For installation of water piping for water softening and water treating equipment........... 2.50 Lawn Sprinkler System inspection for five (5) sprinkler heads ............... 5.00 For each additional sprinkler head over five ...... 15 For each gas light ............... 1.00 For each trailer connection ........... 3.00 For re-inspection ..... · 5.00 For repair of paving cuts- first squar~ ;a~d' . ' [ ' . 15.00 For each additional square yard of paving cut ..... 7.50 .......... $1.00 SECTION 5. Chapter 9 is hereby amended by adding thereto a section to be known as Section 9.1.9 and shall hereinafter read as follows: 9.1.9 EMERGENCY WORK PERMITTED. In case of emergency necessitating the immediate repair to, or extension of plumbing, at a time when the office of the plumbing inspector is closed, the work may be carried out without first obtaining a permit. Thereafter, a written application shall be sub- mitted to the Plumbing Inspector for a permit during the next day that such office is open. Before the permit shall be issued, all requirements for its issuance must be complied with. SECTION 6. Chapter t0 Sub-Section 10.1 shall be and the same is hereby amended so as to hereinJ~ter read as follows: 10.1 BOND REQUIRED: Before any person, firm or corporation shall engage in the business 0fplumbing in the City, he, it, or they shall first obtain the proper license and deposit with the City a good and sufficient bond in the sum of THR~ THOUSAND ($3,000.00) DOLLARS, conditioned that the person, firm or corporation engaged in the plumbing business will faithfully observe all the laws pertaining to plumbing; further, that the City shall be in- demified and saved harmless from all claims arising from accidents and damage- of any character whatsoever caused by the negligence of such person, firm or corporation engaged in the plumbing business, or by any other unfaithful inadequate work done either by themselves or their agents or employees. (b) In any case of a violation of any of the terms or provisions of this ordinance by any corporation, the officers and agents actively in charge of the business of such corporation shall be subject to the penalty herein provided. Any offense defined herein which has been defined by laws of the State of Texas an offense and for which penalty has been prescribed shall be punished as provided in said Shate Law, and nothing herein shall be held as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. SECTION 11. Ail former ordinances or parts thereof conflicting or inconsistant with the provisions of this Ordinance or of the Code hereby adopted are hereby repealed. SECTION 12. Should any section, paragraph, sentence or clause or word of this Ordinance or of the Code adopted hereby be declared unconstitu- tional or unvalid for any reason, the remainder of this Ordinance, and of the Code adopted hereby shall not be affected. SECTION 13. The City Secretary is hereby authorized and directed to Cause the publication bf the descriptive caption'of this ordinance to- gether with the penalt~ provisions of the uniform Building Code 1970 Edition, as amended. This ordinance shall become effective after its passage-and publi- cation as required by law. PASSED AND ADOPTED THIS A. D., 1973. ATTEST: ....... June 18th day of ORDINANCE NO. 73-1367 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Pro Rata Construction Account 434 funds for an approvL~d project, and this ordinance deals with the daily operation of City departmenls in the public interest which creates an emergency: NOW~ THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLA1NVIEW: There is hereby appropriated out of the following described Pro Rata Construction Account 434 fuhd, to-wit: The sum S 10,636.39 Forthe ~ttowing purpose: Payable to Novak Construction Co. Additional work on Water & Sewer Extensions contract of July 20, 1971. Construction Estimate No. 10 WHEREAS, an emergency exists as shown in the preamble to this ordinance, [he 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) separaie Council meetings be dispensed with; and this ordinance shall be effective from [he date of its passage. AND IT IS SO ORDERED Passed by the Council on this 18th ATTEST: 'CITY SECRETARY Approved by: - day of____~ne ~ / / '~ C I ~i~Y MANAGER 1973 . Division Director Department Accounting Department ORIGINAL ORDINA~NCE NO. 73-1368 AN ORDINA~NCE AMENDING ZONING ORDINA~NCE NO. 794 AND THE OFFICIAL MAP OF THE CITY OF PLAINV!EW SO AS TO MAKE THE FOLLOWING C}tANGES, AND CREATING AN EMERGENCY., ZONE CASE NO. 237: Request of Lon Cartwright for rezoning of a tract of land, beginning at the N. W. Corner of Block 89, College Hill Addition, and described as follows: A tract of land out of Block Number Eighty-nine (89), College Hill Addition to the Town of Plainview, Hale County, Texas, de- scribed by metes and bounds as follows: BEGINNING at the Northwest corner of said Block No. 89', College Hill Addition; THENCE EAST 512.5 feet; THENCE South 187.64 feet; -_. %=HENCE West 512.5 feet; THENCE North 187.64 feet to place of BEGINNING: Save and except a tract 100 feet x 100 feet out of the NOrthwest corner of above described tract, located in the 3100 block of West 10th., CITY OF PLAiNVIEW, HALE'COUNTY, TEXAS from R Zone to a C-1 _Zoning District. wtLEREA-S,'the proposed change in zoning Districts as hereinafter~made has been duly presented to the Planning & Zoning Commission for its recommendation which was re- ceived by the City Council, and after due consideration the City Counnil of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emer- gency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zon-~' ing Ordinance and Map, have been fUlly complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as well as notices provided by Article .._ 1011F Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15)days prior to the date of the Public Hearing before the City COuncil of such proposed amendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City Hall, Plainview, Texas, at which time persons appeared in support of the propoSal; and after said hearing, it was by the City Council, determined that it would be ih the public interest due to changed conditions, that the Zoning Ordinance and the Zoning bMp be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance No. 794 and the Official Zoning Map be and the 'same are hereby amended as follows, to-wit: ZONE CASE NO. 237 Change: A tract of land out of Block Number Eighty-nine (89), College Hill Addition to the Town of Ptainview, Hale County, Texas, described by metes and bounds as fol- lows: BEGINNING at the Northwest corner of said Block No. 89, College Hill Addition; THENCE East 512.5 feet; THENCE South 187.64 feet; THENCE West 512.5 feet; THENCE North 187.64 feet to place of beginning; save and except a tract 100 feet x 100 feet out of the Northwest corner of above described tract, located in the 3100 block of West 10th; City of Ptainview, Hale County, Texas, from a R Zone 'to a C-1 Zoning District. 165 From the date of this Ordinance said lot, tract, and parcel of land described shall be and hereby be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. WiLE~, an emergency exists as shown in the preamble to this Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating a public necessity that the ru!erequiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effective from the date of its passage. Unanimously passed by the City Council this 19 73 ATTEST: 18th day of /UNE / City Secretary-Treasurer OtLOIaNANCE NO.7~ ~ ~ AN ORDiNA~CE ADOPTING A~N EMPLOYEES' SALARY IEDUCTION TAX S~IELTERED ANNUITY RETIREMENT PLAN FOR EMPLOYEES OF TILE CITY OF PLAtNV!EW; PROVIDING-FOR THE. ADMINISTRATION THEREOF; DEFINING TERMS AND PROVIDING FOR THE IMPLEMENTATION OF THE PLAN. WHEREAS, it is the desire of the City Council of the City of Plainview to provide its employees with an opportunity to participate in a Deferred Compensation Plan and that such plan comply with the rules and regulations of the Internal Revenue Service so as to qualify for a Salary Deduction- Tax Sheltered A~nuity Retirement Plan. BE tT ORDAINED BY TILE CITY COUNCIL OF THE CITY OF PLAiNVIEW: Section 1: Definitions (A) As used herein the word or term "participant" shall mean and include onl. y an employee of the City of Plainview. (B) Wherever the word "City" is used herein, the same refers to the City of Plainview, Texas. (C) Wherever the word "Council" is used herein, the same refers to the City Council of the City of Plainview. Section 2: Purpqse This plan is to make available to City employees, who qualify, a Salary Deduction system affording a tax sheltered annuity program to~qusnent the participant's security during retirement years. Plainvie~ Published Every A[ternoon Except Saturday With Enlarged Platnview Daily PUBLISHED BY ALLISON COMMUNICATIONS, INC. 801 BROADWAY ~ I:~HONE CApitol 4-41143 -- p.O. Box Plainview, Texas 7Y072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day personally James B. Oswald Business Manager (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 ,Sates, to-wit: ............... d.u.n, e 27, 1973 ..-.-.~...~- ..... ~ ................ ~u ~.i.n...~.~...~....~.~O..~.~ ~ ~.. (Title) SUBSCRIBED AND SWORN TO BEFORE ME this ... ....... .J..u..n..e.. A.D., 19..7...~ ........ Public, Hale The Best Investment For Your Advertising Dollar Section 3: Sa!a~y Deduction Agreement. The is hereby authorized to enter into an agreement with City employees, who may qualify for this plan, whereby the participant may designate a portion of his future earn- ings to be deducted by the City and placed in an accomulation fund calculated to provide tax sheltered annuity benefits to the participant upon his retirement. Such agreement shall include, but not be limited to, specifications that: (A) No City funds are to be contributed to the plan; (B) The City may amend the provisions of this plan at any time, provided however, that no amendment shall effect the rights of partic- ipants or their beneficiaries to the receipt of payments of~benefits, to the extent of any compensation deferred at the ti~e of the amendment as adjusted for inveStment.experience hereunder prior to and subsequent to the amendment; (C) The City shall not be responsible for any loss due to the investment or failure of investment of funds and assets in the plan, nor shall the City be required to replace any loss whatsoever which may result from said investments, or failure to make investments. (D) The obligation of the City to the participant for the payment of distributions and increments thereon referred to in the~agreement are deemed a contractual obligation only, and the participant shall have no preferred or special interest, by way of trust, escrow, annuity or otherwise, in and to the specific assets or funds held in said Employees' Salary Deduction- Sheltered Annuity Account. 168 Section 4: Administrative Committee The accumulated fund of this plan shall be administered by a com- mittee whose membership shall consist of three (3) in number to be appointed by the City Council of the City of Plainview. The responsi- bilities and authority of the committee shall be: (A) To oversee and administer the investment of monies in the accumulated fund in a manner reasonably calculated to accomplish the intent and purposes of the agreement between the employe~ and participant, including, but not limited to, purchases of annuity contracts on behalf of the City; (B) To function as a "watchdog committee" making such review and analysis, at such .reasonable intervalS, as may be required to satisfy the committee that the plan is being operated in ~ manner reasonably calculated to accomplish its objectives, or to recommend to the City corrective measures which may be indicated; (C) In making.judgments required of the committee in the administration of the plan, the committee's decisions shall be made in an even-handed manner Creating a%~'Persons, in similiar circumstances, alike. Section 5: Accounts (A) -The accounting and financial records shall be maintained in accordance with generally acceptedaccountlng principles. (B) The City Manager of the City of Plainview shall designate a personfor persons or the person who shall maintain the accounting records and establish such ledger accounts as are necessary and approp- riate to the efficient operation of the plan. t69 (C) Salary eductions shall be accumulated in a fund to be known as "The Em~.ployees' Salary Deduction-Sheltered Annuity Plan" with authority in the City Manager of the City of Plainview or his designee, to make such disbursements or transfer of funds in said Account as he m~ay be directed to do by the terms of the Employer-Participant Agreement or as authorized by the committee under their authority in Section 4 of this division. Section 6: Non-Assignability Neither the participant, nor his beneficiary nor any other designee shall have any'right to commute~ sell, assign, transfer or otherwise convey the right to receive any payments under this plan, which payments and rights thereto are expressly declared to be non-assignable and non- transferable; in the event of any attempted assighment or transfer, the City shall have no further liability under the plan; nor shall any pay- ments be subject to attachment, garnishment, or execution~ or be transferable by operation of law in event of bankruptcy, insolvency, except to the extent otherwise provided by law~ Section 7: No member or the committee appointed by the City Council to administer the plan shall be eligible to participate in the plan. The committee shall have full power and authority to adopt'rules and regulations~for the administration of the plan, and to interpret, alter, amend or revoke any rules and regulgtions so adopted° Section 8: Any employee, whom the City designates as eligible, may participate in the plan. An eligible person, with respect to participation commencing in the initial year of the plan, may become a participant prior to or within a 170 time after the plan become effective, by.agreeing to defer compensation not yet earned. In all other cases, a new participant may agree to defer compensation not yet earned, but such agreement must be made prior to the beginning of the calendar year in which it is to become effective. Upon entering into an agreement to defer compensation, a participant must agree to defer a minimum amount of $180.00 per annum. Section 9: An agreement to defer compensation may be modified to change the amount deferred but such notification must be made prior to the beginning of the calendar year in which it is to become effective. A participant may terminate his agreement to defer compensation at any time by giving written notice to the committee at least 30 days prior to the effective date of the termination. A participant who has terminated his agreement may again become ~ participant by execution of a new agreement to defer compensation not yet earned, but such new agreement must be made prior to the beginning of the calendar year in which it is to become effective. Section 10: Payments under the plan shall be made on the happening of any of the following events: (A) normal retirement of a participant, (B) late retirement of a participant, (C) early retirement of a participant, (D) termination of services of a participant. ;171 Death benefits shall become payable when a participant dies before deferred compensation payments start:. The deferred compensation and death benefits will be a fluctuating amount equal to the amount which would have been payable under a variable annuity contract with respect to the participant or beneficiary for whom such payments are being determined, had such a contract been purchased and such participant been included therein with an annual premit~m equal to the annual amount of compensation that had been deferred and had the method of payment selected been 120 months certain and life, 100% variable annuity option. Section 1i: In the event of early~ normal or late retirement, a participant shall receive payments from the City for 120 consecutive months and for his remaining lifetime thereafter, beginning the first day of the month following such retirement° If a participant terminates his employment with the City and if he qualifies for payments for 120 consecutive months, the City, in its sole discretion, may postpone such payments until the terminated participant reaches his fiftieth birthday or make payment in a lump-sum or in installments over some period other than 10 years. The City shall pay death benefits to the participant's designated bene- ficiary, or the participant's estate, for 120 consecutive months, 'beginning on the first day of the month following the participant's death. However~ in the City's sole discretion, such payment may be made in a lump-.sum or in installments over some period other than 10 years. if a participant dies before receipt of all 120 monthly payments, the City agrees to continue to pay such monthly payments for the balance of the 120 month period to the participant's designated beneficiary or estate, Section 12: The committee may determine, in its sole discretion, in lieu of making pa~ents to a participant for 120 consecutive months and for his. remaining lifetime thereafter, to pay an acturial equivalent series of payments on any one of the following options: (A) a refund basis, (B) payments ~for 180 coDsecutive months and life therea~fter, or (C) payments for his lifetime and thereafter during any remaining lifetime of a designated second person. In addition, the committee may detez~ine, in its sole discretion~ in lieu of fluctuating payments, to make payments of a fixed amount or a combination of fixed and fluctuating payments. Notice of any determinations by the cOmmittee shall be made in writing to the participant on or prior to the participant.'s retirement or te~nination of services. In the event of a participant's death, termination of services, or retirement so as to require payment of benefits under the plan, the com- mittee, in its sole discretion, may determine to substitute the transfer and assignment of any annui~y.-contract or contracts, which may have been purchased by the City in connection with such participant's participation in the plan, to the said participant, provided the City has actually acquired an annuity contract or contracts which provide the benefits due the participant or beneficiary. By usch action, all obligations of the City to make further payments to such participant will cease and expir~. For serious financial reasons, a participant ma~ apply to the com- mittee for withdrawal from th& plan. tf the committee approves the withdrawal, such withdrawal shall be treated as a termination of services as of the effective date of the withdrawal. Payments will be made upon such withdrawal in a lump-sum or in substantially equal monthly, quarterly, or annual installments over a period of up to five years from the date of the withdrawal, as determined by the committee in its sole discretion. Serious financial reasons shall include bankruptcy, impending bankruptcy, unexpected and unreimbursed major expenses resulting from illness to person or accident to person or property, and other types Of unexpected and unreimbursed expenses of.a major nature that would not normally be budgetable. A withdrawal for expenditures normally budgetable such as down payments on a home, purchase of an automobile, or college expenses will not be permitted. Section 13: The City may terminate or amend the plan at any time. No partici- pant Or his beneficiary shall have the right to sell, assign, transfer, encumber, or otheCwise convey any right to receive any payments under the paln. In addition, if the City shall acquire a variable annuity contract or any other asset in connection with the ]Liabilities assumed by it under the plan, neither a participant nor his beneficiary shall have any right with respect to, or claim against, such contract or other asset. Such contract or other asset shall not be held in any way as collateral security for the fulfilling of the obligations of the City under the .plan, but shall be a general, .unpledged, unrestricted asset of the City. OR~ CiTY 'OF PLAINVIEW City Clerk 174 ORDINANCE NO. AN APPROPRIATION 73-1370 ORD!NANCE " WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund Acct, 427 funds f0'r an approved project, and this ordinance deals with the daily ,HEREFORE, operation of City departments in the public interest' which creates an emergency: ~OW, -r ' BE iT ORDAINED BY THE CiTY COUNC'IL OF THE CITY OF.PLADiViEW: There is hereby appropriated out of the following described Revenue Sharing Fund Acct. 427 fund, to-wit: The sum $ 47,142.00 For the following purpose: Payable to 1973 Certificate of Obligation Debt Service Fund, ~41t Transfer of funds previously designated for purchase of refuse collection equipment. Funds to be deposited in debt service fund and invested. WHEREAS, an emergency exists as shown in the. preamble to this ordinance, the enactment of this ordi- nance is declared to be au emergency measure thereby creating a public necessity thai the rule requiring proposed ordinances to be presented at two (2) separate Comncil meetings be dispensed with; and this ordinance shall be effective from the date of its passage. ~ 's 2nd Passed by the Council on tnl _ ATTEST: Approved by: AND IT IS SO ORDERED day of,/ July , ~ -19273 ' Dirts ion Director Department Accounting Department ORIGINAL ORDINANCE NO. 73--1371 \ AN ORDINANCE GRANTING TO THE OPTIMIST CLUB OF PLA/NVIEW PERMISSION TO OPERATE CONCESSIONS IN DESIGNATED PARK ~REA OF TEE CITY OF PLAINVIEW PRESCRIBING THE CONDITIONS OF SUC].~ PERMISSION AND TRE TERM FOR WHICtt SAID PERMISSION IS GRANTED. WHEREAS, the Optimist Club of the City of Plainview has requested the City Council of the City of Plainview to grant them permission and franchise to operate concession stands for the purpose of selling cold drinks and confections and certain types of food in the City Park area of the City of Plainview; and WPfEREAS, said Optimist Club has represented that it will and intends to use the proceeds thereof for the purpose of promoting recreation sports and other activities for the youth of the City of Plainview; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF 'tqIE CITY OF PLAINVIEW: Section 1: The Optimist Club of the City of Plainview is hereby granted a franchise and permission to operate concessions for the sale of cold drinks and confections, sandwiches, hamburgers and such other type foods as is ordinarily sold in and around park areas where crowds gather for activities, subject howewer, to the conditions, limitations provided for in this ordinance. Section 2: The area for Which said franchise and permission is granted is as follows: ((~ Broadway Street Park 7th Street Park (C) 16th Street. Park (D) 12th Street Park (E) Migrant Park (F) lOth Street Park (G) Other parks as approved by the' DireCtor of Parks and Recreation or his agent. Section 3: ~ne term for which this franchise and permission is granted initially is to include the dates of July 1, 1973 ~through September 30, 1973, to allow for an evalua~tion of the performance of the concessionaire and to allow the concessionaire ~o cease his operations during the time when the park areas are not normally receiving maximum use. Section 4: That no permanent facility shall be ~sed during this time period, but that mobile type equipment shall be used on park-to- park basis to insure low initial investment.on the part of the con- cessionaire and to ~nsure that a permanent facility specifically designed- for concession typ~ sales shall not be erected on.park property until an evaluation of the initial operations is made. - "- Section 5: That the rights and privileges which shall be granted unto the concessionaire shall not include catering service to individuals or groups of individuals renting or leasing park building facilities or using park picnic areas or prevent any individuals or groups from bringing their own food and drinks into public park areas. Section 6: That the servicing and dispensin~ at such times .as~. the public requires, and the locations o:f such mobile carts or wagons or refreshment stands, and the wholesomeness and sanitation of all foods, refreshments, confectionery and beveragesbe.subject to the ,.approval of the Parksand Recreation Department and the City of Plainview ~ealth, Sanitation, and Zoning Codes. Section 7: That the concessionaire shall be resPonsible-.for the cleanliness of the concession area and shall'not permit garbage or ~other · refuse to accumulate or to gather in or about the mobile~cart or wagon 177 except~in suitable covered garbage receptacles which shall be provided by the Parks and Recreation Department. Section 8: T~at the concessionaire shall, at his own cost and expense, furnish and maintain in good usable condit±on, a sufficient amount of movable equipment including, but not limited to soda fountains, show cases, cash registers, ice cream cabinets, bottle coolers, popcorn machines, drink dispensers, refrigerators, coffee urns, tables, etc., as may be necessary to properly furnish the services as need and in a manner acceptable to the Parks and Recreation Department. Section 9: That the Parks and Recreation Department shall provide electrical power in locations where these utilities now exist or could be erected at a minimal cost mot to exceed $200 and shall-be contructed in a marmer acceptable to the Parks and Recreation Department. Section 10: That the concessionaire shall use either members of the Plainview Optimist Club or members of its sponsored Explorer Post or other ~ related personnel as needed to properly staff the various concession operations as operated in the parks. The concessionaire shall be responsible for the competency of all personnel staffing the various concession operations, whether they be volunteer or paid personnelf Section I1: That the Parks and Recreation Department shall be responsible for approving hours of operation and will govern such times according to public needs and demands. Section 12: That the various foodstuffs and confections including, but not limited to candies, popcorn, breads and soft drinks shall be of a high quality and subject to various specifications as determined necessary for the Parks and Recreation Department im keeping with the best interests of the public. 178 Ail prices shall be posted and competitive with prices as normally found at similar concession operations. ~ Section 13: That the rights and privileges which shall be granted shall not be transferable in nature and no as~signme~ or sub-contract shall be granted without permission~of the Parks and Recreation Department. Section 14: Provided however that the Optimist~Club shall indemnify and hold the City harmless from any and all acts of its agents, employees., or any other person aiding and assisting it in performing any act or function under the permission and franchise hereby given and shall ~fUrnish' the City of Plainview a certificate showing that it has in force(and it shall keep same in force at all times) a policy of liability 'inSurance with an insurance company authorized to do business'in the state of Texas in an amount of not less than $200,000.00 as protection of any liability for damages of said Optimist Club, its agents, employees or any other person assisting in the carrying out of any function authorized hereby~ and the same shall, in addition to protecting the OPtimist Club shall provide therein that it will also protee%~the said C%~y of~ Plainview. Section 15: Plainview Optimist Club shall, ~ithin fifteen (15)~days of the passage of this ordinance by the City CoUncil of the City of Plainview, file with the City Secretary a written statement signed in its name and Behalf by a duly authorized officer of Plainview Optimist Club in the following ~ form: ~ "The ttonorable Mayor and City Council of the City of Plainview: "Plainview Optimist Club, for itself, its successors and assigns, hereby accepts the attached Ordinance passed by the ~ity Council of the City of Ptainview the 2nd day of July _, 1973, and agrees to be bound by all of its terms and provisions. "Plainview Op~ist Club ~r'e s"i~e~t "Dated the 23rd day of . . July ., 1973." This ordinance shall become effective upon its passage and~approval as required by law, and acceptance by the Plainview Optimist Club as required in this Section 15. AND IT IS SO ORDERED PASSED AND ADOPTED TI{IS .2nd day~f July _, 19 73. yor, Cit~ of Plainvzew ATTEST: ~.~ City Secretary' :180 ORDINANC E NO. AN APPROPRIATION 73-1372 ORDINANCE WHEREAS, . the City Council of the City of Plainview finds it is necessary to appropriate certain' specific funds out of Running Water Draw Account 407 funds for an approved project, and this ordih~ce 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 ClTY~OF PLAINVIEW: There is hereby appropriated out of the following described Running Water Draw Account 407 The sums 1,495,00 For the' following purpose: fund, to-wit: Payable to Dorman & Company - ~: Bermuda grass seed for Running Water Draw.Regional Park 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 role requiring proposed ordinances to be presentc~t at two (2) separate Council meetings be dispensed with; and this ordinar~ce shall be effective from the date of its passage. Passed by the Council on this -ATTESTi - . AND IT IS SO ORDERED 6th . day of Augu~'t , ~ 1973 . Verified by:-~' CI FY MANAGER Approved by: Divis ion Director Department Accounting Department ORIGINAL 181 AN A?FROPRIATtON ORDINANCE NO; 73-1373 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 ~ 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 Revenue Sharing Account 427. fund, to-wit: The sums 250.00 Forthe followingpurpose: Payable to Kenneth Bond Remove debris and clear lot at 711 East 9th Project 49 (15/16 Acre out of M.A. Lowe Homestead) 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 hecessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance, shall be effectiwe from the date of its passage.. AND IT IS $0 ORDERED Passed by the C6uncil on this ATTEST: SECRETARY 16th .. day of July Verified by.'-~ CIT , ~ 1973 / Approved by: ORIGINAL Division Director Department Accounting Department AN APPROPRIATION ORDINANCE NO. 73-1374 ORDINANCE WHEREAS, . the City Council of the. City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 ~ 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 tT ORDAINED BY THE CITY COUNCIL OF THE.CITY OF'.PL~AINVIEW: There is hereby appropriated out ofthe following described Revenue Sharing Account 427 The sum $ 195.00 fund, to-wit: For the following purpose: Payable to Kenneth Bond Remove debris and clear lot at 2108 We~.t loth Project 55 (East 1/2 of lots 9 & 10, B'lk 2, Harris Malone) 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 ordinm?ce shall be effective from the date of its passage. Passed by the Eouncil on this AND IT IS SO ORDERED - / · 'July .... 16th day of '. , 1973 ATTEST: CITY: Approved by: Divis ion Director Verified by.'.~- CI'I 'Y MANAGER Department Accounting Department ORIGINAL o~...~. ORDINANCE NO. ~~.~ 73-1375 _,,.,?~_ ..~ AN APPRDPRIATION ORDINANCE WHEREAS, -the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 627 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 Revenue Sharing Account 427 fund, to-wit: The sum $ 250.00 Forthefollowingpu~ose:Payable to Kenneth Bond Removal of debris and cleaning of lot at 1203 Davidson Project No. 83 Lot 21-22, Blk 2, Frisco 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. AND IT tS SO ORDERED Passed by the Council on this 6eh . day of Au~gls_t , }~jCoX .' .197_3 . ATTEST:._ ,~,,~\ ~.~~ Verified by: ~ ~ CITY ~ Approved by: ~-j Division Director Department Accounting Department ORtGINAL i84 *~ '~'. ORDINANCE NO. '~7 : 73-1376 AN APPROPRIATION ORDINANCE W.HEREAS, the City Council of the City of Plainview finds i~ is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 ' 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 PLAtNVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 275.00 For the following purpose:Payable to Kenneth Bond Removal of debris and clearing of lot at'500 East 3rd Project No. 95 1.2 Acre Tract 20, Polete Smith .... · fund, to-wit: 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 Councit 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' · 6th day Of ~August .... ,~ 1973 . ATTEST: CITY :CRETARY ' Verified by: CIT~/ MANAGER Approved by: Division D/rector Department Accounting Department ORIGINAL 15.5 AN APPROPRIATION ORDINANCE NO. 73-1377 ORDINANCE~ WHEREAS, . the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deaIswith the daily operation of City departments in the public Lnterest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 10J:: THE CITY OF PLAtNVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The sum $ 395.00 For the following purpose: Payable to Kenneth Bond~ Removal of debris and clearing lot at 1617 Independence Project No. 17 Lot 9, Blk 24, NSLS __ WHEREAS, an emergency exists as shown in the prea:mble 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 pass'age. AND IT iS SO ORDERED Passed by the Council on this ATTEST: CITY SECRETARY 6th day of. August ,X~ 1973 Verified by% Approved by: Division Director Department Accounting Department ORIGINAL 186 ORDINANCE NO. 7B-:L378 AN APPROPRIATION ORDINANCE WHEREAS, . the City Council of the City of Plainview fi~d~ it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 \ funds for an approved project, and this ordinance deals with the daily operation of City departments in-the public interest which cr_e~tes an emergency: ~07/~ THEREFQRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVtEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 --fu~d, to-wit: The sum $ 265.00 --~ . 5. - For the following purpose: Payable to Kenneth Bond Removal of debris and clearing lot at 1300.Yonkers : Project NO. 50 Lot 11, Blk 1, Vinson }~HEREAS, 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 6th AND IT IS SO ORDERED day of August: ¥ i973 ATTEST:' c Approved by: Division D}rector Verified by:-- CIT~ Department Accounting Department ORIGINAL 8.7 AN APPROPRIATION ORDINANCE NO. 73-1379 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropd?e certain specific funds out of :Revenue Sharing Account 427 funds fox' an approved project, and this ordinance deals with the daily operatioa of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAtNVtEW: There is hereby appropriated out of the following described Revenue Sharing .Account 427 fund, to-wit: The sum $ 550.00 For the following purpose: Payable to John Thrasher Removal of debris and clearing of lot at 2001 N. Columbia' Project No. 34 East 7 1/2' of 24, all of 25 & 26, Bik 1, Huston 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 ATTEST: AND tT IS SO ORDERED CITY Approved by: 6th 1973 day of -- August \ Verifiedby:' C~IT!_A~-'NAGER Division Director Department Accounting Department ORIGINAL ORDINANC E NO. AN APPROPRIATION 73-1380 ORDINANCE 'WHEREAS, the City Council of the City of Plainview finds, it is necessary to appropriate,certain"specific funds out of Revenue Sharing Account 427 '~ funds fo~ an approved project, .and this ordinance deals with the'daffy 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 Revenue Sharing Account 427 ' fund, to-wit: The sum $ 500.00 For the following purpose: Payable to 'John Thrasher Removal of debris and-clearing lot.at` 1613 Joliet Project No. 33 ' - Lot 7, Blk 25, NSL$ - - 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 0rdinanc~ to be presented at two (2) separate Council meetings be dispensed with; and this ordinaqce shall be effective from the date of its passage. ." AND IT IS SO ORDERED Passed by the Council on this 6th day of ' AuguSt ~TTEST: ..... CI' Approved by: Divis ion Director Department ORIGINAL Accounting Department 18,9 AN APPROPRIATION ORDINANCE NO. 73-].381. ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, an~ this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, YMEREF:ORE, BE iT ORDAINED BY THE CITY COUNCIL OF: THE CITY OF: PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 150.00 fund, to-wit: For the following purpose: Payable to John Thrasher Removal of debris and clearing lot at 1517 N. Austin Project No. 23 Lot 18, Blk 7, Wye #2 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 ATTEST: CITY SECRETARY AND IT IS SO ORDERED 6th day' of August MA/OK / Verified byM Approved by: Division D kector , Xg~ 1973 Depattnment Accounting Department ORIGINAL 190 ORDINANCE NO. AN APPROPRIATION ORDINANCE 73-1382 WHEREAS, the City Council of the City of Ptainview finds it is necessary to appropriate certain specific finds out of Revenue Sharing ~ccount 427 ', - funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NO'q, THERE. MORE, BE rr ORDAINED BY THE CiTY COUNCIL OF THE CITY O_t= PLA1NVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 ffund, to-wit: · The sum $ 75.00 For the fottowingpurpose: Payable to John Thrasher Removal of debris and clearing lot at .10t SE 6th Project No. 60 Lot 25, Blk B, Thames ' ' ' :' ' 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 hecessity 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 . 6th day of . Al&gust 1973 ATTEST: CITY SECRETAR Approved by: ORIGINAL Division Director ~ Department Accounting Department 191 ORDINANCE NO. __73-1383 AN ORDINA~NCE ESTABLISHING A POLICY , TE~MS, RATES, FEES ,~ CONDITIONS AND METHODS TO BE FOLLOWED IN EXTENDING WATER AND SANITARY SEWER LINES IN THE CITY OF PLAINVIEW, TEXAS: PROVIDING FOR RATES FOR EXTENSIONS; PRO- VIDING FOR EXTENSION OF WATER AND SEWER LINE FOR INDIVIDUAL OWNERS; PROViD]iNG FOR INDUSTRIAL OR COMMERCIAL EXTENSION; PROVIDING FOR CHARGES TO BE CREDITED TO WATER AND SEWER PRO-RATA FUND;'PROVIDING FOR EXTENSION OF WATER AND SEWER LINES FOR DEVELOPMENT OF PROPERTY; PROVIDING FOR REFUNDS; PROVIDING CERTAIN EXISTING I~PROVED PROPERTY EXEMPT; PROVIDING FOR PRIOR AGREEMENTS OR CONTRACTS; PROVIDING FOR THE INTENT AND PURPOSE OF THiS ORDINANCE; PROVIDING FOR INEQUITIES AND GRANTING NO VESTED RIGHTS; PROVIDING FOR SANITARY SEWER SERVICE TAPS AND FEES; PROVIDING FOR WATER SERVICE CONNECTIONS AND FEES; PROVIDING FOR RATE ADJUSTMENT; REPEALING ORDINANCE NO. 65-889 AS AMENDED BY ORDINANCE NO. 66-928; PROVIDING FOR VALIDITY AND SEVERABILITY; PROVIDING A PENALTY; AND PRO- VIDING FOR PUBLICATION OF THIS ORDINANCE~ 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, an.d will better serve public necessity, convenience and welfare; Therefore _ BE IT ORDAINED BY THE CITY COUNCIL OF ~LE CITY OF PLAINVIEW ARTICLE 1. EXTENSION OF WATER~D SEWER MAINS Section 1.1 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 orderto 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 ~ny 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: $3.00 per front foot of the lot or tract of land to which water connections may be made. $3.00 per front foot of the lot or tract of land to which sanitary sewer connections may be made. (These rates are subject to adjustment: as set forth in Section 1.12 of this ordinance.) 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 -1- 'thr6ugh 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. ~ere lots or tracts are irregular in size or shape, then t.he pro-rata charge shall be based upon equivalent rectangular lots or tracts using one front foot for each 120 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 extensions are required to service same, the terms of this ordinance shall apply. Section 1.2 Extension of water and sewer lines for individual owners. Upon request of the owner of a lot, parcel, 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 ~'he payment of the charges due under this ordinance, the City of Plainview may extends.lay or construct all~ necessary sanitary sewer and/or water mains, including necessary appurtenances, a maximum distance of 150 feet 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 o~aer to be served shall be required to pay the charges herein provided for. The owners of all intervening property served by the said 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~formain extension, he shall pay the pro-rata-charges on all property owned by him and which is served by the extension req~estedo 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 h~ving other than a ~emporary water and/or sanitary sewer service, and for Which the pro-rata charges thereon have been paid or credited under the terms of this ordinancem An exception to the above 150 foot rule shall be made where two or more individual applicants desire water and/or sewer service and the nearest applicant is more than 150 feet from existing lines. In this case, the C~ty 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 .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 methodsh'all be available only for use by an individual owner, personals.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- Published Every Afternoon Except Saturday With Enlarged Sunday Morning Edition Plainview Da 'l)f HeraM PUBLISHED BY ALLISON ( 801 BROADWAY -- PHONE CApitol 4-4343 -- P. Plainview, Texas 7P072 THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day . .M..e..r..~.i .q..5. ~. O. ~ .~ ....................................... .A.d.v.e.r.ti.s. in ~. M a n a ~ (Title) of the Plainview Daily Herald, a newspaper of general Hale County, Texas, who stated on oath that the attached lished in said newspaper on each of the following dates, to-wit: ... August 1 O, ....................... i .................. '"'"'~'"'J'""~ .......... ~' ......................................... ~ (Title) Fee: $24.84 per issue SUBSCRIBED AND SWORN TO BEFORE ME this .... .~..6. ........ day of ^ u.g..u..s..~ ........ A.D., 19..7..3. ........ ~otary Public, Hale County, T~ The Best Investment For Your Advertising Dollar ~3.00 per front foot for water extensions and $3.00 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 con- nected to the said main extension~ then, in that event, the pro, rata advanced on both sides of the street for the frontage of the connecting 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 applicant 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. (These rates are subject to adjustment as set forth in Section 1.12 of this ordinance.) Section 1.3 Industrial or commercial extension, Where extension is requested by an industry or commercigl 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 0fthe pro-rata due under 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 year~. Section 1.4 Charges to be credited to Water and Sewer Pro-Rata Fund. Any and all sums of money hereinafter collected as a pro-rata charge of 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. Definitions: (1) On-Site Main: Water and/or sewer mains totally within or adjacent to a tract of land to be subdivided or developed forresale. (2) Off-Site Main: Water and/or sewer mains total%y outside of a tract of land 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) City Representative: The person or individual designated by the City Council of the City of Plainview to perform the duties and responsibilities .of City Representative as set forth in this ordinance. -3- lf 4 (5) 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. (6) 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 tosuch pr°pe~ti~si0n the following basis and in accordance with minimum standards and procedures described below. Where property has baen subdivided or platted for development and resale, the developer shall lay, install and/or construct water and/or saDitary sewer lines on all of the subdivided or platted property at the sa~;e~.time. (1) Exfension within property to be developed. (a) Developers of such property.~hall defray the entire Cost of water and sewer systems within their subdivisions except that the City 0f-Plainview will refund t00% 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 m~d~.:. (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~plain~iew and at such time as adjacent property is platted and connected to said water mains and sewer lines. (2) For mains larger than 8 inchas for water a~ 8 inches for sewer, the developer will be refundedl00% of the difference between the evalUated-Co'st of such water and/or sewer main and 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 a sum equal to the evaluated cost of an 8 inch water main or 8 inch sewer line~ or such sizes ~s are required to serve the subdivision. Refunds for over-size cost will be made upon acceptance of the system by the City of Plainview and for 8 inch portion as in (1) above. (3) Where water and/or sewer mains lie along onle or more sides of a subdivision and serve the subdivlision exclusively, such mains shall be considered on-site mains. (2) ~ere main is in place or adjacent to the property to be developed: (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 res~le, before extensions from or connections to'such line sh~ll be made by a developer, he shall pay to the .City of Pl~inview $6.00 per linear foot of water line and $6.00 per linear foot of sewer line, or the evaluated cost of ~ 8 .inch water line or an 8 inch sewer line, whichever zs least. Should such main~ lie along the subdivision and serve one side only, one-half of these costs shall b unless such lines serve the subdivision in que exclusively. Such money shall be paid to the Sewer Pro-Rata Fund and will constitute a char of such water and/or sewer main in place. (These rates are subject to adjustment as set Section 1.12 of this ordinance.) paid ~tiom ~ater and e for use 'orth in (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 Plainvie~ may extend such facilities to the nearest subdivision property line 'within the following limitations: (1) Water and sewer lines off-site will be co¢ at the expense of the developer requiring extension provided, however, the City of ] will refund 100% of the cost of such line~ 'as evaluated ~y the prices established in of this ordinance at such time as 85% of available to these extensions off-site, pl the available frontage within the subdivi: connected a bona fide customer. Where th~ mains side property making refund unlikel: property siding on lines shall be considel where served at frontage. .structed such 'lainview ~off-site Section 1.5 d :he frontage .us-85% of ~ion, has ~ approach ~, such Jed connected -5- ~. 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 sub- division to the City of Plainview, the plat of~which has been finally approved by the City Planning and Zoning..Commis_sion~ 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 ~y the CitY 'of Plainview, a developer.~Qf 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 ~he plans and profileTs" mu~t be ~ a Registered Professional'Civit orSanitary Engineer in the State of Texas, and he must affix his seal and sig- nature 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 recorded 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 repro- ducable tracings shall be~submitted to theCity Representative, to 'become part of the permanent files of the City of Plainview. Upon .approval-of~the~ plansby the City Representative, all plans and profiles along with the City's standard specifications shall be submitted to the Texas State Department of Health or other appropriate state agency having approval jurisdiction for approval. Upon approval of the plans by the City Representative and appropriat~ state mgencieS, thedeveloper'-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, sha~l be -- -6- supervised by the inspectors for the City of Plainview to see that the installation is made in accordance with the plans a~d the City's standard specifications which, in every instance, shall be a part of said installation contract. When the project isU-ready for construction, line and grade stakes shall be set b~ a registered Professional Engineer; but these stakes shall not be set until after the developer's 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 subdivision, 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~devetoper 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 Citj of Plainview shall be named as one of the obligees in such bonds° In the event the developer makes the installation him- self, then he shall execute said performance and payment bonds in favor of the City of Plainview in the same form and conditioned in the .same manner as provided for in the standard contract docUments used by the City of Plainview in maki~ag 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) inchesin size and sewer lines over eight (8) inches in size. (b) By City Contract: (1) A developer of an. addition or subdivision may deposit with the City.the total Cost of such extensiQns required to serve his property, including the cost df approach or off-site mains fronting property not owned by the developer, if required by the provisions of Section 1.5 b3 of this ordinance° Such total cost shall be cal- culated by use of the Prices set forth in Section 1.5 d of this ordinance as adjusted according to the terms of Section 1.12 of this ordinance. The City of Plainview -7- 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 developer is responsible. Refundable amounts for Off- site costs or oversize costs will be determined and refunded or assessed as seg"forth~in Section 1o5 d of this ordinance; however~ in no case to exceed more than the actual cost of this section of the installa- tion. (2) At the option of the develope~ Of an addition or sub- division, such developer or his agent.may deposit with the City a "pro-rata payment" equal to the sum of the on-site, along-site and off-site pro-rata charges calculated as follows': (a) On-site pro-rata .charges shall be equal to the product of th~ total front footage within the- addition or subdivision calculated as .set forth in Section 1.1 times $3.00 per front foot for water extensions and $3.00 per. front' foot for sewer extensions. PrO-ratapayments made for on-site charges shall not be refundable ~nless~the plat of such addition is not filed of record and the water and/or sewer extensions for such addition are for that reason not construc6ed.. (b) Along-site pro-rata ~harges shall be equal to a~ additional pro-rata charge equal to the product of the front foOtage within the addition or sub- division to be served by extensions constructed alon-g the edge of such addition or plat times $3°00 per front foot for water extensiOns and $3.00 per front foot for sewer extensions~ Refunds of charges paid. under the terms of this paragraph will be made at the rate of $3~00 per front foot for water extensions and $3~00 per front foot for sewer extensions for each front foot Of'property later platted along and served by such along-site water and sewer extensions° No refunds will be made fOr along-site water and/or sewer extensions which serve the addition or subdivision exclusively. (c) Off-site pro-rata charges shall be equ~l to the product of the~total length of off-site water and/ ormewer extensions required to serve th~ addition or subdivision times $6.00 per linear foot for. water extensions and $6,°00 per linear foot for sewer extensions: One hundred per cent (100%) refund of charges paid under the terms of this -8- 199 paragraph will be made at such time as 85% of the frontage available to these extensions off-site, plus 85% of the available frontage within the addition or subdivision, 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 and connected at frontage. (The above pro-rata rates are subject to adjustment as set forth in Section 1.12 of this ordinance.) Upon the deposit of the "pro-rata payment" as set out above, the City of Plainview.will construct water and sewer extensions necessary to serve the addition or platted area. d. Evaluate prices for determination of over-size cost and off-site facilities: Water Mains and Appurtenances: For 4" cement lined, class 150, cast iron water pipe, asbestos cement 1.90 For 6" cement lined, class 150, cast iron water pipel asbestos cement 2.40 For 8" cement lined, class 150, cast iron water pipe, asbestos cement 3.40 For 10" cement lined, class 150, cast iron water pipe, asbestos cement 4.80 For 12" cement lined, class 150, cast iron water pipe, asbestos cement 6.20 For 14" cement lined, class 150, cast iron water pipe, ~asbestos cement 8.80 For 16" cement lined, class 150, cast iron water pipe, asbestos cement 10.40 For a standard three-way 6" fire hydrant, traffic model 370.00 Fittings (per ton) 1~000.00 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 16" gate valves and boxes 130.00 160.00 230.00 330.00 430.00 860~00 1~130.00 The unit prices above are inclusive of all concrete, wet connections, gravel foundations and grad~lar backfill which may be necessary. -9- 200 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 6' depth For extra depth manhole per foot over 6' depth For manhole drop unit For standard cleanouts 3.30 5.00 7.00 9.00 11.00 13.00 16.00 20.00 260.00 50.00 200.00 60.00 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 as set forth in Section 1.12. The refunding rates based on the evaluated prices set out above are sho~n as "Appendix A" and "Appendix B" to this ordinance for water and sewer, resp~ctively~ · Any developer desiring to make the installation of water and sewer lines, or either of them, shall file a letter in writing 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. , · ~ 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 ocdinance 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 exe.mpt. ' Ail property within the city limits as of the first (lst) day of March, 1965, shall be exempt from the pro-rata charges specified herein. -10- Section 1.8 Prior agreements or gontracts. 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 Pu_~ose of Ordinance; where front foot ~ule inequitable; no vested r~ghts_. 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 purpose of this ordinance. No person shall acquire any vested rights unde~ the terms and provisions of this ordinance. Section 1.10 Sanitary sewer service taps and fees. The City of Plainview may install and maintain all sewer taps from the City sewer mains to the nearest property or easement line, bo{h 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 depart- ment and shall be at the following rates or basis: House Lateral Service Charges (Sewer) except in business areas: Where alley or street is paved $165.00 Where alley or street has earth or gravel surface $ 65.00 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. 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 o~tside city limits of the City of Plainview. Section 1.tl Water service connections and fees~ 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 -11- 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 85.00 125.00 25O.00 425.00 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 ~nstallation 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 orparti~s from whom the deposit was received. The above flat rate charges, and the-es.~imates of cost on all service connections larger than two (2")inches in dSameter~shall include all costs incident to making the installation of the service connection required. The Street Department shall make the necessary pavement repairs', the cost of same-to be included in the cost 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 out- side the city limit~ of the City of Plainview. Section 1.12 Rate Adjustment. The rates and prices set forth in Sections 1.1, 1.2, 1.4, 1.5, 1.10, and 1.11 of this ordinance shall be reviewed annually by the City staff on or before June 1 with such adjustments being made to such rates and .prices as are necessary' to incorporate the then current prevailing costs of construction of the items or -12- extensions involved. The revisions resulting from such review shall then be presented to the City Council of the City of Plainview for consideration and adoption prior to August t of that year to become effective on October 1 if so adopted. (a) Water and Sewer Pro-Rata Rates shall be determined by means of using the following typical extension estimates using the then current prevailing costs of construction: (!) Typiaal Water Extension for 600' Block: Item 10" A.C. Class 150 Pipe 6" A.C. Class 150 Pipe 4" A.C. Class 150 Pipe 10" Gate Valve & Box 6" Gate Valve & Box 4" Gate Valve & Box Fire Hydrant Wet Connection C.I. Fittings quantit~ Current Unit Price Amount 345 L.F. @ $ = $ 5L.F. @ $ =$ 665 L.F. @ $ ,.. = $. 1Ea. @ $ = $ 1Ea. @ $ = $ 2Ea. @ $ = $ 1Ea. @ $ = $ 1Ea. @ $ = $ 0.4 Tons @ $ " = $ TOTAL ESTIMATED COST = $ Cost per front foot = Total Amount = $ = $ 1200 Front Feet 1200 Pro-Rata Rate for water extensions shall'be the above determined cost per front foot rounded off to the nearest 1/10th dollar. (2) Typical Sewer Extension for 600' Block I-tam ~uantit~ 8" V.C. Pipe, 12'-14' Depth 6" V.C. Pipe, 0'- 6' Depth 6" V.C. Pipe, 6'- 8' Depth Manholes, 0 '-6 ' Depth Manholes, Additional Depth Manhole Drop Units Cleanouts Current Unit Price Amount 345 L.F. 300 L.F. 300 L.F. 2Ea. 9 V.F. @ $ 4V.F. 1Ea. =$ =$ =$ _-$ =$ _-$ =$ TOTAL ESTIMATED COST = $ Total Amount $ . : $ Cost per front foot = 1200 Front Feet = 1200 -13- Pro-Rata Rate for sewer extensions shall be the above determined cost per front foot rounded off to the nearest 1/10th dollar. Off-site Pro-Rata Rates for water and sewer extensions shall be twice the respective Pro-Rata Rates established in this Section and adopted by the. City Council of the City of Plainview. ARTICLE' II. REPEAL Ordinance No. 65-889 as amended by Ordinance No. 66-928 of the City of Plainview is hereby repealed. ARTICLE III. VALIDITY ~ND SEVERABILITY If for any reason amy 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 unconstitu~ tional. ~ 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 ptmished 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' The City Clerk is authorized and directed to publish the descriptive caption of this ordinance in lieu of publishing the entire ordinance. PASSED AND APPROVED this the ATTEST: 6th day of August / / , A.D., 19 7.~3~~. ~etary -14- APPENDIX A SCHEDULE OF WATER MAIN INSTALLATION REFUNDS NAME OF SUBDIVISION: NAME OF DEVELOPER: Attached to this schedule is a detailed sketch showing the watArmains, valves, and fittings to be installed. On site extensions: 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. 16" C.I. or A.C. Pipe Ea. 10" Gate Valve & Box Ea. 12" Gate Valve & Box Ea. 14" Gate Valve & Box Ea. 16" Gate Valve & Box .Refundin~ Rate Section 1.5b (la) (oversize) 1.20 2.80 5.40 7.00 100.00 200.00 630.00 900.00 Total Refund Tons Fittings (Calculate on basis of difference between 8" and %arger size) Total Amount of Refund Due Under 1. 1,000.00 Along Site Extension, s: Section 1.5b (lb-l) (8" and smaller) 0.95 1.20 1.70 65.00 80.00.. 115.00 Ft. 4" C.I. or A.C. Pipe Ft. 6" C.I. or A.C. Pipe Ft. 8" C.I. or A.C. Pipe Ea. 4" Gate Valve & Box Ea. 6" Gate Valve & Box Ea. 8" Gate Valve & Box Water 1 of 3 Ea. 6" Fire Hydrants 185,00 Tons C.I. Fittihgs 8'?' and smaller 1/2 of 1,000.00 or 500.00per ton Total AmOunt Due Under 2. Along Site Extensions: Section 1,Sb '(lb-2) (oversize) Ft.. 10" C,I. or A.C, Pipe 1.20 Ft. 12" C.I. or A.C. Pipe 2.80 5.40 7.00 100.00 Ft. 14" C.I. or A,C. Pipe Ft. 16't C.I. or A,C. Pipe Ea. 10" Gale Valve & Box Ea, 12" Gate Valve & Box Ea. 14" Gate Valve & Box Ea. 16" Gate Valve & Box 200.0,0 630.0.0 900.00' Tons Fittings 8" and larger (Calculate on basis of difference between 8" and larger size) 1,000..O0Per ton Total Amount of Refund Due Under 3. Off Site Extensions: Section 1.5b (3) . Refundable' when 85% of frontage plus"-85%.~of subdivi'si0n are conn~¢ged, Ft. 4" C.I. or A.C. Pipe 1.90 Ft.' 6" C.I. or A.C. Pipe 2.40 Ft. 8" .C.I. or'A.C, Pipe 3.40 Ft, 10" C.I. or A,C, Pipe Ft, 12" C.I. or A.C, Pipe Ft. 14" C.I. or A,C. Pipe 4.80 6.20 8.80 10.40 130.00 160.00 Ft. 16" C.I. or A.C. Pipe Ea. 4" Gate Valve & Box Ea. 6" Gate Valve & Box Water 2 of 3 Ea. 8" Gate Valve & Box Ea. 10" Gate Valve & Box Ea. 12" Gate Valve & Box Ea. 14" Gate Valve & Box Ea. 16" Gate Valve & Box Ea. 6" Fire Mydrants Tons Fittings 230.00 __330.00 430.00 860.00 ~, z_.,13o.oo 370.00 ~000.00per ton Total Amount of Refund Due Under 4. (Within ten [10] years from date of Utility Contract~) Total Amount of All Water Installation Refunds Due In Accordance With Terms of Pro Rata Ordinance Prepared by:. Approved: Date Date Water & Sewer Engineer Approved: Approved: Approved: City Manager City Coumcil Developer Date Date Date Water 3:'-.~f 3 APPENDIX B SCHEDULE OF SEWER MAIN INSTALLATION ~FIIND NAME OF SUBDIVISION: NAME OF DEVELOPER: Attached to this schedule is a detailed sketch showing the-sewer mains, manholes and cleanouts to be constructed: Refunding Rate On Site Extensions: Section 1.5b (la) (oversize) Ft. i0" V.C.P. 2.00 Total Refund Ft. 12" V.C.P. 4.00 6.00 Ft. 15" V.C.P~. Ft. 21" V.C.P. 8.00 ll. O6 15.00 Ft. 24" V.C.P. Ft. Extra Manhole Depth on 10" and larger mains only 50.00 Total Amount of Refund Due Under 1. Along Site Extensions: Ft. 6" V.C.P. Section 1.5b (lb~l) (8" and smaller) 1.65 Ft. 8" VoC.P. 2.50 130.00 25. O0 100.00 Each Standard Manhole Ft. Extra Depth manholes 6" to 10" Sewers Manhole Drop Units Total Refund Due Under 2. Sewer 1 of 3 e Along Site Extensions: 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. Standard Manholes on t0" and Larger Mains only Ft. Extra Man'hole depth on 10" and larger mains only Manhole Drop Units Total Amount of Refund Due Under 3. Section 1.5b (lb-2) (oversize) 2.00 4.00 6.00~ 8.00 11.00 15.00 130.00 25.00 100.00 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. ~nho-les Ft. Extra Depth Manholes Manhole Drop Units Total Amount of Refund Due Under 4. 3..30 5.00 7.00 9.00 11.00 13.00 16~00 20.00 260.00 50.00 200.00 Within ten (10) years from date of Utility Contract. Sewer 2 of 3 210 Total of all sewer installation refunds due - in accordance with terms of Pro Rata Ordinance prepared by: ApproVed: Water & Sewer Engineer Date Date Approved: Approved: Approved: City Manager City Council Developer Date~ Date Date Sewer 3 of 3 AN ORDINANCE AMENDING ORDINANCE NO. 72-1276 OF~THE CITY OF PLAIN-VIEW BY AMENDING THE PROVISION OF SECTION 5 THEREOF 'SO AS TO PROVIDE THAT THE TAPPING FEE FOR CONNECTION WITH THE CITY WATERWORKS SYSTEM SHALL BE THE ;=MOUNT AND THE RATE PROVIDED FOR IN ORDINANCE NO. 73-/7 ~. { REFERRED TO AS THE "PRO RATA ORDINANCE" OF THE cITY OF PLAtNV~E~. WHEREAS, Ordinance No. 73T /5 ~/~_ known as the "PRO RATA ORDINANCE" of the City of Plainview has been amended so as to pro- vide the amount charged for tapping fees to the City Waterworks System; and WHEREAS, the same constitutes conflict with Section 5 of Ordinance No. 72-1276; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Ordinance No. 72-1276 is hereby amended by changing the wording and provisions of Section 5 thereof, and said Section 5 of said Ordinance No. 72-1276 shall hereafter read and be as follows: "SECTION 5: The tapping fee for connection with the City Waterworks System' of the City of Plainview shall be the amount and at the rate as provided in Ordinance No. 73- /'~ ~._~ of the City of Ptainview (and known a~ the Pro kata Ordinance) and all amendments to said ordinance per- taining to the charges to be made for the tapping or connection with the Waterworks System of the City of Plainview, Texas." SECTION 2: Said Ordinance No. 72--1276 in all of its provisions, except as amended hereby, is hereby ratified and confirmed. ATTEST: PASSED AND ADOPTED this the 6th day of August, 1973. D. STO~Y~EItAM~ MAYOR M. L. REA, CITY CLERK AN ORDIbI~NCE A~NDING ORDINANCE NO. 72-1277 OF THE CITY OF PLAINVIEW BY APlENDING THE PROVISION OF SECTION 4 THEREOF ',SO 'AS TO 'PROVIDE THAT THE TAPPING FEE FOR CONNECTION WITH THE CITY' SANITATION SEWER SYSTEM SHALL BE THE AMOUNT AND THE RATE PROVIDED FOR IN ORDINANCE NO. 73'~ / -~ ~ ~ REFERR21D TO AS THE "PRO RATA ORDINANCE" OF THE CITY OF PLAINVIEW. WtLEREAS, Ordinance No. 73-/ ~? ,~ known as the "PRO RATA ORDINANCE" of the City of Plainview has been amended so as to pro- vide the amount charged for tapping fees to the-City SanitarM Sewer System; and WttERE~S, the same constitutes conflict with Section 4 of~ Ordinancg No. 72-1277; NOW THEREFORE, ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Ordinance No. 72-1277 is hereby amended'by changing ~the wording and provisions of Section 4 thereof and Section 4 of said Ordinance No. 72-1277 shall here~ft~ read and be as follows: "SECTION 4: The tapping fee for connection with the City SanitarySewer System of the City ~f Plainview shall be the amount and at the rate as provided in Ordinance No. 73-~ of the City of Plainview (and known as the Pro Rata Ordinance) and all amendements to said ordinance pertaining-to the charges to bemade of sewer connection." SECTION 2: Said Ordinance No. 72.-1277 in all of its other provisions except as amended hereby, is hereby ratified and con- firmed. PASSED AND ADOPTED this the 6th day of August, A. D. 1973. /J~N' D- ST-O~E~ ~H2~,~YOR, CITY OF ~AINVI:EW ~ ATTEST: M. L. REA, CiTY CLERK, CItY OF PLAiNVIEW 2i4 ORDINANCE NO. 73- 1386 AN OtLDINANCE PROVIDING FOR TWO HOUR PARKING ON TILE SOUTH SIDE OF 7TH STREET BETWEEN BALTIMORE STREET Ab~ AUSTIN STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Whereas, Section 1, Schedule % of Ordinance No. 71-1154 limits.= the parking of vehicles on certain streets and in certain districts as set out in Schedule 1, 2, 3 and 4 thereof; and said Ordinance as amended shall remain in full force and effect except as modified and amended by this Ordinance.' That a portion of Schedule 1 in Section 1 of said Ordinance No. 71-1154 of the City of Plainview which reads as follows: "SCHEDULE 1 STREET INCLUSIVE BLOCK EXTENT SIDE Seventh 200 Blk. West Austin West 208 Feet South" is hereby amended so as to hereafter read as follows: "SCHEDULE 1 STREET~' INCLUSIVE BLOCK EXTENT SIDE Seventh 200 Blk. West Austin West to Baltimore South" SECTION 2: The said Ordinance No. 74-1154 and all its terms, provisions and conditions are hereby ratified and confirmed.except that the above amendment shall be incorporated in Schedule 1 of Section 1 of Ordiance No. 76-1154. SECTION 3: PENALTY FOR VIOLATION. Any person who shall violate or fail to comply with any of the provisions of this amendment to said Ordinance No. 71-1154 shall be punished as pro- vided in Section 16 of said Ordinance No. 71-1154 of the City of Plainview. SECTION 4: In all other respects Ordinance No. 71-1154 of the City of Plainview, Texas, together with all its terms and provisions are hereby ratified and confirmed and shall remain in full force and effect. PASSgD AN~ APPROVED this ATTEST: 6th day of August, 1973. .FHN D. STOIqEHA~, Mayor 216 ORDINANCE NO. 73-/~ ~.~ ~ AN ORDINANCE RATIFYING Ah~ CONFIRMING CONTRACT AND AUTHORIZING ISSUANCE OF $ 75,000.00 "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973, DATED eAPRIL 1, 1973 " THE ST~%TE OF TEXAS COUNTY OF }IALE CITY OF PLAINVIEW ON THIS the 6th day of August, 1973, the City Council of the City of Plainvi~w, Texas, convened in regular session at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting, giving the date, place and. subject thereof, having been posted'as prescribed by Article 6252- 17, Section 3A, V.A.T.C.S., there being present and in attendance the following members, to-wit: ~ KELTZ GARRISON MEDLIN CARPENTER ) MEAL WILLI~XfS ) RICHARD CROSS ) JACK OSWALD ) with the following absent: ALDERMAN AN~ MAYOR PRO TEM ALDERMEN John D. Stoneham constituting a quorum; and among other proceedings had were the following: 'The Mayor Pro Tem introduced a proposed ordinance. The ord- inance was read in full. Alderman Williams made a motion that any rule requiring ord- inances to be read more than one time or at more than one meeting be suspended. The motion was seconded by Alderman CaCpen~er and carried by the following vote: 217 AYES: Aldermen Garrison, Carpenter, Williams, Cross and Oswald. NOES: None. Alderman Williams made a motion that the ordinance be passed finally. The motion was seconded by Alderman Carpenter and carried by the following vote: Alderman Garrison, Carpenter, Williams, Cross and AYES: Oswald. NOES: None. The Mayor Pro Tem 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, ratifying and confi~ning contract for the ac- quisition of 3 each, 25 C. Y. Front Loading Collection Refuse Body Units; 2 each, 28 C. Y. Side Loading Re- fuse Collection Body Units; and 2 each, 32 C. Y. Side Loading Refuse Collection Trailers in order to in- crease the sanitation collection ability of the-City Sanitation Department; providing for the issuance of interest-bearing certificates of obligation for the purpose of paying all or a portion of the cost of such equipment, enacting provisions incident and relating to this ordinance; and declaring an emergency~ ~HEREAS, by resolution heretofore adopted by this City Council on the 27th day of November, 1972, the City Manager caused notice of the City's intention to receive bids for certain refuse collection equipment to be published in the Plainview Daily Herald on the 29th day of November , 197 2 , and the 6th day of December , 197 2 ; and WHEREAS, in response to said advertisement bids were received, opened, read and tabulated in accordance with the aforesaid notice, and the City Manager has reported to this Council that the lowest and best bid was submitted by PAK-MOR M_A~MUFACTURING COMPANY and there has now been submitted to this Council the proposal and form of contract executed for and on behalf of said Contractor, such in- strument being as follows: PROPOSAL SPECIFICATIONS AND CHECK LIST FOR FURNISHING SIDE LOADING REFUSE COLLECTION TRUCK BODY OR BODIES FOR THE CITY OF PLAINVIEW, TEXAS Honorable Mayor and City Council City of Plainview P. O. Box 520 Plainview, Texas Gentlemen: Pursuant to the Notice to Bidders and in accordance with the Conditions of Proposal and the Following Specifications, the undersigned proposes to furu~sh and install one or more Side Loading Refuse Collection Truck Bod~, complete, as indicated below. The undersigned indicates conformance or exception to the Specifications by check marks in' boxes or spaces provided with Specificatio~s below. Exceptions to the Specifications are li'sted and explained fully on the attached sheet or sheets. UNIT OFFERED: Make: PAK-,tt0R Model Capacity: 28 Length of Body: Height of BodY: Outside Width: Weight, Complete: _ Cubic Yards 20'8" I0,000 l~s. Requirement s Unit Meets Requirements Yes' No BODY: 1. MinSmum 28 cubic yard capacity, excluding hopper where separate [ ] Body shall be stationary-mount type, non- tilting for unloading. Body shall be designed for mou~ting on a standard truck cha~:s~s having a minimum cab-to-axle dimension of 140" [.~]' [ ] [ t/J/ [ '] Bo~ly shall, be con~;tructed of high qualit~y steal suf~iciently ~.~.~crced to withstand pressures exerted during packing df refus~e t Page 1 of 9 J 10. 11. Requirements Body shall be designed for straight ejection unloading over entire width and length in. one continuous motion Body shall be equJ. pped w~th refuse retaining device to hold compacted refuse in place after compaction Body shall be equipped with hinged unloading doors at rear with heavy duty' latches, water tight seals, reinforced high tensile steel construction adequate to withstand packing pressl~res Adjustable loading doors shall be located on each side at front of body, suitable foc manual loading and of sufficient size to receive large items, brush and tree tri~mn~ings; height of opening to be as low as possible Container loading hopper or opening shall be provided near front of body on driver's side designed to accommodate enclosed refuse containers from 2 cubic ~ards to 4 cubic yards capacity Body shall be equipped with full running boards and fenders; running boards shall extend from chassis cab to rear a.-:le fcnder and shall have. folding extension steps for added safety, iBody shall have sufficient hand holds for 'safety of manual loaders Body shall be equipped w~th mud flaps, clearance lights, and any other devices required by I.C.C. and the State of Texas in order to pass State Inspection B. PACKING MECUA?,~I Sbl: Unit shall be equ~ppe~d with hydraulically actuated packer plate, traversing the entire length of the body for packing and for completely ejecting packed material in the unloading operation. Page 2 of 9 UnitMeets Requirements Yes No [~] [ ] [~] [ ] Requ ir emen t s Packer plate shalI be constt~uctcd of not less than l0 gauge high t:ensile steel, thoroughly braced and. reinforced to withstand, without distortion, repeated application of 75,000 pound packing pressure.s Packer plate shall be actuated by a single, horizontally displaced, multis~aoe-*- o telescopic hydraulic cylinder, doubte acting type, baying a base diameter of not ].css than 8 7/16" capable of exerting a total packing force of 75,000 pounds A ~uiding system shall be provided to insure uniform movement and pressure applicatio~ of .packer blade 5. Two operation cycles shall be provided: a. Rapid sweeping action across loading openings and back (tot-al cycle time not to ex&ced 12 seconds) b, Packing action traversing entire body length (75,000 tbs. ma>:imum force) Lock-out device shall be provided to prevent dumping of containers when packer pi. ate is not fully retracted in initial position Lock-out device shall be provided to prevent action of packing mechanism when a container is in dumping position C, CONTAINER LIFTING MECHANISM: Unit shall be equipped with a lifting mechanism, mounted on driver side of body, to lift and empty enclosed, metal containers into hopper or opening near front of body Lifting mechanism shall be capable of hand].ing containers ranging in capacity up to 4 cubic yards and having gross weight of 2,000 pounds Lifting mechanism shall be actuated hydraolJcal]y and shall attach to containers bv means of ~stee] lift forks or cab]es with books manually attached (whe~e cables are proposed, they shall be of £ufficicnt size and strength to handle maxin~om possible gross container loadings.) Unit Meets Requirements Yes No [ '~.]. [ ] [,..-4 t i [~' [ ] [ I t .,.,-3' Page 3 of 9 Unit Meets Requirements Requirement s Ye s No Container attachment shall be capable of reaching and attaching to containers located a distance of 30 inches from unit, smoothly conveying, lifting, emptying., and lowering containers Mechanism shall include a hydraulically actuated positioning device to move containers back ~way from unit to their original position after emptying 6. Lifting, dumping and replacement cycle shall not ex~eed 30 seconds [ ~/]/ [ ] D. AUXILI-ARY E~,GINE: A steel suspension frame with weather protection shall be constructed below one side of the refuse body to support an auxiliary engine set forth below 2. An auxiliary engine shall be furnished with the unit to power the refuse body mechanisms / [/] [ ] The auxiliary engine shall be a Ford indusl~-rial, z~8 ll. P., 172 cu, in., ~ cylinder, water-cooled diesel engine / [vq/ [ ] Auxiliary engine shall be a self-contained unit with 12 volt generator (or alternator), starter, and battery ['v~] [ ] 5. Auxiliary engine fuel pump shall draw fuel from truck tanks Auxiliary engine shall be equipped with instrument panel containing engine temperature gauge, oil pressure, gauge, ammeter, and hour meEer Auxiliary engine shall be equipped ~,~ith automatic shut'-down device to stop cng:[ne in the event of iow oil pressure or oven-heating '[/] [ ] 8. Auxiliary engine shall be equipped with adequate exhaust muffler E. I1Yt)RAUt,IC SYSTFM: / [u/j' [ ] llydraulic puntp shat] be gear driven heavy duty 30 GP:.[ @ 1,500 I,]-~ pov,,u_red bv auxiliary engine specSfied shove. Engine shall not exceed 2,000 RP!-I to produco this require;nent. Page 4 of 9 / ,/ [~ [ ] Requirements ttydrautic system st~atI operate at no more than 1600 psi. and shall be designed to operate s.afely at 2000 psi, in order to provide sufficient margin of safety Pressure relief valx:e shall be provided to protect hydraulic system Steel tubing shall, be used in all .locations possible. Whe~:e pressure hose is used, it sha].l be of double braided ¥.~ire construction designed to withstand a pressure of four times maximum pump output. Ail hydraulic fittings shall be pressed-on, JIC standard Hydraulic reservoir shall have minimum capacity of 50 gallons Hydraulic-reservoir shall be baffled to prevent short-circuit~ng of oil 8. Hydraulic reservoir shall be equipped as follows: ~[agnetic trap extending ].2" into reservoir to col~lcct any metal particles suspende'd in system b. Filler breather to provide 35 cubic feet of air-breathing capacity c. Shut-off valve on outlet for control of oil during maintenance d, Sight level gauge for checking oil level 50 GPM capacity, in-line filter with reusable metal screen and 5 psi. one-x~'ay bypass valve between reservoir and pump Hydraulic cylinders sha].l be steel tubular type having suff:icJent rated capacity to effectively operate ~,Jth the maximum raked load at rated efficiency 10. Manufacturc=r of hydraulic cylinders is as follows: Unit Meets Requirements Yes No [ ~-~ [ ] [~" [ ] / IV/{] [ ] [v/] [ ] / [t/~' [ ] [ c/'~] [ ] [ ,,,,'~ [ ] Page 5 of 9 11, Requirements Manufacturer of hydraulic pump is as follows:: C0 mm~tciaC Shca,'~ii~q ~_.I ~tc. Manufacturer' s Model No. P25 CONTROL__~S; 1. 14anual controls for all refuse unit functions shall be ].ocated -h,~nediate]y adjacent to driver sSde of truck cab on refuse body within easy access of operator standing on the ground 2. Rcmot~ controls for automatic sweep and packing cycles and for lift action shall be placed in the truck cab convenient to driver 3. Lock-out device shall be provided to prevent dumping of containers while packer plate is not fully retracted in initial position Lock-out devScc shall Be provided to prhvent action of packing mechanism when a container is. in dumping position 1. Entire refuse collection unit shall be painted WtlITE with automotive enamel of same brand and number as on truck cab 2. The following mnnuals shall be furnished with each unit: a. ~o (2) service and repair manuals b. Two (~) complete parts books c. Two (2) operator's manuals 3. Attached hereto and a part of this proposal is a Full Warranty whSch guarantees each unit furnished and alt 5ts w~rSous components against defects in raater~ats, mamtfacture an~ operation for a period of not less th:~n one (1) year from Date of Delivery to City of Plainview. (Warranty must accompany proposal) Full descriptive literature is ~ncltme with this proposal. (Literature must accompany proposal) Page 6 of 9 '-Unit Meets Re qu ir em en t s Yes No [ t,--'l"' [ [ I t ,-';' t ] [,..,f t ] / AVAIl,ABILITY OF PARTS: Nearest point to City of Ptainview at which there is a parts supply available is: PAK-;.i0!~. '-,~g. Co..~3 S.E. Mi~t~'u~ Dr., San A~o~f.o, Tex~ 512~923-43~7 Name Address Telephone Nearest point to City of PtainvS.ew at which there is a service center staffed with qualified servicemen is: Name Add res s Telephone Nearest point to City of Plainview at which there is a major parts supply avaiiabl~ is: S~me as 'above. Name Add re s s Telephone DELIVERY Schedule of Delivery of Truck ChassJ. s & Cab: The City of Plainview proposes to deliver the truck chassis required for the refuse bodies proposed herein as follow-:s: a. First ChassJ. s as soon as possible (estimated to be between 60 ~ and 90 days after award of refuse body contract). b. Second Chassis as soon as possible (estimated to be between 60 and 90 days after award of refuse body contract). Delivery Point: Delivery of refuse units mounted on truck chassis, complete as specified, shall be F.O.B. Railway Car, Ptalnview, Texas, unless otberx~ise optioned by the City of Plainview as set forth in the Conditions of Proposal. 3. Date of Delivery of the completed units to the City of Plainview shall be as follows: a. First Completed Unit: 45 chassis at body installation point. days after receipt of truck b. Second Completed Unit: 65~__ days after receipt of truck chassis at body installation point. Truck chassis wi]] need to be ~e]ivered to: PAK=,,iOR ~.f~. Co., I123 S.E. ";"'* ' San A~to~o, Te~s 512/923-4317 Addres's TeJ. ephone Name of Person to Contact Page 7 of 9 The'undersigned agrees that for every calend~r day of delay of delivery beyonc! the time st't fez'th above, the City of Plainview may withhold ~,-~p~v frem the Eidder's total compensation the sum of Fifty Dollars · ' ~ated damages. -,.~0.OO) per unit so ~elayed in delivery as l~_qn.to' The undersigned certifies that he has read the Conditions of Proposal and tl~ese Proposal Specifications, understands them and agrees to furnish, install and d'eliver the 'refuse units so specified in accordance with and in the manner specified therein (except as is fully outlined and explained on attached sheet or sheets if there are any e_xceptions) in the time set forth above for the folto¥~ing sum, to-wit: Item Description & Wt'itten Price 1. 28 Cubic Yard Sffdc Load Refuse Body with container lift, 'installed on Owner's Chassis, Delivered Complete, Two (2) Each, per each: k~izven ti~ow~and s z0c~uty-s zve~ and ~o/1 O0 ~.ch Amount $ 22~54.00 la. Railway Freight Allowed Per Unit in Bid Item 1 above (F.O.B., Plainview, Te>:as) Sev~ hundrzd ~i~ly-s~ven and n0/100 e~g~ ($297,,00 eacl~ )_ Total Freight: $ 1,594.00 DEDUCT: The undersigned proposes that in the event he is awarded the contract to furnish all refuse units proposed, to include Two (2) 25 c.~. Fron~' Load Units, 'l~wo (2) 28 c.y. Side Load Units ~.~ith Lifts, and ~o (2. ~z ~.~ '~-~c ~.~a .railer U~ts with Lifts, as one order, all ~,, a~cordance with their re~: ....... - -'-~r-~:a~ionn, a d~']uct.ion may be ~' , made from ~he Amount bid under Item in the sum eL ~ ~O,O0 ~t The prices bid-above shall be firm and binding for 80 days or until the following date: Attached hereto is a Certified or Cashier's Check or Bidder's Bond payable to the City of P].ainviet-~ in an amount equal to five (5) per cent of the total amount bid. It is understood that this bid security will be returned to the Bidder, unless in case of acceptance of the Proposal, the Bidder sha].l fail or ~:cfuse to execute, a contract and file a performance bond (for the furni-~hing, inst.a].lat~on and (le!ivery of the proposed refuse collection un, ts) ¥~ithin ten (!0) da~.,s after its acceptance, in wh~ch case the. bid ~,;ecu~:ity sba].l become the property of the City of PI_air, view, and shall be cons'idered pa>~ent for damages due'to delay and other inconveniences suffered by the (JJ.~v on account of such failure of the Bidder. tt is further understood that the City of Plainview reserves the right to reject any and all bids or proposals, to waive alt f6rmalities and to malte the a~.~'ard of the Page 8 of 9 r_ contract to furnish the units specified based on the proposal .deemed by the City to be the most advantag,eous and in the best interest of the City. The undersigned agrees to procure at his o%,nn expense all perm£ts, certificates and licenses require, d of him by law for the manufacturing of the equipment to be furnish'ed, and to pay all patent fees, license fees and royalties for the use o~ components or processes used in the equipment, ~ts manufacture and its operation, and to hold the City of Plainview free from any liability arising from the usa of any and all such patent~ in connection with the equipment furnished and its operation. The undersi, gned agrees to furnish the insurance protecting the truck chassis and cab units and the refuse collection units required by the Conditions of Proposal and to furnish the City of Plainview a Certificate of Insurauce indicati~)g the n~me of the insurance company or companies, the types of coverage and the limits of coverage. Thc undersigned agrees to make ava:i]able to the :;uccc:;3ful ~efu::e contain,'r supplier inspection of the container lift and dumping mechanism and to permit such supplier to test prototypes of the containers to be furnished on one of the lift units to insure container compatibility with the lift and dun:ping mechanism prior to the manufacture of the containers. The undersigned agrees to inspect such container prototypes and info]~ the City o[ PlainvJcw and the container supplier of any deficiencies or errors in design~hich should be corrected to make containers more compatible with the l'5ft and dumping mechanism and thus provide a smoother and more efficient overall, operation of the system and to execute a Certificate of Compatibility when.container prototype is compatible with refuse collection unit lift and dumping mechanikm. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. D~zmo~t 1I, 197Z Date Assi~4ant Title P.O. Bo× 14147~ 1123 S.E. LIZ£i'~t,_~IL g,,~vc Street or P O. San A~btonio, Texas 78214 City 'and State Pa~:e 9 of 9 ,~: · . · NS AN]) CttECK I,IST FOR FU~ISitING.. T?OkILER_, ·, TYPE SIDE LOADING ]lonorsble Mayor and City Council City of Plainview p. O. ]!,o>: 520 ?2ainv£c~w~ Texas 79072 Gentlemen: ' Pursuant to the Notice to Bid'ders and in accordance with the Conditions of Prgposal the undersigned proposes to furnish, complete, ' Plain- a.~¢, the. following Specifications, one or more Trai]qr Type Side I,oading Refuse Collcction Units for the City of view, Texas, as indicated below. The undersigned indicates conformance, or exception to the Specifications by check marks in boxes or spaces provided with Specifications below. Exceptions to the Specifications are listed and explained fully on attached sheet or sheets. OFFERED: Make: Model: Capacity:. 32 Length of Unit: ticight, Traveling:_ Outside Width: Weight, Complete: Cnbic. Ya~ ds 35 ..... 9 ft. 15,300 lbS. Requirements Unit Meets Requirement s Yes No. BODY: 1. Unit shall be 32 cubic yard capacity trailer type, designed for:..~a~tachment to a standard fifth whedl mounted on a truck tractor having a cab-to-axle. dimension of 72 inches cud fifth wheel tieight of.l~8 inches 2. Trailer portion of unit shall be designed to adc- · Cl~ately support and convey..refuse body with acces- sori~cs and re[use load at spdcds not to exceed 55 MPtI and to comply with Federal and State regu].ations [ t.M'] [ ] [ [ ] Page t of t0 Requirement s Unit Meets Requiramen ts Yes No 3. Completed u~.ft shall be equipped with ail clea~;ancc lights, turn signats~ reflectors, mud fJ.~.p~, warning and other protective devices ]:equired by la~, to pass State in- spect{on 4. Trailer shall be ~quipped with S-Cam type air brakes connected to air system of truck- tractor 5. Trailer shall have single axle located no further than 52 inc]~e-q from rear edge of refuse body 6. Trailer axle and springs shall be coordinated in capacity with total spring capacity, equal to or exceeding capacity of 7. Overall dimensions of completed unit shall not exceed the following': a. Outside ~idth - 96 inches b. Outside height - 9 feet c. Length - 35 feet 10. Body s]~alt be stationary mount type, non- tilting for unloading Body shall be constructed of high tensile steel sufficiently reinforced to withstand pressu~:e exerted during packing of refuse Body shall be designed for straight ejection unloading over entire width and length in one continuous motion 11. Body shall be equJpped with-refuse retaining dewlce to hold compacted refuse in place after compaction ]2. Body shall be equipped with hinged unloading doors at rear with heavy juty latches, water t~ght seals, r~:~nforced hig]~ tensile steel construction ad~-quate to ~ithstand packing press ores [/] [ ] t t I t / [u/] [ ] t / ? Page 2 of 10 Requirements Unit Meets Requirements Yes No 13. Adjustable loading doors shall be located on eacl~ ~>ide at front of body, suS. tab].e for manual loadJ.ng and of sufficient size to receive large J te~ns, bru:~h and tree trJn~:.nin, gs; height of opening to be as low as possible 14. Container loading hopper or opening shall be provided near front of body on driver side designed to acco;n:nodate enclosed refus-e nontaine, rs from 2 cubic yards to 4 cubic yar~; capacity 15. T~ai].er unit shall he eqnipped with parking stands for supporting front portion of unit when truck tr~ctor is not connected to unit. Strength of parking stands sha].i be sufficient to support loaded unit B. PACKING MECHANISM: Unit shall be equipped with hydraulically actnated packer plate, traversing the entire length of the body for packing .and for completely ejecting packed material in the unloading operation [~ [ ] Packer plate sbal! be constructed of not: less t-hah 10 gauge high tensile steel, thoroughly braced and reinforced to withstand, without distortion, repeated application of 78,000 pound packing pressures Be Packer plate shall be actuated by a single, hori- zontally displaced, multistage telescopic hydraulic cylinder, double acting type, having at base dia~teter of not less than 8 7/16" capable of exerting a total packing forc'e of 78,000 pounds A guiding system shall be provided to insure unifo~:m movement and pressure application of packer blade %h..,o op.eration cycles shall be provided llapid ,~;v:eeping action across loading openings and back (total cyc].e time not to exceed 12 seconds) b. Pack/n,,o action traveraJng entire body length (78,000 lbs. v~a×. force) Page 3 of 10 [~/] [ ] [ t~] [ ] Requirement s Lock out .device shall be provided to prevent dumping o'f containers wl~e.n packer plate is not fully retracted in initial pos~tio~ C. CONTAINER LI]TI.I~G I.~Clt.,kNISM: Unit sha]_l be equipped with a lifting mechan~.sm, mounted on driver side of body, to lift and empty enc]_osed, metal containers illto hopper or opening near front .of body Lifting mechanism shall be capable of handling containers ranging in capacity up to ~ cubic yards and having gross weight of 2,000 pounds Lifting mechanism shall be actuated hydraulically and shall attach to containers by means of steel lift forks or cables with hooks manually attached (where cables are proposed, they shall be of suf- ficient size and strength to handle maximum pos- sible gross container loadings.) Container attac]m~ent shall be capable ~of reach- ing and attaching to containeg_s located a disi'ance of 36 'inches from unit, smootb]y conveying, lifting, emptying, and ].o~ering containers Mechanism shall inclt~de a hydraulically actuated positioning devine to move containers back away from unit to their original position after emptying D AUXILIARY ENGINE: An auxiliary engine with adequate weather pro- tection shall be fu~mi,shed and installed at the front of the unit The auxiliary engin'e shall be a F~rd Industrial, 6 cyli~der, 120 H.P. 380 cu.in., water-cooled, diesel engin~ Aux].li~ry engine shall be a self-contained unit with f~ml tank, ]2 voit generator (or alternator), starter and battery Page 4 of 10 Unit Meets Requirements Yes No . [ '~] [ ] / [~./] [ ] / / ['-/] [ ] 10. Requirements }lydraulic reservoir shall be equSpped as follows: . Magnetic trap ~extending 12" into reservoir to collect any metal particles suspended in system Filler breather to privide 35 cubic feet of air-breathing capacity Shut-off valve on outlet for control of 'oil 'during maintenance Sight level gauge for checking oil level ~. 50 GPH capacity in-line filter with re- usable raeta] screen and 5 psi one-way bypass valve between re. scrvoir and pump llydraulic cylinders shall be steel tubular type having sufficient rated capacity to effectively operate with the maximum rated load at rated efficiency Manufacturer of hydraulic cylinders is as follows: Unit Meets Requir eman t s Yes No / [~ [ ] 11. Manufacturer of hydraulic pump is as follows: Comm~c~ Sidelining, Ina, Manufacturer's Model No.: PSO COXTROI,S: 1. Controls roi: all refuse unit functions sl]a].], be located near the front of the trail, er unit on the driver side within ea~;y access of thc: operator standJ.~g on Lhc ground 2. Duplicate controls for rapid sweeping{ action and packing action of pack~ng mechanism shall be lo- cated near fr~,nt of ti~u trailer unit on curb ~ide within easy access of the operator' standing on thc ground Page 6 of 10 [ u-~~ [ ] [ ] Auxiliqry strument .panel cont-aJ~ing engi.ne temperat'ure gauge, oil pre.qsurq gauge~ ammeter, and hour meter 5~ engine shall be equipped with in- Auxi].iary engine starting controls shall be located for easy access by operator while standing on the ground beside the unit Auxiliary engine shall be_equipped with autom,atic shut-down device to st. of engine in the event of low oil pressure or overheating Auxiliary engine shall, be equipped with adequate exhaust muff E. ttYDRAULIC SYS .... rE:~. [ ] [v/j' [ ] llydraulic pump shall be gear driven heavy duty ~8GPbl La 1.800 RP)-1 powered by auxiliary engine specified above. Engine shall not exceed 2,000 P3.q.l to produce this requirement [ ] 16~0 p3i and s.~3Ji ac: clc:s;Jgm~.d to operate safely at 2000 psi in order to provide sufficient margin of safety Pressure relief valve shall be provided to protect hydraulic system Steel tubing shall be used' in all locations pos- sible. Where pressure hose is used, it shall be of.' double braidod wire consr;ruction designed to with- stand a pres.sure of four times .maximu.*n pump output All'hydraulic fittings shall be pressed-on JiC Standard ' tlydrau.lic reservoir shall have minimum capacity of 75 gallons : ltydrau!ic reservoi'r shall be baffled to prevent short-circuiting of oil Page 5 of l0 [v"~ [ ] - [ [./1" [ ] / [,.,,/] [ ] / [',,/] [ / [L/'j [ ] / Requirements Unit Meets Requirements Yes No Be Bt Remote controls for rapid sweeping and pac. k~ng actions and for lift action sha]t be local2ed in truck- cab' convenient to driver Lock-out device s.hall be provided to prevent dumping of containers while packer plate is not fully retracted in initial position Lock-out device shall be provided to prevent action of packing mechanism when a con~cainer is in dumping position t ./ [ v/] [ t FIIS CEL~:ANEOU,q ~ 1. Fifth x.:heet of standard manufacture with I-beams, the assembly designed adequately carry the trailer unit and load, shall be furnished and installed on the truck chassis 2, Entire refuse collection unit sha].l be painted l.,VtllTE with automotive enamel of sa,~e brand and number as on truck cab 3. The following manuals shall be furnished with each unit: a, Rkqo (2) service and repair manuals b. Two (2) comp]_ete parts books co Two (2) operator's manuals Attached hereto and a part of this Proposal is a Full Warranty which guarantees each unit furnished and all its various components against defects in materials, manufacture and operation for a period of not less tl~an one (!) year from Date of Delivery to City of Ptainvie',.;, (Warranty must accompany Proposal) 5. Full Descriptive literature is included with this Proposal (Literature must accompany Proposal) [~ [ ] ti. AVAILABtt,.!TY OF }'ARTS: Nearest point to City of Plainview ait ~qhieh there is a parts supply available is: Add~-c::~s Pag. c. 7 of [ ] [ ] [ ] [. [ ] Nearest point to City of Plainview at which there ~s a service center staffed with qualified service- n~en is · PAK-t. 10~ ~_'[D~q~'- Co~_ ._~ 1123 S.E. ~i~!it~L/Qr,, San £\~p~3~io+_Izxas 51//_~23-4317 Name Address Telephone Nearest point to C~.ty of Plainview at which there is a major parts supply available is: Name Address Telephone I. DE].IVERY: Schedule of Delivery of Truck Chasis and Cab: The City of Plainview proposes to deliver the truck chassis required for the refuse bodies proposed herein as follows: a. First Chassis as soon as possible (estimated to be between 60 -and 90 days after award of refuse body contract) b. Second Chassis as soon as possible (estimated to be between 60 and 90 days after award of refuse body contract) Delivery }'oint: Delivery of refuse units mounted on truck chassis, complete as specified, sha]t be F.O.B., Railway Car, Plainviow, Texas, unless otherwise optioned by the City of P].ainview as set forth in the Conditions of Proposal. Date of Delivery of the completed units to the City of Plainview shall be as follows: a. First completed unit: 45 chassis at-body installation point. b. Second completed unit: 75 chassis at body installation point. days after receipt of truck days after receipt of truck Truck Chassis will need to be delivered to: }~,\h-,.~0~,' ~" ' ,.l,~g' ',. Co.., I I""=~ S oE. ~i~ry Dr., San ~ ' , xas 512/923-~1317 ~ Name Add tess Telephone The undcrsigne.d agrees that for every calendar day of delay of delivery be- 5, end the t~me set forth above, the City of Ptainview may witt{hold permanently from the Bidder's total compensation the sum of Fifty Dollars ($50.00) per unit so delayed in delivery as liquidated damages. The undersigned certifies ~hat be has read the Conditions of Prop6sal and .tlmse Proposal Specifications, understands them and agrees to furnish, in- sta].l and deliver t]~e refuse unit's so specified in accordance with and in the manner specified therein (except as is fully outlined and expla~r, ed on attached sheet or sheets if there are any exceptions) in the time set forth for the foil_owing sum, to-wit: Item Description & Written Price Amount 32 Cubic Yard Side Load Refuse Trailer Units with Container lift installed on O,-.?ner's Chassis, Delivered Comptgte, Tx-go (2) Each, per each: Fourt. c. cJ', .o,.ousand ~w~ac. h. umb'md ~;~a~.../-,{iva and no~lO0 la. ~.14,3~'5.00 ~o'~L_ $ 28,650.00 Railway Freight Allowed Per Unit in Bid ItEm 1 above (F.O.B. PlainvJew, Texas) Szv~ hm~b~cd ~inety-'seven and n0/100 each ($ 797,,00 ca.ch ) ... Total Freight: $~._00 DEDUCT: The undersigned proposes that in the event he is awarded the contract to furnish all refuse units proposed, to J.nc]ude Two (2) 25 C.Y. Front Load Units, Two (2) 28 C.Y. Side Load Units with Lifts and %"x.~o (2) 32 C.Y. Side Load Trailer Units with Lifts, as one order, all in accordance with their respective specifications, a deduction may be made from the ~m~ount bid under Item 1 in the sum of: j_fS0.00 R]ne prices bid above sha]t be firm and binding :for days or until, the following date: 6O Attached hereto is a Cdrtified or Casl~'ier~s Check or Bidder's Bond payable to the City of P].aihvicw in an amoLu~t equal rs I.'ive (5) pl~rcent of the total a~ount b~d. It i~; understood that th~s bid security w~]l l>e returned to the Bidder, unless in cm;e of acceptance of the Pre?osa]~ the BJdder shall fail or refuse to cxecut-e a contract and file a perfc~rn~ancc bond (for the fu~-nishing, installation and delivery of the proposed refuse collection units) within ten Page 9 of !0 L ! (10) days after its acceptance, in which case ~he 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 ac- count of such failure of the l{idder. It is further ~nd'crs~ood that the City of Plainvicw reserves the right to reject any and ail bids or proposals, to waive all foz~mat%tie-s and to make the award of the contract to furnish the units specified baged on the proposal deemed by the City to be 'the most advantageous and in the b.cst interest of the City. The undersigned agrees to procure at his own expense all permits, certificates and licenses required of him by law for the manufacturing of the equipment to be ~furnished, and to pay all patent fees, ].icense fees and royalty;es for the use of components or processes used in the eqnipment, its manufacture and its operation, and to hold the City of Plainview free from any liabi]_ity ar~s- lng from the use of any and all such patents in connection with thc equipment fur- nished and its operation. The undersigned agrees to furnish the insurance protecting the truck chassis' and cab units and the refuse collection units required by the Conditions of Proposal and to furnish the City of Plainview a Certificate of Insurance indicating the name of the insurance company or companies, the types of coverage and the limits of coverage. The undersigned agrees to make available to the successful refuse container supplier inspec-tion of the ccn~tajner lift and dumping mechanism and to permit such supplier to test prototypes of the containers to be furnished on one of the lift units to insure container compatibility with the lift and dumping mechanism prior to the manufacture of the containers. The undersigned agrees to inkpect such container prototypes'and inform the City. O'f ?lainview and t'he container supplier of any deficiencies or errors in design which should be corrected to make containers more compatible with the lift and dumping mechanism and thus provide a smoother and more efficient overall operation of the system and to execute a Certificate of Compatibility when container prototype is compatible with refuse collection unit lift and dumping mechanism. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. D~zmb~r 11, 1972 l~ate PAK-MOR MA~UFACTU RI,']G Bidder By: Signature Ass~ta~ ~ Pres~e~ Title P.O. Box 14147, 1123 S.E. Street or -P. O. Box San A~o~,~o, Texas 782 }'4 ~ City and State Page 10 of i0 PROPOSAL SPECIFICATIONS AND CHECK LIST FOR FUILNISItING FRONT LOADING REFUSE COLLECTION TRUCK BODY OR BODIES FOR TIlE CITY OF 'PLAINVIEW, TEXAS Honorable Mayor and City Council City of Plainview P. O. Box 520 Plainview, Texas . 79072 Gentlemen: Pursuant to the Notice to Bidders and in accordance with the Conditions of Proposal and the follow:lng Specifications, the undersigned proposes to furnish and install one or more Front I,oading Refuse Collection Truck Body, complete, as indicated below. The undersigned indicates conformance or exception to the Specifications by check marks in boxes or spaces provided with Specifications ba]_ow. Exceptions to the Specifications ara listed and explained fully on attached sheet or sheets. UNIT OFFERED: Make Model: FLS-4g5 Capacity: 25 Cubic Yards Length of Body: 19 ~t. Height, Traveling: 13 ft. Outside Width: 8 ~to Weight, Complete: Requirements Unit Meets Requirements Yes No A. BODY: 1. Minimum 25 cubic yard capacity, including; hopper 2. Body shall be stationary-mount type non- tilting for unloading. Unloading shall be by full length body ejection 3. Body Shall be top loading capable of dumping containers ~ ' ~ r~ng~no in size up. to 8 cubic yards in capacity of the type currently used by the City of Plainview: [vd/. [ ] Page 1 of 11 e 10. 1]., 12. 13. Unit Meets ... Requirements Requireman ts Yes No Body shall be constructed of high tensi].e steel with adequate side and top bracing to wi'ths~and packing pressures a. Top - 12 gauge, min. b, Sides - 12 gauge, min. c. Floor - 3/16" plate, min. d. Bracing - 10 gauge, min. Body shai], be designed for mounting on trluck chassis having tilt cab. Body shall be designed for straiglit ejection un].oading over entire width and length in one continuous motion Body shall have baffles or shields to protect unloading hopper from loss of refuse due to wind Body shall have heavy duty automatic hopper door, automatically operated either mechanically or hydraulically, ttopper cover shall be designed to remain completely closed and withstand pressures during packing cycles Body shall have top hinged unloading door with heavy duty latches, hydraulically operated, watertight seals, 10 gauge, reinforced high tensile steel construction adequate to withstand packing pressures Hydraulic controls for unloading door shall be located in truck cab Body shall have access door located on street curb side, 24" x 24" minimum size, designed to withstand packing pressures without leaking Body shail be equipped witI{ refuse retaining device to hold compacted zTefuse in place after compaction Completed Unit shall be equipped with mud flaps, clearance lights, and all other devices required by I.C.C. and State of Texas to pass State Inspection Page 2 of 11 [1/l' [ ] [v'ff' [ ] [v')j'] [ ] [v,3/' [ ] [ v"~] -[ ] ['v/j [ ] [ ]- [ ] [ .~] [ ] tv'] [ ] [ ,~] [ ] Requirements B. PACKING Unit sh~l'l be equipped with hydrau].ically actuated packer plate, transversing the entire length of the body for packing and for comp].ete]y ejecting packed material in the unloading operation Packer plate shall be constructed of not lass than l0 gauge high tensi].e steel, thoroughly braced and reinforced to withstand, without distortion, repeated application of-maximum packing pressures Packer plate shall be actuated by a horizontally displaced, multistage, single, telescopic hydraulic cylinder, double acting type, having a base diameter of not less than 8 7/16" A guiding system shall be provided to insure unfform movement and pressure application of packer blade. Compaction cycle shall be equipped with a lockout device ~o prevent lift arm assembly from dumping refuse containers while packer plate is not fully retracted to initial position C. FRONT LOADING LIFT Lifting a~.nns shall be capable of lifting 4,500 pounds gross load measured at the centerline of a 8 cubic yard container Lifting arms shall be of box ~ype welded~.~,te~l construction reinforced to withstand fatigue stresses caused from repeated loading of containers Lifting at'ms shall be designed such that at no time at rest or during the loading cycle will there be qny obstruction to the truck cab doors, open or c].osed, 'or to west ~oast type mirrors attached to the doors Unit Meets Requirements Yes No [ ~ [ ] / [ v/]' [ ] Page 3 of 11 e Req uiremen ts Lifting arms shall be provided with forks for pickup of containers equipped with side sleeves and -<;hall be designed to handle con- tainers of 8 cubic yard capacity and smaller 10, Lift arms sha].l be designed to travel at rest in support hooks attached to the front of the truck and such support system sba].l be furnishc:d as a part of the refuse collection unit. Lift forks shall be perpendicular to roadway when resting in support hooks- Lift .arms shall be designed to automatically ca'try the container in a level position until ready for dumping into the hopper, requiring the use of no more than one control lever located in truck cab Dumping angle sha].l be such that complete dis- charge of all refuse material will be accomplished without requirement of manipulation of container after dumping position is reached Lifting arms shall be equipped with steel tubu]_ar type hydraulic cylinders having sufficient rated capacity to effectively operate with the maximum rated load at rated efficiency Al/ pivot points of lift arm assembly shall have bronze bushings and grease zerk fittings Lift arm assembly shall be an integral part of the refuse collection unit and attached thereto, except for support hooks D. AUXILIARY ENGINE: A steel suspension frame with weather protection shall be const:ructed below one side of the refuse body to support an auxiliary engine set forth below 2. An auxiliary eng.~nc shall be" furnished with the unit to power the refuse body mechanisms The attxi!iary engine shall be a Ford Industrial, 48 lt.P., 172 cu. J.n., 4 cylinder, water cooled diese] engine Page 4 of 11 Unit Meets Requirements Yes No [w~ [ ] / [ v/] [ ] [w~] [ ] / Iv/1 [ ] [w~ [ ] / / [ ~] [ ] t Unit Meets / Requiremen ts Requirement s I Yes No Auxiliary engine shall be a self-contained nnit with 12 volt generator (or alternator), starter, and battery Auxiliary engine fuel pump shall draw fuel from truck tanks Auxiliary engine shall be equipped with instrument panel containing engine temperature gauge, oil pressure gauge, ammeter, and hour meter Auxiliary engine shall be equipped witli automatic shut-down device to stop engine in event of low o{1 pressure or over heating 8. Auxiliary engine shall be equipped with adequate exhaust 'muffler HY [ P~\ULIC SYSTEM: Hydraulic pump shall be gear driven heavy duty 40 .GPM @ 1,500 RP~.~ powered by auxiliary engine specified above. Engin-e shall not exceed 2,000 }~oM to produce this requirement. Hydraulic system shall operate at no more t]han 1600 psi. and shall be designed to operate safe].y at 2000 psi. in order to provide sufficient margin of safety Pressure relief valve shall be provided to protect hydraulic system Steel tubing shall be used in all locations possible° Where pressure hose is used, it shall be of double braided wire construction designed to withstand a pressure of- four times maximum pump output. Ail hydraulic fittings shall be pressed-on, 3IC standard Hydraulic reservoir shall have m~nimum capacity of 50 gallons ~ Itydraulic reservoir .~H~all be baffled to prevent short-circuiting of oil Page 5 of 11 · [~ [ ] ['/] [ ] [ ~/] [ ] [/] [ ] [ ] [']/ [ ] 10. Requirements Hydraulic reservoir shall be equipped as f ottows: a. Nognetic trap extending 12" into reservoir to collect any metal particles suspended in system b. Filler breather to provide 35 cubic- feet of .air-breathing capacity Shut-off valve on outlet for control of oil'during maintenance d. Sight level gauge for cheC:king oil. level e. 50 GPM capacity in-line filter with reusable metal screen and 5 psi. one- way bypass valve between reservoir and pump Hydraulic cylinders shglt'be steel tubular type having sofficient rated capacity to effectively operate with the maximum rated load at rated efficiency. Manufacturer of hydraulic cylinders is as follows: C0~,'.im'c/tcircC S~tZc~%i~to~ I~.ler_., ct~d __ Lai~ex Hyd,~-u~ie~s~ Inc. 11. Manufacturer of hydraulic pump is as follows: Manufacturer's Nodel No.: P3 0 CONTROl,S: !. Controls for all refuse unit functions shall be located in the truck cab in easy reach of the driver 2. Compaction, !Jrt and dumpSng controls shall be manual and direct acting Unit Meets Requirements Yes No ['t/f [ ] [M' [ ] ["/ [ ] [/' [ ] / [V3/'] .[. ] / [ t/5 [ ] Page 6 of 11 Requirements Lift arm controls shall provide automatic container levc].ing during lifting operation Rear body door control shall be located in truck cab 5.- Lockout device shall be provided to prevent i dumping of containers while packer pi. ate is not fully retract'cd in initial position Lever controls for complete unit opera'tion shall be installed at a poznt innnediately behind the truck cab. These controls shall be in addition to those located in truck cab hlSCELLAN,~OU~,: Cab-Scope m~rror system designed so that driver can view container during all stages of dumping operations s!~all be mounted in truck cab top over drivers seat Cab Protector sha].l be provided to protect top of truck cab and windshield from damage from container slippage during lifting operation Unit shall be equipped with turn sSgnals, clearance lights, reflectors, and any other warning or lum~nat~on equipment necessary to meet Federal requirements and pass State Inspection Mud flaps meeting Federal and State require, ments shall be installed on Unit at rear truck wheels Entire refuse collection unit shall be pain. ted WtllTE with automotive enamel of same brand and number as on truck cab 6. The fol]o~ing manuals shall be furnished with each unit a ~\~'o (2) service and ~ als · repair manu b, /h.;o (2) ccn~plete parts books c. Two (2) operator's manuals Unit Meets Requirements Yes No [~ [ ] [ [/ [ ] [ ~ [ ] [,.d" [ ] / [ L.'J' [ ] / [~'~' [ ] [,./'~ [ ] [v,'~ [ ] Page 7 of i! Requirements Attached he-rote and a part of th'is proposal is a Full Warranty which guarantees each unit furnished and ail its various components against defects ~n mater.ialm, manufacture and operat-ion for a period of not less than one (1) year from Date of Delivery to City of Plainvicw (Warranty must accompany proposal) Full descriptive literature is in'clud'cd with this proposal. (Literature must accoinpany proposal) Unit Meets Requirements Yes No 11. AVAILABIID,TY OF PARTS: Nearest .point to City of Plainview at' wh'ich there is a parts supply available is: 512/923-,13~7 Ntune Address Telephone Nearest point to City of P].ainview at which ther-e is a service center staffed with qualified servicemen is: Same. ~'~ above. Name Address Nearest point 'to City of Plainview at which there is a major parts suppl, y available is: Telephone ~Name Address Telephone DEI,IVERY: 1. Schedule of Delivery of Truck Chassis & Cab: The City of Plainview proposes to de].iver the t]:uck chassis required for the refuse bodies proposed herein as follows: a. First Chassis as soon as possible (estimated to be between 60 .and 90 days after award of refuse body contract). b. Second Chassis as soon as possible (estimated to be between 60 and 90 days after award 'of refuse body controct); 2. Delivery Point: Delivery of refuse units mom~tcd on truck chassis, complete as specified, shall be F.O.B. Rai]wav Car, P]ajnv~ew, Texas, unless otherw:i~;c oi~ioned by the City of'P].ainview as set forth in the Conditions of Proposal. Page 8 of i1 3. Date of Delivery of the completed units to the City of Plainview shall be as follows: / a. First Comploted Unit: 45 __ca%.endar days after receipt of truck chassis at body installation point. b. Second Completed Unit: 75 calendar days after receipt of truck chassis at body installation point. i 4. Truck chassis wi].l need to be delivered to: Address Telephone Name of l'~-r,~om to Contact The u~dersJgned agrees that for every ca].'endar day of delay of delivery beyond the time set forth above, the City of PlainvJew re. ay withhold permanently from the Bidder's total compensation the sum of Fifty Dollars ($50.00) per unit so delayed in delivery as liquidated damages. PROPOSAL: 512/923-,131; The undersigned certifies that he has read t'he Co.nditions of Proposal and these Proposal Specifications, understands them and agrees to furnish, install and deliver the refuse units so specified in accordance with and ~n the manner specified therein (except as is fully outlined and explained on attached sheet or sheets if there are any exceptions) in the time set forth above for the following sum, to-wit: Stem Description & Written Price Anlount 25 Cubic Yard Front Load Refuse Body installed on Owner's Cha.,;sis, Delivered Complete, Two (2) each, per each: ~x..¥t:t~-a,cvr.. a,.d Eleven thousand ~il~ tum~zd '.". '' 80/I00 e.xch ($ 11,855.80 ~c~ $ 23,711.60 la. Railway Freight Allowed Per Unit in Bid Item 1 above (F.O.B. Plainview, Texas) One t;~usand onz hundred ~ive and 80/I00 each Total Freight: $ 2~2II.60 Page 9 of 11 DEDUCT: The undersigned proposes that in the event he is awarded the contract to furnish ail refuse unSts proposed, to ~nclude Two (2) 25 Front Load Units, Two (2) 28 c,y. Side Load Units with Lifts and Two (2) 32 c.y. S~de L. oad Trail, e~: Units with Lifts, as one order, all in accordance ~.;it~h thei. r respective specifications, ade. duction may be made froin tl~e £~ount bid under Item I Jn the. sum of: $ 200.00 each The prices b~d above sl~all be firm and binding for until the following date: 60 days or Attached hereto is a Certified or Cashier's Check or Bidder's Bond payable to the C~ty of Pla~nview in an amount equal to five (5) per cent of the total amount bid. It i.,; understood that this bid security will be returned to th-e Bidder, un]ess in case of acceptance of the Proposal, the Bidder s~iall fail or refuse to e×,acute a controct and file a performance bond (for tJ~e furnishSng, ~nstal].~tion and delivery of tile prqposed refuse collection units) within ten (10) days~aftcr its acceptance, in which ease the bid security shall become the property of the Cit'y of l'lainvie¥~, and shall be considered payment for dao~ages due to delay and other inconveniences suffered by the City on account of such failure of the Bidder. It 5s further understood that the City of Plainview reserves the r~ght to reject any and all bids or proposals, to waive all formalities and to make t-he award of the contract to furnish the nnits specified based on the proposal deemed by tile City to be the most advantageous and in the best interest of the City. The undersigned agrees to procure at his own expense ali_ permits, certifi- cates and licenses required of him by law~.for the manufacturing of the equipment to be furnished, and to pay all patent fees, license fees and royal, ties for the use of components or processes used in the equipn~ent, ~ts manufacture and 5ts opera[ion, and t-o hold the City of Plainview free f'rom any liabi]it), arising from the use of an5, and ail_ such patents in connection with' the equip~,~ent furnished and its operation. The undersigned agrees to furnish the .insurance proteci'in~l the t'~'uc'k chm'~;is and cab un~ts a.d the refu~:e co]]ect~o~ un~'t~; Proposal and to fUl'nfLsh the City of I']ainview a Cat-C] f:icate of Insurance indicating the name of the insurance company .or companies, the types of coverage and the limits of coverage, · T!~e unders.igned agrees to make available to the successful refuse container supplier inspection of thc container lift and dump:ing ~nechanism and ~o permit such supp].ier to test prototypes of the containers to be .furni~;hed on one of the lift uilJts to insure container compatibility ~..,ith the lift and d~mq~ng mecb.nn~sr.~ ~rior to the manufacture of the containers. The undersJg~',ed a~]reas to inspect such co~tainer p~-ototypes and Jnfom the City of P]~J~v[cw and the conf'aJ~er supplier of any do[iciencies or errors Jn degJgn xch.[c[~ g;hould be corrected to make cont-a-im.r~: n~o~'e co~q~at ~b]e wi[th the lift and d~,~p~g ~.,ecl,;mi~xm and thus prov-Lde a ~,~(,o~l~.~l- ;~ut ~,u~-e ~.[J ~:i~.~ overall opt. ration of the svstom alld i.o execute n (l(.~TtJf.i.c;~iv o[ Ct,.::pat ih.il i. ty wl~en conta.i~er prototype 5s compatSb]e with refuse collect/on unit lift and dumpil~g mechanista, Page 10 of !! The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. December 11, 1972 ])ate Bidder .~.~ ~ -~=~' ~_' Signature ~JOiU~ F. dc~3t~Tj~ ~SSrS~ to Pr~side~ · Title Box 14t,17, 1123 S.E. [.I~M,La,'ut Drive Street or P. O. Box San Anto~.~o, 'Texas 782 14 City and State Page 11 of !1 STATE OF 2]]XAS ODUNTY OF I LILE 711IS AGREIh~NT, made and entered into this /~-~ day of ( .. . ( ., A. D. i9_7~__, by and between t~m CITY OF PLAIN2ZlEW of the Coui~ty of Hale, and act- ing through John D. Stonehann, the blayor, therein_duly authorized so to do, Party of the First Part hereinafter termed Ob~ER, and PAK-BDR btKNUFACIIJRING COb~ANW, a con2oration of the' City of Sm~ 7mtonio,' Count~, of Bexar, and State of Texas, Party of the Second Part, hereinafter termed CONI'RACTOR. WITN~SSETtt: 2q~at for and in consideration of the pa>qncnts mid agreements hereinafter menti'oned, to-be made and performed by the Party of the First' Part (OldStER) and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTIL-XCi'OI{), hereby agrees with the-said Party ,,~' 11~c. l':i ~'st Part (Oh~IER) to conm~ence m~d co~l)lete the manufacture and delive~ of ,:ertaJn materials, equipment m~d/or merchandise described as follows: 3 each, 25 C. Y. Front Loading Collection Refuse Body Units @ $10,550.00 each plus $150.00 delivery Pak-Mor way. 2 each, 28 C. Y. Side Loading Refuse Collection Body Units @ $10,060.00 each plus $1S0.00 delivery Pak-blor way. 2 each, 32 C. Y. Side Loading Refuse Collection Trailers @ $13,248.00 each plus $150.00 delivery Pak-blor way. ~u~der the tern~ as stated in the Conditions of Proposal; and at his (or their) o~ .proper cost m~d expense to furnish all the materials, supplies, machinery, topis, superintendence~ labor, and other accessories and services necessary to complete the mm~ufacture and delive~ of said materials, equipment m~d/or mcr- chandise in accordm~ce with the conditions m~d prices stated in the proposal attached hereto, and in accordance with the specifications amd drawings therefor, as prepared by the Cit), of Ptainview, all of which is made a part hereof and col- lectively evidence m~d constitute the entire contract. q]~e CON~Flb\C]OR agrees to comp].ete the manufacture m~d delivery of the ~foresaid materials, ectuipment and/or merchandise complete as specified in with the time and/or dates set forth in the proposal. It is tmderstood and agreed that the specifications and contract documents attached hereto and hereinubove set out in-Addendum No. 2 attoched together with the proposal of Party of thc Second Part (Including ~NTIb~CFOR'S Letter of Trm2s- nittal) attached hereto ~d made a part of this contract as though fully 'copied :md ~cluded herein. CITY OF PLAIN%q~q Page 1 of 9 ADDENDUH N'c~ o November 27, 1972 CITY OF. p, u' . ...... ' ' ' REFUSE COI~CFi. ON UN~j~?~i) [{[~,2 COLL]~ION CON?klNERS. I~[PORTiUNT: The bidder must execute and attach this; Addendum No. 2 to his prgposal' Failure to do so shall be grounds for rejection of his proposal. ~ I G I Abl I~q_p EC ! F I___CAT IONS "Conditions of Proposal, Proposal Specifications and Clleck Li and Contract for Furnishin~ Truc · - -~ Refuse Collection Un~ - ~ ~ ~ ?~as~s and Cab Uni .... sts. inally prepared an~-'~7~ ~Y f urn~snmng Refuse Coi!ec ~s and fT( t urnlshlng 1972. sh-,~ ~-- ~.~tr~ou~ed zor the nra,,~ ........ ~on Containers" orig- ..... oe appilcab]_e for bids suh~-:[,-~]~ou~. DIG ~ate of November 28[ as set forth in Items of this Addendum ..... which~C~a exceptions°n December shall 14, 1972, controlexceP~over any contrary provisions set forth in the original documents, Bid forms provided therein shall be used to submit Proposals, it being understood tltat the terms and conditions contained herein shall-apply as if written and contained in the above captioned documents. 2. NOTICE TO BIDDERS NOTICE TO BIDDERS OF INTENTION OF CITY OF PLAtNVIEW, TEXAS, TO LET CONTRACT FOR PURCHASE OF REFUSE EQUIPMENT ' Sealed bids addressed to the llonorah].e ~4ayor and City Council of Che City of Plainview, Texas, will be received at the office of the City Clerk at the City t[all, 90t Broadway, Plainview, Texas, until 2:00 p.m., C.S.T. Thursday afternoon, December 14, 1972, for the furnishing of: ' Truck Chassis and Cab Units, Refuse Collection Units and Refuse Collection Contai~ers for the City of P.lainview. ~t the time and place indicat0d bids will be publicly opened and read aloud >y tile ~Xlnyor and City Council meetilyg in special se~;sion at the time in tire Council Cha:~bers. The bids shall then be referred or retaim_.d by the City ~lanager for tabulation, chocking and evaluation. 'Final swart} of the con,-. tract o~- contracts is propos'cd to be m_ade at 7:30 p.m. :~ C.S.T., on pl~aeDece:nberat tile 18, City 1972, Hall, by the City. Council convened at its rcoular~ meeting ~-------------~ 'q>ROGRESS FOR PEOPLE T~LROUG-{ pLD&%~!NG,,' ,~ J OI~WER agrees to buy said equipment for the ¢'onsideration set fortJ~ above. !~a)~nent to the CON'FlbXC'I'OI~ will be made in the ma~er set forth in the Special Conditions Relating to Pa)anent as provided and set out in Section 3 of Addend~n No. 2 which are made a part of this contract, as though fully copied and included herein. OI~TqgR will cause Truck Chassis and Cab Units to be delivered to CON~blCTOR'S factox~z in San Antonio, Texas, for installation of the Refuse Collection Units. CONTRAC~DR will install ~e Refuse Collection Units on the T~ck Chassis and Cab Inits and deliver tJ~e Truck Chassis m~d Refuse Collection Units ~stalled to g~NI!R F.O.B. Plainview, Texas. Title of tJ~e Refuse Collection traits shall rema~x m OD~I'ACIOR until delivered and accepted by ObWER. O~q2R will pay CO~VI'RAC['OR the $150.00 delive~/ charge as proposed in CONTP~\CFOR'S Letter of Trans~mittal. IN WITNESS 1~]-~2REOF, the ~arties to these presents have executed this ~greement in the year m~d day first above written. [ .,,'., ' r !~ity Clerk Party of the First Part (OI~WER) CITY~F pLAIN~IhB9 (Fi'EST: Party of the Second Part (CON~.RACfOR) ._/- CI~FY OF PLAINVIEW Page 2 of 9 The Mayor and City Council reserve the right'_ to ~reject any and all bids, to waive all fo~.malities.~and..t~ make awards of the contracts based on the bid or bJ~ds deemed t~ be most advantageous and in the best interest of the City~ of Plainview.:/~. ~.:~ ~ ,~ .... -~...~.~ ...-~ .~ ..... . .... ~-.~: -~ ..... -._~ .-- ~.- .:~ Specifications for the equipment and machinery to be purchased are on file with the City Ctc~k of the City of Plainview: whose office is in the City Ilall of the City of Plainview, ~.~q]ere they may be examined without charge° The contract documents are contained in the same instru- ment in which the specifications have been set out and said contrac~ documents are also on file with the said City Clerk of the City of Plainvicw and said specifications as well as the said contract documents may be examined ~'ithout charge at the office' of said City Cle~-k of the City of Plainview, Texas. The said soecifications and contract documents may be obtained f~om · ~:_..i.'-.:' '-~. '.:C' ~-' ...... '" ,"~ .... ~''~-,' ' k~; wh,,-:~' ,,' ~ic.' i',: {~ th,' ~'i~\' '.-..'.12 .'~ ~..' . .~'- .'. .' ,.-. ", .... 'x .... ' ,'-, · '-'-' ', ~ic~' '.'".'x .,, i'',.~',,'.~ ,.',,, ,,'x,,:. "~ -...-.~' The mailing ~address of said CitY Clerk of- th'e City.'of Plainview.'iS Post Office Box 520, Plainview, Texas 79072. Said specifications and contract documents will be furnished to prospective bidders without charge upon request made to either the City Clerk of the City of Plainview, Texas, or to William R. Hogge, Director of Public Works, both of whom have offices in the City Hall of Plainview, Texas, and whose mailing address is Post Office Box 520, Plainview, Texas 79072. The City of Plainview proposes to issue Certificates of Obligation in payment of all or a portion of the contract price and the contractual obligation it will assume. The successful bidder or bidders will be required to accept such certificates in payment of all or a portion of the contract price or assign such certificates to the party .with whom the City has made provision for the contractor to sell and assign such certificates at their face value (no accrued interest), and each bidder shall indicate with his bid whether he will accept or assign such certificates. Prices bid shall be net, excluding taxes and all other allowed dis- counts and shall be F.O.B., Plainview, Texas, in accordance with the applicable Conditions of Proposal. Bids shall be clearly marked: SEALED BID, REFUSE COLLECTION E~UI~ch~NF,O o, ~ · December 14, ].972. CITY OF PLAINRzI23~ ~- Page 3 of 9 in case of ambiguity or lack of clarity in stating the proposal price, the City reserves the right to consider the most advantageous construction Wm, R. Hogge Director of Public Works City of Plainview 3. SPECIAL CONDITIONS K~.,LATI~,G TO PAY~4ENT These Special Conditions Relating to Pa)~ent shall take precedence over the original terms of payment insofar as legal tender to be used for pa~nent is concerned. Certificates of Obligation are to be authorized under "The Certifi- cate of Obligation Act of 1971" and as stated in the notice to bidders the successful bidder or bidders will be required to accept such certifi- cates in payment of all or a poytion'of the contract price or the City .'' "-.-" Council of the City of Plainview has made provision for the contractor to sell and assign such certificates to another and each bidder is required (at the time of tile receipt of bids) to elect whc,,thcr he will accept such certificates in payment of all or a part of the contract ~price or assign such certificates in accordance ~zith such arrangements. In the event the certificates are assigned, such assignment shall be without recourse, upon receipt of the face amount of such obligation. The Certificates of Obligation proposed to be issued shall be payable on or before the maturJ_ty d'ate and shall matnre within five (5) years from their date and bear interest at a rate not J.n excess of that prescr.Lbed by Article 7!7k-2, V.A.T.C.S. The owner reserves the right to de].{ver such amo~,nt of certificates as may be required to pay its contractual Obligation (,,.~ithin the limitations prescribed by said ]ax~) or to pay the same in cash or by both certificates and cash as the gow, rning body of tile owner (issuer) may in its sole discretion determ.[ne. All s'uch payments as ma~ be due or become due sba]_l be made at the City Hall of the City of Plainvie~.:, in tlate County, Tux;~s, and all obli. ga- tions created between City and Bidder shall bt: performed at the City llall _in the City of Ptainvie_w, tlate County, Tc~xa.q~ except ¥;i~cre the nature of same requires its pcr£ormanca elsewhere. All material and equipment shall be delivered to the City free of all liens and encumbrances. { PROGkLSS FOR PEOPI~ Ti{ROUGH PLAN~ING" } CITY OF PLAINVI~ ~ Page 5 of 9 -,., ._: . The- CONTRACTOR agrees to..,complcte the..manufacture and d. eliyery Of '..:.'::~ :~[...: : ~. ':'-"the aforesaid materials, equim.nent'. Jnd/or merchandise 'complete a~'specified in accordance with the time and/or dates .~e~. ~orth..... in.. ,:'the" ~ ~ ~pr°p°sal'. . .... . _,:.': ./L".'..~:.~"' It is undarstood and agreed that the specifications and contract documents attached beret's and hereinabove set out in Addendum. No. 2 attached together with the proposal of Party of the Second Part autached hereto and made a part of this contract as though fully copied and included herein. OWNER agrees to buy said equipment for the consideration set forth above. Payment to the COXTRACTOR will be made in thc manner set forth in the Special Conditi_ons Relating to Payment as provided and set out in Section 3 of Addendum No. 2 which are made a part of this'contract, as though fully copied and included herein. IN WIT~ESS ~.~{EREOF, the parties to these presents have executed this agreement i~ the year and day first above written, ..-.,.. '.~:--.'~-...: c .'-~'-1.':' '.' ':-:'."', :: :' :::'-~-"'"'"~':'-'"'": -Party,. of:..the First Part (OWNER) ": .-- .,.-~- .... ATTEST: Party of the Second Part (CO~YFP~\CTOR) ATTEST: 'l'i Itp Title PIIOGK,:SS FOR pEOpLE %]~ROUGH ~' ' " __-----q CI~[~ OF ?L&IN~IEW Page 4 0f'9 STATE OF TEXAS COUNTY OF HALE TtlIS AGREEMENT, made and entered into this~ day of __ , A.D. 19 _, by and between the CITY OF PLAINVIEW of the County of ltale, ' the Mayor, therein duly authorized and acting through --' OWN ER and so to do, Party of the First Part hereinafter termed , and of the City of _, County of State of __, Party of the Second Part, hereinafter termed CoNTP~\CTOR. .~. ,-.:- ..... . . .- .... . ....,. ....... .,. -,:~.'. ix{' 'co~.id~ra"t~.on'~£ (-he p~5;me~'~.S and 'ajree- . . . . ~{~j~.--- ~a'-? .-......~.: ...-,. ~.. ,. .~r; .- ...... ' ~ '~{,~ssz~i~ ::' ~'" merits hereinafter menh2oned, to be z~ada and parforma~ by the Party e~ the First Part (O~.fNER), and u{~dar the conditions expressed in. .,,the.~.~b°ud~ bearLng even date herewith, t~e'said Party of the Second Paut (CO~.~H~.cioK), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the ~nanufacture and delivery of certain materials, equipment and/ or merchandise d~scribed as fol].ows: under the terms as stated in the Conditions of Proposal; and at his (or their) own preper cost and expense to furnish all ti~u ma~-er'~als, supplies, machine~'y, tools, supurintendence, labor, and otl~e~' accessories and services necessary to complete the m~mufacture and delivery of .said m~terials, equipment and/or merchandise -~n accordanc6 with the conditions and prices staled in thc propos~l attached hereto, and in accordance with the specifications and drawini~s therefor, as pre~,ared by the City of P!aiuview, all of which is made a part hereof and cotlcctivc].Y cv-ldance and constitute-: the entire cogtract. J ,rpROGRESS FOR PEOPLE CITY OF PLAtN~/IBq Page 6 of-9 pRELIMINARY ACCEt?T/,IiCE OF RI:'.FUSE This section shall supplement and araend the .item captioned "Final .; ..:.: ' ' ' ?C0.[lection . ~.-.:- - . -- Acceptanc of the Conditions ~f' Proposal. for Furnl~shing Rdfuse Containers for the City of Plainviex-~, Texas, as follows: In the event that t-he successful bidder for .Furnishing Refuse Collec- ' ~ fabricate anti complete contai, ners for delivery tion Containers is aolt_ to prior to the ava-ilability of refuse collection units to test and s. erv.[ce the conta'iners in the City of Ptainvicw, The City of Plainview x~5ll receive delivery in Plainvie¥~, Texas, of such containers nnd make Preliminary Acceptance of such containers prior to actual testing with the refuse collection units. : Inspection for Preliminary Acceptance of such complete containers shall be n:ade bv a representative of the CJ. ty Of Plainview upon delivery to Plainview, Texas~ for Partial Payment in the amou~xt of Eighty-Five ~ ~, per cent (85%) of the unit price bid per container for each container so accepted. Such Partial Payment will be made by the 15th day of the month five .- '.'-- ~ ~ .......next-following the month of Preliminary Acceptance An additional ~ per cent (5%) per cont:aSn~2r will be paid 'in the same manner follo~-~ing the ~ testing of the containers for which Partial Payment has be~m made based on the aforesaid Prcl:in~in[~ry Acceptance, such testing to be made after de]_ivery of collection units. The remaining ten (10)' per cent shall be held by the City of Plainvicw as retainage until all contaSncrs included in the contract.have been delivered and finally accepted by the City of p].a-invie¥~ after which time Final Payment ~,~il_t I~e m~de for a].l containers delivered and accepted, such payment to be made by the 15th day of the month next following the month of such completion of delivery and acceptance. Payments shall be less any penalty assessed due to delay in delivery as previously set forth.. The City of PtaSnvicw shall not be required to approve-for Preliminary Accept'anca, as set forth above, containers in group lots of less than two hundred (200) containers. Smaller g-coup lots shall be carried over to thc following month for I'relJminary Acceptance. Any reference to payment herein is subject to the terms and conditions o[ Paragranh 3 above relati, ng to the method of payment and any such pay- tn,~nts may be made by d~iivery o~ the Certzficates of ObJi~lation of the ..... CLty of P].ainvie~J, Texas" All finch paym~ents as ~nay be due or bt~come due shall be made at the C'Lty Ilat.l~ o~7 the CJ. ty ol7 Plainvic~x-~, in Ilale County, Te>:;3s, and all ob'lJgatierifi crctated betxvctcn City and B.idder sh~].l be ~- perforn~ed at thc City Hal.[ in the City of pl,ninvic~.z, I[.~.[e County, Texas, excel, pt whece the n:~ture of same requires its pc. flor:hence elsewhere. I '~RCiqRESS FOR PEOPLE THROIJGt PL~?5~ING" I CITY OF PLAt Page 7 of'9 . shall be delivered to the City .free All .material and r:qu-~pment:....:.., ..--...:':--.. ,: ..... .. :. - . :.:. "....':: .--7 .::.::. ·" all ].iens and encunfl)rances. .: . '..-...'::..'.:.'...-: .:.'v:"~'.-' ':.' ::'".'"'~ ">" "::"::?":"'"'"'"":':' :':;""::':"':": .... ::' ~,.[, SPI':CI'F,r(b\'[tO:S i~I THE pRf3~O:h\L SPKC[FICA'[tO'AS AUD CtlECK LIST FOR S22'11'~. (The Bidder for F~ont I,oad Refuse Bodies may submit this ADD- ON BiD by filling out a~d submitting the follow.Lng form with his Base Bid. The undersigned certifies that he has read the Conditions of Proposal 'and the p~-oposal Speci~icatJ-ons, understands them and a~recs to furnish, install and dali_vet the refuse units so specified in accordance with and in the manner specified therein (except as is fully outlined and explained on attached sheet or sheets if there are any exceptiones) in the time set forth below and under the same terms as for the Base Bid for the following. price, to wit: - -'-' '" ";" ":'~ '" "" '"" >'":' ': ......- ..~ .....-. ~ :. '. - '' A~lon~L Item Description & Written Price .. ' 6a. Addjtional 25 Cubic Yard Front Load Refuse Body installed on Owner's Chassis, Delivered Complete, one (1) each, per each: ~' ' d e~h~ itumfred ,~if~y-~ivz and $ II,855,80 6a-1. Railway Freight Allowed in Bid Item 6a above (F.O.B., Plainview, Texas) ,,. o~ Lbo completed unit to the 6b. Date of ,~u].ivery City ef l.,1;~i, nvSe,: sha~].l be 75 calendar days ;tlr:er recci, pl: of irt-ut:., tier.ms att l,o, ly jn.~tnl.latlon p~-:ijxt. (Ci~os:is delivery esti.~,'~t'c~d to t:e b~:twoen 60 - 90 days after aw:ted of t-oCuse body contract.) --------4 "PRCGP~ESS FOR PEOPLE ~I]-~OU~I PL,%N,iING CITY OF PLAIN¥IE]~ ~ O Page 8 of '9 6c. DEDUCT: The unde.~:sign~d proposes that. in the event he is awarded · ';"."'" the'eon't~act to furnish'ali refuse units, to include Three (3) '"" 2.5 c.y. Front Load Units, Two (2) 28 c.y. Side. Load Units with · --:: ..... ':Lifts and Two'(2)' 32-c.y'. :Side Load 'Trailer Units with ~.if.t~,"~J one order, all Jn accordance with their respective specifications, a deduction may be made from the t~,lottllt bid under Item 6a above (this deduction to be separate and in addition to deduction shown on Base Bid) itt the sum of_- $ ~oo. oo The prices bid above shall be firm and binding for until the fO!toYging date: days or Date Bidder Signature Assista~ to Pr~sidcn~ Title P.O. Box 14147, 1123 S.E.t. li~i~ary D]~ve Street or P. O. Box San ~o~o, Tex~:~ 78214 City and State FOR PEOPLE qq~OUGH PtJ~'~tNG" f CITY OF PL-"dN\~lI:h~ Page 9 of 9 "'"T :ERTIFICATE$ o? op, I,io~q"ro>l - 7. 6~5!9?.'~,' o~, ~ ....-..,... :.-~....,,-~ :., .2..:.;:..~;~........-::-,,,.-.... % .,:.?,'..~ -'.-"..' ':'" ..... In the ?v'e{~6 thai:' kl~e"~i'ndSrsigned furnish all or a portion o[ the equipment specified t it is requested . . - . .: that in[erest-bsaring Certificates of Obl'fgation 'be delivered to' l{im:i~ .... ~ '~' payment of auy amou~t the City of Plainview's governing body determines is to be paid thereby, ~nd the bidder now: Check Choice / 1. Elects to Assign [1 2. Elects Not to Assign such Certificates'of Obligation to the financial institutfon upon the receipt of the price of' par flat (no accrued interest, only the principal amount of such Certificates to be recessed). It is understood that such assigument is to be made J-~i~rJ!?~ recourse within fifteen (15) days after the receipt of such Certificates by the Contractor. In th~ event no election is clehrly shown. ~he zoverning body may a%sume this bi. drier . T electS' ~ to assi.~n,,, anv.Certificates'°f. . -. .. .. Obligation-upor "rechi pt ' of 'par flat' "'o~ t~[e" bia" ~ha5:' b'd"t:eJecCed 8. ACKN O~'7t,ED( ,1 The undersigned acknowledges that he has read and understands thi-s Addendum No. 2 and agrees to abide by the terms set forth therein, applicable to his bid. 'decemb~[ I I~_ 1972 PAk-,.[0~. i.V~NtlFACThi}ING CO,.U A, Y Bidder Date /~ Signature ~O[Ut F. ~:... '" ' .-~tDI')I~R-.~:~!JST'1 t,.mt~,~ ~ v,-"'~'?'~"~'r'~'n'- '- ' '""' .... '" 'g ' :' ' ' '"" ATTACH THIS AODENDUM ~iO. 2 Ass~t ~0 '.' T0 '.tt [-S:..I'[[O1;OSAL'. '"' ':" ' Title P.0. Box 1,1147, 11~3 S.E. Stk'cet' or 'P. O. Box Sa}t A~uto~Jl°, City and .State / OI~%q2R agrees to buy said equipment for the consideration set forth above. Pa)~nent to the CDNFIb'\CTOR will be made in the maimer set forth in the Special Conditions Relating to Pu)qnent as provided and set but in Section 3 of Adden&~n qo .... 2 which are made a part of ~tis contract, as though fully copied ~d included ~e~ in. ¢~ O~ER will cause Truck ~assis and Cab Uni~ to be delivered to CON~R'S factoz~ in San ~tonio, Texas, for insta].lation of the Refuse Collection Units. (~NTI~CiOR will instal] dm' Ilefuse Collection Units on the T~ck Chassis and Cab ~h}its and deliver dxe Thick Clmssis mxd Refuse Collection Units installed to {~h'NER F.O.B. Plainvicw, Texas. Title of ~}e Refuse Collection re}its shall remain m (D~[i'ACTOR Lmtil delivered and accepted by O,,NI:R. OI~ER will pay 'COYt'P~Ci'OR the $tS0.00 delive~ charge as proposod in ~NT~d~DR'S Letter of Transnittal. IN ~'I~ESS I~[E[~OF, the parties to these presents have exerted ~xis ~greement in the year m~d day first above written. Party of the First Part CITYfF PLAIN5/'I EW ~'FFEST: Party of the Second Part (CO~V~. P~iCTOR) Title STATE OF ~]2XAS COUNTY OF I LILE qlttS AGI~I{k~JNT, made and entered into this /~f~ day of A. D. 19~.,f , by mtd between ~J~e CITY OF PLAINVIEW of the County ofg ~Hale, and act- ing through John D. Stonehmn, the Mayor, therein duty authorizbd so to do, Party of the First Part hereinafter te~d O~R, and PAK-BDR Bt%\~JFACIURING CO~)Ah~f, a corporation of tJte .City of San 7%ttonio,' County of Bexar, mtd State of Texas, Party of the Second Part, hereinafter termed CONFP~4CTOR. [VITNq2SSEqqt: ?l~at for and in consideration of the pa>~nents m~d agreements hereinafter mentioned, to be made ~%nd perfonned by the Party of the First. Part (OIN%%R) and under the conditions expressed in the bond bearing even date herewith, ~he said Party of the Second Part (CONTIL~\CI~OR), hereby agrees with the said Party ~,~' linc I':irst Part (O~,NNER) to co~m~ence a~d co~l~lete the manufacture and delivery of cert~J~ materials, equipmm~t m~d/or merchandise described as follows: 3 each, 25 C. Y. Front Loading Collection Refuse Body Units @ $10,550.00 each plus $150.00 delivery Pak-Mor way. . . 2 each, 28 C. Y. Side Loading'Refuse Collection Body Units @ $10,060.00 each plus $1S0.00 delivery Pak-Mor way. 2 each, 32 C. Y. Side Loading Refuse Collection Trailers @ $13,2~8.00 each plus $150.00 delivery Pak-Mor way. %uider the te~m as stated in the Conditions of Proposal; and at his (or their) o~ proper cost ~d ex, peP. se to furnish all the materials, supplies, machinery, tools, superintendence, labor, and other accessories and se~ices nec.essa~>~ to complete the m~mufacture and delive~~ of said materials, equipment ~md/or mcr~ chandise in accordm~cc with the conditions m~d prices stated in tjm proposal attached hereto, m~d in accordance with the specifications ~md drawings therefor, as prepared by the City of Pla~nview, all of which is made a part hereof and col- lectively evidence m~d constitute tJ~e entire contract. ~t~e CONTIS\C1DR agrees to comp].ete the manufacture m~d delivery of the ~foresaid materials, equipment and/or merchandise complete as specified in accordance with the time and/or dates set forth in the proposal. It is t~derstood and agreed that the specifications m~d contract documents ~ttached hereto and hereinabove set out in Addendum No. 2 attached together with the proposal of Party of the Second Part (Ii~cludJng CONTI~iUfOR'S Letter of Trm~s- aittal) attached hereto "-m~d made a part of this contract as though fully copied :md Jmcluded herein. --/ AND grH~EAS, it is affirmmtively found and determined (i) that the aforesaid proposal and form of contract of Pak-Mor Manufacturing Company, was submitted in accordance wit]i the specifications and in accordance with the published notice to bidders; (ii) that the award- ing of such contract and the issuance of the certificates of obli- gation herein authorized will not exceed any constitutional or statutory authority of the City under the Constitution and laws of the State of Texas; (iii) that the contract should be and the same is hereby entered into by and between the City of Plainview, Texas, and the aforesaid successful bidder, as ]hereinabove set forth; and (iv) that all prerequisites for makita; a legal, binding and sub- sisting contract by and between the City and the aforesaid success- ful bidder have been complied with, and that al% the provisions of The Certificates of Obligation Act of 1971 have been- followed, and that this City Council may properly proceed with the ordinance authorizing the issuance of said ce~-tificates to be delivered in payment of a portion of the cost of the aforesaid refuse collection equipment; and ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: The issuance of the notice to bidders by the City Manager is in all things ratified and confirmed. SECTION 2: That the aforesaid contract is hereby in all things RATIFIED, APPROVED, CONFIRHED AND ADOPTED. SECTION 3 : That pursuant to the aforesaid contract there shall be, and there is hereby ordered to be issued, under and by virture of the Constitution and laws of the State of Texas, the certificates of obligation of said City in the total principal sum of SEVENTY FIVE THOUSAND AND NO/t00 DOLLARS ($75,000.00), to be known as "CITY OF PLA!NVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973," dated April 1, 1973. SECTION 4: That said certificates shall be numbered consecutive- ly from Sixty Five (65) through Seventy Nine (79); shall be in denomina- tions of Five Thousand Dollars ($5,000.00) as shown below, aggregating the principal sum of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00); and shall mature serially, without right of prior redemption, on April 1 in each of the years in accordance with the following schedule: CERTIFICATE ~ERS (Ail Inclusive) DENOMINATION }~TURITY ~MOUNT 65 thru 79 $5,000.00 4-1-78 $75,000.00 That the balance of the contract consideration shall be paid in cash by the City of Plainviewo 220 SECTION 5: That said Certificates Nos. Sixty Five (65) through Seventy Nine (79) shall bear interest from date untiI paid at the rate of three and eight-tenths per centum (3.8%) per annum; which interest shall be payable on April 1, t974, and annually thereafter on April 1 in each year, such interest to be evidenced by proper coupons attached to each of said certificates. SECTION 6: That the principal of and interest on said cer- tificates 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 BA~NK, Plainview, Texas, upon presenta- tion and surrender of proper~certificates or coupons. ~ECTION 7: That each of said certificate~' shall be signed by the Mayor, countersigned by the City Secretary, and registered by the City Treasurer of the City of Piainview, Texas, and the cor' porate seal of the "CITY OF PLAtNVIEW, TEXAS" shall be impressed on each certificate. The facsimile signatures of the Mayor and City Secretary May be tithographed or printed on the interest coupons attached to each of said certificates. SECTION 8: That the form of said certificate shall be substantially as follows: NO. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF t~LE CITY OF PLAINVIEW, TEXAS CERTIFICATE OF OBLIGATION SERIES 1973 $ 5~000 THIS IS TO CERTIFY that, for value received, the City Of P!ainview, a municipal corporation of the State of Texas,' is justly indebted to and hereby obligates itself to pay ho PAK-MOR MANUFACTURING COMPANY, Contractor, or bearer, with righ~ of prior rademption or or before the principal due date by proViding thirty (30) days notice in writing of proposed payment of accured in- terest and principal, on the 1st day of April, 1978, a.t the CITY NATIONAL BANK, P!ainview, Texas, the sum of FIVE THOUSAND DOLLARS ($5,000), in lawful money of the United States of America with in- terest thereon from date hereof until paid at the rate of three and eight-tenths percentum (3.8%) per annum, payable on April 1, 1974, and annually thereafter on April 1 in each year, and the Treasurer of said City is hereby authorized and directed to pay the said Contractor, SECTION 9: The form of said interest coupons shall be substantially as follows: NO. ON THE 1ST DAY OF APRIL,, 197 $ the CITY OF PLAINVIEW, a municipal corporation of the State of Texas, hereby promises to pay to PAK-MOR MAN~ACTIZRING COMPA~NY, Contractor, or bearer, at the City National Bank, Plainview, Texas, the sum of ($ ), in lawful money of the United States of America, without exchange, or collection charges to the o~ner or holder, said sum being one year,'s interest due that day on "City of Plainview, Texas, Certificates of Obligation, Series 1973," dated April 1, 1973. CERTIFICATE NO. y Secretary SECTION 10: That the following certificate shall be printed on the ~back of each certificate of obligation: ASSIGLrMENT THIS IS TO CERTIFY THAT PAK-MOR N~JqUFACTURING COMPANY, Contractor, has received the within certificate of obligation from the City of P!ainview, Texas, in part payment of ~the amount due by said City to said Contractor by virtue of the valid ar~ subsisting contract entered into by and between said Contractor and said City on the 10th day of January, 1973, and for value received, said Contractor hereby trans- fers, assigns, sells and delivers to bearer, without recourse, all its right, title and interest in and to t~e within principal cer- tificate of obligation and interest thereon, and said bearer is here- by~subrogated to all claims, liens, rights and title whether at law or in equity which are or may be secured to said Contractor in the aforesaid contract, and the bearer hereof is authorized to collect the same and give full receipt and acquittance therefor. PAK-MOR. MANUFACTURING COMPANY Contrac tot By. Its; SECTION 11: That of the said certificates One (t) through Eighty (80) as printed and issued above the Certificates Nos. Sixty Five (65) through Seventy Nine (79) herein provided-for shall be executed and delivered by the Mayor, City Secretar~ and City Treasurer upon order of this City Council at such time as the refuse collection equipment herein described is delivered and ~ccepted by the City, and the balance of the contract price shall be paid'by the City out of funds legally available for the purpose, and such amount is hereby appro- priated therefor and shall be used for no other purpose; and the City Treasurer is authorized and directed to set such amount aside. SECTION 12: That to provide for the payment of the debt ser- vice requirements on the said certificate~ being (i) the interest of said certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of two percent (2%) (whichever amount shall be greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said cer- tificates or interest thereon shall remain outstanding and unpaid,. a sufficient tax on each one hundred dollars' valuation of taxable prope~'ty in said City, adequate to pay such debt', service require- ments, and full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and ap~tied to the payment of said debt service requirements, and the same shall not be diverted to any other purpose.. The taxes so levied shall be paid ~nto a fund known as "SPECIAL CITY OF PLAINVIEW, TEXAS, CERTIFICATE OF OBLIGATION FUND, SERIES 1973," which is hereby es- tablished for the payment of the obligations herein authorized. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such warrants, it having be&n 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: The fact that it is to the best interest of the City to acquire the refuse collection equipment at ~he earliest possible date constitu.tes and creates an emergency and 'an urgent public necessity, requiring that any rule providing for ordinances to be read and voted upon more than one time or at more than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules and provisions are accordingly suspended, and this ordinance is'passed as an emergency measure and shall take and have effect and be in full force from and after its passage. SECTION 14: Wherever the word "City Secretary!' appears in this ordinance and Wherever the word "Ci. ty Secretary" appears in the cer- tificates above provided for, the same shall mean and refer to the "City Clerk" of Plainview, Texas. PASSED AND APPROVED, This the A. D. 1973. 6th day of August ~ o~r~ Ci%~ ~f Plain~iew, Texas ATTEST: city Clerk, City of ~lainview, Texas APPROVED: City Attorney, City of Plainview, Texas GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW WE, the undersigned, Mayor and City Clerk respectively, ~f the City of Plainviaw, Texas, DO HEREBY CERTIFY as follows: '1. That the following is a full and correct statement of the tax-supported indebtedness of said City as of the date hereinbelow shown: Amount Int. . Maturity Outstanding $510,000 Indebtedness Date Gen. Obligo 1-15-63 2.75% 120,000 1-15-74 Series 1963 2.80% 125,000 75 2.85% 130,000 76 2.90% 135,000 77 Park 1-15-63 2.75% 25,000 1-15-7~ Se~es 1963 2.80% 25,000 75 \, 2.85% '25,000 76 2.90% 25,000 77 Gen. Oblig. 3-15-~6 5% 10,000 3-15-74/77 Series 1966 3.75% 95,000 78/79 , 3.70% 100,000 80/82 3.-80% 100,000 83/86 $100,000 $930,000 Certificate 'of Oblig. Series 1971 8-1-7~ 1.75% 10,000 5-1-74/81 $ 80~000 TO~AL TAX-SUPPORTED INDEBTEDNESS ........ $1,620,000 Sinkin~ funds on hand to credit of above debt.' $140,963.68 2. That in accordance with Section 11 of the ordinance authorizing the 'issuance of $250,000.00 "CITY OF PLAINVIEW, TEXAS,. CERTIFICATES OF OBLIGATION, SERIES 1973," dated April 1, 1973, there has been set aside the amount of $4,205~00 in cash out of funds of the City of Ptainview legally available for the purpose, and such amount (or so much thereof as may be necessary to pay the balance due on the said contract with Fabit Corporation) is hereby appro- priated and shall be used for the purpose of paying the balance of the con- tract 5etween the City and Fabit. Corporation, which is not paid by the issuance and delivery of the aforementioned certificates of obligation,· such contract being dated December 11, 1972. 3. That the following are the duly quaiified and acting officers of said City: JO~Eq D. STONEHAM MAYOR KELTZ GARRISON ~IEDLIN CARPENTER RIC~L~RD E. CROSS NEAL WILLIAMS JACK OSWALD MARSHALL A. PHARR M. L. REA JOE SHARP WALTER S. DODSON ALDERbLAN AND MAYOR PRO TEM ALDERP[AN ALDER~tAN ALDERPtgN ALDER>fAN CITY ~hiNAGER CITY ~CLERK - TREASURER CITY ~TORNEY TAX ASSESSOR - COLLECTOR 4. That the City of Plainview, Texas~ is operating under the Home Rule Amendment of the Constitution of the State of Texas, being Section 5 of Article XI, as amended in 1912; and that the Charter of said City was adopted at an election held for that purpose on April 6, 1920, and amended at an election held for that purpose on April 7, 1964, and there have been no further amendments to this date. the WITNESS OUR HANDS AND SEAL OF THE CITY OF PLAINVIEW, TEX~S, this 6th day of August , 1973. STO~EHA~ Mayor., City o~ Plalnview, {~exas ~ L~g-Treasu~e'r, ~'i-~y of plainview, Texas (City Seal) O NANCE a Y AN ORDINANCE RATIFYING AND CON]?LRiMING CONTRACT AND AUTHORIZING ISSUANCE OF $250~000.00 "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973, DATED APRIL 1, -"[973 " THE ST~iTE OF TEXAS COUNZ% OF HALE CITY OF PLAIN-VIEW ON THIS the 6th day of August, ][973, the City Council of the City of Plainview, Texas, cOnvened in regular session at the regular meeting place thereof in the City Hal]I, the meeting being open to the public and notice of said meeting,~ giving the date, place and subject thereof, having been posted as prescribed by Article 6252- 17, Section 3A, V.A.T.C.S., there being ]present' and in attendance the following members, to-wit: KELTZ GARRISON ) MEDLIN CARPENTER ) NEAL WILLIAMS ) RICHARD CROSS ) JACK OSWALD ) with the following absent: AT,DERI~a~ AND MAYOR PRO TEM ALDERMEN John D. Stoneham constituting a quorum; and among other proceedi~s had were the following: The Mayor Pro Tem introduced a proposed ordinance. The ord- inance was read in full. Alderman Williams made a motion that any rule requiring ord- inances to be read more than one time or at more than one meeting be suspended. The motion was seconded by Alderman Carpenter and carried by the following vote: AYES: Aldermen Garrison, Carpenter, Williams, Cross and Oswald. NOES: None. Alderman Williams made a motion that the ordinance be passed finally, The motion was ~econded by Alerman Carpenter and carried by the following vote: AYES: Aldermen Garrison, Carpenter, Williams, Cross and Oswald. NOES: None. The Mayor Pro Tem announced that the ordinance h~d been finally passed. The ORDINANCE is as follows: AN ORDINANCE by the City Council of°the City of Plainview, Texas, ~atifying and confirming contract for the ac- quisition of certain 60 four cubic yard front load refuse collection containers and 1,950 three, c.ubic yard side load refuse collection containers in order to increase the sanitation collection ability of the City sanitation department; providing for the issuance of interest-bearing certificates of obligation for the purpose of paying all or a portion of the cost of such equipment, enacting provisions incident and~ relating to this ordinance; and declaring an emergency. WHEREAS, by resolution heretofore adopted by this City Council on the 27th day of November, 1972, the City Manager caused notice of the City's intention to receive bids for certain Cefuse collection equipment to be published in the Plainview Daily Herald on the 29th day'of November , 1972 .. and the 6th day of December 1972; and WHEREAS, in response to said advertisement bids were received, opened, read and tabulated in accordance with the aforesaid notice, and the City Manager has reported to this Council that the lowest and best bid was submitted by FA_BIT CORPORATION and there has now been submitted to this Council the proposal and form of contract executed for and on behalf of said Contractor, such instrument being as follows: PROPOSAL SPECIFICATIONS AND CHECK LIST FOR FUt{NISHING REFUSE COLLECTION CONTAINERS FOR THE CITY OF PLAINVIEW, TEXAS Honorable Mayor and City Council City of Plainview P. 0. Box 520 Plainview~ Texas 79072 Gen tle~en: Pursuant to the Notice to Bidders and in accordance with the Conditions of Proposal, Drawings and the following Specifications, the undersigned~ proposes to furnish the Refuse Collection Containers set forth therein, complete, as indicated below. The undersigned indicates conformance or exception to the Specifications by check marks in boxes or spaces provided with Specifications below Exceptions to the S ' pec~zzcat~ons and/or Drawings, if any, are listed- and explained fully-on the attached sheet or sheets. Requirements A. GENERAL: 1~ All'containers shall be constructed of hot-rolled, annealed, blue, commercial quality steel conforming to ASTM designation A-36 and successful Bidder -. .....~-~.:$hall provide certificate that metal used in containers is of that quality Floor, 12 gage b. Walls, 12 gage c. Lids, 14 gage Construction shall be all welded and water tight ms Steel plates and sheets shall be continuously welded with all corners down-welded for greater strength Each container shall have continuous 12 gage reinforcing channel welded around the top of the container opening for.added strength Container Meets Requirements Yes No [ [ ] / [~] [ ] [ ] [ ] / [/] [ ] [ ] [ ] Page 1 of 8 10. Requirements Container members such ~s skids',' ' reinforcement, channels, etc., may be skip welded first, but all remaining unwelded joints and seams shall be caulk welded to prevent rust streaks from developing Ail welds shall be uniform and neat in appearance without puddling and shall form a secure bond between the metals Lids shall be hinged to the container and shall be so constructed that the entire dumping cycle may be completed without removing the lids. The lids shall automatically close after dumping Lids shall be continuously reinforced on the edges by means of channel bends or reinforcement channels Lids shall be provided with lifting handles for easy opening, located as shown on the Drawings Containers shall be equipped with one (1) one and one-half inch (t 1/2") drain with threaded plug located at the bottom of one side as shown on the Drawings After all welding has been completed, containers including all doors, lids, sleeves, channels, welds, hinges, etc., shall be sand or shot blasted before painting to thoroughly clean metal components of all dirt, grease, slag, rust and other foreign matter from container to insure proper adherance of the paint system specified below 11... Containers shall be primed inside and out with two (2) coats of rust resistant primer, and finish painted outside, including bottom, with two (2) coats of industrial enamel. Doors and lids shall receive two (2) coats of industrial enamel inside as well as outside. Paint shall be clean and free from foreign material and shall be applied evenly without puddles, runs or sags Page 2 of 8 Container Meets Requirements Yes No [ Yq [ ] / ! Requirements 12, .Rust proof identification plates stamped with the name of the manufacturer. and serial number of Container shall be permanently attached to each completed container near top on outside front wall B. FRONT LOADING CONTAINERS: 1. Front loading containers shall be suitable for use with'refuse collection equipment which lifts the container over the front of the truck ~hassis and dumps its contents into the top, of ,, the refuse collection body (See Drawings) 2. Walls of the container Shall be reinforced by means of two (2) vertical "V" crimps in f~ont and rear walls and one (1) vertical "V" crimp in each side wall, dividing each wall into equil panels between and on either side of crimps · 3'. Floor shall be reinforced bY means of a continuous skid channel on Underside in the center from front to rear and having both ends sealed (12 gage minimum) 4,.. ~nclosed channel resting pads shall be ~ placed on underside of floor at each eorner of container (12 gage minimum) 5. Fork lift sleeves ~ade of 10 gage (minimum) steel, with open ends, rein- forced with 1/4" x 2" strap around front ends and 1/4" plate gussets 'top and bottom at each end (strap and gussets to be continuously welded to container and Sleeves), shall be continuously welded tO side walls of container 6. EaCh container shall have two (2) tO gage Wear or bumper corner ptates installed on --~ ........ each corner of front wall in-line witlh '~ lift sleeves~ Each container shall have two (2) lids, attached to the qontainer by means of three (3) triple bar and strap type hinges. Lids shall hinge on 3/4" Sch~dule ~0 pipe having end devices for secnring it · in place Container Meetj Requirements Yes No~ [ ] [ ] [ ] .] Page' 3 of 8 Requirements Each container lid shall have a' two (2) position 1/2" diameter prop rod to hold lid 1/3 and 2/3 open during loading of refuse, located On inside of container and designed to prevent lid from over opening in case of high wind Conditions Lid lifting handle shall be located on outside edge of lid near front corner (not on top or front) C. SIDE LOADING CONTAINERS: Side loading containers shall be suitable for use with refuse collection equipment which lifts the conta±ner along the side of ~he refu'se collection body and dumps its contents into the top of body 2: Bidder shall use the furnished Drawings as a guide for preparing his proposal, but shall verify the exact dimensions and location of components with refuse collection unit in order-to insure container compatibility as set forth in the Conditions of Proposal Container walls shall be of smooth sheet or plate steel accurately-shaped'with edges bent and lapped for welding Floor shall be reinforced by means of two (2) continuous skid channels on the undersida. from front to rear and having both ends sealed (12 gage minimum) Container shall have three (3) piece hinged lid designed, for top loading and dumping With lids automatically opening and closing during dump cycle Lids shall be constructed of 14 g6ge metal, .edges. crimped to form. channel typ~.reinforcev.. ment, corners 'welded, with additional rein- forcement at hinged section to prevent sagging or bulging when in open or closed position. Lids shall be formed to fit snug without binding~.in closed position and shall open completely during dump cycle Container Meets Requirements Yes No ? ['/] [ ] [ /] [ ] / / / [ ] [ ] Page 4 of 8 10. 11. 12. Requirements Upper half of lid shall cover entire width of container; lower portion shall be two (2) equal size hinged lids, each having a lift handle for easy opening Upper half of lid shall be connected to container and to lower lids by means of continuous heavy duty piano type hinges with 1/4" diameter pins. Top hinge shall be welded to lid and attached to container by means of 1/4" bolts With locking nuts; lower hinge shall be welded to lids. Both hinges shal!~be full width of container and lids for added stability 13. Ail hinges, piqs or rods shall have positive locking devices such as flanges, cotter keys, etc., which shall prevent loss or displacement Upper half of lid shall be prevented from over opening beyond full open by means of 3/16" cadmium plated chain attached to the lid and the side of the container ~ift arms of 1/4" channel iron shall be welded along each side of the container Heavy duty cast steel t~pere~ rollers;' with bored bolt hole shall be bolted into steel box assembly at front end of lift arms with no allowance for roller travel other than absolute track alignment. Roller bolt :shall be threaded into mounting nut welded to box assembly and shall be held in place by means of lock nut tightened against mounting nut. Roller shall spin freely on bolt An angle locking fletcher of 1/4" steel shall be continuous welded both top and lower side to each lift arm channel. It shall be of positive ~es~gn with guaranteed assurance that -.it w~ll not allow container to overtravel, undertravel, or cause container to misa!ign and hang up in loading hopper or hang uo as detachable container is lowered to ground level Container Meets Requirements Yes No [/] [ [U] [ [ ] [ ] [/] [. Page 5 of 8 14. Requirements An attachment section or plate of 1/4" steel shall be continuously welded at -all contact points to each lift 'arm channel. Each such piate shall have two'machined drilled holes of guaranteed measurement. The holes shall be drilled to a tolerance that when container is - retrieved it approaches lifting operation completely level with only the rollers touching or riding on guide rails and such that as the container approaches and reaches the dumping cycle, the lids will open by gravity and no part of the container except the rollers and the angle locking fletchers will come in contact with the refuse packer body Container Meets Requirements Yes No 15. Wear plates of I0 gage steel shall be welded to the container on each side above and behind the attachment section or plate and on each side of the front of the container where the refuse collection unit container repositioning device rests against' the container WARRANTY: [/] [ ] Attached hereto and made a part of this proposal- is a Full, Warranty which guarantees each container furnished and all its components against defects in materials and workmanship for a period of one (1)'year from the Date of Delivery to the City of I Plainvie~ (Warranty must accompany proposal) E. PROPOSAL: The undersigned certifies thaC he has read the Conditions of Proposal~and these Specifications and has examined the Drawings, understands each of them and agrees to furnish and-deliver the refuse containers so. specified in accordance with and in the manner specified therein (except as is fully outlined and explained on attached sheet or sheets if there are any exceptions) in the time set forth.below for.!he following sums, to=wit:. Item Description & Written Price Amount 1. Four Cubic Yard Front Load Containers, Delivered Complete, 60 Each, per each _ ~e ~ oE 8 Item Description & Written Price ~nount R~nree Cubic Yard Side Load Containers, .Delivered Complete, 1,950 Each, per each 4. TOTAL AMOUNT BID The prices bid above shall be firm and binding for '~ days or until the following date: · t / 7 v _. F. D~LIVERY: The undersigned agrees that, if awarded the contract to furnish the containers proposed, he shall deliver such containers according to the following delivery schedule: Four Cubic Yard Front-Load Containers: Delivery shall commence within ~2~'.~~'~ __days after receipt of order and shall continue at the rate of %~_ ~ containers per week thereafter until all containers are delivered by truck,'F.O.B, any point in P!ainview, Texas, Three Cubic Yard Side-Load Containers: Delivery shall commence within ~ ([P days after receipt of order and shall continue at the rate of ./~.~ ~.--z, ,~c~nta~.ners per week thereafter until all containers are delivered by truck, F.O.B. any point in Plainview, Texas. The undersigned agrees that time is of essence in the completion of delivery of the containers and that for every calendar day of del~y beyond the time set forth above, the City of Plainview may withhold permanently from the Bidder's total.comoensation the sum of Fifty Cents ($0.50) per container so delayed in delivery as liquidated damages. The undersigned agrees that he is responsible to manufacture and deliver containers which are of high qualityf conplete, with first class finish --a~d full~ compatible with the refuse collection equipment to be used by the City of Plainview. The undersigned agrees to insure such compatibility of containers with refuse collection equipment by inspecting the lift and dumping mechanisms of the refuse collection equipment to be used, fabricate container prototypes for testing, exhibit and approval, incorporating modifications suggested by refuse collection equipment supplier, and to furnish the required Certificate of Compatibility prior to manufacture of containers to be delivered as set forth and specified in the Conditions of Proposal. Page 7 of 8 The undersigned agrees to procure at his own expense all permits, certificates and licenses required of him b~ law for the manufacturing of the containers to be furnished, and to pay. all patent fees, license fees and royalties for the use of components or processes used in containers, their manufacture and their use, and to hold the City of Plainview free from any liability arising from the use of any and all such patents in connection with-the containers furnished and their use. Attached hereto is a Certified or Cashier's Check or Bidder's Bond payable to the City of Plainview in an amount equal to five (5) per cent of the total amount bid. It is understood that this bid security will be returned to the Bidder, unless in case of acceptance of the Proposal, the Bidder shall fail or refuse to execute a contract and file a performance bond 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 pas~ent for damages due to delay and other inconveniences suffered by the City on account of such failure of the Bidder. It is further understood that the City of Plainview reserves the right to reject any and'all bids or proposals, to waive all formalities and to make the award of the contract to furnish the containers based on the proposal , deemed by the City of Piainview to be the most advantageous and in the best interest of the City. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Date Street or P. O. Box .City and State Page 8 of Page 1 of 9 ADDENDUM NO. ~2 November 27, 1972 CITY OF PLAtNVIEW~ TEXAS~. PROPOSALS FOR TRUCK CHASSIS Ak~ CAB UNITS, REFUSE COLLECTION UNITS_~ ~MD REFUSE COLLECTION CONTAINERS. - Ib~ORTANT: The bidder must execute and attach this Addendum No. 2 to his proposal. Failure to do so shall be grounds for rejection of his proposal. 1. 6R!GINAL SPECIFICATIONS "Conditions 'of Proposal, Proposal Specifications and Check Lists and Contract for Furnishing Truck Chassis and Cab Units and for Furnishing Refuse Collection Units and Furnishing Refuse Collection Containers" orig- inally prepared and distributed for the previous bid date of November 28, 1972, shall be applicable for bids submitted on December 14, 1972, except as set forth in Items of this Addendum which exceptions shall control over any contrary provisions set forth in the original documents. Bid forms provided therein shall be used to submit Proposals, it being understood tha~ the terms and conditions contained herein shall apply as if written and contained in the above captioned doc'uments. 2. NOTICE TO BIDDERS NOTICE TO BIDDERS OF INTENTION OF CITY OF PLAINVIEW, TEXAS, TO LET CONTRACT FOR PURCHASE OF REFUSE EQUIPMENT Sealed bids addressed to the Honorable Mayor and City Council of the City of Plainview, Texas, will be received at the office of the City Clerk at the City Hall, 901 'Broadway, Plainview, Texas, until 2:00 p.m., C.S.T., Thursday afternoon, December 14, 1972, for the furnishing of: Truck Chassis and Cab Units, Refuse Collection Units and Refuse Collection Containers for the City of Plainview. At the time and place indicated bids will. be publicly opened and read aloud by the Mayor and City Council meeting in special sessiom at the time in the Council Chambers. The bids shali then be referred or retained by the City Manager for tabulation, checking and evaluation. Final award of the con- tract or contracts is proposed to be made at 7:30 p.m.,'C.S.T., on December 18, 1~972, by the City Council convened at its regular meeting place at the City Hall. - Page 2 of 9 The Mayor and City Council reserve the right to reject any and all bids, to waive all formalities and to make awards of the contracts based on the bid or bids deemed to be most advantageous and in the best interest of the City of Ptainview. Specifications for the equipment and machinery to be purchased are on file with the City Clerk of the City of Piainview, whose office is in the City Hall of the City of Plainview, where they may be ~xamined without charge. The contract documents are contained in the same instru- ment in which the specifications have been set out and said contract documents are also on file with the said City Clerk of the City of Plainview and said specifications as well as the said contract documents may be examined without charge at the office of said City Clerk'of the City of Piainview, Texas. The said specifications and contract documents may be obtained from William R. Hogge, Director of. Public Works, whose office is in the City Hall of the City of Plainview, Texas, and,whose mailing address is Post Office Box 520, Plainview, Texas 79072. The mailing address of Said City Clerk of the City of Plainview is Post Office Box 520, Plainview, Texas 79072. Said specifications and contract documents will be furnished to prqspective bidders without charge upon request made to either the City Clerk of the City of Plainview, Texas, or to William R. Hogge, Director of Public Works, both of Whom have 'offices in the City Hall of Plainview, Texas, and whose mailing address is Post Office Box 520, Plainview, Texas 79072. The City of Plainview proposes to issue Certificates of Obligation in payment of all or a portion of the contract price and the contractual obligation it will assume. The successful bidder or bidders will be required to accept such certificates in pa~nent of all or a portion of the contract price or aJsign such certificates to the party with whom the City has made provision for the contractor to sell and assign such certificates at their face value (no accrued interest), and each bidder shall indicate with his bid~ether he will% accept or assign such certificates. Prices bid shall be net, excluding taxes and all otb. er allowed dis- counts and shall be F.O.B., Plainview, Texas, in accordance with the applicable Conditions of Proposal. Bids shall be clearly marked: SEALED BID, REFUSE COLLECTION EQUIPMENT, December 14, 1972. Page 3 of 9 In case of ambiguity or lack of clarity in stating the proposal price, the City reserves the~ r~ght to consider the most advantageous construction thereof or to reject the bid. Wm. R. Hogge Director of Public Works City of Plainview 3. SPECIAL CONDITIONS RELATING TO PAYMENT These Special Conditions Relating to Payment shall take precedence over the original terms of payment insofar as legal tender to be used for payment is concerned. Certificates of Obligation are to be authorized under "The Certifi- cate of Obligation Act of 1971" and as stated in the notice to bidders the successful bidder or bidders will be required to accept such certifi- cates in payment of all or a portion of the contract price or the City Council of the City of Plainview has made provision for the contractor t'o sell and assign such certificates to another and each bidder is required (at the time of the receipt of bids) to elect whether he will accept such certificates in payment of all or a part of the contract price or assign such certificates in accordance with such arrangements. In the event the certificates are assigned, such assignment shall be without recourse, upon receipt of the face amount of such obligation. The Certificates of Obligation proposed to be issued shall be payable on or before the maturity date and shall mature within five (5) years from their date and bear interest at a rate not in excess of that prescribed by Article 717k-2, V.A.T.C.S. The owner reserves the right to deliver such amount of certificates as may be required to pay its contractual obligation (within the limitations prescribed by said law) or to pay the game in cash or by both certificates and cash as the governing body of the owner (issuer) may in its sole discretion determine. Ail such payments as may be due or become due shall be made at the City Hall of the City of Plainview, in Hale County, Texas, and all obliga- tions created between City and Bidder shall be performed at the City Hall in the City of Plainview, Hale County, Texas, except where the nature of same requires its performance elsewhere.~ Ail material and equipment shall be delivered to the City free of all liens and encumbrances. Page 4 of 9 4. EXAMPLE CONTRACT CONTRACT STATE OF TEXAS COUNTY OF HALE THIS AGRE~iENT, made and entered into this day of A.D. 19__, by and between the CITY OF PLAiNVIEW of the County of.Hale' and acting through_ _, the Mayor, therein duly authorized so to do, Party of the First Part hereinafter termed OWNER, and of the City of State of , County of .., and Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party of the First Part (O~ER), and under.the conditions expressed in the bond bearing even date herewith, the .said Party of the Second. Part (CONTRACTOR), hereby agrees with the said Party of the First Part (O~ER) to commence and complete the manufacture and delivery of certain materials, equipment and/ or merchandise described as follows: under the terms as stated in the Conditions of Proposal; and at his (or their) own proper cost and expense to furnish all the materials~ supplies, machinery, tools, superintendence, labor, and other accessories and services necessary to complete the manufacture and delivery of said materials, equipment and/or merchandise in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with the specifications and drawings therefor, as prepared, by the City of Plainview, all of which is made a part hereOf and collectively .evidence and constitute the entire contract. Page 5 of 9 The CONTRACTOR agrees to complete the manufacture and delivery of _the aforesaid materials, equipment and/or merchandise complete as specified in accordanc~ with the~time and/or dates set forth in the proposal. It is understood and agreed that the specifications and contract documents attached hereto and hereinabove set out in Addendum No. 2 attached together with the proposal of Party of the Second Part attached hereto and made a part of this contract, as though fully copied and included herein. OWNER agrees to buy said equipment for the consideration set forth above. Payment to the CONTRACTOR will be made in the manner set forth in the Special Conditions Relating to Payment as provided and set out in Section 3 of Addendum No. 2 which are made a part of this contract, as though fully copied and included herein. IN WITNESS ~EREOF, the parties to these presents have executed this agreement in the year and day first above written. Party of the First Part (OWNER) ATTEST: Mayor City Clerk Party of/the Second Part (CONTRACTOR) ATTEST: By__ Title Title Page 6 of 9 5. PRELIMINARY ACCEPTANCE OF REFUSE COLLECTION CONTAINERS This section shall supplement and amend the item captioned "Final Acceptance" of the Conditions of Proposal for Furnishing Refuse Collection Containers for the City of Plainview, Texas, as follows: In the event that the successful bidder for Furnishing Refuse Collec- tion Containers is able to fabricate and complete containers for delivery prior to the availability of refuse collection units to test and service the containers in the City of Plainview, The City of Ptainview will receive delivery in Plainvi~w, Texas, of such containers ahd make Preliminary Acceptance of such containers prior to actual testing with the refuse col%ection units. Inspection~for Preliminary Acceptance of such complete containers shall be made by a representative of the City of Plainview upon delivery to Plainview, Texas, for Partial Payment in the amount of Eighty-Five per cent (85%) of the unit price bid per container for each container so accepted. Such Partial Payment will be made by the 15th day of the month next following the month of Preliminary Acceptance. An additional five per cent (5%) per container will be paid in the same manner following the testing of the containers for which Partial Payment has been made based on the aforesaid Preliminary Acceptance, such testing'to be made after delivery of collection units. The remaining ten (10) per cent shall be held by the City of Plainview as retainage until all containers included in 'the contract have been delivered and finally accepted by the City of P!ainview after which time Final Payment will be made for all containers delivered and accepted, such payment to be made by the 15th day of the month next following the month of such completion of delivery and acceptance. Payments shall be less any penalty assessed due to delay in delivery as previously set forth. The City of Plainview shall not be required to approve for Preliminary Acceptance, as set forth above, containers in group lots of less than two hundred (200) containers. Smaller group lots shall be carried over to t~e following month for Preliminary Acceptance. Any reference to payment herein is subject to the terms and conditions of Paragraph 3 above relating to the method of payment and any such pay- ments may be made by delivery of the "Certificates of Obligation of the City of Plainvjew, Texas". Ail such payments as may be due or become due shall be made at the City Hall of the City of Plainview, in Hale County, Texas, and all obligations created between City and Bidder shall be performed at the City Hall. in the City of Plainv~ew, ttate County, Texas, except where the nature of same requires its performance elsewhere. Page 7 of 9 Ail material and equipment shall be delivered to the City free of all liens and encumbrances. B~D-ON BID FOR FURNISHING ONE_~.) EXTRA FRONT LOAI) REFUSE BODY MEETING SPECIFICATIONS IN THE PROPOSAL SPECIFICATIONS AND CHECK LIST FOR SAME. (The Bidder for Front Load Refuse Bodies may submit this ADD- ON BID by filling out and submitting the following form with his Base Bid. .The undersigned certifies that he has read the Conditions of Proposal and the Proposal Specifications, understands them and agrees to furnish, install and deliver the refuse units so ~pecified in accordance with and in the manner specified therein (except: as is fully outlined and explained on attached sheet or sheets if there are any exceptions) in the time set forth below and under the same terms as; for .the Base Bid for the following price, to wit: Item Description & Written Price Additional 25 Cubic Yard Front Load Refuse Body installed on ~vner's Cha-ssis, Delivered Complete, one (1) each, per each: Amount 6a-1. Railway Freight Allowed in Bid Item 6a above (F.O:B., Plainview, Texas) 6b. Date of Delivery of the completed unit to the City of Plainview shall be calendar days after receipt of truck chassis at body installation point. (Chassis delivery estimated to be between 60 - 90 days after award of refuse body contract.) ) $ Page 8 of 9 DEDUCT: The undersigned proposes that in the event he is awarded the contract to furnish all refuse units, to include Three (3) 25 c.y. Front Load Units, Two (2) 28 c.y. Side Load Units with Lifts and Two (2) 32 c.y. Side Load Trailer Units with Lifts, as one order, all in accordance with their respective specifications, a deduction may be made from the Amount bid under Item 6a above (this deduction to be separate and in addition to deduction shown on Base Bid) in the sum of $ The prices bid above shall be firm and binding for until the following date: days or Date Bidder Signature Title Street or P. O. Box City and State Page 9 of 9 7. ASSIGNMENT OF CERTiFiCATES OF OBLIGAT n~T In the 'event that the undersigned bidder is awarded a contract to furnish all or a portion of the equipment specified, it is requested that interest-bearing Certificates of Obligation be delivered to him in payment of any amount the City of Plainview's governing body determines is to be paid thereby, and the bidder now:: Check Choice 1. Elect~ to Assign [ ] 2. Elects Not to Assign [ ] such Certificates of Obligation to the financial institution upon the receipt of the price of par flat (no accrued interest, only the principal amount of such Certificates to be received). It is understood that such assignment is to be made without recourse within fifteen (15) days after the receipt of such Certif-~cates by the Contractor. In the event no election is clearly shown, the governing body may assume this bidder elects to assign any Certificates of~ Obligation upon receipt of par flat, o__~r the bid may be rejected. 8. ACKNOWLEDG ~EMENT The undersigned acknowledges that he has read and understands this Addendum No. 2 and agrees to abide by the terms set forth therein where applicable to his bid. , 1)ate Bidder BIDDER MUST EXECUTE ATTACH THIS ADDENDUM NO. 2 TO HIS PROPOSAL. Signature Title Street or P. O. Box City and State CONTRACT STATE OF TEXAS COUNTY OF tIALE THIS AGREF~[ENT, made and entered into this .~ day of'~/fJ~7~' ,"~ A,D, 19~_~--, by and betw. een the CITY OF PLAINVIEW of the County of Hale, and acting through__~John D. Stoneham_, the Mayor, therein duly authorized so to do, Party of the First Part hereinafter termed O~ER, and FABIT CORPOP~\TiOM, a corporation of the City of State of CONTRACTOR. Lubbock Texas , County of Lubbock , and Party of the Second Part, hereinafter termed WiTNESSETH: That for and in consideration of the payments and agree- mcnts hereinafteC mentioned, to be made and performed by the Party of the First Part (O%~NER), and under the conditions expressed in the bond bearing even date herewith, the said~Party of the Second Part (CONTR~\CTOR), hereby agrees with the said Party of the First Part (0%~ER) to conm~ence and complete the manufacture and delivery of certain materials, equipment and/ or merchandise described as follows: 60 each, Four cubic yard front load refuse collection c~ntainers @$275.00 each 1,950 Each, three cubic yard side load refuse collection containers @ $121.90 each under the terms as stated in the Conditions of Proposal; and at his (or their) owen proper cost and expense to furnish all the materials, supplies, machinery, tools, superintendence, labor, and other accessories and services necessary to complete the manufacture and delivery of-said materials, equipment and/or merchandise in accordance with the conditions ~nd prices stated in the proposal attached hereto, and in accordance with the specifications and drawings therefor, as prepared by the City of Plainview, all of which is made a part hereof and collectively evidence and constitute the entire contract. The CONT~ICTOR agrees~to complete the manufacture and ~elivery of the aforesaid materials, equipment and/or merchandise complete as specified in accordance with the time and/or dates set forth in the proposal. It is understood and agreed that the specifications and contract ~.documents attached hereto and hereinabove set out in Addendum No. 2 ~ttached together with the proposal of Party of the Second Part attached ~ereto and made a part of this contract as though fully copied and .... · ~inc lud ed herein. OWNER agrees to buy said equipment for the consideration set forth · above. Payment to the CONTtb\CTOR will be made in the manner.set forth in the Special Conditions Relating to Payment as provided and set out in Section 3-of Addendum No. 2 which are made a part of this contract, as though fully 'copied and included herein. IN WITNESS ~RtEREOF, thd parties to these presences have executed this agreement in the year and day first above written. ATTEST: ~ty Clerk Party of the First Part (O~R{ER) CI~OF PLAINVIEW /// Party of the Second Part (COMTRACTOR) FABIT CORPORATION Title i AND t~IEREAS, it is affirmatively found and determined (i) that the aforesaid proposal and form of contract of Fabit Corporation, was submitted in accordance with the specifications and in accord- ance with the published notice to bidders; (ii) that the awarding of such contract and the issuance of the certificates of obligation herein authorized will not exceed any constituional or statutory authority of the City under the Constitution and laws of the State of Texas; (iii) that the contract should be and the same is hereby entered into by and between the City of Plainview, Texas,. and the aforesaid successful bidder, as hereinabove set forth; and (iv)' that all prerequisites for making a legal, binding and subsisting contract by and between the City and the aforesaid successf~ul bidder have been complied with, and that all the provisions of ?ne Certificates of Obligation Act of 1971 have been followed, and that this City CoUncil may properly proceed with the ordinance authorizing the issuance of said certificates to be delivered in payment of a por- tion of the cost of the aforesaid refuse collection equipment; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: S__ECTION 1: The issuance of the notice to bidders by the City Manager is in all things ratified and confirmed. SECTION 2: That the aforesaid contract is hereby .in all things RATIFIED, APPROVED, CONFIRMED JJfD ADOPTED. SECTION 3: That pursuant to the aforesaid contract there shall be, and there 'is hereby ordered to be :issued, under and by virtue of the Constitution and laws of the State of Texas, the certificates of obligation of said City in the tdtal principal sum of TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($2:50,000.00), to be known as "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973," dated April 1, 1973. SECTION 4: That said certificates shall be numbered consecutive- ly from Fifteen (15) through Sixty-Four (64); shall be in denominations of Fiv~ Thousand Dollars ($5,000.00) as shown below, aggregating the principal sum of TWO HUNDRED FIFTY THOUS~qD DOLLARS ($250,000); and shall mature serially, without right of prior redemption, on April 1 in each of the years in accordance will the following schedule: CERTIFICATE NLrP~ERS (Ail Inclusive) DENOMINATION ~%TURITY AMOUNT 15 and 16 $5,000.00 4-1-74 $10,000.00 17 thru 32 $5,000.00 4--1-75 $80,000.00 33 thru 48 $5,000.00 4-1-76 $80,000.00 49 thru 64 $5,000.00 4-1-77 $80,000.00 That the balance oF the contract consideration shall be paid in cash by the City of Plainview. SECTION 5: That said Certificates Nos. Fifteen (15) and Sixteen (16) shall bear interest from date until paid at the rate of 3.4% per annum; that said Certificates Nos. Seventeen (17) through Thirty-Two (32) shall ~bear interest from date until paid at the rate of 3.5 % per annum; that said Certificates Nos. Thirty-Three through Forty- Eight (48) shall bear interest from date until paid at the rate of 3.6% per annu~; and said Certificates Nos. Forty-Nine (49) through Sixty Four (64) shall bear interest from date until paid at the rate of 3.7% per annum; which interest shall be payable on April 1, 1974, and annually thereafter on April 1 in each year, such interest to be evidenced by proper coupons attached to each of said certificates. SECTION 6: That the principal of and interest on said certificates shall be payable in lawful money of the United States of-America, with- out exchange or collection charges to the owner or holder at the CITY NATIONAL BANK, Plainview, Texas, upon presentation and surrender of proper certificates or coupons. SECTION 7: That each of said certificates shall be ~signed by the Mayor, countersigned by the City Secretary, and registered by the City Treasurer of the City of Plainview, Texas, and the corporate seal of the "CITY OF PLAINVIEW, TEXAS" shall be impressed on each certificate. The facsimile signatures of the Mayor and City Secretary may be litho- graphed or printed on the interest coupons attached to each of said certificates .... SECTION 8: That the form of said certificates shall be isubstantially as follows: NO. $ 5.,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW, TEXAS CERTIFICATE OF OBLIGATION SERIES 1973 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 FAB%T CORPORATION, Contractor, or bearer, with right of prior redemption on or before the principal due date by.providing thirty (30) days notice in writing of proposed payment of accrued interest and principal,-on the 1st day of April, 19 __, at the CITY NATIONAL BANK, Plainview, Texas, the sum of Fi~TE THOUSAND DOLLARS ~$5,000.00),in lawful money of the United States of America, with in- terest thereon from date~hereof until paid at th& rate of per centum per annum, payable on April 1,197_ and annually thereafter~ on April 1 in each year, and the Treasurer of said City is hereby authorized and directed to pay the said Contractor, or bearer, said principal sum, together with interest thereon, payable at the paying agency named above, without exchange or collection charges to the owner or holder, out of and from monies belonging to the sinking fund created for that purpose, such payment to be made upon presentation and surrender of proper certificates or coupons. THIS CERTIFICATE OF OBLIGATION is one of a series of eighty (80) serial certificates, numbered consecu-tively from one (1) through eighty (80) inclusive, in the denomination of Five Thousand Dollars ($5,000) each, aggregating the principal sum of Four Hundred Thousand Dollars ($400,000) issued for the acquisition of certain refuse collection equipment in order to increase the refuse collection capability of the City Sanitation Department, in accordance with the 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 the City of Ptainview, Texas, 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 certificate, and the series of which it is a part, have been properly done, have happened and have been performed in regular and due time, form and manner required by law; and that the total indebtedness of the City, including this certificate, and the series of which it is a part, does not exceed any constitutional or ~tatutory limitation, and that a sufficient tax to pay the principal of and interest on this certificate and of the series of which it is a part at their respective maturities ~have been levied and will con- tinue to be levied and collected and applied in payment thereof. IN TESTIMONY WHEREOF, ~he City of Plainview, Texas, by its City Council, has caused its corporate seal to be affixed hereto, and this certificate to be signed by its Mayor, countersigned by the City Sec- retary, and registered by the City Treasurer, and the interest coupons hereto attached to be executed by the lithographed or printed facsimile signature of the Mayor and City Secretary'; the date of this certificate, in conformity with the ordinance above referred to, being the 1st day of April, 1973. COUNTERS IGNED: Mayor, City of Plainview, Texas City Secretary, City of Plainview, Texas REGISTERED: This the 197 day of City Treasurer, City of Plainview, Texas. SECTION 9: The form of said interest coupons shall be substantially as f~llows: No. ON 1ST DAY OF APRIL, 197 $ the CITY OF PLAIN-ViEW, a municipal corporation of the-State of Texas, hereby promises to pay to FABIT CORPORATION, Contractor, or bearer, at the City National Bank, Plainview, Texas, the sum of ($ ), in lawful money of the United States of America, without exchange or collection charges to the owner or holder,.said sum being one year's interest due .that day on "City of 'Plainview, Texas, Certificate of Obligation, Series 197.3," dated April 1, 1973. CERTIFICATE NO. ' Mayor City Secretary SECTION I0: That the following certificate shall be printed on the back of each certificate of obligation: ASSIGNMENT THIS IS TO CERTIFY that FABIT CORPORATION, Contractor, has received the within certificate of obligation from the City of Plainview, Texas, in part payment of the amount due by said City to said Contractor by virtue of the valid and subsisting contract entered into by and between said Contractor and said City on the 26th day of December, 1972, and for value received, said Contractor hereby transfers, assigns, sells and delivers to bearer, without recourse, all its right, title and in- terest in and to the within principal certificate of obligation and in- terest thereon, and said bearer is.~ereby subrogated to all claims, liens, rights and title whether at law or in Equity which are or may be secured to Said Contractor in the aforesaid contract, and the bearer hereof is authorized to c~llect the same and give full receipt and acquittance therefor. FABIT CORPORATION C6ntractor By.__ Its SECTION 11: That of the said certificates One (1) through Eighty (80) as prod and issued above the Certificates Nos. Fifteen (15) through Sixty Four (64) herein provided for shall be executed and de- livered by the Mayor, City Secretary and City Treasurer upon order of this City Council at such time as the refuse collection equipment herein described is delivered and accepted by the City, and the balance of the contract p~ice shall be paid by the City out of funds legally available for the purpose, and such amount is hereby appro- priated therefor and shall be used for no other purpose; and the City Treasurer is authorized and directed to set such amount aside. SECTION 12: That to provide for the payment of the debt ser- vice requirements on the said certificate, being (i) the interest of said certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of two percent (2%) (whichever amount shall be greater), there shall be and. there is hereby levied for the current year and each succeeding year thereafter while said cer- tificates or interest thereon shall remain outstanding and unpaid, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay ~;uch debt, service require- ments, and full allowance being made for delinquencies and costs of c~llection; said tax shall be assessed and collected each year and applied to the payment of said debt service requirements, and the same shall not' be diverted to any other purpose. The taxes so levied shall be paid into a fund known as "SPECIAL CITY OF PLAINVIEW, TEXAS, CERTIFICATE OF OBLIGATION FUND, SERIES 1973," which is hereby es- tablished for the payment of the obligations herein-authorized. 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 determined that the existing 'and available taxing authority of the City for such purpose is adequate to permit a legally sufficient ~ax in consideration of all other outstanding obligations. SECTION 13: The fact that it is to the best interest of the City to acquire the refuse collection equipment at the earliest possible date constitutes and creates an emergency and an urgent public necessity, requiring that any rule providing for ordinances to be read and voted upon more than one time or at more than one meeting of the City Council b~ suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules and provisions are accordingly suspended, and this ordinance is passed as an emergency measure and shall take and have effect and be in full force from and after its passage. SECTION 14: Wherever the word "City Secretary" appears in this ordinance and wherever the word "City Secretary" appears in the cer- tificates above provided for, the same shall mean and refer to the "City Clerk" of Ptainview, Texas. PASSED AND APPROVED, This the 6_th_____ day of August ., A. D. 1973. . City~f ATTEST: City Clerk, '' - City of ~Plainview, Texas AP PR OVED: City Attorney, ~ity o~ Ptainview, Texas 230 b CERTIFICATE OF ADOPTION OF SIGNATURE THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIE%7 WE, JOHN D. STONEHAM, Mayor, and M. L. REA,~City Clerk of the City of Plainview, Texas, DO HEREBY CERTIFY that on the date of the execution of this instrument, we are the duly chosen, qualified and acting officers of the City of Plainview, Texas, holding the offices indicated by the official titles set opposite our hames. WE DO FURTHER CERTIFY that the "CITY OF PLAINVIEW, TEXAS, CER- TIFICATES OF OBLIGATION, SERIES 1973," dated April 1~ 1973, were printed and prepared for issuance in accordance with the terms and provisions of the ordinance authorizing the issuance of said certi- ficates, and that the interest coupons appurtenant thereto are ex- ecuted by the imprinted facsimile signatures of JOHN D. STONEHAM as Mayor, and M. L. REA as City Secretary. WE DO FURTHER CERTIFY that at the time of the actual delivery of said certificates to the purchaser, the person acting in the capacity of Mayor and City Clerk for said City were JQHN D; STON-E- RAM as Mayor, and M. L. REA as City Clerk. TPiEREFORE, I, JOHN D. STONEHAM, in my official capacity as Mayor of the City of Ptainview, Texas, DO CERTIFY that I have ratified and do hereby ratify, the facsimile signature of the aforesaid JOHN D. STONEHAM as my own and as the signature of the Mayor of the City of Plainview, Texas. WE DO FURTHER CERTIFY that no litigation of any nature is now pending or threatened in any way questioning the title of the present officers to their respective offices; and that no authority or proceedings for the issuance of said certificates have been repealed, revoked or rescinded. DONE AND DELIVERED at Plainview, Texas, this the~f___TDL~day of August, 1973. SIGNATURE (ciTY SEAL) OFFICIAL TITLE MAYOR, City of Plainview, Texas CITY CLERK', City of Plainview, Texas The signatures of JOHN D. STONEHAM and M. L. REA. as Mayor and City Clerk, respectively, as subscribed t_o t~hMoregoing certificate of adoption, of signatur% dated August _ ~_~ 1973, are hereby certified to be true and genuine. (BANVKSEAL) CITY NATIONAL B~~ P!ainview, Texas Bank ORDINANCE NO. 73-1389 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City 'of Plainview finds f't is necessary to appropriate certain specific funds out of Unappropriated Surplus Account 611 ~ funds for an approved project, and this ordinance deats with the daily operation of City departments ~n the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAINVIE1//: There is hereby appropriated out of the following described Unappropriated Surplus Account 611 fund, to-wit: The sum $ 933.90 Fo~ the following purpose:' Payable to Reams Electric Plastic couduit for u~dergrotmd wiring to signal lights at Hale County State Bank pro-]ect WHEREAS, hence is declared to be an emergency measurexthereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ord4_nmlce shall be effective from the date of its passage. an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi-' AND IT IS SO ORDERED Passed by the Council on this 6th day of August 1973 ATTEST: CiTY SECt Approved by: Division Director Department Accounting Department ORIGINAl. AN APPROPRIATION ORDINANCE NO. 73-1390 ORDINANCE WHEREAS, the City Council of the City of Plalnview finds iris necessary to appropriate certain specific. funds out of Unappropriated Surplus Account 611 - \ 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 Unappropriated Surplus Account 611 fund, t0_-wit: The sum $ 29.34 For the following purpose: Payable to Higginbotham-Bartlett Co. Pull wire for wiring street Bank · . '~ p roi ect lights at Hale County State 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. ~ _ - AND IT IS SO ORDERED day o'f August ,X~ 1973 Passed by the Council on this . 6th ATTEST: CITY SECRETARY - - Approved by: Divis ion Director MANAGER Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1391 ORD|NANCE WHEREAS, the Cit3 Council of the City of Plainview finds it is necessary to appropriate certain specific. funds out of 'Certificates of' Obligation Acct. 411 \ funds for an approved project, an~ 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 PLAINVIE¥/: There is .hereby appropriated out of the following described Certificates of Obligation, Acct. 411 The sum $ 6,810,00 For the following purpose: Payable to PAK-MOR Manufactuzing Co. One 28 cubic yard Side Load Dumpmaster. less retainage due to lac'k of auxiliary engine and penalty due to delay in delivery fmtd. to-wit: 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) sep'ar, ate 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 6th , day of August 1973 . ATTEST: Verified by: ~'~ Approved by: Divis ion Director Department Ac count Lug Department ORIGINAL WHEREAS, ORDINANCE NO. AN APPROPRIATION ORDINANCE ' ~ :' ' the City Council of the City of Plainview finds it is necessary to appropriate Certain specific funds out of Certificates of Obligation Accotmt 411 -~ funds for an approved project, an~ 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 ,COUNClL.OE THE CITY OF ..PLAINVtE9/: There is hereby appropriated out of the following described Certificates of Obligation Account 411' fund, to-wit: The sum $ -8,200.00 For the following purpose: Payable to PAK-MORManufacturing Co~ One 25 cqbic yard Front Load Dumpmaster less retainage due to lack' of auxiliary engine and penalty due. to delay in delivery. 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) se~'a.rate 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 6th day of Auto, st ,Iljg !973:.-. ATTEST: CITY SECRETARY Approved· by: Division DirectOr Verified b ~ Department Accounting Department i ORIGINAL AN APPROPRIATION ORDINANCE NO. 73.139,3 ORDINANCE WHEREAS, 'the City Council of the City of Plalnview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 ~ funds for an approved project, and this ordin0nce dealm with the dally 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 Revenue Sharing Account 427 The sum $ 44,164.00 - For-the following purpose: fu~rl, to-wit: Payable to Maggard-Nall Motor Co., Inc. Three 197B GMC truck chassis less retainage for incomplete units for use in Sanitation 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 pablic necessity that the rule requiring proposed ordinances to be presented at two (2) se~[ate Council meetings be dispensed with; a~d this ordinance shall be effective from the date of its passage.. AND IT IS SO ORDERED 6th Passed by the Council on this ATTEST: Approved by: ORIGINAL Delmrtmeat Divis/on Director Accounting Depmrtraent ORDINANCE NO. 73-1394 AN ORDINANCE PRESCRIBING THE MAXIMIIM-:EARNINGS TO BE CONSIDERED IN CALCULATING DEPOSITS AND CONTRIBUTIONS TO BE MADE BY REASON OF CURRENT SERVICE OF EMPLOYEES OF THIS CITY WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM. ~ BE IT ORDAINED BY THE CITY COUNCIL OF PLAINVIEW, TEXAS: · That the total earings, which may be paid by the City of Plainview to any of its employees who are members of the Texas Municipal Retirement System, shall be considered in calculating the amount to be withheld and the deposits and contributions to be made to. the Texas Municipal Retirement System by reason of Current Service rendered by such employee to this City. ATTEST: M. L~ PASSED AND APPROVED this the 6th day of August , 19..73 . D. S,O E , yOr'" Clerk · THE STATE OF TEXAS COUNTY OF HALE ORDINANCE NO. 73-1395 AN ORDINANCE AMENDING ZON- ING ORDINANCe: NO. 794 AND THE · OFFICIAL MAP.' OF THE CITY OF ~ PLAINVIEW SO AS . TO ~KE THE Published E~ery Afternoon E~Cept Saturday' With E~larged D~/FOLLOWING CHANGES, ~EAT- lNG AN EMERGENCY '~ DONE CASE NO, 23~: R~uest of Texas DeDor~ Itc S~efy for rezoning ing a 1.~5 acre tra~ o ion Homestea~ Survey, Hale C0d~exas, CITY OD P~INVi~W~ TY, TEXAS D~O~ ~-l"to' ~ Pla in iew Daily H, ~WHEREAS, ?~ prepaid change' In ,Zbning D~rlCtS as hereinafter made has ~n duly pre~nt~ to the Plan* ntng & Zoning Commission for its PUbLISheD BY ~LI~N CO~TIO~, ~C. omm~dation which was received by the City Coundl, ~nd after due consldera- 801 BRO~WAY ~ P~O~ CA~I &~ ~ P.O. Box 12 tio~ fha City Cmancil of the City of Plainview finds thnt for the graph of the City m~king the pro- P~inview., Te'x~ 7P072 ~o~ ~h~.~ _~, .~te~ ,,t out , will be in 't~ public interest which crates an emergency; and, WHEREAS, all conditions ~recede~ re- quired by. law for a valid amendment o the Zoning Ordinance and MaD, have been fully compile' with, as well as giving notices in compliance with Sec- tion 18 of Ordinan~ 794 as well as rices provided by A~icle :1011F' Vet- nan's Annotat~ Civil sfaf~es-Am~ed, 1953, and notice wes duly publish~ in the PlainvJew Herald more. than tiffin (~5) days ~ior to the date of the Pub- 'Itc H~ring before the City Council such Proposed amendment, and the Pub- IJc H~ring according fo said notice was duly held Tn the City Councit R~m of the City Hall, Plainvi~, Texas, which, time ~ns a~r~ in sup- ~o~ of the pr~osal; and after said hearing, if was by the City Council, d~ ~ermined ~a~ it WOUld be In the Itc interest due to changed condifJ0ns, that the Zoning Ordinance and fha Zon- ing Map be amended in the manner h~einafter set forth in the ~dy of this Ordinance; NOW THEREFORE, IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF PLAINVIEW: SECTION 3.' That Ordinance Nm 794 and the Official Zoning Map be ~nd the same are hereby am~de~ es fol- lows, to-wit: ZONE CASE NO. 23~ Cha~ge 1,~5 acre fra~ ~t of Section, 4L Bilk JK-2, o~d the J. ~. Pressler', Homered Survey, Hale County, Texas J~ City ~ 'Plainview, Hale County~ Texas, J~ from ~ R-1 to ~ Specific Use Zoning j;~ District From t~ date of thio Ordi- nance said' Lot, tract, and parcel of land j:~: de~rib~~ shall be and her~y be'J~ che~ed fo the Zoning Dis~ict indicated]% and the Official Ma~ s amended in ac- cordance her~ith. WHEEEAS, ~n emeffg~cy exlsts shown 1~ ~e ~eamble ta ~is Ordi- nance, the enactment Of this is d~ca~ed t0 ba an em~gency mea- sure crating a ~ublic necessi~ that the ~uib r~uir~ng prooos~ Ordinance te be present~ at ~o (2) separate~ Council meetings ~ dis~s~ with; thi~ Ord[nan~ ~all ~e ~ve fram t~ date ~ ifs ~ssage. ~Unanimeusly ~ssed by the City Coum cji this 2~h dav ~ Aught, 1973. John D. Stoneham M~YOR ATTEST: M. L. R~ City Secretary-Treasurer SUBSCRIBED A~ SWORN TO BEFORE ME this ...:~ .... -7~"Y~day of ~' ~' BEFORE ME, the,undersigned authority, on this day persona James B. Oswald Business Manager .... (Title) of the Plainview Daily Herald, a newspaper of :general circulation Hale County, Texas, who stated on oath that the attached instrumeJ lished in said newspaper on each of the following dates, to-wit: ......... ..... Aug.us.t ..... 26, ........... 1'9.7.3 ...................................... i ................... A, ...... .... .......................... ..... 19.7.3. ......... The Best Investment For Your Advertising Dollar O OINANC NO. .&N ORDINI~NCE AMENDING ZONING ORDIbL~NCE NO. 794 AND THE OFFICIAL MAP OF THE CITY OF PLAIN~]~%r SO AS TO MAKE THE FOLLOWING CFPkNGES, AND CREATING AN EMERGENCY ZONE CASE NO. 238: Request of Texas Depar~nent of Public Safety for rezon- ing tract of land being a 1.045 acre tract out of Section 41, Block JK-2, and the J. M. Pressler Homestead Survey, Hate County, Texas, CITY OF PLAIN~ff~, HALE COUNTY, TEXAS FROM R-1 to a SPECIFIC USE-ZONING DISTRICT. ~%~IEREAS, the proposed change in Zoning Districts as'. herel~znafter made has been duly presented 'to the Planning & Zoning Commission for its recommendation which was received by the City Council, and after due consideration the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, ~qEREAS, all conditions precedent required by law for a valid amendment-to the Zoning Ordinance and Map, have been fully complied with, as well as-giving notices in compliance with Section 18 of Ordinance 794 as well as notices pro- vided by Article 101iF Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (1S) days prior to the date of the Public Hearing before the City Council of such pro- posed amendment, and the Public Hearing according 'to said notice was duly held in the City Council Room of th~ City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by . the City Council, determined that it would be in t]he public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the bodK of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance No. 794 and'the Official Zoning ~4ap be and the same are hereby amended as follows, to-wit: ZONE CASE NO. 2158 Change 1.045 acre tract out of Section 41, Block JK-2, and the J. M. Pressler Homestead Survey, Hale County, Texas City'of Plainview, Hale County, Texas, from an R.-1 to a Specific Use Zoning District. From the date of this Ordinance said-Lot, tract, and parcel of' iand described Shall be and hereby be Changed to the Zoning District indicated and the Official ~p is amended in accordance herewith. ~FHERF2IS, an emergency exis'ts as shown in the preamble to this Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating a. public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effective from the date of its passage. Unanimously passed by the City Council this ~;_h _day of Au~Jst , 19 .7_5, I ' ATTEST: °~-,,. ' . ' - ORDINANCE ; " " 73-1396 -, o'"' AN APPROPRIATION ORDINANCE WHEREAS, fi~e City Council of the City of Ptainview findsit is necessary to appropriate ce~ain specific funds out of Revenue Sharing Account 427 \. funds for an approved project, an~t this ordinance deals with the ~aily operation of City departments in the public interest which creates an eme'rgency: NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby, appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The sum $ 380.00 For the following purpose: Payable to W. F. Moore Removal of., debris and clearing lot at 108 West Carver Project i05(Lot 10, Btk 14'~ Wye ~4) - 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 [hereby creating a public 'necessily that the role requiring proposed ordinances to be presented at two (2) Se~'a,rate 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 da~ ATTEST: , ~J~fK 1973 Approved b~: ORIGINAL Divis ion Director Verified CI~ ~ANAGER.. Depariment Accouni ing Department ORDINANCE 73.1397 ,~ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is nece~ssary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved projiect, and this ordinance deals with the daily operation of Cit~ 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 Revenue Sharing Account 427 fund, :to-wit: The sum $ 250.00 For the following purpose: Payable to W. F, Moore Removal of debris and cleaz~[ng lot at 807 Elm Project 41 (South 5' of Lot: 5, all of 6, Blk 63, OT) WHEREAS, an emergency exists as shown in the premmble to this ordinance, the enactment o_f this ordi- nance is declared to be an emergency measure'~hereby 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 shah be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this~ day of Au~_?.qt ATTEST: Approved by: Divis ion Director Verified MANAGER Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1398 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is. necessary'to appropriate certain specific .funds out of Revenue Sharing Account 427 ~ funds for an approued project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, IHEREFORE, BE tT ORDAINED BY THE CITY COUNCIL OF THEClTY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The sum $ 100.00 For.the following purpose: payable to W. F. Moore Removal of'debris and .clearing lot at: 1007 N. -Columbia Project 59 (Lot 4, Blk 1, Highland) - 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 Co. uncil meetings be dispensed with; and thig ordinatlce shall be effective from the date of its passage. AND IT iS $0 ORDERED August Passed by the CoUncil on this 20th day of L / ATTEST: Verified CITY Approved by: Division Direct°r ORIGINAL Department Accounting Department AN APPROP R1AT!ON ORDINANCE NO. 73-1399 ORDINANCE WHEJ~EAS, the City Council of the City of Plainview finds it is necessary to-appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and ~his 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 PLAtNVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The sum $ 400 ~00 For the following purpose: Payable to W. F. Moore Removal of debris and clearing lot at 1005 Galveston Project 39 (lots 3 & 4., Blk 5, Highland) WHEREAS, an emergency exists as shown in the preaxnble to this ordinance, the. enactment of this ordi- nance is declared to be an emergency measure ..thereby creating a public-hecessity that the rote requiring proposed ordinances to be presented at two (2) ~eparate Council1 meetings be dispensed With; and this ordinance shall be effective from the date of its passage. Passed by the Council on this . AND IT iS 50 ORDERED 90th day of Au~:u~qi: '1973· . ATTEST: CITY SECRETARY Approved by: Division Director Department Accounting Department ORiGiNAL AN, APPROPRIATION ORDINANCE NO. 73-1400 ORDINANCE-' WHEREAS, the City Council of the City of Plainview finds it is-necessary to appropriate certain specific fund's out of Revenue Sharing Account 427 \ funds for an approved project, and this ordinance deats with the dally '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 Revenue Sharing Account 427 fund, to-wit: The sum $ 165.00 For-the following purpose: Payable to W. F. Moore .... Removal of debris amd clearing lot at 203 E. Brazier Project 107 (Lot 19, Blk 17, Wye Addition) 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 txvo (2) ~eparate C~uncil meetings be dispensed with; and this ordinance shall be effective from the date of its passage. 'Passed by the Council on this. ,i~[lt '1973 AND IT IS SO ORDERED 20th ATTEST: C] Verified by: cr Approved by: Division Dkector Department Accounting Department ORIGINAL ORDINANCE NO. 73-i401 AN ORDINANCE CREATING AND ~TABLISHING A CITIZEN'S TR3~FIC SAFETY COMMIT~ FOR THE CITY OF PLAINVI~; DEFINING THEIR DUTIES AND RESPONSIBILITIES; PROVIDING FOR THE ORGANIZATION~, OF THE COMMITTEE; PROVIDING FOR THE TE~tNATION OF THE SER. VICES OF ~A COMMITTEE MEM- BEE AND FOR THE REMOVAL OF A MEMBER UNDER CERTAIN CIRCUMSTANCES. BE IT ORDAINED BY THE CITY COUNCIL OF T~ CITY OF P~AINVIEW: SECTION 1. CITIM~N'S TP~kFFIC COMMITteE There is hereby created for the City of Plainview a citizen's Traffic Safety Committee. SECTION 2. DUTIES AND RESPONSIBILITIES OF THE COMM~T~.. The duties and responsibilities of the Citizen's Traffic Committee shall be: To act in an adVisory capacity to the City CounCil _.and the City . Manager of the City of Plainview by-reaching,, developing and implementing traffic safety programs which meet local heeds, To promote public acceptance of officis~ programs proposed or instigated by the City of Plainview, thereby~aSsisting iu the ~oversll reduction of traffiq accidents, injuries, property damage, and deaths on the city's streets, To formulate city-wide traffic safety programs and coordinate efforts of' interested parties and agencies engaged in traffic safety education, To cooperate with local officials with~.~ the city in the formulation and execution of traffic safety programs and activities, To study traffic conditions on streets and highways within the cmty, to study and analyze reports of accidents and causes thereof; and recommend to the appropriate legislative bodies, departments or ~¢ommissions, such changes in rules, orders, regulations and existing laws as the committee may deem advisable, and To conduct meetings within the city whenever and wherever the committee shs] 1 deem it advisable and to invite to such meetings parties and agencies, public and private, interested in traffic regulation, control and safety education, and promote safety education f6r ~drivers and pedestrians. The co~mmittee shall have authority and power to formulate rules and policies for solicitation, promotion, and advertising the activities of the -2- Citzen's Conmtittee on Traffic Safety and to this end, the committee may receive and expend funds or grs_uts from any individual, firm, or corporation, or any other source, provided .however, that this delegation of authority sh~ll never be construed as authority to the committee to enter into any contract or create any obligation on the part of the City of Plainview. ~Any funds granted by any person, firm, or corPOration, to be used by and on.behal~f of the Citizen's Committee on Traffic safety to promote the programs and activi- ties of the committe shall not be mingled with any public funds of the City of Plainview. The committee is required to submit an ar~uual report of such funds and their disbursment to the City Council. SECTION 3. ORG~uNIZATION OF T_HE COMMITTEE The committee shall consist of six members, none of whom shall be paid or granted any salary or compensation from the City of-Plainview. The members of the committee shall be appointed by the City Council of the City of Plainview for a term of two (2) years. Provided, however, that inititially the City Council shall appoint three (3) of said members for a term of two (2) years and three (3)~of said members for a term of one (1) year, Thereafter, all members of~th~ committee shs~l be appointed for a term of two (2) years. In the event of death, resignation, or removal by disqualification or otherwise, ~he City Council shall appoint a person to take the place of such member so ceasing to serve as a member for the unexpired term of said member. Disqualification of a member shall occur when three (~) consecutive meetings are missed~by said member without reasonable excuse or when more than 50~ of the meetings are missed in the span of one year, or when the member is no longer a resident of the City of Plainviewo Voting members of the committee must be residents of the city of~. Plainview. Ex-officio members shall include a City of Plainview ~potice officer, a City of Plainview fireman, an employee of the Texas Highway Department, ~h~ City of Plainview Mayor, the City of Plainview City Manager, an officer of~ the Texas Department of Public Safety, an officer of the Hale COunty Sheri£f's Office, a member of the Wayland Baptis~ College Student Government Associa~tion, a member of the Plainview High School Student Council, and the City of Plainview Municipal Court Judge. The committee is authorized to appoint additional ex- officio members by a majority vote of the committee at any meeting where a \ \ quorum is persent ~ The committee at its earliest convenience shall meet .and by majority vote elect a chairman who shall preside at all meetings of the committee, and a vice chairman, who shall preside in the absence of the chairman, a secretary-treasurer, who shall act as secretary ~nd shall be responsible for record~ of funds handled by the committee. Elections shall be held each year during the month of October for the purpose of electing officers. The committee shall meet at least once each month and sh~l] meet on the call of the chairman or by call of a majority of its members. SECTION &o TRAFFIC SAFETY COORDINATOR The Traffic Safety Coordinator of the City of Plainview sh8_l l be charged- with the responsibility of working with and cooperating with the Citizen's Committee on Traffic Safety. The coordinatOr' ~ll act as a liaison between the committee and the City Council.~ He shall ~[d the committee by providing advice and assistance at the request'of the committee. The coordinator shall provide facts and statistics needed by the committee to carry out the duties and responsibilities of the committee. PASSED ~u\q) ADOPTED this the 2Oth day of August, 1973. / M. L. REA, City Clerk ORDINANCE NO. 73-1402 AN ORDINANCE APPROVING THE BUDGET SUBMITTED BY THE CITY MANAGER OF THE CITY OF PLAtNVIEW, TEXAS, FOR THE FISCAL YEAR 1973-74. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, T~XAS: 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, 1973, through and including September 30, 1974, is hereby approved and ordered filed with the City Clerk of the City of Plainview, Texas. Section 2. The City Clerk is ~ereby ordered to file a copy of said budget with the Comptroller of Public Accounts~at Austin, Texas. PASSED AND APPROVED this 4th day of September, A.D. 1973. ! ATTEST: ?H~ D. S~O-EHAM, Mayor ORDINANCE NO. 73-1403 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 1973-74; PROVIDING FOR THE TIME AlqD MANNER OF PAYING THE AD VALOREM TAXES LEVIED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLA_INVIEW, TEXAS: Section 1. That there is hereby [evied and there shall be collected for the use and support of. the Municmpal Government of the City of Plainview, Texas, and to provide interest and sinking funds-for the year Nineteen Hundred and Seventy-three (1973)~ upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of eighty-five and no hundreths cents ($.85) on each One Hundred Dollars ($100.00) to the specific puzy~oses herein set forth: (A) For the maintenance and support o~f the general government and for the operation of the City government to be placed in the General Fund, 70.06% of the total amount received, being $.6581 on each One Hundred Dollars ($100~00) valuation of property. (B) For the interest and sinking f%mds, the following appor- tionments shall be made: Acct. 488-06 Acct. 488-07 SINKING FUND General Obligation Park Bonds Series 1963 15 January 1963 General Obligation Bonds Series 1963 15 January 1963 *]PERCENTAGE **A_MOUNT 3.'77% .0320 18.35% .1560 * Percentage of total tax collected which is transferred to the Interest and Sinking Fund for retirement of General Obligation Bonds. ** The actual cent proportion of the 85¢ per $100 valuation that ms used to retire General Obligation Bonds. $ .2545 Interest & Sinking Fund ~ .59!55 General Fund pre~ent rate $ .8500 Per $100 valuation Acct. 488-08 Acct..488-i5 SINKING FUND General Obligation Bonds Series 1966 15 March 1966 Certificates of Obligation Series 1971 1 August 1971 TOTAL *PERCENTAGE **AMOUNT 6.62% .0532 1.56% .0133 29.94% .2545 Section 2. All momies 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 time 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. Ail 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 due on the 1st day .of October-1973, and may be paid up to and including the following January 3tmt, without penalty, but if not so paid such taxes shall become delinquent on the following day, February 1st, and the following penalty shall be payable thereon, to wit: if paid during the month of February, one per cent (1%); during March, two per cent (2%); during April, three per cent (3%); during May, four per cent (4%); during June, five per cent (5%): and on or after the 1st day of July, eight per cent (8%). Such unpaid taxes shall bear interest at the rate of six per cent (6%) per annum from February I, 1974, and $1.00 shall be charged for each redemption certificate issued by the Tax Assessor and Collector as cost. The payment of 1/2 taxes shall be accepted if the first half is paid on or before November 30, 1973, then the last half may be paid on or before June 30, 1974, without penalty. Should t]~e last half not be paid before July 1, 1974, it shall bear penalty and interest at the usual rate. 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. 1974. The liens provided herein shall attach as of January 1, 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 ATTEST: ~ M. L. REA, City Clerk 4th day of SepTber~, A.D. 1973. It~ D. ST3NEHA~, Mayor -3- ORDINANCE NO. 73-1407 AN APPROPRIATION ORDINANCE :q WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals, width the daily operation of City departments in the pubiic 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 Revenue Sharing Account 427 fund, to-wit: The sum $ 7,290.12 For the following purpose: Payable to Bob ~arclner Chex-tolet 1973 Chevrolet 3-ton dump ..truck for Sanitation Department WHEREAS, an emergency exists as shown in the preaatble to this ~rdinance, the enactment of this ordi~ .nance is declared to be an emergehcy measure thereby creating, a public necessity that the rule requiring proposed ordinances to be presented at two (2)separate Council meetings be dispensed ~ith; and this ordinance shall be effective from the date of its passage. Passed by the Council on this ATTEST: AND IT IS SO ORDEREI) day of September · ~ 1973 Verified by: '~ CIT~ MANAGER \ Approved by: Division Director Department Accounting Department ORDINANCE NO. 73-140.8 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary, to appropriate certain specific funds out of Revenue Sharing Trust Fund 427 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~ '[~EREFO~E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'TY OF' PLAINVIEW: There is hereby appropriate~l out of the following described Revenue Sharing Trust Fund 427 The sum $ 19,580. O0 For the following purpose: . fund, to-wit: Payable to General Fund for reimbursement .of sunxner recreation program expenses authorized by City Coun~l on April-2, 1975 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 ~ie presented.at two (2) separate Council meetings be dispensed with; an~ this ordinance shall be effective from the date of its passage. AND IT iS SO ORDERED ~ Passed by the Council on this 4th day ATTEST: MANAGER Approved by: Division Director ' ORIGINAL Depar[ment Accounting Department AN ORDINANCE FIXING TAXI CAB RATES FOR THF. CITY OF PLAINVIEW. WHEREAS, all persons, corporations and associationsoperating taxi cabs in the City of Plainview are dully franchised; and WHEREAS, one of the conditions of sa:id 'franchise is that -the holder of the franchise will charge for passenger service the rate that is prescribed by the City Council of the City of Plainview; and WHEREAS, the last rate for taxi cab service was fixed by the City Council in 1967 and due to the increase in the price of auto-- mobiles, salaries, wages, gasoline and the general cost of operating taxi cabs, the Council finds that an increase in rates is justified; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL~I/~VIEW: SECTION 1: There is on file with the City Clerk of the City of Plainview, a map of said City prescribing taxi cab zones for the City of Plainview. Said map is designated for identification purposes "Taxi Cab Zone Map" and shows to have been filed with the City Clerk on the 4th day of September', 1973.. The zones as marked and prescribed on said map are hereby adopted as taxi cab zones for the purpose of rates in the City of Plainview. Taxi cabs may charge the rate as shown on said map for said zone for each-passenger entering the taxi cab in said zone plus the amount of $0.10 for each zone crossed by the taxi cab with said passenger and including $0.10 for the zone. in which delivered. The rates hereby fixed are based .on the assumption that the taxi will proceed from the place where the passenger enters to destination by the .nearest practical route. If the taxi cab does not travel from pinkup point to destination by nearest practical route the rate charged shalI be the same as it weuld have been had the cab traveled to destination by the nearest practical route. SECTION 2: For each passeng'er entering the taxi'cab in one of the zones and carried to a destination within said zone, the rate to be charged shall be t~e amount as shown~on, said map for said zone. PASSED AND ADOPTED this the 4th .day of September,..A. ~D? 1R73, ATTEST: Mayor M. L. Rea, City Clerk 25.9 AN APPROP RIATION ORDINANCE NO. 73-1410 ORDINANCE WHEREAS, the City Council of the City of'Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund, Acct. 427 funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which create.,; an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF '1'HE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Fund, Acct. 427 fund, to-wit: The sum $ 650.00 Fo~ the following purpose: Payable to John Thrasher Remove debris and clear lot at 1500 & 1502 N. Date Project 58 (All Blk 2, Holland Addition) WHEREAS, am emergency exists as shown in the preamble to this ordinance, the enactment of this 0rdi- nance is dectared to be an emergency measure thereby creating a public necessity that the role requiring proposed ordinances to be presented at two (2) separate Council meetings be dispemsed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this ATTEST: CITY 17th day 2f ,September ' , ~ 1973 / Verified by: ~--J CITY Approved by: Division Director Department Accounting Department ORIGINAL '-'" ORDINANCE NO. 73-1411 AN, oRDINANCE AMENDING ZONING ORDINANCE NO. 794.'AND THE OFFICIAL MAP OF THE CITY OF PLAIN%]~{ SO AS TO MAKE THE 'FOLLOWING CHANGES, AND CREATING:.AN EMERGENCY ZONE CkSE NO. 240: Request 'of Joe G. Ferguson for rezoning 2 tracts of land (contain- i~ 4 acres) described as follows: 1. A tract of land containing 2.12 acres out of E.A. Rosson Survey. 2. A tract of land containing 1.88 acres out of F. M. Bradford SLrvey, located at707 South Date CITY OF PLAINWI~, HALE COUNTY, TEXAS FROM DISTRICT. C-1 'to a C-2 ZONING ¥%~EREAS, the proposed change in Zoning Districts as hereinafter made has Been duly presented to the Planning & Zoning'Commission for its recommendation which was received by'the City Council, and 'after due consideration the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set Out will be in the Public interest which creates an emergency; and, ~HEREAS', all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as well as notices pro- videdby Article 1011F Vernon's Annotated Civil .Statutes-Amended, 1953, and notice was duly published in the Pla~nview Herald more than fifteen (15) days prior to the date of the Public Hearing before· the City Council. of such pro- posed 'amendment'; and the Public Hearing according to said notice was duly held in the City Council Room of .the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council, determined that it would be in the public-interest due to changed conditions, that the Zoning Ordinance and'the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY'THE CITY COUNCIL OF TrIECI~OF PLAINVIEW: SECTION 1. That OrdSnance No. 794 andthe Official Zoning Map be:and the-~ame are hereby amended, as follows, to-wit: ZONE CASE NO. 240: Change 2 tracts of land (containing 4 acres) described as follows: 1. Tract of land cmtaining 2.12 acres out of E. A. Rosson Survey. 2. Tract of land containing 1.88 acres orr of F. 34. Bradford Survey, located at 707 South Date City of Plainview, Hale County, Texas, from an C-1 to a C-2 Zoning District. -' From the 'date of t~is Ordinance said-Lot, tract, and parce'l of' land described shall be and hereby be' changed, to the Zoning District indicated and .the Official ~p is amended in accordance herewith. ~qEREAS, an emergency exists as shown .in the preamble to this Ordinance, the enactment of this Ordinance .is declared to be an emergency measure creating 'a public necessity that the 'rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be ~dispensed with; and this Ordinance Shall be effective from the date of its passage. Unanimously passed by the City C~uncil .this 1 September , 19 73., ATTEST: Plainyiew Published Every Afternoon Except Saturday With Enlarged Plainview Daily PUBLISHED BY ALLISON COMMUNICATIONS 801 BROADWAY -- PHONE CApitol 4-4343 ~ P.O. Bo~ Pl~nview, Tex~ 79072 THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day James B. O~al, d Busine~ Manager ('l'~tle) of the Plainview Daily Herald, a newspaper of ,general circulation Hale County, Texas, who stated on oath that the attached lished in said newspaper on each of the following dates, to-wit: ....... September 23~ .] .-~..7...a~..~... ,t~,~,,,.-~j~/ Bus:lnes~ Manager (Title) Fee:. $ ~].oqper issuE. SUBSCRIBED AND SWORN TO BEFORE ME this 5.e p:~. 2 A.D., 19 73 '~' 'N;[;~y'~'~'~' 'i~ublie, Hale Ca)maW, The Best Investment For Your Advertising Dollar Plain'view Published Every Afternoon Except Saturday With Enlarged Pla in view 1)ally H, PUBLISHED BY ALLISON COIvlM~JNICATIONS, INC. 8~1 BROADWAY -- PHO]hVE CApitol ~434~- P.O. Box Plainview, Texas 79072 BLO( THE STATE OF TEXAS ) ) COUNTY OF HALE ) hicle BEFORE ME, the undersigned authority, on this day personali .J..a.m.e. ~...B..,,...D..s~ ld ....................................... .B.u.s~in.e.s~s~..Man a g er ..... (Title) of the Plainview 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: ............................ September 21 ....................................................................................................... A. D. 1973 (Title) Fee:. $26.64 per iss~ue SUBSCRIBED AND SWORN TO BEFORE ME this 21;~ day of ..5..e ~g:e..m.~.~j~.D., 19.7..3. ......... N~ary Public, Hale ~unty, Texas ~t/ The Best Investment For Your Advertising Dollar 261 0KDINANCE NO. AN ORDINANCE PROHIBITING PARKING ON EI~HER SIDE OF THAT PORTION OF DATE S~REET LYING BETWEEN THE"NORTH LINE OF THE INTERSECTION OF THE 400 BLOCK OF DATE STREET TO THE SOUTH BOUNDARY LINE OF RAILROAD RIGHT OF WAY CROSSING DATE STREET IN I~ 600 BLOCK. WHEREAS, congesti°n of traffic on a ]portion of Date Street in the City of Plainview, Texas, makes it advisable to prohibit park- ing of motor vehicles or vehicles of any ]kind on either side of that portion of Date Street as hereinafter provided in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI/~ OF THE CITY OF PLAINVIEW: SECTION 1: Parking of any kind of motor vehicle or any other kind of vehicle on both sides of that portion of Date'Street lying between the North line of the intersectiomof 4th Street and Date Street, City of Plainview, Texas, to the'South Boundary line of Railroad Right of Way crossing Date Street in the 600 Block of the City ~f Plainview, Texas. SECTION 2: No person shall park or cause to be parked a motor vehicle, automobile, truck, truck-tractor, or vehicle of any kind on either side of that part of Date Street lying between the North line of the intersection of 4th Street and Date Street to the South' Boundary line of Railroad Right of Way crossing Date Street in the 600 Block of 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 in a sum of. not less than One Do_!lar ($1.00) and not more than Two Hundred Dollars ($200.00). SECTION 4: The Director of Public Safety of the City of Plainview is authorized and directed to erect apprapriate signs as provided in Section 3 of Ordinance Mo. 70-1074 of the City of Plainview ao as to provide notice of the ]prohibited parking area as here inabove provided. PASSED AND' APPROVED this the 17th day of September, A~ D.- ATTES~ M. L. R-EA, ITY CLERK ,' STONEHAM, MAYOR AN APPROPRIATION ORDINANCE NO. 73-1413 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain 'specific funds out of Revenue Sharing Account 427 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 PLAIN¥1EW: There is hereby appropriated, out Of the following described Revenue Sharing Account 427 The sum $ 1,015.50 For the following purpose: Payable to Texas' Testing La'boratories, Inc. Sub surface investigation of sanitary landfill sites fund, to-wit: 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 necessfty 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 ATTEST: 17~h day of , / \ \ CITY SECRETARY Verified by: CITY 'Approved by: Divis ion DirectOr Department Accountlng Department .j ORIGINAL ...... ORDINANCE NO. 73-1414 AN APPROPRIATION ORDINANCE . the City Council of the City of Plainview finds it is necessary to appropriate certain ,specific WHEREAS, funds out of Revenue Sharing Fund, Acct, 427 funds for an approved project, and this ordinance deals wi~ the daily operation Of City depar~nents in the public inten~st which creates an emergency: NOW~ TH EREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriate~ out of the following described Revenue Sharing Fund, Acct. 427. fund, to-wit: The sum $ 260.00 For the following purpose: Payable to John Thrasher Remove debris and clear lot at 204 E. Brazier Project 104 (Lot 3, Blk 12, Wye) 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; ~nd this ordinance shall be effective from' the date of its passage AND IT IS 'SO ORDERED '- ' Passed by the Council on this. 17th. , ~' 1973 . ATTEST: CITY SECRETARY Verified Approved'by: Division Director Accounting Department OR! GINAL 265 o~..-:-~=-~% ORDINANC E.NO. ° ~ 73'1415 AN ' APPROPRIATION ORDilqANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates a:n emergency: NOW, THEREFORE, BE IT, ORDAINED BY THE CITY COUNCIL OF THE CiTY OF P/AINVIEW: There is hereby appropriate~ out of the following described Revenue Sharing ~hmd 427 fund, to-wR: The sum $ 22,94.0.74 For the following purpose: Payable to Yellowhouse lWiachirm_ry Company New John Deere Model JD544H four wheel loader 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 role 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 AND IT IS SO ORDERED 18~_ day 1973 ATTEST: Vedfied / MANAGER Approved by: Division Directo~ ORIGINAL Department Accounting Department ORDINANCE NO. ' - - AN APPROPRIATION ORDINANCE 73-1416 WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for' an.approved project, and this ordinance deals with the daily· operation of city· departments in th'e public interest, which creates an emergency·: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAINVIEW: There is hereby appropriate~ out of the following described . ' Revenue Sharing Account 427 . ' fund, ~o-wit: The sum $ 200.00 - For the following purpose: Payable t~o Bill 'Moore ' . Remove debris and clearing lot at 1007 Winchell Project'No~ ~4 (Lots 26-27, Blk 8, Frisco) WHEREAS,- an emergency exists as shown in the preamble to this ordinance, the enaciment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity that the rule reqmnng proposed ordinances to be presented at two (2) separate C0unciI meetings be dispensed with; and'this ordinance shM1 be effective from the date of its passage. . . Passed by the Council on this AND IT' iS SO ORDERED day of October 1973 ATTEST: MANAGER Approved by: Division Director . ORIGINAL Department Accounting Department 2.67 AN APPROPRIATION ORDINANCE NO. ~' "~~ 73-1417 OR, DINANCE WHEREAS, the City Council of the City of Plainview finds it is necessaW to appropriate certain specific funds out of Revenue Sharing Fund 427 funds for an approved project, and this ordh~ance deals with the dally 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 appropriate~ out of the following described Revenue Sharing Fund 427 The sum $ 250.00 For the following purpose: Payable to Bill Moore Remove debris and clear lot at 1009 Winchell Project No.' 75 (Lots 24 to 29, Blk 8, Frisco) fund; to-wit: 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 role 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 ATTEST: AND IT IS SO ORDERE1D day of October ,~ 1973 i/ ORIGINAL Approved by: Division Director Verified, MANAGER Depm~me~ Accounting Department 268 ORDINANCE' NO. 73-1418 . . AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 ~ funds for an approved project~ and this ordinance deats with the daily operation of City departments in the public interest which creates an emergen~cy: .NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OETHE CITY; OF PLAINVIEW:. There is hereby appropriated out of the following'described Revenue Sharing Fund 427, The sums 250.00 For the following purpose: Payable to Bil~ Moore Remove debris and clear lot at 1015 Davidson Project No. 81 (Lot' 33, Bik 9, .Frisco) 'fund, to-wit: 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 cgeating 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 1St r ,,. day .of ATTEST: CITY _ Approved by: ORIGINAL Division Director Verified by:--~ CIT / MA'~NASER Department AccOunting Department AN APPROPRIATION ORDINANCE NO. 73-1419 ORDINANCE~ -. WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate Certain' specific funds out-of Revenue Shar~g Fund 427 funds for an approve~, project, and this ordinance deals with the daily operation of City departments-in the public~ interest which creates an emergency: NOW, THEREFORE, -q BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY. OF PLAINVIEW: There is hereby appropriated out of. the following described Revenue Sharing Fund 42? The sum $ 200.00 For the following purpose: Payable to Bill Moore Remove debris and .clear lot at 1017 Davidson Project No.. 80 (Lot 34, BIk 9, Frisco) fund, to-wit: 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 Comncil 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 ATTEST: CITY day of October ,l~li~ 1973. Verified by~~ :r'~t/. ~_ GIT .r MANAGER Approved by: Division Director ORIGINAL Depart. rr~nt Acc ount, ing D~partment i ORDINANCE NO. 73-1420 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview .finds it is necessary to a~propriate certain specific funds out of Revenue Sharing Fund 427 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 Revenue Sharing Fund 427 The sum $ .225.00 o For the following purpose: Payable. to Bill Moore WHEREAS, · fund, to-wit: Remove debris and clear lot at 1201 Davids°n PrOject No. 51 (Lot 17 & 18, Blk 2, Frisco) an emergency exists as shown in the preamble to this ordinance, the enactment of this olxti- nance is declared to be an emergency measure thereby creating a public necessity th.at 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 SOORDERED Passed by the Council on this.' ' 1st day of October ATTEST: Approved :by: Division Director Department Accounting Departraent ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1421 OR, DINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 : ' ' funds for an approve~[ project, and this ordinance defils with the daily operation of City departments in the public interest which creates an ~mergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Fund 427 The sum $ 800.00 For the following purpose: fund, to-wit: Payable 'to John Thrasher Remove debris and clear lot alt 703 Fresno Project No.. 101 (Lot 7 & 8, Blk 79, Alexander-Westmoreland) WHEREAS, an emergency exists as shown in the preamable 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. : . . . AND IT IS SO ORDERED Passed by, the Council on this ATTEST: day of. October ,~ 1973 ~' . \ C] \ Verified by :~ CIT -MANAGER Approved by: Division Director Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO, 73-1422 ORDINANCE WHEREAs, the City Council Of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 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: ClTY-OF,PLAIN¥1EW: There is hereby appropriated out of the following described Revenue Sharing ~amd 427 The sum $ 750.00 'fund, to-wit: For the following purpose: Payable to John' Thrasher .... · RemoVe. debris and clear lo.t. at. 705 Fr_esno - Project No.. 102 (Lot 6, B'lk.79, -Alexaaider-Westmoreland)' WHEREAS, an. emergency exists as shown in the preamble to this ordinance, the en.actment of this ordi- nance is declared to be an ~mergency measure thereby creating a public necessity that the mle requiring proposed ordinances to be presented at two (2) separate Council meetings be dispe~sed With; and this ordinance shall be effective from the date of its passage. ' . ' .. Passed by the Cbuhcil on this AND IT IS SO ORDERED day of October. ATTESTS- Approved by: Division Director Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 73-1423 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 funds for an approvc~ project, ~nd 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 PL, AINVIEW: There is hereby appropriated out of the following described Revenue Sharing Fund /}27 The sum $ 225.00 For the following purpos, e: fund, to-wit: Payable' to Kenneth Bond - ' - Remove debris and clear lot at 1206 East llth Project No-. 66 (Lot 6 & 7, Blk 1, Motino) 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 creath~g a public necessity that the role 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 th'is ,, 1st ATTEST: CITY Approved by: Division Director day of 'i October ,l~l~jl~. 1973_ Verified by: ~ CITi MANAGER Department Accounting Department ORIGINAL ORDINANCE NO. AN APPROPRIATION ORDINANCE 73-1424 WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain sPecific 'funds out of ltevenue Sharing Fund 427 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 Revenue Sharing Fund 427 The sumS' 175.00 Forthe following purpose: Payable - to Kenneth Bond fund, to-wit: Remove debris and clear lot at 1204 East llth Project No ~ 88 (Lot 8-9-10, Blk 1, Molino) 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 creatihg 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 AND IT IS SO ORDERED day ATTEST: CITY ' APProved by: ORIGINAL Division Director Verified MANAGER. Department Accounting Department t AN APPROP RIATION ORDINANc E NO. 73-1425 OR, DINANCE WHEREAS, the City Council of the City of Ptainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 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 R~venue Sharing Fund 427 The sum $ 200.00 For the following purpose: fund, to-wit: Payable-to Kenneth Bond . Remove debris and clear lot at 1201 Yoakum Project 87 (Lot 11, Blk 1, Moli. no) 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 necess, ity 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 S00RDEIRED Passed by the Council on this 1st day of. October ATTEST: CITY SECRETAR/~ Verified , ~. 1973 MANAGER Approved by: D/vision Director ORIGINAL. Department 'Accounting Department ORDINANCE' NO. 73-1426 'AN APPROPRIATION ORDINANCE ' WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenua Sharing Fund 427 funds [or 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 Revenue Sharing Fund 427 fund, to-wit: The sum $ 175;00 For the following purpose: Payable'to Kenneth Bond. Remove debris and clear lot-at 1203 Yoakum Project No.. 71 (Lot 12, Blk 1, Molino) 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 AND IT IS 'SO ORDERED 1st . day of October , ~ 1073 . ATTEST: CITY Approved by: Division Director CIT~ MANAGER Department Accounting Department J ORIGINAL 277 .... Of :4,& AN APPROPRIATION ORDINANCE NO. - 73-1427 ORDINANCE- WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 funds for an approv~i 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[ Revenue Sharing Fund 427 The'sum $ 275.00 fund, to-wit: For the following purpose: Payable -to Kenneth Bond Remove debris and clear lot at 1205 Yoakum (Lot 13 & 14, Blk 1, Molino) Project No. 84 WHEREAS, an emergency e:~ists as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measnre 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 , 1 .~: day of Ot'J:obar ATTEST: CITY Verified by I Approved by: Division Director CITY I973 Department Accounting Department ORIGINAL -ORDINANCE NO. 73-'1428 AN .APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessa~ to appropriate certain specific funds out of Revenue Sharing Fund 42? funds for an approved-project, and this ordinance deals with the daily operation of City departments in the public'interest which creates an emergency: N0W~ITHEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PL'AINVIEW: There is hereby appropriated out Of the following described Revenue Sharing Fund 427 The sum $ 225 For the following purpose: fund, to-wit: Payable'to Kenneth Bond Remove debris and clear' lot at 1206 Yoakum Project No. 79 .(Lo~ 7-& 8, Blk 1,~Molino) WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- n'ance 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 sh all be effective from the date of its passage. AND 1T' IS SO ORDERED Passe~l by the Council on this lS t day ATTEST: CITY SECRETARY Verified b~ Approved by: ' ORIGINAL CITY Division Director Department Account/rig Department ORDINANCE NO. 73-1429 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Fund 427 funds' for an approve~ project, and this ordinance deals with ~e 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 appropriate~l out of. the f~llowing described Revenue Sharing Fund 427 The sum $ 150.. 00 fund, to-wit: For the following purpose: Payable to Kenneth Boud Remove debris and e~lear 1.or at 807 Ash Project No. 121 (South 5' of Lot 4, all. of 5, Blk 28 Original. Town) .. WHEREAS, an emergencF exists as shown in the preamble to this o~dinance, the enactment of this ordi- nance is declared to be-an emergency measure thereby creating a public necessity that the rule requlring 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 ATTEST: AND IT iS SO ORDFRED day of Oa-t:nbar , liljl~~. / CITY CITY Approved by: .ORIGINAL Division Director Department Accounting Department AN APPROPRIATION ORDINANCE NO: 73-1450 ORDINANCE WHEREAS, 'the City Council of the City of Plainview finds it is necessary to appropriate' certain specific funds out of General Fund _ funds for an approved'prbject, and this .ordinancedeals with the daily operation of City departments in the public interest which creates an emergency: NOWf THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL; OF THE CITY' OF PLAINVIEW: There is hereby appropriated out of the following described General Fund. fundl to-wit: The sum $ 27.00- For the following purpose: Payable-to Higginbotham-Bartlett Co. Material used in signal light at 5th ~ Austin Hale County State. Bank job - WHEREAS, an emergency exists 'as shown in the preamble to this ordinance, the enactment o.f 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 ordin~ance shall be effective from the date of its passage. AND IT IS SO ORDERED PasSed by the Council on this 1st : (]ay of October , ATTEST: ~ ' ' "' CITY Approved by: ORIGINAL Divis ion Dire ctor Department Accounting Department AN APPROP R! WHEREAS, the City Council of the City of F fUnds out of Gelleral Fund funds fo: operationof City departments in the public interes ,TION ORDINANCE NO. 73-1431 ORDINANCE lainview finds it is necessary to appropriate certain specific an approved project, and this ordinance deals with the daffy ~hich creates an emergency: NOW, TH EREFORE, BE IT ORDAINED 6Y THE CI-TY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General l~nd The sum $ 19.75 . fund, to-wit: For the folio.wing purpose: Payable to Reams Electric Material used in signal lig]~t at 5th ~ Austin Hale County. State Bank job WHEREAS, an emergency exists as shown in the preanlble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity that the role 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 ATTEST: CITY 1st day o~ October ,)~jt~ 1973 Verified APProVed by: '... Division Director Department Accounting Department ORIGINAL ORDINANCE NO. 75-145Z APPROPRIATION - ORDINANCE . % : AN WHEREAS, the City Council of the City of Plainview finds it is necessary to appwpriate 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_, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL'OF THE CITY'OF PLAINVIEW: There is hereby appropriated out of the following described General l~nd The'sum $: 160.00 ~" For the following purpose: Payable' to Pacific Union Metal Division Material used-in signal light at 5th ~ Austin Hale County State B~mk job . fund, to-wit: . 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 c~eating a public necessity that the role requi~ing ' 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 1st ' day of October ATTEST: CITY SECRETARY " -' ' Verified by.'z~~'r~ ~ ' CI' 'Y MANAGER Approved by: ORIGINAL Division Direct°r -' * . Department Accounting Department AN APPROPRIATION ORDINANCE NO. 73-1433 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAINVIEW: There is hereby appropriated out of the following described General Fund fund, to-wit: The sum $ 6.72 For the following purpose: Payable .to Giff6rd.I-Iill ~ (kZnPany. Inc, Material used in signal light at 5th '~ Austin Hale County State Bank jOb . 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 role requiring proposed ordinances to be presented at two (2) separate Co. uncLl 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 1st d~y of October ATTEST: CITY SECRETARY Division Director Approved by: · Department Accounting Department ORIGINAL 284 AN APPROPRIATION ORDINANCE NO. 73-1434 ORDINANCE WHEREAS, the City Council of the City of-Plainview finds it is necessary to appropriate certain specific funds out of General Fund, Unappropriated Surplus 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, Unappropriated Surplus .The sum $ 1,016.09 For the following purpose: fund, to-wit: Payable to Police Department Budget, Acct. 607-005 Transfer of funds for the purpose of employing a new school guard as recommended by the Citizmn"s Committee on Traffic Safety WHEREAS, an emergency exists as_sh0wn 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 Co ~un_cil meetings be dispensed ~i~th; and this ordinance sh~ll be effective from the date of its passage. AND IT IS' SO ORDERED Passed by the Council on this~ day 1973 / ATTEST: CITY SECRETARY Verified ~NAGER Approved bY: Division Director Department Accounting Department ORIGINAL ORDINANCE NO. 73-1435 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Running Water Draw REgional Park Fund, Account 407 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 JT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Rtuming Water Draw Regional Park Fund, Acct. The Sum $ 200.00 For the following purpose: 407 fund, to-wit: Payable to J. Bassett Smith Earth Construction Plowing recreation park known as Running Water Draw WHEREAS, an emergency exists as shown in the premnble to this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessib] that the rule requiring proposed ordinances to be P~esented at two (2) Separate Council1 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 15th ATTEST: CITY 'SECRETARY Approved by: Divisiom Director day of ~ ~ctober , ~X 1973 Verified by: CIT~ MANAGER Department ORIGINAL Accounting Department ~4 ORDINANCE NO. ~ 73-1436 %. ~.+ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary, to appropriate certain specific funds out of Unappropriated Surplus Account 419 funds for an approved project, and this ordinance deals with the daily operation of City deparhments 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 Unappropriated Surplus Acct, 419 The sum $ 1,562.55 fund, to-wit: 605 -~118 For the fotlowingpurpose: Payable to Joe Sharp, City Attorney Accrued fees to date in services 'on tl~e case Of city of Amarillo, Borger, and Pampa vs. the Canadian River Municipal Water Authority and cities of Plainview, Lubbock, et al. 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. AND IT !$ SO ORDERED 5th November 1973 Passed by the Council on this day ,l~l~l{ // ATTEST: ~YOR MANAGER Approved by: ORIGINAL Division Director Department Accounting Department J 987 AN APPROPRIATION ORDINANCE NO. 73-1437 ORDINANCE WHEREAS, the City Council of the City.of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427 _ fund, to-wit: The sum $ 1,000.00 For the following purpose: Payable to Maggard-Nall Motor Co., Inc. Payment of retainage held on three (3) truck chassis units for Sanitation equipment. Initial payment less this retainage was approved by' Ordinance No. 73-1393 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 neces~s~ty that the rule requiring .proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; .and this ordin~ce shall be effective from the date of its passage. AND IT'lS SO ORDFRED Passed by the Council on this ATTEST: c] 5th Verified by: CIT~M~AGER ---' Approved by: Division Direct~ Department Accounting Department ORIGINAL 288 AN APPROPRIATION ORDINANCE NO. 73-1438 oRDINANCE WHEREAS, the City Council of the City o£ Plainview finds it is necessary to appropriate,certain Specific funds out of Revenue Sharing Account 427 Funds for an approved project, and thi~ 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 ClTYOF PLAINVIEW: There is hereby.appropriated out of the following described Revenue Sharing Account 427 The sum $ 250.00 fund, to-wit: For the following purpose: Payable to W. F. Moore Remove debris and clear-lot at 100 Wi Campbell Project #42 (Lot 7, Blk 9, Wye Addition) ~/.HEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be ag emergency measure thereby creating a public necessity that the rule r~qu~.r.i.ng proposed ordinances to be presehted"ht two (2) sep'arafe~ 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 5th .day ¢-f. November ,7i~ 1973 ATTEST: CITY SECRETARY Verifi, Approved by: Divis ion Director _ Department Accounting Department ORIGINAl_ 289 -q AN APPROPRIATION ...... ORDINANCE NO. 73d1439 ORDINANCE- WHEREAS, the City Council of the City of Ptainvlew finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the daily operation-of city departments in the public interest which creates aaemergency: NOW, THEREF:0RE, BE 1T ORDAINED BY'THE CITY COUNCIL OF THE CiTY OF: PLAINVIEW: There is hereby appropriated out of the following described· Revenue Sharing Account 427 The sum $ .300.00 For the following purpose'.' Payable to W. F. Moore Remove debris and clear lot at 101 E. Carver Project ~44 (Lot 12, Blk 1.3, Wye Addition) fund, to-wit: WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be m3 emergency measure thereby creating a public .necessity that the role requiring proposed ordinances to be presented at two (2) separate Coancil meetings be dispensed with; and this ordinance shall be effective from the date of its passage. Passed by the Council on this ATTEST: AND IT iS SO ORDERED 5th ' day of November / CITY SECRETARY Verified MANAGER Approved by: Division Director Department Accounting Department ORIGINAL ORDINANCE NO. 73-1440 AN APPROPRiATiON ORDINANCE ' WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals With the daily operation of City deparh-nents in the public interest which creates an emergency:- blOW, THEREFORE, · BE IT 'ORDAIN. ED BY THE CITY COUNCIL OF. THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: 1'he sum $ 50.00 For the following purpose: Payable to W. F. Moore' Remove debris and clear~ lot at 107 W. Campbell Project ~46 (East 1/2 of Lot 1, Blk 8, Wye ~3) 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 pre~sented' a't tw~ (2) separate Council meetings be dikpensed with; and this ordinan~'e ' shall be effective from the date of its passage, . , . AND ITIS SO ORDERED passed by the Council or/th'is ~" 5th daf'St" '/Novembe_z , ' . ,¥~Z_3_973 ~: ./ ATTEST: CITY' 'Verified MANAGER Approved by: Divis ion Director Departraent Accounting I~eparttnent ORIGINAL AN APPROPRIATION ORDINANCE 73-1441 ORDINANCE WHEREAS, tl~e City Council of the City of Plalnview finds it is. necessary fo appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approvekl project, and this ordinance deals with the daily operation of City depar~nents 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 Revenue Sharing Account 427 The sum $ 300.00 For the following purpose: Payable to W. F. Moore Remove debris and clear lo1: at 1520 N. Austin Project ~/47 (West 1/2 of Lot 1, Blk 8, Wye ~/3) fund, to-wit: WHEREAS, an emergency exists as shown in the preamble to this ordinance'j 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. - AND IT iS SO ORDERED Passed by the Com~cil on this ATTEST: 5th day of' .~ November ,Yt~ 1973 . Verified CITY MANAGER Approved by: Dirts ion Director Department Accounting Department ORIGINAL ORDINANCE NO. 73-1442 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of'Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, ,and thins ord.~nance deals with the daily operation of City departments in the publ{c interes~=?hich creates an emergency: NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLA~NVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: The sum $ 225.00 For thg following purpose: . Payable to W. F. ,Moore Remove debris and clear lot at !714~N.' Austin Project #48 (North 90 ft. of Lot 1, Blk 14, Wye Addition). 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 wi-th; and this ordinance shall be effective from the date of its passage. Passed by the Council on this ATTEST: AND IT:IS SO ORDERED 5th ,~. day of November ~ ,Xli~ App roved by: Division Director Department Accounting Department ORIGINAL 293 ORDINANCE NO. _~3-1~_43 AN ORDIN~aNCE ~fi~rDING ZONING ORDINANC~ NO. 794 AND T~E OFFICIAL MAP OF THE CITY OF PLAINVI~ SO AS TO MAKE THE FOLLOWING CHANGES, AND CREATING AN EMER~ ZON~ CASE NO. 241: Request of Jesse Richardson for rezoning of Lots 6, 7, and 8, Block 79, Alexander and Westmoreland Addition located.at 703- 705 Fresno for use of multi-d~ellings CITY OF PLAtNrVt~, HALE COUNTY, TEXAS FROM rDISTRICT. R-2 to a R-3 ZONING ~%~qEREAS, the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning & Zoning Commission for its recommendation which was received by the City Council, and after due consideration the City Council of the City of Plainview finds 'that for the or~rly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to .the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinmace 794 as well as notices pro- vided by Article 1011F Vernon's Annotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of such.pro- posed amendment,-and th& Public Hearing according to said notice was duly held in the.City Council Room of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council, determined that it would be ~n the public interest due to changed conditions, that the Zoning Ordinance gnd the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY OF PLAINVI~W: SECTION 1. That Ordinance No. 794 and the Official Zoning ~dap be and the same are hereby amended as follows, to-wit: Change ZONE CASE NO. 241 lots 6, 7, and 8, Block 79, Alexander and-Westmoreland Addition, located at 703-705 Fresno for use of multi-dwellings City of Plain¥iew, Hale County, Texas, from an R-2 to a R-3 Zoning District. From the date of this Ordinance said'Lot, tract, and parcel of land described shall be and hereby be changed to the. Zoning District indicated and the Official Map is amended in accordance herewith. WHEREAS, an emergency exists as shown in the preamble to th~s Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating .a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separate Council meetings be dispensed with; and this OrdinanCe shall be effective from the date of its passage. Unanimotmly passed by the City Council this' l~h ~day of November , 19 7X ATTEST: zty ecre%a~-~ Treasurer 294 OmINA CE NO. 73-/MFF AN ORDINANCE PROHISITING THE SALE OF ALCHOLIC BEVERAGES WHERE THE PLACE OF BUSINESS OF ANY SUCH DEALEK IS WITHIN 300 FEET OF ANY CHURCH, PUBLIC SCHOOL OK PUBLIC HOSPITAL IN-THE CITY OF PLAINVIEW WHEREAS, Article 666-25a of the Texas Liquor 'Control Act as codified by Vernon's Annotated Civil Statutes of Texas pro- rides that the governing authorities of any City or Town may. within its corporate limits prohibit the sale of alcholic beverages by any dealer where the place of business of any such dealer is within 300 feet of any Church, public school or publid hospital, the' measurements to'be a'l~ong property lines of ~reet fronts and front door to front door and in direct line across inter- sections where they occur, NOW THEREFORE: BE IT ORDAINED BY T~IE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: ffhe sale of. alcholic beverages by any dealer, person, club, association or corporation, where the place" of business of any such dealer, person,: el.ub, association or cot ~.- potation, is within three .hundred feet (300 ft.) of any church, public school or public hospital, is hereby prohibited. To determine whether or not the place of dealer is within the pro- hibited distance of any church, public school or public hospital, the measurements shall be along property lines of street fronts and-from front door to front door and in direct line across inter- sections where they occur. SECTION 2: Any person, corporation, associatiom or club and any person acting as agent for any association, Club. or corporation who shall · Published Every Afternoon Except Saturday With Enlarged Pla in v iew Daily PUBLISHED BY AL]LISON COMMUNICATIONS, 801 BROADWAY ~ I~IO]NE CApitol 4-4~43 ~ P.O. Plainview, Texas 79072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day James.; B. Oswald Business Manager of the Plainview Daily Herald, a newspaper of general Hale County, Texas, who stated on oath that the attached day lished in said newspaper on each of the following dates, to-wit: .... November 21 ~ "'~'"'~"'~ ..... ~--~' "" (Title) Fee: $29.16 per issue SUBSCRIBED AND SWORN TO BEFORE ME this ...2..~..s.~ ...... N_qy.e.m.b..e..r.. A.D., 19..7..3. ........ day of The Best Investment For Your Advertising Dollar violate Section 1 of this ordinance shall be guilty of a mis- demeanor and shall be punished by a fine of not more than $200.00. SECTION 3: Should any sentence, line, word, phrase, or part of this ordinance be declared invalid it shall not effect the remaining portion of said ordinance and the same shall be read as though said line, phrase, sentence or word or words that are declared invalid are deleted from the ordinance and the remaining parts of sa~id prdinance shall be valid and enforceable. The City Council declares that it would have passed the same with said word or phrase or line so declared illegal, deleted therefrom. PASSED AND ADOPTED this the 5th day of NoVember, A. D., 1973.- ? / ATTEST: ORDINANCE NO. 73- /~/~ AN ORDINANCE REGULATING TRAFFIC PERTAINING TO FUNERAL PROCESSIONS OR PARADES OR OTHER PROCESSIONS WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIE~-. ' ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: DEFINITIONS The term or words "funeral procession" as used in this ordi- nance, shall mean any procession whereby a funeral is in progress and the City Police are leading the procession. The word "parade" shall mean any procession whereby a parade is in progress ,, 11 The word ~ convoy .a~used in this ordinance shall mean and refer to a vehicle, or mo~e than one vehicle (when each vehicle is following the Other as in a procession) being led 'by a police officer of the City of Plainview, Texas, Or a patrolman of the State Department of Public Safety, or the Hale County Sheriff, or one of his deputies. By the term '/police escort" as used in this ordinance is meant the leading of vehicles or a vehicle through or on a street or. highway in the City of Plainview by a peace officer driving a vehicle plainly marked in such a way as to indicate that the same is operated by a peace officer of the City of P1Rinview, the County of Hale~ or.of the Department of Public Safety of' ~'~' ~S~te of.~ Texas. ~' SECTION 2: It is hereby declared to be the policy of the City of Plainview to provide for the control of traffic by City Policemen in funeral processions, convoys or parades in the City of Plainview; and to lead same when necessary in the opinion of the agents of the Police Department of the City Of Plainview, and to direct traffic on such occasions. SECTION 3: Ail traffic within the City of Plainview shall yield the right-of-way to the directions of the Police Depart- ment or other peace officer directing traffic on any OCcasion wherein funeral processions are in progress, whether going~through Plainview or coming to PlainView, or from the home 0f'th~family to the Church or fUneral home, or from the Church or funeral home to the cemetery. Phinview LEGAL NOTICE :56 ORDINANCE NO. 73-1445 AN ORDIN~N'C~?~GULATING TRAF- F C PERTAINING ~i~_-F~tNERAL PRO- Published Every A[ternoon Except Saturday With Enlarg c~ss,o.s o. ~:o~;o. P ROG~SIONS WITHIN ~HE CITY LIM~j~¢~'~ TH E CITY' OD ?LAINVI EW. cOuNC~ O~ ~.~ C,~V O~ ~,N- VIEW: :, ', SECTION 1: DE'F~N/Tt~NS. Daily '""" or words 'ffun~ra, mean ~ny pr~cessi0n whereby ~ funiral s in profess and ~e City Police I~ding the uro~essl¢n. The word "parade' shall mefl~ any vrocession whereby a pomade is in pro~ 'THE STATE OF TEXAS COUNTY OF HALE ress. PUBLISHED BY ALI'J~ON CO~[TJ'I~T[C~']~ONS. The word "convoy" as used in this 801 ]3ROADW'z~¥ ~ PHONJ~ CA~dtol 4-4343 -- P.O. Plainview:, Texas 7Y072 BEFORE ME, the undersigned authority, on this day per,, ordinanc;e shall mean and. refer to a v6- h ¢ e, or more than one v~hicle' (when each vehicle s fo lowing the other as iw 0 procession) being led by a police officer of th~ City of PlainvieW/Te;~as, or a patrolman of the State Depad- ment of Public Safety, er th~ Hale Ca~nty Sher ff, or on~ of his deputi~., By the. ~rm "p01 ce escort" as. used in th s ordinance it, meant th~ I~ding ef vehiCl~s"o~ a yah ce through or on" a atre~t br h ghway i~ fha Cty of Plain-, view by:a peace'officer driving a va-= hide ~tainly merged in such .a wgy to indicdte ~hat the same' s ' operateck by a. peace :officer of the City of plain-" view, the C~oudty of Hgle, or of the De~i portmofit bf Pubic Safety of the of Texas. , . · 'SECTION 2: tt ls he.r. eby dec_[qr, edv.;v~[ be the policy, of the Cffy of .P~am i -t to pray de for the c0ntro of traffic City Policemen in funeral processions;] convoys or parades in the City of Plain-~'l view; and tO le~d same when necessary J In the opinion of the agents of .the hca Department of the cry of Plaih~rJ view, arid to direct traffic on such ac-' Cosigns. SECTION 3: All traffic with of..Ploinview to the directions of the Police merit or~ other' peace, officer James B. Oswald Business Nonage: (Title) of the Plainvie.w Daily Herald, a newspaper of general circulatii Hale County, Texas, who stated on oath that the attached instrt highway in the City of Plainview, lished in said newspaper on each of the following dates, to-wit: ... os ......n I SECTION 51 All persons arlw . J[ vehicles in any funeral process N ~ b e ~ . l} rode, or COnYoy having e police ........................ ~ ~ 11 may proceed through stop signs .................. ~V m ............ ?.~ .... . ............... ; .......... L light 5i.a~l~ if the p~lic~ J proceed{ 'through ~me .withom .k~ /' ~. ([ ~ ~- : - ~. uo~,, , ~ .g ate or fail to eom[ ................ ~.~.t ...... ~...T .......... ~ ..................................... [ qion~ of this Orlinan fin~ Of not 6ss than than .PASSED .AND~ J Feet $37.80 per issue ~*~ ""Y of UOV~ JOHN D. STONE ATTEST: . ~. REA~ CITY' CLERK pr6assions ore' in progress, ins through Piainview or coming f -~ninvikw, or from th~ home of t · O lb/ tO the Church or funeral home, um the Church or funerof home t c~m~fery. SECT ON 4: A persons-oberatinc, tar vehicles, or uny other kind clips shal yield the right-of-waY hlcles and persons (w~ k ng or SUBSCRIBED AND SWORN TO BEF~ORE ME this .... .2..1. ~.~ .... day of lU0..v..e.m.b..e...r.. A.D., 19....7..3. ...... ~otary Public, Hale Coun ,t~ex~ The Best Investment For Your Aclvertising Dollar 297 SECTION 4: Ail persons operating motor vehicles, or any other kind of vehicles shall yield the right-of-way to vehicles and persons (walking or mounted) in a convoy or parade on any street or highway in the City of Plai~view, Texas. SECTION 5: Ail persons driving motor vehicles in any funeral procession, parade, or. convoy having a police escort may proceed through stop signs or red light signals if the police escort vehicle proceeds through same without stopping. SECTION 6: Any person who shall 'violate or fail to comply with the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by fine of not less than $1.00 or not more than $200.00. PASSED AND APPROVED this the [q~----~ __day of ~ ~,.~::~--'I~. , A. D. 1973. ATTEST: M.L. REA, CITY CLERK V UOkI~ D. STONEI3Jk~; MAYOR ' o~*,~ ORDINANCE NO: o ~ 73-1446 " ' AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary t0 appropriaf~'certain specific funds out of Pro Rata Construction 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 C/TY~OF'PI2kiNVIEW: ' There is hereby appropriated out of the following described Pro Rata Com~struction The sum $ 1,999.'31 fund, to-wit: For the following puq~ose: Payable to Can-Tex Industries Pipe and tees used for stock. WHEREAS, an emergency exists'as shown in the preamble to this ordinance, the enactment of this ordi- nance is declared to be ar~ emergency measure thereby creating a public necessity that the nile requiring proposed ordinances to be presented at two (2) separate Comncil meetings be dispensed with; and this ordinance shall be effective from the date of its passage. .Passed by the Council on this ATTEST: CITY SECRETARY AND IT IS-SO ORDERED 19th, day of November ,X~ Verified by: 1973 Approved by: Divis ion Director Department Accounting Department ~ORIGINAL NOTICE OF ANNEXATION PROCEEDINGS TO BE INSTITUTED BY THE CITY OF PLAINVIEW NOTICE is hereby given pursuant to an application made by the several and different owners of the various tracts of land lying within the boundaries of the tract of land herein- after described, %hat there will be held before the City Council of the City of Plainview on the l?thday of December , 197 3, beginning at ?:30 o~clock p .m. at the re- gutar meeting Place of the City Council in the City Hall of the City of Plainview, a public hearing, at which all inter- ested persons will be given~an opportunity %o be heard, per- ~ taining to the annexation to the City of Plainview of the following described territory: BEING the North and East portion of the North One-Half (N/2) of the Northwest Quarter of Section No. 38, Block JK-2, lo- cated in Hale County, Texas, and containing 54 acres of land, described as follows: BEGINNING at 5/8 inch rod set in ground in middle of lane, in line with fence to East, for the Northwest corner of Section No. 38, Block JK-2; THENCE East with fence, 950.4 varas to 1 inch pipe at corner of fences in middle Of the North line of said Section No. 38; THENCE South 475.2 varas to 5/8 inclh rod at intersection of fences'North-South~East-West, and being in middle of the East line of Northwest Quarter of said Section No. 38; THENCE West 332.6 varas to point under fence in South line of North Half Of Northwest Quarter of said Section No. 38, and being the Southeast co~ner of 26-acre tract out of the South- west part bf same; 300 THENCE North 237 '~6.varas to~.Northeast corner of said 26-acre tract; THENCE West 617o8 varas_to point in West line of said Section No. 38 and the Nor.thwes%'-~.~cO~ner of said 26-acre tract; THENCE North 237.6 varas to PLACE OF BEGINNING, J~,~D. STONEHAM, Mayor ~h~ City of Plainview 301 THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW APPLICATION FOR ANNEXATION TO THE HONOPLkBLE CITY COUNCIL OF THE CITY OF PLAINVIEW: NOW COMES the undersigned and respectfully petitions the City Council of the City of Plainview to annex to the City of Plainview all of that certain tract of land lying within the County of Hale, State of Texas, and described by metes and bounds on Exhibit "A" attached hereto, which said Exhibit "A" is made a part hereto as if same were fully copied and included above the signature of the under- signed. In connection with this petition and application for annexa- tion, the undersigned will respectfully show to the Honorable City Council of the City of Plainview as follows: 1. That this petition is signed by the persons and all corpora- tions who own land located within'the area described on Exhibit "A." 2. That said area and land is contiguous to the City Limits of the City of Plainview and is accessible to the City Water and City Sewer. WHEREFORE, the undersigned Petitioner respectfully requests that said area and territory described on said Exhibit "A" be annexed to the City of Plainview and brought into its City Limits. PLAIW~IE~DUSTRIAL FOUNDATION, INC. \ BEING the North and East portion of the North One-Half (N/2) of the Northwest Quarter of Section No. 38, Block JK-2, lo- cated in Hale County, 'Texas, and containing 54 acres of land, described as follows: BEGINNING at 5/8 inch rod set in ground in middle of lane, in line .with fence to East, for the Northwest corner of Section No. 38, Block JK-2; THENCE East with fence, 950.4 varas to 1 inch pipe at corner of fences in middle of the North line of said Section No. 38; THENCE south 475.2 varas to 5/8 inch rod a% intersection of fences North-South-East-West, and being in middle of the East line of Northwest Quarter of said Section No. 38; THENCE West 332.6 varas to point under fence in South line of North Half of Northwest Quarter of said Section No. 38, and being the Southeast corner of 26-acre tract out of the South- west part of same; THENCE North 237.6 varas to Northeast corner of said 26-acre tract; THENCE West 617.8 varas to point in West line of said Section No. 38 and the Northwest corner of said 26racre tract; THENCE North 237.6 varas to PLACE OF BEGINNING. EXHIBIT "A" 303 AN ORDINANCE SETTING A DATE, TIME A~D PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF PLAINViEW, TEXAS, AUTHORIZING AND Di~CTING THE MAYOR TO PUBLIC NOTICE OF SUCH PUBLIC HEARING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. On the'~%{~day of~~~-~~ ~ , 197~, at ~ o'clock ~.m. in the~'Chamber of ~h~-~'~y Hall of the City of Plainview~ Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Ptainview~, Texas of the following described property, to-wit: BEING the North and East portion of the North One-Half (N/2) of the Northwest Quarter of Section No. 38, Block JK'~2, lo- cated in Hale County, Texas, and containing 54 acres of land, described as follows: BEGINNING at 5/8 inch rod set in ground in middle of lane, in line with fence to East, for the Northwest corner of Section No. 38, Block JK-2; THENCE East with fence, 950.4 var-as to 1 inch pipe at corner of fences in middle of the North line of said Section No. 38; THENCE South 475.2 varas to 5/8 inch rod at intersection of fences North-South-East-West, and being in middle of the East line of Northwest Quarter of said Section No. 38; THENCE West 332.6 varas to point under fence in South line Of North Half of Northwest Quarter of said Section No. 38, and being the Southeast corner of 26-acre tract out of the South- west part of same; THENCE North 237.6 varas to Northeast corner of said 26-acre tract; 3O4 THENCE West 617.8 varas to point in West line of said Section No. 38 and the Northwest corner of said 26-acre tract; THENCE North-:'237.6 v'aras to PLACE OF BEGINNING. SECTION 2. The Mayor of the City of Plainview is here- by auth~-~zed and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than twenty (20) days nor less'than ten (10) days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Chapter 160, Acts of the 58t~ Legislature, Regular Session, 1963; compiled as 970a; Vernon's Texas Civil Statutes). ~ PASSED AND APPROVED this, the~---~day of ~, ATTEST:' City Clerk ORDINANCE NO. 73-1448 AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE POWERS OF THAT COMMITTEE; CREATING THE OFFICE OF MUNICIPAL DEFENSE COORDINATOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WZTH E~RGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OEPLAINVIEW; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; AND FOR RELATED PURPOSES: PROHIBiTiNG UNAUTHORIZED LIGHTS AND WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABL~ BY FINE NOT EXCEEDING $200.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of P!ainview which shall consist of the following: (a) The Mayor of the City of P!ainview shall he the Municipal Defense Coordinator of the Cityof Plainview. 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 P!ainview, together with such other duties as the Coordinator may prescribe. The Assistant Coordinator shall be the City Manager. (c) The Directors of Divisions and Chiefs of Services of such Divi- sions 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 (I0) in number from civic, business, industry, labor, veterans, professional, or other groups, to be .selected and appointed by the Mayor. SECTION 2: The powers and duties of the Municipal Civil Defense and Disaster Re!iefCommi~.~ee s~all~inciude ~he~ecomme~a~ion'f~r.aao~t~o~.~y 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 ag-~eements which are deemed essential 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 availa- bility of existing personnel, equipment, supplies and serviees which could be used during an emergency~ as provided fo~? herein, as well as a continuing study of the need for amendments and improwements in the civil defense plan adopted by the City Council. The Civil Defense and Disaster Relief Committee of the City of P!ainview shall meet upon the call of either the Chairman or Vice-Chairman. SECTION 3: The Mayor of the City of Piainview 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 plan for the County of Hale, as well as other powers necessary to participate in a county-wide program of civil defense and disaster relief insofar as said program may affect the City of .Pt~inview. 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 confir- mation by the City Council at its next meeting. The dnties and responsibilities of the Municipal Defense Coordinator' shall include the following: (1) The control and dimection of the actual operation or training efforts of the civil defense anddisaster relief organization of the City of Plainview; (2) The determination of all questions of authority and responsibility that.may arise within the civil defense and disaster relief organi- zation of the City of Plainview; (3) The maintenance of necessary liaison 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 ~he.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, rggulations or directives which are necessary for the protection of life and property in the City of Ptainview, such rules and regulations shall be filed in the office of the City Clerk and shall receive widespread publicity unless publicity will be of aid and comfort to the enemy; (7) The supervision of the'drafting and ekecUtion of mutu~t aid agrements, in cooperation with the rep-~esentati~ves of the State and other local political subdivisions of the State, and the drafting and execution, if 4eemed 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 anddisaster relief. -2- 07' (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 S: The ooerational civil defense and disaster relief organiza- tion of the City of P!ainview shall consist of the officers and employees of the City of Piainview designated by the Municipal Defense Coordinator as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution or the Municipal Defense Coordinator shall provide by directive. Any such resolution or directive shall set forth the form of organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this Ordinance. Insofar as possible, the formof organization, titles, and terminology shall conform to the recommendations of the State Defense and Disaster Relief Council of the State of Texas and of the Federal Government. SECTION 6: Each person serving as a member of the Municipal Civil Defense and Disaster Relief Committee, or-as an officer, employee or volunteer in any. capacity in the Municipal Civil Defense and Disaster Relief Organization created by resolution or directive pursuant to the S. uthority herein conferred, shall prior to assuming their duty or duties, take an oath which shall.be substantially as follows: "i, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Texas, against all enemies., foreign and domestic; that I wil! bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I wflt well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I am a member or an affiliate of any political party or organization, g~oup or combination of persons that advocates the .overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the Municipal Civil Defense and Disaster Relief CO~mmittee'~of the City~ofPla'i'nview Iwilt~no.t advocate.nor become a member or an affiliate of any organization, group or combination of · persons or of any political party that advocates the overthrow of the government of the United States or of this State by force or violence." SECTION 7: Any li.ght displayed contrary to any order, rule, or regulation promulgated pursuant to the provisions of this..Ordinance constitutes a public nuisance and when deemed necessary or in order to protect life or property during blackouts or air raids, the police amc authorized and directed to enter -3- upon any premises within the City of Plainvie~, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this Ordinance. SECTION 8: Any unauthorized person who shall operate a airen or other device so as 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 the pana!ties imposed by this Ordinance., SECTION 9: At all times when the orders, rules and regulations made an~ · promulgated pumsuant to this Ordinance shall be in effect, they shall supersed~ all existing Ordinances, orders, rules andregulations insofar as the latter may be inconsistent therewith. SECTION 10: This Ordinance shall not be construed so as to conflict with any Military or Naval order, rule or regulation. SECTION 11: This Ordinance is an exercise by the City of its governmental functions 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,, receiver, firm, partnership, Corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule or regulation ~romuigated pursuant to the provisions of this Ordinance shall be liable for any damage sustained to persons or property as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compen- sation grants to the City of P!ainview a lic.ense or privilege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an ad,ual, impending or practice enemy attack shall, together with his successors in interest~ if any, 'not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of,~or damage to, the property of suc. h'person. SECTION 12: No perso~ shall have the right to expend any public funds of the City in carrying out any civil defense activity authorized by this Ordinance without prior approval by the City Council, nor shall any person have any right to'bind the City by contract, agreement or otherwise without prior and specific approval of the City Council. SECTION 13: It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the civil defense organization in the enforce- m~nt Of any rule om.regulation issued pursuant to this Ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authoritY any emblem, insignia or any o~her means of identification, as a member of the civil defense organizatio~ of.'the City of Plainview, unless authority so to do has been grante~ to such perso~by the pmoper officials. Convictions for violations of the' provisions of t~is Ordinance shall be punishable by a fine-of not less than One Dollar ($~.00) and not more than Two Hundred Dollars ($200.00). -4- 3O9 SECTION 14: If any 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 essential to the public health~ safety and welfare and it shall take immediate effect. PASSED AND APPROVED this 3rd day of December , A.D. 1973. ~TZ G~RISON, Mayor Pro Tem ATTEST: Y -5- 310' ORDINANCE NO. 73-1449 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of C-eneral Fund~ Unappropriated Surplus Account - 611 - funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: }~0W, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAiNVIEW: There is hereby appropriated out of the foIlowing described General Fund, Unappropriated Surplus Account fund, to-wit: The sum $ 123.50 For the following purpose: Appropriated to: Public Safety Dept. -Acct. fJ620-811 Payable to Western Industrial Signal light installation equipment WHEREAS, an emergency exists as shown zn the preamble to this ordinance~ the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public necessity th'at the rule requiring prgposed 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 lS SO ORDERED Passed by the Council on this__ 17th Verified by: " t ATTEST: CITY SECRETARY Approved by: Division Dh'ector CITY [ANAGER Department Accounting Department ORIGINAL AN APPROPRiATiON ORDINANCE NO. 73-1450 ORDINANCE WHEREAS, the City Council of the City of Ptainview finds it is necessary to appropriate certain specific funds out. of Pro Rata Construction Account ~J434 funds for an approv~J project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency': NOWf THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAINV1EW: There is hereby appropriated out of the following described Pro Rata Construction Account fund, to-wit: The sum $ 200.00 Foi the following purpose: Payable to Novak Construction Co. Construction Estimate No. 11 & Final Water and Sewer Extensions Norsk Construction Company' Contract of July 20, 1971. Payment of retainage and termination of contract 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 Cotmcil meetihgs be dispensed with; and this ordinance shal~ be effective from the date of its passage. AND tT iS SO ORDERED Passed by the Council on this ATTEST: CITY SECRETARY 17th day of December , ~ 1973 'x Verified by: CIT~ Approved by' Di~is ion Director D~partment Accounting Department ORIGINAL ORDINANCE NO. AN APPROPRIATION 73-1451 ORDINANCE WHEREAS, the City Council of the City of P!ainview finds it is necessary to appropriate certain specific funds out of .Revenue Sharing Trust Fund, Acct. 427 funds for an approved project, and this 'ordinance deals with the daily operation of City departments in the public ~.~terest 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 Revenue Sharing Trust Fund, Accto 427 fund, to-wit: The sum $ 48,273000 For the following purpose: Payable to 1973 Certificate.of Obligation Interest and Redemption Fund, Acct. 411 Redemption of certificates issued to purchase refuse collection equipment. 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 role requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and this ordinance sh~l be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Councilon this t7ttt_ day of ~c~Jnt3~r , ~KX-&973---. ATTEST: CITY SECRETARY Approved by: Division Director ORiGiNAL Verified MANAGER D6partment ~ ~ 1 313 AN APPROPRIATION ORDINANCE NO. 73-1452 ORDINANCE WHEREAS, the City CounciI of the City of Plainview fh~ds it is necessary to appropriate ce~ain specific funds out of Revenue Sharing Street Improvement, Acct. 427 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, iHEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF PLAINVIEW: There is hereby appropriated' out of the following described Revenue Sharing Street improvement, ~427 fund, to-wit: The sum $ 3r955.50 For the following purpose: Payable to High Plains Pavers, Inc. Miscellaneous curb and gutter and paving improvements on Austin Streetr 5th Street, and Baltimore Street adjacent to Hale County State Bank parking lot, south of alZey. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance fs 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. 17th day of December 1973 ATTEST: Verified ,/ MANAGER ' Approved by: Division Director Department Account~g Department ORIGINAL ORDINANCE NO~ 73-1453 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 70-1074 SO AS TO PROHIBIT PARKING ON THAT PORT'ION OF 8TH STREET IN THE CITY OF PLAINVIEW LYING BETWEEN INDEPEndENCE STREET AND THE ALLEY RU~rNING NORTH AND SOUTH BETWEEN HOUSTON STREET AND IR~EPENDENCE STREET IN SAID CiTY OF PLAtNVIEW, BE IT ORDAINED BY THE CITY COUNCIL OF THET CITY OF PLAINVIEW: SECTION 1: Section 1 of Ordinance No. 70-1074 of the City of P!ainview is hereby amended so as to hereafter read as follows: "SECTION !: Parking of vehicles on the North side of that portion of 8th Street in the City of Ptainview lying between Independence Street and .the alley between Houston Street and Independence Street is hereby prohibited." SECTION 2: Except as amended hereby Ordinance No. 70-1074 and all sections, provisions and terms thereof together with the penalty provided for therein shall r~main in full force and effect and the penalty as provided for in Ordinance No, 70-1074 shall be the penalty applicable to 'this amendment. PASSED A~ND APPROVED this 17th day of December, 1973. ~r,'Ci~ of Plainview. ATTEST: Mo L, Rea ~ City Clerk, City of Plainview 315 AN APPROPRIATION ORDINANCE NO. 74~i454 ORDINANCE WHEREAS, the City Council of the City of Plo_inview f~rtds it is necessary to appropriate certain specific funds out of Revenue Sha~ing Account 427 funds for ~n 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 Revenue Sha~ing Account 427 The sum $ 425°00 For the following purpose: Payable to Wo Fo Moore Remove debris and clear lot at 1206 Portland Project #94; Lot 12~ Blk 4.!~ Highland fund, to-wit: WHEREAS, an emergency exists as shown -in the pre~Lmble to this ordinance, the enactment of this ordi-- hence 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 Comn¢:il meetings be dispensed with; and this ordinance shall be effective from the date of its passage, AND iT IS SO ORDE, RED Passed by the Council on this. ATTEST: CITY SECP. ETAI~4f ' 7th Approved by: Division Director ORIGINAL Department Accounting Department 3i6 ' 'WHEREAS, the Gity Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revetlu~-sharing Account 427 '~ funds for an approved project, and this ordinan'ce deals with the daily operation of City departments in the public interest which creates an emergency: N0W~ THEREFORE, BE IY~0RDAINED BY THE CiTY COUNCIL OF THE CiTY OF PLAINViEW: There is hereby appropriated out of the following described Revenue Sharing Account ~27 The sum $ 225~'00 " fund, to-wit: For the following purpose: .Payable to No Fo Moore Remove debris and c!e~r lot at 1503 West 14th Pmoject No. !33~ West 1/2 Lot i, B!k 45, Highland 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 dispe~sed with; and this ordinance shall be-effective from the date of its passage. -AND IT IS SO ORDERED Passed by the Council on this'~ day of / ATT-EST: . -~-~-~ CiTY SECRETARY , XR~ Z9-74 Verified Approved by: Division Director Department Accounting Department 317 AN APPROPRIATION ORDINANCE NO. 74,-.4.456 ORDINANCE 'WHEREAS, the City Council of the City of P!~dnview fir.~ds it is necessa~f to appropriate certain specific funds out of Revenue Sharing Account 427 ~nds for an approv~[ project, and this ordinance deals with the daily operation o[ City departments in the public hnterest'which creates an emergency: MOW, THEREFORE, BE [T ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described. Revenue Sharing Account 427 The sum $ 250°00 For the following purpose: fund, to-wit: Payable to W o Fo Moore Remove debris and clear lot at 901 Independence Project #106~ Lots 13 & 14, B!k 1~ Riverside 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 ale requiring proposed ordinances to be presented at two (2) separate Counck[ meetings be dispensed with; and this ordinance shall be effective from the date of its passage. AND IT ~S $0 ORDERED Passed by the Council on this __ ATTEST: c~z¥ SSC~TAR¥ Y_~h day of / ., 196 1974 . / \ Var!if[ed bY: CITY MANAGER Approved by: Division Director Department Accounting Department ORIGINAL ORDINANCE NO. ' '74-'145'7 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A 54.0 ACRE TRACT OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, a public hearing before the City Council of the City of Plainview, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the foilowing described territory: BEING the North and East portion of the North One-Half (N/2) of the Northwest Quarter of Section No. 38, Block JK-2, lo- cated in Hale County, Texas, ~and containing 54 acres of land, described as follows: BEGINNING at 5/8 inch rod set in ground in middle of lane, in line with fence to East,'for the Northwest corner-of Section No. 38, Block JK-2; THENCE East with fence, 950.4 varas to 1 inch pipe at corner of fences in middle of the North line of said Section No. 38; THENCE South 475.2 varas to 5/8 inch rod at intersection of fences North-South-East-West, and being in middle of the East line of Northwest Quarter of said Section No. 38; THENCE West 332.6 varas to point under fence in South line of North Half of Northwest Quarter of said Section NO. 38, and being the Southeast corner of 26-acre tract out of the South- west part of same; THENCE North 237.6 v.aras to Northeast corner of said 26-acre tract; THENCE West 617.8 varas to point in West line of said Section No. 38 and the Northwest corner of said 26-acre tract; THENCE North 237.6 varas to PLACE OF BEGINNING; was held at 7:40 p.m. o'clock p__ m. on the 17th day of December , 197 3 , which date is not more than twenty (20) nor less than ten (10) days prior to the institution of annexation proceedings;.and 3t9 WHEREAS, notice of such public hearing, together with the proposed ordinance in the form in which it might be fi- nally passed was published in a newspaper having general cir- culation in the City of Plainview, Texas, and in the above described territory on the' 5th day of December , 197 3 , which date is not more than twenty (20) nor less than ten t~-~) days prior to the date of such public hearing; and WHEREAS, the total corporate area of the City of Plainview, Texas, on the first day of January, 19'7 4 , was' __~_~2~0. q acres; and is WHEREAS, the population of the City of Plainview, Texas, 22~060 inhabitants; and WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Plainview, TeXas; and WHEREAS, the above described territory lies adjacent to and adjoins the City of Plainview, Texas; and 'WHEREAS, the above described territory contains 54.0 acres; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1. The following, described land and territory lying adjacent to and adjoining the City of Plainview, Texas, is hereby added and annexed to the City of Plainview, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Plainview,.Texas, and the present boundary limits of such City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Plainview, Texas, to-wit: 320 BEING the North and East portion of the North One-Half (N/2) of the Northwest Quarter of Section No. 38, Block J~-2, lo- cated in Hale County, Texas, and containing 54 acres of land, described as follows: BEGINNING at 5/8 inch rod set in ground in middle of lane, in line with-fence to East, for the Northwest corner of Section No. 38, Block JK-2; THENCE East with fence, 950.4 varas to 1 inch pipe at corner of fences in middle of the North line of said Section No. 38; THENCE South 475.2 varas to 5/8 inch rod at intersection of fences North-South-East-West, and being in middle of' the East line of Northwest Quarter of said Section No. 38; THENCE West 332.6 varas to point under fence in South line of North Half of Northwest Quarter of said Section No. 38, and being the Southeast corner of 26-acre tract out of the South- west part of same; THENCE NOrth 237.6 varas to Northeast corner of said'26-acre tract; THENCE West 617.8 varas to point in West line of said Section No. 38 and the Northwest corner of said 26-acre tract;. THENCE North 237°6 varas to PLACE OF BEGINNING; Section 2. The above described territory and the area so annexed shall be a part of the City of Plainview,'Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Plainview, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Plainview, Texas. Section 3. This Ordinance shall be published one (i) time in..~a newspaper of general circulation in the City-of Plainview, Texas. PASSED AND APPROVED this, the .... 7th 197 3 o day of January ,.. , Mayor ATTEST: 321. OPd~INANCE }.I0. 74- ].458 AlU ORDiNAxX!CE CALLING AN~D SETTING THE REGULAR Mb~NICiPAL ELECTION FOR THE CITY OF PLAINVIEW TO BE HELD ON THE FIRST TUESDAY tN APRIL OF t974, THE SB2~fE BEING THE SECOND DAY OF SAID MOL~TH, FOR THE ELECTION OF A }LAYOR A~XrD THREE (3) ALDE~!EN; DESIGNATING THE PLACE WHERE SAiD ELECTION IS TO BE HELD; A~iD APPOINTING PP~SiDING OFFICIALS THEREOF, BE IT ORDAIXNED BY THE CITY COL~ICiL OF THE CITY OF PLAINViEW: SECTION 1: In accordance with the st'atutes provided and the Chapter of the City of Plainview, an election shall be held in and for the City of Plainview, on the first Tuesday in April, 1974, the same being on the Second day of said month, for the election of the officers as hereinafter named for the City of Plainview. SECTION 2: That~said election shall be held in each of the election precincts within said City. Said election precincts and polling places for each of said precincts shall be, respectively as follows, to-wit: Precinct t, shall consist of all that part of the City of Plainview lying north of the center line of Ninth Street and its projections East and West. Precinct 2, shall consist of all of that part of the City of Plainview lying south of the center line of Ninth Street and its projections East and West. Polling place for said Precinct 1 shall be in the Municipal Court Room ih the Municipal Court Building of the City of Plainview, which is located at 902 North Austin Street in Plainview, Texas. Polling place-for.said Precind~ 21sh~l!i.b~k't-tha. M~nia~p~!· Building also known as the chi~er 0~ C~m~ree B~il~n~'~'~hich ms located at 710 West Fifth Street in the City of Plainview, Texas. SECTION 3: Said election shall be conducted by the following who are hereby appointed to hold said election: 322 Lloyd Woods Mrs~ Graf ton Mctnnish 3. Mrs.~ J. O. Bier Llqyd Woods shall act as Presiding Judge of the election. PRECINCT 1 Mrs. Grafton McInnish, Mrs. L. W. Kiker, and Mrs. T. J. Gardner~ are hereby appointed as the election officials of Precinct 1. Mrs. Grafton Mclnnish shall act as Presiding Judge of Precin'ct 1; and Mrs. T. J~ Gardner and Mrs~ L. W. Kiker shall act as clerks of the election. Mrs. L. W. Kiker is hereby appointed first alternate judge' to act. as Presiding Judge of Precinct t' in the event that Mrs. GraftonMclnnish is for any reason unable to serve as such Presiding Judge; and Mrs. T. J. Gardner is hereby appointed second alternate judge to serve as Pre- siding Judge of Precinct 1 in the event that both Mrs. Grafton Mcinnish and Mrs. L. W. Kiker are for any reason unable to serve as such Pre- siding Judge. Tha,~siding Judge of said precinct may appoint such additiona% clerks' as she may deem necessary to hold the election. PRECINCT 2 Mrs. J. O. Bier, Mrs. Bob Way!and and Mrs. Martha Barnes,are here- by appointed as the election officials of Precinct 2. MrsoJ. O. Bier shall act as Presiding Judge of Precinct 2; and Mrs. Bob Wayland and Mrs.MBrtha Barnes shall act as clerks, for the election. Mrs. Bob Waylan~ iS hereby~appointed first, alter~a'te judge to act as Presiding Judge of Precinct 2 in the event that Mrs. J. O. Bier is for any reason unable to serve as such Presiding Judge; and Mrs. Martha Barnes is hereby apPointed second alternate judge to act as Pre- siding Judge of Precinct 2 in the event that both Mrs. J. O. Bier and Mrs. Bob Wayland are for any reason unable to serve as such Presiding Judge. 323 f The Presiding Judge of said precinct may appoint such additional clerks as she may deem necessary to hold the election. SECTION 4: It is further provided t'hat the maximum number of clerks which may be appointed to serve in said election shail~ not be in excess of seven (7) persons for each precinct'and that the Presiding Judge(of each precinct) 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 (5) additional clerks (for the precinct of which she is Presiding Judge); as may be necessary for the proper con- duct of this election. SECTION 5; The officers of the City of Plainview to be elected are as follows: A Mayor Three (3) Aldermen Ail terms of office shall be for two (2) yea~s. SECTION_ 6: Said election shall be held under and in accordance with 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 ..'~he'rein- Said .... ~%ection,~ shall be held and the~pol~s~ shall-b~e~open from '8:00 A.M. to 7:00 P.I~I~, and all electors residing in said ~re~inc[ One Shall vote at the polling place provided for Precinct 1, in Section 2 hereof and all electors residing in said Precinct 2 shall vote at the polling place provided for Precinct 2, in Section 2 hereof. SECTION 7: Notice of said ~lection shall be given by posting and by 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 days~ previous notice of said election shall be given by posting a copy o'f this Ordinance in three (3) public places in said City of Plainview in ~each of the voting precincts above provided~ for~, one of which notices shall be posted at each polling p!~ce designated in section 2 hereof ~f0r each voting precinct. Notice by publication shall also be made by publishing notice of said election in the Ptainview Daily Herald (a newspaper of general cir- culation in Plainview, Texas), said publication to be not more than twenty-five (25) days nor less than ten (10) days prior to the election. 32,.41 SECTION 8: A eopy of this Ordinance shall also be served upon each. of the three election officials who have been designated tb hold the eiection. PASSED AxND APPROVED on this the 21st 1974. day of January, A~- D~ ~~am, Mayor [C~ty of Ptainview ATTEST: Clerk City of Plainview 325 AN APPROPRIATION ORDINANCE NO. 74~1459 ORDINANCE ~v_ ~L~ .im~g, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds our of Revenue Shaming Account 427 funds for an approved project, and this ordin~ce deals with the 'daily operation of City departments in the Dublic interest which creates an emergency: ~0~, --~ H:RSF0~=,~ ~ BE IT .ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF PLAiNVJEN: There is hereby appropriated out of the following described Revenue Shaz~ing Account 427 The sum S 250000 For the following purpose: Payable to John Th_~ashez~ Remove debz*is and cleaz~ing lot located at 1202 Fz~isco (Pz, oject 64, W ~ of Lots 9 and i0, Blk 3~ Motino) fund, to-wit: %'~HERSA$, 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 ordin~mce shali'~be effective from ~he date of its passage. AND IT IS SO ORDERED Passed by the Council on tRis .. 2--Ist ATTEST: CITY SECRETARY day of Jan..ua_:~y ,~D¢,~, 1.974 / ~ /, ' "'/~7' // CI' 'Y MANAGER Approved by': Division Director Department Acc ountinK Department ORIGINAL 3 2:6 WHEREAS, the City Council of the CiW of P!ainview finds it is necessary to appropriale certa{n s~ecif~c funds out of Revenue Sharing Account 427 fnnds for an approved project~ and.this o~dinasce deals with tie daily operation o[ City departments in ~he pub!~c interest which creates an emergency: ~ OW, T ~'~=~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PL,AINViEW: Thereis hereby appropriaied out ofthefotlowing described Revenue Sharing Account 427 Tkesum S 250°00 Foqthefollowingpurpose: Payable to John Thrasher fund, to-wit: Remove debris and clearing lot at 300 East 3rd (Project 132~ Lots 15 & 16, Blk 8, Original Town) WHEREA$~ an emergency exists as shown in the preamble co tn~s ordinanc , the'enactment of this ordi- nance is declared ~o-be'an emergency measUre.thereby creating a public necessity that the rule requiring oe dispensed wl~h, and this ord[n~ce proposed ordinanc~ [o be presented a~ two (2) separate Co~cit meetings ' ' - '~ ' sh~l be effective from the date of i~s p~ssge, Passed by the Council on this_ AND I.T IS SO ORDERED 21st ATTEST: ' day of January_ , ~XfX' '1974 / \ ,,, / Verified CiTY ~ANAGER Approved by: __ Divis ion Director Department Accounting Department OR1G~NAL 3!.2.7. AN A?PRO?R~AT~ON O!xD~NA~4C: NO. ORDINANCE W~ER~_J,S, the City Council of the City of Ptalnview finds it is necessaW to appropriaie'certain specific funds out of Revenue Sharing Account g27 fronds tot an appmv~ project, and ihfs ordinance deals with the dM!y operation o[ ' ~ ~ ~ Czty aepar~ments in the publ[c ~terest which creates an eme~ency: [~0~, THEREFORE, BE 1T ORDA]NED BY THE CiTY COUNCIL OF THE CITY OF PLAiNViE~¢~: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 504~00 For [he following purpose: fund, to-wit: Payable to Wo Fo Moore Removal of debris and clearing of a lot at 1706 No Broadway (project 45~ Lot 1~ Blk 13~ Wye Addition) W ~ HERmAS, 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 ar two (2) separate Council. meet}ngs Be dispensed wigh; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed bv the Council on this . ATTEST: ..' CITY sECRETAky 2lst day of Januar~v , ~ 1974 --7 Verified by: !--, , ~ ~ :. · Cf2 ~NA Approved by: ORIGINAl. Division Director Department Accounting Department 328. ~H~R~A$, the City Council of the City of PI'Mnview finds ii is necessaw to appropriate certain specific funds out of Revenue' Sharing Accomnt g27 funds for an approved project, and this ordinance deals with.the daily operation of City departments in the public interest which creates an emergency: . PLAINV.ENF: BE'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ' ~ *' There is hereby appropriated out of the following described Revenue Sharing Account 427 fund, to-wit: ~Thesum $ 250°00 For the following purpose: Payable to Wo Fo Moome Remove debris andclearing lot at 1100 Rock-Island (Project 77, Lot 15 $ 16~ Bik 7~ Frisco Addition) WHEREAS, ~ an emergency exists as sInown in the preamble to this Ordinance. the enactment of this .ordi- nance is declared to be an emergency measure ~thereby creating ~ public nece~si'ty that 'the rule requiring proposed ordinances to be presented at two (2) separate Cou~2i2 ~neetings be dispens4d with; ~and this ordinance shall be effective from the date'of its passage. AblD IT J$ ~0 ORDERED Passed by the Council on this. ATTEST: CITY SECRETARY day of _ 4_~J2u. a~__~ , ~igg %9_74 - / / / CITY Approved By: Division D~ector D~partment Accounting Department ORIGINAL . 32'9 W. ~EN~_A3, the Ci[y Council of the City of Piainview finds it is necessary to appropriate certain specific funds out of [tevenue Sharing Accou~nt 427 funds for an approved project, and this ordinmnce deals with the dally .operation of City departmen[s in the public interest which crea~es an emergency: NOW; TN~R~. ORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE ~tTY OF PLAINVIEW: There is hereby appropriated out of [he following described Revenue Shaming Account 427 The sum S 185~00 For [he following purpose: fund, ~o-wit: Payable to Wo Fo Moore Remove debris and clearing lot at 1102 Rock Island (Project 89~ Lot 13 8i4, Blk 7~ Frisco Addition) WHEREAS, a~ emergency exists as shown in the preamble<lo this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public qecessity that the rule requiring proposed ordinanc~ to be presented a~ two (2) separate Council meetings_ be dispensed with; and this ordine~nce shall be effective from the date of its passage. AND IT-tS SO ORDERED Passed ,by the Council on this 9] St ATTEST: CITY SECRETARY · day of ~.s~_y , ~ ] 974 Verified b5: o~,~,, .~..~ Approved by: ORiGiNAL Division Director Department Accounting Department%.~ 330 WHEREAS, the City Council of [he City of Plafnview finds it is necessary to appropriate car(sic specific funds out of Revenue Snaz-~ng Acco'~nt 427 fronds for an approved p~,oject, and this ordinance, deals with the deity operation of City departments in the public interest which creates an emergency: NOW~ ~dER~.ru, RE, BE tT ORD~JN=D BY THE CITY COUNCIL OF THE CITY OF PLAiNVIEW: Thereis hereby appropriated outofthefoliowing described Revenue Sharing Accomnt 427 The sum $ i0~5!7o47 fund, to-wit: For the foUowing purpose: Payable to Fabit Corporation Estimate NOo 7 for furnishing refuse collection containers WHEREAS, an emergency exists a~,shown in the preamble t0ihis ordinance, the enactment of this ordL hence is declared to be an emergency me~asure thereby crea~ing a public necessity that the rule requir].ng proposed ordinances to be presented at two (2) separate Councd meetzngs o~ dispensed with; and this ordinance shM1 be effective from the date of its passage. . AND 1T IS $0 ORDERED Passed by the Council on this~ 2!st day of __~anuar__v , ~Tg 9_j~_7_~___. Verified by: CITY [ANAGER Approved by: Divis ion Director Department Accounting Department ORiGiNAL AN ORDINA}~CE OF THE CITY-OF PLAINVIEW TEXAS, PROVIDING FOR MONTHLY ADJUST- ' .~IENTS, TO THE N~REST .01¢ IN THE ~ES C~RGED FOR T~ S~E OF ~TU~ GAS SERVICE BY PIONEER NATUP~L GAS COMPANY WITHIN THE CITY OF P~I'I~IEW, IN ACCOP~ANCE WITH INC~SES OR DEC~k~SES IN T~ A~R- AGE MONTHLY COST TO PIONEER OF GAS PUR- ChaSED FOR ITS ~ST TEXAS T~NSMISSION SYSTE?.~; DEFINING COST OF GAS; AND P~CING CERTAIN LL~ITS ON T~E M~It{UM ~S~.~NT TO BE ~WED ~E~UNDER W~IEREAS, Pioneer Natural Gas Company has heretofore submitted a request for authorization to adjust its rates charged for natural gas and natural gas service within the City of Plainview in accordance with increases or decreases in its average monthly cost of gas; and W]{EREAS, after considering all pertinent information submitted Iby Pioneer 'Natural Gas ComPany and by all ot/%er interested persons desiring to be heard, the Council finds the following authorization for cost of gas adjustment should be placed in effect in order to en- able Pioneer Natural Gas Company to make a fair and reasonable return on its investments in the City of PlainvieW; NOW, THEREFOP~, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVI~W, TF~AS: SECTION ONE. The rates to be charged by Pioneer Natural-Gas Co. for the sale of natural gas and-natural gas service in the City of ~Plainview shall be those rates heretofore approved by ordinance, ad- Justed in the following manner.. ....... Each month Pioneer Natural Gas Company shall notify the City of the average cost of gas per MCF at 13.6 psia for its West Texas Trans- mission System during the previous month. Said notice shalI'be filed with the City Secretary, with additional copies of such notice to be sent to such City officials as may be requested. The cost of gas shown in such notice shall be broken down into ~he four classifications hereinafter described. Unless the City notifies Pioneer Natural Gas Co, within 10 days of receipt of said notice that it does not accept such notice of cost as being correct (and the City reserveS complete discretion to accept or reject such noticeof cost for any reason), the rates per Mc£ to be charged by Pioneer Natural Gas Company for all bills rendered on or after the first day of the month following the expiration of the said 10-day period shall be_adjusted up or down to the nearest .01¢ bywhich the average monthly Cost of gas to Pioneer Natural Gas Company for its West Texas Tmans- mission System is mo~e than or less than 15.97¢ per Mcr at ~13~6 psia (17.2¢ per Mcf at 14.65 psia), sUbject to the provisions of the succeeding sections hereof. SECTION TWO. For the purpose of determining the cost of gas and the cost of gas adjustments applicable above,~the term "average c~st Of gas" is the total of the 'follOwing amounts divided by the volume of gas: Amounts paid for the volumes purchased at wellheads, at ' field lines, at gasoline plant outlets andat transmission lines under the provisions of the applicable contracts in- volved including recoupment or amortization of prepayments. It also includes volumes in excess of receipts under gas ex- change agreements and storage gas withdrawals in excess of injections during the period at the applicable costs. Interest charged at the.prime rate in effect on the first day of each~month or the actual rate, whichever is less, upon funds advanced for gas development or dedicated volumes based upon the outstanding portion-of such advancements. Amounts paid for delivery of gas into Pioneer's West Texas System in situations where the supplier cannot make delivery into Pioneer's lines thus reflecting the .cost of gas at the initial point of delivery into Pioneer's West Texas System~ 4, Amortization over a 5 year p&riod of funds advanced for gas i.'f<~ supply development which is nonproductive. The portion Of any adjustmentI increase authorized in Section One hereof, which is attributable to items number 2 .and number 4 described in this section, shall never exceed a combined total of 1 - ~¢ per Mcf per month. SECTION THREE. By March 1 of each year Pioneer Natural Gas Company shall furnish the City with the detail of gas purchased for its 'West Texas Transmission System during the 'previous calendar year as filed with the Rail- road Commission of Texas. The City may, as it deems desirable, examine the books and records of Pioneer Natural Gas Company and make audits to determine -2- the accumacy of the cost of gas purchased by Pioneer Natural Gas Company for its West Texas Transmission System. SECTION FOUR. The "cost of gas adjustmlent" authorized by this ordi- nance shall in nowise be constPued as an abrogation or waiver (by contmact or othePwise) of the rate making powers and prerogatives g~anted by charter, statutes, or franchise pPovisions. ATTEST: PASSED AND ADOPTED this the 21st day of January, A. D. 1974. D. STONEHAM ' y f Plainview M L. REA, C~ty Clerk, City of Plainview APPROVED: JOE in~iew 334 ORDINANCE MO. AN APPROPRiATiON 74-!466 ORDINANCE !~HEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain s~ecific £undsodto? UNAPPROPRIATED SURPLUS ACCOUNT 611 funds for an approved project, and this or~tinance 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 C~TY OF PLAtNVIE~¥: There is hereby appropriated out of the following described UNAPPROPRIATED SURPLUS ACCOUNT 6~1 (620-817) fund, to-wit: sum S 544,00 · For, the foitowing purpose; PAYABLE TO UN!STRUT TEXAS¢ INC0 TRAFFIC SiGN POLES ID. t~le ~HER~AS, an emergency exists as shown ' ~- preamble to this ordinance, the enactment of this ordi- nance is declared to ,be an emergency measure thereby creating a public necessity that the pale requiring proposed ord*;nanc~ to be presented at two (2) separate Council meetings be dispensed wiE% and this ordinance shall be effective from the date of its passage. Passed by the Cmmcii on this ATTEST: CITY SECRETARY AND iT tS $O ORDERED 4TH da:, of_FEBRUARY, , _ / Approved by: IDivi$ ion Director Department Accounting Department J ORIGINAL ORDINANCE NO. AN APPROPRIATION 74~!467 ORDINANCE WHSREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approv~ project, End this ordinm]ce deals with tile daily operation of City depart~-nents in the public interest which creates an emergency: NOW~ THEREFORS~ BE iT ORDAINED BY/HE C!TY COUNCIL OF THE C~TY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum S 440, O0 For the following purpose: Payable to Bond Excavating Backhoe service fund, to-wit: WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nance is decIared to be an emergency measure thereby creating a public necessity thai'the rate requiring proposed ordinances to be presented at two (2) separate Comncil 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 hms 4th ATTEST: CITY SECRETARY Approved by: Division Director day of Fe, bruary , / / - Department Accounting Department OR{GINAL O~DINANCE NO. AN APPROPRiATiON 74~1468 ORDINANCE 'F . .?J.iEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sha~ing Account 427 funds for an approved project,-and this ordinance deals with th~ daily operadoa of City departments in the public interest which creates an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAINV1EW: There is hereby appropriated out of the following described Revenue Sharing Account 427~701 The sum S'5~078o33 For the following purpose: Payable to High Plains Pavers: Inco Construction Estimate NOo i Reinforced concrete floor Contract of December 55 1973o fund, to-wit: WHEREAS, an emergency exists as shown in the preamble ~o 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 disCensed, wig,; and this:~, ordinance shall be effective from the date of its passage. AND iT tS SO ORDERED Passed by the Council on this ATTEST: CITY SECRETARY day of. ..~.~azs_f_ , >~R(y---]-97~ ' Verified CITY Approved by: Division Director Department Accounting Department ORiGiNAL ~-,,~-~ "~ AN APPROPRIATION ORDINANC~ ~/~{ERE~S, the City Connci! of the City of l~lai~view finds il is necessary to appropriate certain specific funds out of F~o Rata Constmuction Account 434 fronds for an approved, project, and ibis ordinance deals with the daily operation of City deparhmenis in lhe public interest which crea~es an emergency: NOW~ T~RE~0~ BE iT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF PLAINVIEW: There is hereby appropriated ou~ of !he following described Pmo Rata Construction Account 434 The sum $ 5~461o64 For the e ' ~o[low~ng purpose: Payable to Holloway Contracting Company North Quincy watem and sewer project° fund, to:wit: WHERE;A£, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordi- nanoe is declared ion.be an eme~e.ncy measure thereby creating a pub!to necessity that the rule requiring proposed ordinances to be presented at two (2) separate Council meetings be dispmsed with; and this ordinance shall be effective from the date of ifs passage. AND iT [S SO ORDERED Passed by the Council on this ti=~_._h__ day of ATTEST: CITY SECrETArY Approved by: __ ORt~G~NAL Division Director Department Accounting Department 338 AN APPROPRIATION ORDINANCE NO. ?~1470 ORDINANCE WHEREAS, the City Council of the City of Ptainview finds it is necessaw to appropriate certain specific · -'- Surplus Account 61iL641 funds out of General Frond b~approprza~ed funds for an approved project, and this-ordinance deals with the daily operation of City eepartment in the public interest which creates an emergency: ~qOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Or TH CITY OF PLAINViEW: There is hereby appropriated out of the following described General Fund Unappropriated Sumptus Account fund, to-wi{: The sum $ 2~36!o72 For the following purpose: $1~771o2g 590°43 Payable to General Fund Recreation Department Account 641~521 Plans' ~nd specifications fop tennis courts ' 75% of total to be paid now to L~ James Robison g Associates 25% to be paid upon completion of contract $2~36io72 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 '[hereby creating a public necessity that the rule requiging proposed ordhnances to be presented at two (2) separate Council meetings be dispensed with; and this ordina~nce shall be effective from the date of its passage. AND tT IS SO ORDERED pas~ed by the Council on this__ ATTEST: gth__ day of_ ~_brua?Y ,XI>~_'197g Verified MANAGER Approved by: Divis ion Director Department Accounting Department ]¸2 ORIGINAL · g ORDtNANCE NO. 74-1471 . *~ AN ORDINANCE AMENDING ZON- ~ING ORDINANCE NO t~4 AND THE J ~ ~OFFICIAL MAP OF THE CiTY OF Published Every AJternoon g~cept Saturday With En~PLAINVIEW SO ~ TO MAKE THE ~FOLLOWlNG CHANGES. AND CREAT- ~ING AN .~ZOflE CASE ~0. ~=Reauest of the PJainvlew Industrial .[Fou~ation for rezoning of a tr~f of land located at 3~0 Nodh Quincy d~ ~BEGINNING ~teek: rod n the North line and~212.~ ~eet'~St of the N.W. cornet ~ SectJ~ 38/;~lock JK-2~ ~~H~le. County, Te~s; ~g~L[S~D ~ ~L~ CO~[~ ~THENcE East 1,012.2 feet to ~1 BROADWAY-- PHOHE CA~toI ~ - ~THENCE South ~O feet to a point; [THENCE West ] ~.3 feet fo o ~O~q* ~the West line ~f s~id Sect on 38; ~ HENCE-Nodb ~7,9 f~t to o point ~the South right-of-woy line of .~Highway No.,87; THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this daT Jmes B. 0'swa-ld Bus~nes~ ('j of the Plainview Daily Herald, a newspaper of general Hale County, Texas, who stated on oath that the attached ~THENCE N45 degree~. 0O'E 31t0 .feet ~along said right of Ina-to the Pace ~of Begifining, ~ .. [CITY OF PLAINVlEW, HALE COUN- ~, TEXAS from R-I to o M-I ZON- ~ING DI~TR CT. WHEREAS, t~e pro,sad change .~Zonlng Districts as hereinafter made ~ ha~ bea~ duly presented to the Ptan- J~g & Zoning Commission for ~s rec- . om~dds~Jon which was race red, by the ~City~ Council, and ~fter due considera-j ~tio~ the City Cogncil of 'Jhe City ~PJ~inPi~ fiRds th~ for tile OrderJ~j ~g~0~h of the City making the proposed: ~ch~nge as hernia.er set out will be j~e public interest which creat~ ~emergency; and. EAS~ al conditions precedent 'by l~w for a valid amendment ~ and Ma~, have ~ith, ~s ~eJl as with SeJem well as no- 1011F Ver- 5~utes-Amended, duly published m~re than fifteen d~e of the Public Cry g~unciJ of such a~d fha Public Said notice W~s lished in said newspaper on each of the following dates, February 15, per issue the. public itians, that Zoning forth in "[he body of this NOW THEREFORE, Bu~.iness Mana~ tT ORDAINED BY THE CITY .... ~ .............................. iCOUNCtL OF THE CITY OF PLAIN- ~'~ECTION 1; ~That Ordinance No. 794 and ~flle' OffiCal Zoning Ma~. be and fh~ same ~re her~b~ ~en~e~ as follo~, to-w t ~ Z~NE C~SE N0. 2~ _ ~hen~e e t~ ~f thnd approximately .~10 f~t by 1,118T fe~t in ~ Se~tTon -.gK-2, Io~t~ at 38~ No~h Quincy and ~escribed above in detail, ity 'of Plalnview~ Hale C~ Texas, rom ~ R-1 to ~ M-1 Zoning Q strict. ~rom t~ date of this Ordi~nce said, ~ot,-tmct, and parcel of lend descri~ ~shal[:~be: qnd hereby be changed 1'o the SUBSCRIBED AND SWORN TO BEF'ORE ME .~aonin. ~,s,ri~ i.dic.ted and '~. O~- L~ci~ ~OP is amend~i~ accordance here- ~itht:.: , ~H~'~EAs, ~,-emergenc~ exists ............... - --' ~Once, the 'end,merit of this Ordinance ~s dectored to ~e ~n emergeficy meo- ~ra c~m~ng m publfb necessity, that .~ ~le r~uiNng proposed' Ordinance to /~e~mn~ mt ~o (2) separate Council ~ings ~ dispensed wifh~ mhd this ... /~rdin~ce ~mll be effective from the ..... ~ .~ete of ifs ]~ota~ ~e, ]~Un:~tm~u~ly ~s~ed-by the City Coum ~U this 4th d6~ ~ ~bru~r~, 1¢74. ~ - JOHN D. STONEHA~ ~+~EST: MAYOR ~. :L: Rea [ty. S~re?ery~Treosurer , (Feb. !5, The Best Investment For Your Advertising Dollar O XNn C NO. i%7 1 ~N ORDI~iCE Aik, f~NOING ZONING ORDINANCE NO o 794 AND THE OFfiCIAL MAP O~ TH~ CITY O~ PL~S[~ZI~r SO AS TO B~'2C~ ~ FOLLOWING CttANGES, /~ND CREATING AN ~fERGENCY ZOk~~ CASE NO. 244: Request of the Plainview Industrial Foundation for rezoning of a tract of land located at 3800 North Quincy described as follows: BEGINNING at' a steel rod h~ the North line and 212.1 feet east of the N.W. corner of Section 38, Block JK-2, Hale County-, Texas; ~CE East 1,012.2 feet to a point; ~CE South 660 feet to a point; THI~NCE West 1,224.3 feet to a point in the West line of said Section 38; THENCE North 447.9 feet to a point in the South right-of-way line of U. S. Highway No. 87; THENCE N4S°00~E 300 feet along said right of line to the Place of Beginning, CITY OF P .LALIR~!EW, HALE COUNTY, TEXAS from R-1 to a M-1 ZONING DISTRICT. WHEREAS, the proposed chmnge in Zoning District:; as hereinafter made has been duly presented to tlne Ptarming & Zoning Commission for its recommendation which was re- ceived by the City Council, and after due consideration the City Council of the City of Plainv%ew finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; %~EREAS, all conditions precedent required by law for a valid mmendment to the Zoning Ordinance and Map, brave been fully co~!ied with, as well as giving notices in com- plimnce with Setction 18 of Ordinance 794 as well as notices provided by Article t011F Vernon's Armotated Civil Statutes-Amended, 19S3, and notice was duly published in the Plainview Herald more thm~ fifteen (15) days prior to the date of the Public Hearing before the City Council of such proposed amendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City Hall, Piainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it ~s by the City Council, determined that it would be in the public interest due to chm~ged conditions, that the Zoning .Ordinance smd the Zoning Map be amended in the msrmer hereinafter set forth in the bodv of this ~-dinmnce; NOW BE IT ORDAIN~ED BY THE CITY CUJN-CIL OF THE CITY OF PLAINVIBW: SECTION I. That Ordinance No. 794 and the Official ZonLng Map be and the same are hereby amended as follows, to-wit: ZONq~ CASE N0. 244 Change a tract of land ~Dpro×inmtely 6!0 feet by t,I187 feet in Section 38, JK-2, located at 3800 North Qaincy and described above in detail, City of Piainview, Hmle County, Texas, from a R-1 to a M-1 Zoning District. From the date of "=~s Ordh~ance said, Lot, tract, am.d parcel o--f--land described shall be and hereby be changed to 'the Zoning District indicated and the Official Map is amended in accordance herewith. %~d~I[AS, an emergency exists as sho~m in the preamble to this Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating a public necessity ORDINANCE NO. ~ ~ l L~ L' pege 2, that the rule requiring proposed Ordinance to be presented at ~ao (2) separate Cotmcil meetLngs be dispensed with; and this Ordinance shall be effective from the date of its passage. LMan'imously passed by- the CiO/ C6tmcil this 19 74 4th day of February ? / . ATTEST: 341 AN APPROPRIATION ORDINANCE NO. 74-1472 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 fag, ds for an approve~t project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, INEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OJ= THE CITY OF PLAINVIEW: There is hereby appropriated, out-of the following described Revenue Sharing Account 427 The sum S 7~515o00 For the following purpose: fund, to-wit: Payable to Plains Machinez~ Reconditioned Essick porta~!e vibrating steel wheel tandem moller as per bid[ of 2/4/74 (award) WHEREAS, an emergency exists as shown in the preamble to this ordigance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a pubti& necessity that the mle 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 18th ATTEST: AND IT IS SO ORDERED dayof ': Fe]g.ruary C ITX5 I{ANAGER Approved by: Division Director Department Accounting Dep~artment ORIGINAL 342 ORDINANCE NO. AN APPROPRIATION 74-1473 ORDINANCE WHEREAS, the City Council of the City of Pla]nview finds it is necessary to appropriate certain specific funds out of Unappropriated Surplus Account 611 funds [or an approved project, and this ordinance, deals with the d~Hy opera,on of City depar~ents in the public inlets: which creates an emergency: NOW, THEREFORE, BE tT ORDAINED BY THE ~ITY COUNCIL dF THE ciTY OF PLAINVtEW: There is hereby appropriated out of the following described Unappropriated Surplus Account 611 fund, to-wit:' The sum $ 285097 For the following purpose: Payable to Westinghouse Electric Supply Company Conduit and fittingf for signal work at 5th & Austin (620-811) WHEREAS, an emergency exists as shown in the preamble fo this ordinance, the enactment of this ordi- nance is declared to be an emergency measure thereby creating a public n-ecessify that the rule requiring proposed ordinances to be presen%ed 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 ATTEST: CITY SECRETARY 18th day of F~et~uamy fKI~9~ 1974 / Verified Approved by: ' Division Director Department Accofintlng Department ORIGINAL AN APPROPRiATiON ORDINANCE NO. 74~1474 ORDJJqANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 fronds 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: Thereis hereby appropriated outofthe following descdbed Revenue Sharing Account 427 The sum $ 250o00 fund, to-wit: For the following purpose: Payable to Kenneth Bond Remove de~ris and clear lot at 406 Columbia Pmoject#134 (Lot 15, Blk 74~ 0miginal Town) WHEREAS, an eme. rgency 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 role 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 ATTEST: 'day of "3 ' February ~}~ 1974 YOR Verified MANAGER , Approved by' ORIGINAL Division Director Department Acc ounting Department AN APPROPRIATION ORDINANCE NO. 74~147 5 ORDINANCE WHEREAS, the City Council of the City of Ptainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and [his ordinance deals with the daily operation of 'City departments in the public interest which creates an emergency: NOW, THEREFORE,. BE IT ORDAINED BY THE (~i-TY COUNCIL 'OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 The sum $ 315o00 fund, to-wit:- For the following purpose: Payable to Kenneth Bond Remove debris and clear lot at 704 Galveston Project #65 (Lot N~ of 10, all of'll, Blk 79, Alexandez~Westmomeland Addition). 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 pre~ented at two (2).separate Council meetings be dispensed with; and this ordinance shall be effective [rom the date of its passage. - . . AND IT IS SO ORDERED passed by the Council on this 18th day ~}~. 1974 ATTEST: Approved by: Verified fMANAGER. Division Director Department Accounting Department ORIGINAL ORD]NANCE NO. 74~1476 AN' APPROPRIATION ORDINANCE WHEREAS, the City Council of/;he City of Plednvlew finds it is neeessaW to appropriate certain specific funds out of Revenue· Sharing Account 427 funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creabes an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE (JlTY COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Revenue Sharing Account 427 ~ ' The sum $ 380.00 fund, to:wit: For the following purpose: Payable to Kenneth Bond ~Remove debmis and clear lot at 600 S. Columbia ProjeCt #152 (Lot 10: Blk 1, Reese Addition) 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. AND IT IS SO ORDERED Passed by the Council on this 18th day of ' ' F,=3arua~v 'X~ 1974 · ATTEST: Verified CITY Division Director Department Accounting Department ORIGINAL AN APPROPRIATION ORDINANCE NO. 74~!~77 0RDJNANCE WHEREAS, the Cit~, Comncil of the City of P!alnview finds it is necessary to appropriate certain specific funds out of Revenue Sha~_ng Account 427 fund~ for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency: NOW, TH ER E F0R E, ' BE' IT ORDAINED BY THE (~ITY COUNCIL OF THE CITY OF PLAINVIEW:' There is hereby appropriated out of the following described Revenue Sha~ing Account 427 fund, to-wit: The sum $ 265 o00 For the following purpose: Payable'to Kenneth Bond Remove debmis and clear lot at 409 So Austin Project #~ (Lot'lb-16~17, Blk 4, Elm~Da!e Addition) 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 t~hereby creating a public necessity that the role requiring proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and th'is ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed bythe Council on this 18th day of j February ': A:rTEST: CITY SECRETARY _ Verified MANAGER - Approved by: Division Director Department Accounting Department ORIGINAL Plein~e~ Published Every. Afternoon Except Saturday' With Enlarged Pla' ' Daily ll lCW PUBLISHED BY ALLISON COMMUNICATIONS, INC 8~1 BROADWAY -- i~HOlXl~ CApitol 4-4343 -- p.O. Box Plainview, Tex~ 7Y072 THE STATE OF TEXAS ) ) COUNTY OF HALE ) BEFORE ME, the undersigned authority, on this day James 19 Oswald Bus&ness Mana .................. : ..................................................................... (Title) of the Plainview Daily Herald, a newspaper of general circulation AN ORDINANCE AMEND NG ZON. 'ORDInaNCE :NO. 7~147a JNG ~ORDINAN~ N;~, 794 A'ND THE ZONE ~SE N ~-Clff 'uffle for rezon ~ of ~m3 '.lo.Tea of 1713 West ~TY, O~ PLAINVIEW HALE COUNTY, EXAS FRO~ R-2 t~ o C-1 ZONING ?HEREAS, the ~roposed C~nge In [ening Disfri~s os hereinafter m~de ids been duly pres~ted fo tho Plan- lng ,& 'Zoning Commission for its om~e~d~fion which wos rece ved by the City Coundb ond otter due cons erdf[on the ~ fy Counc of the City of Pl~inview finds that for 'the orderly ~ growth of the C fy ~oking Ihe proposed J~:~honge ag hereln0ffer set out w I be n '~he ~ub c ~nteresf which creates ~jemergency; and, ' - ~HEREA$, oll conditions Precedent r~ ~quired by ~w for o void amendment ~.~ th~ Zoning etd nonce o~ ~op, hove '~een fully comp ed wfh, as well os~ ~giving notices tn comp tahoe wfh Sec- ~-flon ~8 of Ordinonce 7~4 GS well os ~ofices provided by Ar}icJe 10]]F Vet- I.~on~s Annot~ C vii Stofu~es-Amended~ ~1953, and notice was du y published i~ -~he PIGingiew Herold mo~ ~h~n tiffin -~(]5) ooys PriOr fo the dote o~ ~he APbblic H~ring before the ~ity ~ouncH of such proposed omendment, ond the Public Heorin( notice ',ity CounciI Room wh] app~r~ In propOsbl; Ond offer d~ te~m public tho/ and the Zoning the mann~ here- Jn the body of this nance; NOW ~HEREFORE. ED BY THE CiTY COUN- CI~ OF P~INVIEW: Hale County, Texas, who stated on oath that the attached i . .zo.~ cAsE. No. 2~, '~--nonge wesr V2 of Lots 11 end 12, Block · [ 2~. College Hill Addition, located at 1713 . . ~'West lffih Street hshed' zn sa~d newspaper on each of the following dates, to-wit'........ ,~'~ ~n P~'nVI~'-2 ,o o H~,,C.i Z0ningC°UnfY'District:Texas jFrom the ~fe of this Ordinance ~Jd ............................................ shown in ~he ~reomble ~o ghis Ordih- ~ " '~'*a ~ gAce, ~he enOcfmenf of ~h~s Ordinance ~' [~l~el i~ declared ~o be on emergency mea- sure crating o pub ic ~eSs ty that the rule r~quiring proposed Ordinance to be presented at ~o (2) s~r~te CounCil ~efJngs b~ dispensed with; and this Fee:$38.88 per &ssue Ordinonce shbll be effective from the date of its passage. ~nlmously ~Ssed by the City Council. this ]~h day of February, ]g74. ' ' John D, Stoneham MAYOR A~T~ST: M.L. REA ely Secr~¢OrwTr*nsur~r SUBSCRIBED AND SWORN TO BEFORE ME ~is ........ ~-:.-:...~ m ........... Februar~ A.D., 19.~ ......... Hoiary Public, Hale Co~y, Texas The Best Investment For Your Advertising Dollar ORDINANCE NO. 74-1478 . ~&Y ORDIK&NCE AMENI)ING ZONING ORDINP~YCE NO. 794 )ND T~ OFFICIAL MAP OF THE CITY OF PLAIN~4i~'¢ SO AS TO ~BKE THE FOLLOWING CHP~NGES, AND CREATING AN E~,'~RG~NCY ZONE GiSE NO.- 246: Request of Cliff Turtle for rezoning of the West i/2 of Lots tl and 12, Block 25, College Hill Addition, located at 1713 West 10th Street CITY OF PLA!NVI~.~', F¢KLE COUNtrY, ~XAS FROM DISTRICT. R-2 to a C-t ZONING I~!TEREAS, the proposed change in Zoning Distrzcts as hereinafter made has been duty presented to the Planning & Zoning Comission for its recommendation Which was received by the City Council, and after due consideration the City Council of the City of Plainview finds that. for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHERt!iS, all conditions precedent required by la~ for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices in compliance with Section 18 of Ordinance 794 as well as notices pro- vided by Article 1011F Vernon's ~nnotated Civil Statutes-Amended, 1953, and notice was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of such pro- posed mmendment, and the Public Hearing according to said notice was duly held in the City Council Room of the City Hall, PlaY,view, Texas, at which, time persons appeared in support of the proposal; and after said hearing, it was by the City Council, determined that it would be in the public interest due to changed conditions, that the Zoning Ordinance ~d the Zoning Map be amended in the manner hereinafter set forth in thebody of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEWr SECTION 1. That Ordinance No. 794 and the Official Zoning Map be and the same- are hereby amended as follows, to-wit: ZONE CASE NO. 24.6 ' - Change West 1/2 of' Lots 11 and 12, Block 25, College Hill Addition, located at 1713 West 10th Street City of Ptainview, Hale County, Texas, from an R-2 to a C-1 Zoning District. Fromthe:dateofthis~Ordinance.~said Lot., tract,.a~'-.p~rce'I~of land described shall be and hereby be changed to the Zon{ng Dis~rict indi6atedand the Official Map is amended in accordance herewith. ~HE~, an emergency exists as shown in the preamble to this Ordinance, the enactment of this Ordinance is declared to be gn emergency measure creating a public necessity that the rule requiring proposed Ordinance to be presented at two (2) separateCouncit meetings be dispensed 'with; and this Ordinance shall be effective from the date of its passage. Unanimously passed by the City Council this !Sth ATTEST: day of February , 19 7,4 .. ! r-Treasurer ORDINANCE NO. 74- 1479 AN ORDINANCE ORDERING AN ELECTION IN THE CITY OF PLAINVIEW, TEXAS, FOR PUPcPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY. OF PLAINVIEW, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF PLAINVIEW; ORDERING SAID ELECTION TO BE HELD AT THE SAME TIME THAT THE CITY OF PLAINVIEW HAS ITS NEXT REGULAR MUNICIPAL ELECTION, SAID DATE BEING THE FIRST TUESDAY IN APRIL OF 1974,~' SAID DATE BEING APRIL 2, 1974; PROVIDING FOR PUBLICATION OF NOTICE OF THE ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION TO BE PUBLISMED IN THE CITY OF PLAIN- VIEW ON THE SA~fE DAY IN EACH OF TWO SUCCESSIVE WEEKS, THE DATE OF THE FIRST PURLICATION TO BE NOT LESS THAN FOURTEEN DAYS PRIOR TO-THE DATE SET FOR SAID ELECTION; PROVIDING THE FORM OF SUCH Np~TICE; PROVIDING FOR BALLOTS; DESIGNATING THE PLACE' AT WHICH SAID ELECTION WILL BE HELD; AND APPOINTING PRESIDING OFFICIALS THEREOF: WHEREAS. the City Council of the City of Plain~iew, Texas. has appointed a City CharterStUdy Committee. which has functioned and which has recommended that certain amendments to the Charterof theCity of Plainview be submitted; and The City Council of the City 'of Plainview, Texas. deems it proper to submit to the qualified' voters of the City paid prdposed amendments tothe R~,_~sentexisting Charter, of the City of Plainview, as hereinafter provided. at the next regular municipal election for the City of Plainview, to be held on the 2nd day of April, 1974, at ~e place hereafter designated; NOW, THEREFORE, BE IT ORDAINED BY THECITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That atthe next regular municipal electiom to be held for the City of Plainview, which said election will be held on'the 2nd day of April, 1974, there shall be submitted to the qualified voters of the City, of Plainview, for adoption or rejection, the followingproposed amendments to the existing Charter of the City of Plainview: AMENDMENT NO. 1 That the Charter of the City of Plainview be amended by anaddition thereto of'a new and additional section, robe designated as~Section 202, which said section shall provide and be as follows., to-wit: " Section 202: (1) The electiveofficers of the City of Plainview shall consistof a Mayor and five Aldermen; the Aldermen other than the Mayor, to be designated as Alderman- No. 1, Alder- man No. 2, Alderman NO. 3, Alderman No. 4, and Alderman No. 5; each of Whom shall be elected to the office for Which he is a candidate by the qualified 'voters of the City.at large~ and the:Council shall be the judge of the election and quali-~. fication of i~s members. (2) Each candidate for Alderman shall designate in the announcement of his candidacy, and in the request to have his name placed on the official ballot, the number of the place on the City CoUncil for.which he desires tobecome a candidate, and such request to be placed on'the official ballot to be filed in writing with the person exercising the duties of City Clerk of the City of Plainview at least 30 days before such election Shall be held. (3) The Council shall, on the next regular meeting date of said Council', and in any event within'five days after each regUlarand special election,- canvass the returns and prepare the results of each election. (4) At every regular electiom and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votas cast for such officeat such election. Where in any electiom for elective office, no candidate receives a majority of all the votes cast for such office at such election~ the CitY Council shall immediately upon declaring the officiatresults of the election, issuea call for a-run-off election for every place to which no one was elected. Such run-off electionshall be held on the sixth (6th)Tuesday foIlowimg the preceding election, and in such run-off election the .two candidates who receive in the preceding election the highest number of votes for each place to which noone was elected shall be voted again and the candidates who receives the majority of the votes' cast for'such place in the r~n-off election shall'be delcared elected to such offica. The Council shall on the next regular meeting date of said Council and in any event within-five days after sa~d run-off election, canvass re- turns and declare the results of such election. (5) If adopted by the voters of .the City of Plainview, this amendment to the Charter of the City of Plainview shall nevertheless not effect the election of the ~ldermen rum- ning for the office of Aldermen be held in the year 1974. in the regular election to (6) Ail elections conducted by and for the City of Plainview, shall be conducted and all matters in regard thereto shall he in compliance wit~ the provisions of the General Election Laws of the State of Texas and the Statutes and Laws of the State of .Texas insofar as said General Elec- tion Laws, Statutes and .Laws apply~to an election held for and by the City of Plainview. In the event there is a conflict between.the provisions of the General Election Lawsof the State of Texas applicable to the City of Plainview and the provisions of this'Charter pertaining to the conduct of an election, or in the event there is a conflict between said applicable statutes or said applicable General Election Laws or Laws of the State of Texas pertaining to the conduct or holding of an election in the .... City of Plainview, and.the provisions.of this Charter pertain- ingto the conduct of an election for or by the City of Plain- .. .view, then in. such event or eveDgs the provisions of said appli- cabl-e General Election Laws, or said applicable laws or statutes of the State of Texas .shall control. (7) Ail provisions of the Charter of the City of Plain- view, or partsofsaid Charter in conflict herewith are hereby repealed." AMENDMENT NO. 2 That the Charter.of the City bf Plainview is amended by an addition thereto of a new and additional section to be designated as Section 203, which said sectiom shall provide and be as follows, to-wit: " Section 203: The three (3) aldermen who are elected as aldermen of the City of Plainview at its regular election during the year 1974 shall serve a two (2). year term of office and Until the elec- tion and qualification of their successors. The two (2) aldermen for the CitYof Plainview elected at its regular election in the year 1975 shall serve for a term of three (3) years, and until the election and qulifi- cation of their successors. ~' Thereafter, aldermen of the City of Plainview shall be elected for, and shall serve for a term of four (4) years and until the election and qualification of their successors. The Mayor shall be elected for a term of two (2) years and shall serve for a period of two (2) years and until the election and qualification of his successor. (2) Ail provisions of the Charter of the City of Plain- view, or parts.of said Charter in conflict herewith are hereby repealed." 3'54 AMENDMENT NO. 3 That the Charter of the City of Plainview be amended by.an addition thereto of a new and additional section, to be designated.~as-SectiOn 204, which Said section shall provide and be as follows, to-wit: " Section 204: (1) The City Council shall meet in regular session once during the second week in each month and one time during the fourth week in each month. The date of the regular council meet- ings shall be set and fixed by Ordinam&e oflthe City Council. The City Council shall hold such called sessions as may be necessary. The Mayor of the City of Plainview, or its Mayor pro tem or any two aldermen may call a special session of the City Council or the same may be called or provided for by motion or resolution of the City Council while in regular session, or a called session. (2) Section 9 of the Charter of the City of Plainview is hereby repealed." SECTION 2: (1) Said election to he held on said amendments shall be held at t~e same time that the City has its next regular municipal election, which is the first Tuesday in April, the same being the 2nd day of April, 1974, and shall be held at the same voting places and shall be conducted by the same judges and at the same time, except that said judges shall arrange for the voting on the amendments to be conducted separately from the regular election procedure for the election~of the City's officials Which are to he elected at that time. SECTION 3:That said election shall he held in each of the elec- tion precincts within said City. Said election precincts and polling places.for each of said precincts shall be, respectively as follows, to-wit: Precinct 1, shall consist of all that part of the City of Plainview lying north of the center line of Ninth Street and its projections East and West. Precinct 2, Shall consist of all of that pa~t of the City of Plainview lying south of the center line of Ninth Street and its projections East and West. Polling place for said Precinct 1 shall be in the Municipal Court Room in the Municipal Court Building of the City of Plainview, which is located at 902 North Austin Street in Plainview, Texas. Polling place for said Precinct 2 shall be at the Municipal Building also known as'the Chamber of Commerce Building, which is located at~ 710 West Fifth Street in the City of Plainview, Texas. (2) Said election shall be conducted by the following who are hereby appointed to hold said election. Lloyd Woods Mrs~ Grafton McImnish Mrs. J. O. Bier Lloyd Woods shall act as Presiding Judge of the election'. .PRECINCT 1 Mrs. Grafton McInnish, Mrs. L. W. Kiker, and Mrs. T~-J. Gardner, are hereby appointed as the election officials of Precinct 1. Mrs. Grafton McInnish shall act as Presiding Judge of Precinct 1; and Mrs. T. J. Gardner and Mrs. L. W. Kiker shall act as-clerks of the election. Mrs'. L. W. Ki~er is. hereby appointed first alternate judge .to act- as Presiding Judgeof Precinct 1 in the event, that Mrs. Grafton McInnish~ is for. any reason unable to .serve as such Presiding Judge; and Mrs. T. J. Gazdner is hereby appointed second alternate judge to serve as Presiding Judge of Precinct 1 in the event that both Mrs. Grafton McInnish and Mrs. .L.W. Kiker are for any reason unable to serve as such Presiding Judge. The Presiding Judge of said precinct may appoint such additional clerks as she' may deem necessary to hold the election. PRECINCT 2 Mrs. J. O. Bier, Mrs. Bob Wayland and Mrs. Martha Barnes, are hereby appointed as the election officials of Precinct Mrs. J. O. Bier shall act as Presiding Judge of PreCinct 2, and Mrs. Bob Wayland and Mrs~ Martha Barnes shall act as clerks for the election. ]! Mrs. Bob Wayland is hereby appointed first alternate judge to act as Presiding J~dge of Precinct 2 in the event that Mr. J. O. Bier is for any reason unable to serve as such Presiding Judge; and Mrs. Martha Barnes is.hereby appointed second alternate judge to act as Presiding Judge of Precinct 2 in the e~ent that both Mrs. J. O. Bier and Mrs. Bob Wayland are for any reason unable to serve as such Presiding Judge. The Presiding Judgeof said precinct may appoint such additional clerks as she may deemnecessarY to hold the election. (3) It is'further provided that the maximum number of clerks which may be apPointed to serve in 'said election shall not be in ex- cess of seven (7) persons for each precinct and that the Presiding Judge of 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 (5) additional' clerks (for the precinct of which she is Presiding Judge); as may be necessary for the proper conduct of this election. SECTION 4: That said election shalI be held under the provisions of the Statutes Of the State of Texas and the Charter of the City of Plainview,.and,atl personsqualified~o ~tein:said City under'the ElectionLaws of the State of TeXas shall be allowed to vote therein. Said election shali 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. Mrs. Bob Wayland is hereby appointed first alternate judge to act as Presiding ~hdge of Precinct 2 in the event that Mr. J. O. Bier is for.any reason unable to serve as 'such Presiding Judge; and Mrs. Martha Barnes is hereby appointed second alternate judge to act as Presiding Judge of Precinct 2 in the event that both Mrs. J. O. Bier and Mrs. Bob Wayland are for any reason unable' to serve as such Presiding Judge. The Presiding Judge of said precinct may appoint such additional clerks as she may deem necessary to hold the election. (3) It is further proVided that the maximum number of clerks~ which may be appointed to serve in said election shall.not be in ex- cess of seven (7) persons for each precinct and that the Presiding Judge of said election shall appoint clerks to take the place of those above named who may not be ableto serve, and may appoint as many as five {5) additional clerks (for the precinct of which she is Presiding Judge); as maybe necessary for the proper conduct of this election. SECTION 4: That said election shall be held under the provisions o~ the Statutes of the State of Texas and the Charter of the City of Plainview, mhd all persons qualified tovote 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 5: That said Amendment No. 1, Amendment No. 2 and Amend- ment No. 3 be on ~ne (1) ballot, the fo~ of which shall be substantially as follows:- NO. NO. Official Ballot Charter Amendment Election City of Plainview, Texas April 2, 1974 Charter Amendment Election April 2, 1974 NOTE: Voter's signature to be affixed on-reverse side INSTRUCTION TO VOTER: To indicate your desire to vote for the adoption of a propoSed amendment allow the word "YES" to remain on the ballot by marking over the word "NO" with respect to. each proposed amendment which you desire to be adopted. To indicate yoUr desire to vote against the adoption of a proposed amendment allow the word "NO" to remain on the ballot by marking over the word "YES" with respect to each proposed amendment which you desire to be rejected. Your vote on each proposed amendment must be so indicated in this mamner. SECTION 6: That pursuant to Article 1170, Revised Civil Statutes of the State of Texas, 1925, as amended, Acts of 1961, 57th Legislature, Page 1108, Chapter 500, Section 1 and as directed therein, notice of the election her~in ordered shall be given by publication Of thiJ ordinance in some newspaper of general circulation published in the' City of Plgin- view, and the City Clerk is hereby directedand authorized to cause to be published in such newspaper notice ashereinafter provided on the Same day in each of two successive weeks~ the date'of the first pub- lication 'to be not less than fourteen (14) days prior to April 2~ 1974, ~hie~iS the date of~the next'regular municipal election fo~ the City of Plainview, and at which election it is herein provided that ~here shall be an election upon the amendments to the Charter of the City of Plain-- view as provided in this ordinance. This ordinance shall be published and preceding said ordinance there shall be the following: NOTICE OFELECTION TO BE HELD ON-AMENDMENTS TO ~THE CHARTER OF THE CITY OF PLAINVIEW Notice is hereby given of an election to be held to determine whether or not the Charter of the City of Plainview shall be amended, which said election will be held at the next regular municipal election for the City of Plainview, same being April 2, 1974. Do you vote to amend the present City Charter of the City of Plainview by the adoption of an amendment thereto am follows: AMENDMENT NO. 1 'That the Charter of the City of Pla.inview be amended by an additiom thereto of a new and additional section, to be designatedas Section 202, Which said section shall provide and be as follows, to-wit: " Section 202: (1) The elective officers of the City of Plainview shall consist of a Mayor and five Aldermen; the Aldermen other than the Mayor, to be designated as Alderman No. 1,' Alder- man No. 2, Alderman No. 3, Alde~nan- No. 4, and Aldermam No. 5; each of whom shall be elected to the office for which he is a candidate by the qualified voters of the City at large, and the Council shall be the judge of the election and quali- -.~ fiCation of its members.. (2) Each candidate for Alderman shall designate in the announcement of his candidacy, and in the request to have his name placed· on the official ballot, the number of the place on the City Council for whiclk he desires to become a candidate, and such request to be ]placed on the official ballot to be filed in writing with the person exercising the duties of City Clerk of the City of Ptai~view at least 30 days before such election'shall be held. (3) The Council shall, on the next regular meeting date of said Council, and in any event within five days after each regular and special election, canvass the returnsand prepare the results of each election. (4) At every regular election and every special election cal~ed to fill one or more vacant elective offices, election to each office shall be by a majority of-the votes cast for such office at such election~ Where in any election for elective office, n° candidate receives a majority of all the votes cast for such office at such election, the City Council shallimmediately upon declaring the official results of the election, issue a call for a run-off election for every pla~e to which no one was elected. Such run-off election shall be held on the sixth (6th) Tuesday~following the preGeding election, and in such run-off electiom the two candidates Wh~receiVe in the preceding election the highest numberof votes for each place to which no one was elected shall be voted on again and the candidates who receives the majority of the votes cast for such Place in the run-off election shall be delcared elected to such office. The Council shall on the next-regular meeting date of said Council and in any event within five days after said run-off election, canvass re- turns and declare the results of such election. (5) If adopted by the voters of the City of Plainview, this amendment to the Charter of the City of Plainview shall nevertheless ~not effect the election of the Aldermen run- 'ning for the office of Aldermen in'the regular election to be held in the year 1974 . (6) All elections conducted by and for the City of Plainview, shall be conducted and all matters in regard thereto shal~be in compliance with the provisions of the General Election Lawsof the State of Texas and the Statutes and Laws of the State of Texas insofar as said General Elec- tion Laws, Statutes and Laws apply to an election held for and by the City of Plainview. ~. In the event there is a conflict between the provisions of the General Electiom Laws of the State of Texas applicable to the City of PlainvieW and the provisions of this Charter pertaining to the conduct of an election, or in the event the~e is a conflict between said applicable statutes or said applicable General Election Laws or Laws of the state o~ Texas pertaining to the conduct or holding of an election in the -~. ~ City of Plainview, and the provisions of this Charter pertain- ing to the. conduct of an election for or by the City of Plain- view, then'in such event or events the 'provisions of said appli- cable General Election Laws, or said applicable laws or statutes of the State of Texas shall control. (7) All provisions of the Charter of' the City of Plain- view, or parts of said~Charter'in conflict herewith are hereby repealed." YES: (For Amendment No. 1) NO: (Against Amendment No. 1) Do you vote to amend the present City Charter of the City of Plainview by the adoption of an amendment thereto as follows: AMENDMENT NO. 2 That the Charter of the City of Plainview is amendedby an addition thereto of a new and additional section to be designated as Section 203, which said section shall~provide and be as follows,' to-wit:' " Section 203: The three (3) aldermen who are elecled as aldermen of the City of Plainview at itsregular election during the year 1974' shall serve a two (2) year term of office.and unti.1 the elec- tion and qualification of their successors. - The two (2) aldermen for the City of Plainview. elected at its regular election in the year 1975 shall serve for a term of three (3) years, and until the election and qulifi- cation of their successors. Thereafter, aldermen of the City of Plainview shall be elected for,. and shall serve for a term of four (4) years and until the election and qualification of their successors. The Mayor shall b.e elected for a term of two (2) years and shall serve for a period of two (2) years and until the election and qualification of his successor. (2) Ail provisions of the Charter of the City of Plain- view, or parts of said Charter in conflict herewith are hereby repealed." YES: NO: (For AmendmentNo. 2) (Against Amendment'No.2) .36'.5 Do you vote to amend, the present City Charter of the City of Plainview by 7~ the adoption of an amendment thereto as follows: AMENDMENT NO. 3 That-the C:harter of the City of Plainview be amended by an addition thereto ~f a new and additional section, to be designated as Section 204, which said section shall provide and be as follows, to-wit: " Section 204: (1) The City Council shall meet in regular session once during the seco'nd week in each month, and one time during the fourth week in each month, The date~ of-the regular council meet- ings shall be set and fixed by Ordin.ance of the City Council. The City Council shall hold such called sessions as may be necessary. The Mayor of the city of.Plainview, or its Mayor pro tem or any two aldermen may call a special session of the City Council or the same may be called or provided for by motion or resolution of the City Council while in regular session, or a called session. (2) Section 9 of the Charter of the City of Plainview is hereby repealed." ' YES: (For Amendment No. 3) NO: (Against Amendment No. 3) SECTION 7: The. City Clerk is hereby directed to post the notice as~hereinabove provided for in Section 6, at three (3) public places ~n each of the two election precincts ~n the City of Plaimview, one of which shall be at the polling places in each precinct as provided for in Section 2 hereof. Said notices shall be posted at least thir'ty (30) daYs prior to the' date of said election. SECTION 8: The City Clerk Shall serve a duly certified copy of this ordinance ordering.the election as herein prQ~ided for upon the Presiding Judgeo~ the election as herein named and the Presiding Ju~g~_~pf each precinct as herein named. Such service shall be made by regis~redmail addressed to each official within twenty (20) days from the passage of this ordinance. PASSED AND APPROVED on this the 18th day ofFebruary, A. D. I974. ATTEST: ~~~. g~ o ~~~ham, Ma~or M. L. Rea, [ty Clerk ~rg¥isions of 'thee :General Eiection~ ~'bf the State of Te~s'an~, the and Laws of t~e St6te Of ;rex-, in .the event there is fween the provisions Of Election Laws of the State PpiJcable tion in the City of prOviHio~: '0t' this~ .un,hie sne may ~eem PJ~:tian. : PRECI 2 Hrs. J.O. Bob event Wth n~ off shall ;be held the provisions of the of the State of Piainview. ' the event fween ~he Election aPpliCable to Ta~ni'ng to t or in~ the between 'appli6abie of ions of I twb (2)' aldermeh for the; : e~ect~: at NO: (Against D~ you vote to ame~ ~Opfibn, of an: follows: NED B,Y THE. ~ITY AMENDMENT NO, 3 I harf~r ~AknCndment Election City of Ploinvi~w, Texas April 2, 1974 " hb~er Amendment Election April 2, NOTE: Vbter's signature f fixed on ~everse"~'i~e ~ be " Section 2{)3: The three (3) elected ag aldermen of Plofnv ew at its r~Jular eiecfiol year 1974 sholl serve I ho d such Over the word "NO :D¥11NOd i L6L ./~ali THE 'EDNA GL~DNEY ;'HOME' 817~92b-330b; or Wrffe . ,INCOME TAX SERylCE DORIS ROBERSON LOffice i~ Bob's Plumbing) 1414 Quincy 293-4333 Able t(~ operate l..rlgot 'r~: t;.[" ~',,~NEED .RELIABLE: eRA N... salary and a'g~a op~ zy ~se ' · 'r ~ rs J . First class housing. Rt~,; ,J With C~r. Infant a~ ~ ~ . ,g · ~erence Wr te P O. B x ~. ~2~. . ,. J ~ J :, fur~ls~ r ' ~72 ', '~J EFYP '.H' OPERATOR ar automm,c tronsm,ss,an, 350 e Pl~l~l~W~ Texas, , - .... Impala - . ' - · n W~,.-- earnln s, ~cellent 'f~ure. con. ct: For'General ~tt~ce J*~.:' al,I of the,personnel of Central Plalns Hospital, The 14illcrest Hd~e :apd' The Heritage ,Home and ail' others wtm have cared fdr our ~'loved mof~r ~du~i~g the past ~o yea~s. She knew and ~6v~ each an~: eve.fy'one of you.'Oud;he~' ~'~e~ dH, f t~nks,, graf rude,-: and sym~thy. . ta %he ,Family ,~ Kathy. A. Burg?' ': REWAED ' Lo~ silver m~e po6~le. 2412 G~I- B a~k and brown German' Shepherd eT Seth ~ard. ~-7~9. HELP WANTED, ESS- ~Cook- Fo~nfa;h H~ Apply in ~rson FRY COOK ~(~ Far E~ Restaurant, ApPY I~ ~erson. Is' there ~r0~ sharing,' ~aid va, · uniforms furnishe~l at no costf' Equal' Opportunity ~ Employer ' 293:5537 sell? VCanf.Ads BringResults ' Bus-~IRL Diat Want. Ads in ~ Fur East 293-1343 Quincy. Want Ads P~y Dividends! FI ELD wa RKERS! . ®IFFORD;HILL' .' ~/~ANT Driver ~ith diesel, Must be m'ound feed .imill when h~ul, home 'every and trailer, Co., 293,265t and Busir~es~ Offered" i~ Classified Dis* FOE, 'SALE PEAI~UT, CANDY & G~i~I y~ND- BUSINESS Jn ScOoters The Jutui, e never a~rives and yesterd~y is always gone SO DO IT ' Buy a HOI~ID~ while the lower. ' sne's Honda Sales can't than: you can ride small Honda motorcycl*e-, 1969 Honda ' urv's Three to choose from; all loaded' with 1973 Mercu .y '-:' , u_ _ .2,.~^ mil~s' Just like new equipment and with 6,000-to xz,uuv *,* , and you can save Hun~edS of Doilars. 1971 Pontiac Grand Vilte H. T. Sedan, Cruise Control Tilt Steerlng Wheel One Lo~al Owner and A Real N{ce ~r. ........ ~ · Radial Tires, A Real ~0d Buy .. ~ ...... ; ' ' S~ool Car ~nd Go~g For O~y ..... .~ ........ And Out! 3ust Ne:~d's A H~e .......... ] ........ UHCOLN your ohone number. ~"-~ERVICE STATION r tease on O ton Road. Contact A-Tex il Co,~ 4720 SW 45th, Amarillo. P. O. .Box 9033. LOAN MoneyTo Loan On Anything Of Value HUBBARD WARRICK P~WN 'SHOP NOBEL Published Every Afternoon ExcePt Saturday With Enlarged Sunday Morning Edition Pla in view Da ily Hera M PUBLISHED BY AI,LISON COMMUNICATIONS. INC. 801 BROADWAY -- PHONE CApitol 4-4343 ~ P.O. Box 1240 Plainvi~v, Texas 7 J~07 2 THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, on this day personally appeared dan~ B Oswald Bus£ness Manager (Title) of the Plainview Daily Herald, a newspaper of general circulation published in Hale County, Texas, who stated on oath that tlhe attached instrument was pub- lished in said newspaper on each of the following dates, to-wit: ............................ ..... ~.q~.c..h....~...S.,.....2..2., ........................................................................ A. D. 19.7..4. .... ~ .~.......:..~.. ..... ~ ........ p.-. ~.~. v.. ~.-. v....~..~.~ .......................... (Title) Fee:S26?.84 per_issue SUBSCRIBED AND SWORN TO BEFORE ME this ....2..2..n.~ ..... day of .~.a..r..cb ..... A.D., 19...7.~ ....... ~ Notary Public, Hale County~/~exas The Best Investment For Your Advertising Dollar ORDINANCE NO. 74-1480 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out df Revenue Sharing AccOunt 42'7 fUnds for an approved 'project, and this ordinance deals with th~ 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 Revenue Sharing Account 427- The sum $ 19,724000 '- . For the following purpose: Payable -'to g0nley-Lott One (1) 1974 aMC truck: fund, t~wK: & Nichols Machinery chassis, one (1) Etnyre maintenance distributor, and one (1) 12-ton roller (Street Equipment) WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of thi~'ordi- nance is' declared to be an emergency measure thereby creating a public necessity that the role requiring - proposed ordinances to be presented at two (2) separate CoUncil meetings be. dispen.sed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDFRED Passed by the Council on this . -/4th -..day of Mar c h ATTEST: CITY SECRETARY Verified ' Approved by: Division Director ' ' ' ' cr ,XKO: '1974 MANAGER Department · Accounting Department ORIGINAL ORDINANCE rNoo ,. ~ . . 74-1481 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the daily - operotiontof City departments in the public interest which creates an emergency: NOW, 'THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF MLAINV]EW: There is hereby appropriated out of the following described : · . Revenue Sharing Account q27~816 "' · The. ,sum $ 6,238° 35 _. For the following purpose: Payable to Motorola Ineo Fir~Radio Equipment ... fUnd, to-wit: _ WHEREAS, an emergency exists as shown in the preamble to this ordinance, the ena6tment of this'-ordi- nance is declared to be an emergency measure thereby creating a public necessity that the role requiring - proposed ordinances to be presented at two (2) separate Council meetings be dispensed with; and shall be effective from the date of its passage. ~- AND IT IS SO ORDERED Passed b: the CounCil on this ~th day of ATTEST: - CITY SECRETARY Approved by: Verified Divis iota Director MANAGER Department /~¢count lng Departznent ORIGINAL ORDINANCE NO. 74~1482 WHEREAS, funds out of General Fund Unappropriated Surplus Account 611 -funds for an approve~l project, and this ordinance deals with the daily operation'of City departments in the public interest which creates an emergency: NOW, THEREFORE, - AN APPROPRIATION ORDINANCE the City Council of the City of Plainview finds i[ is necessary to appropriate, Certain specific BE IT ORDAINED BY THE CITY COUNCIL. OF.THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described General Fund Unappropi~iated SurPlus Aecto 611-603 The sum $ 8l~1o50 _ For the following purpose: Payable to General_ Fund 603-543 fund, to-wit: For payment tO Jimmy Lo Holmes for 1972-73 audit . 91~800 budgeted for audits 25641°50 billed for' audit° 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 iule requiring proposed ordinances to be presente<t at two (2) separate Council meetings be dispensed with; ~ald this ordinance shall be effective from-the date of {ts passage. AND IT IS SO ORDFRED . . passed by the Council on this . 4th day of March ATTEST: CITY SECRETARY Al~proved by: Division Direct6r ~ IGINAL Verified MANAGER Department Accounting Department AN APPROPRIATION ORDINANCE NO. 7q~1483 · ' . ' ORDINANCE WHEREAS, the. City Council o£ the City o{ Ptainview finds if is necessary to appropriate certain specific funds out, of Wate~ g Sewer Unappropriated Surplus Account 711 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 Water g Sewer Unappropriated Su~ptus Acct. 711-703 . fund, to-wit: The sum $ 841,50 :'" *' ' For the ~llowing purpose: Payable to Water g SeWer Fund 703-543 -. ._- For paymenttoJimmy L..Holmes for 1972-73 audit~ Billed ~2641.50 ''" 'Budgeted~ 1800o00 WHEREAs, an emergency exists-as shown, in the preamble to this ordinance, the enactment of thi~' ordi-~ nance is declared'to` be'an emergency measure thereby creating a public necessity that the tale 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 AND. IT IS SO ORDERED [[th day of ' March ATTEST: ,Approved by: Division Direct(= Verified CITY Department ORIGINAL _ . Accounting Department PL4 APPROPRIATION ORDINANCE NO. 74=1484 ORDINANCE WHEREAS, the City Council of the City of Plainvi'ew finds it.is necessary to appropriate detrain specific fundsoutof Revenue Sharing Account. 427 funds for an apProv~fl 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 - - : Revenue Sharing Account 427 fund,.to-wit: The sum $ 420°00 For the following purpose: Payable to Lubbock Labs Foundation Investiga.tion for proposed municipal service center .... WHEREAS, an emergency exists as shown in the preamble to this ordinance· the enactment of thi~' ordi- nance is declared to be an emergency measure thereby creating a public necessity that the /iHe requiring proposed ordinance~ to be presented at two (2) separate Council meetings.be dispensed with; and this ordinance shall be effective £rom the date of its passage.. AND IT iS SOORDERED lmassed by the Council on thi~ 4 th day · iXo~X 1974 . i ATTEST: CITY SECRETARY Approved by: ORIGINAL Division Director Verified ' ~AGER '. -' Department Accounting Department 3'72 4.~= ~- 4 WHEREAS, fun'a~ o~t 6f AN APPROPRIATION ORDINANCE NO: 74-1485 ORDINANCE the City Council of the City of Ptainview finds it is necessary to appropriate ~ertain specific Revenue Sharing Account 427 funds for an appr6ved project, and this ordinance deals ~ith the daily operation of City departments in the public interest which creates an emergency: N0W~ THEREFORE, There is hereby appropriated out of the following described Revenue Sharing 'Account '427 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAIN¥1EW: Payable to High Plains Pavers, Inco' Construction Estimate 2 and final reinforced concrete floor-(contract of Dec, 5, !973'.). The sum $ 564 o 26 For the following purpose: WHEREAS, an emergency exists as shown .in the preamble to this ordinance, the enactment of th~§' o~ti- 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 ATTEST: CITY SECRETARY Approved by: AND IT iS SO ORDERED 4th ' day of .March Division Director \ Verified by: CIT! [ MANAGER Department Accounting Department WHE RIE AS, ORDINANCE NO. 74-1486 AN APPROPRIATION ORDINANCE - the City Council of the City of Plainview finds ii is necessary to apprepdate certain specific funds out of Revenue Sharing Account 427 funds for an appr~)ve~l 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 Revenue Sharing Account 427 The sums 95o00 [und, tO-wit: For the following p'urpose: Payable to Texas Testing Laboratories, Inco Concrete cylinder stlrength tests on 19 cylinders (w~irehouse fl oor project) - m m m . WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactmen't of thi~- ordi- nance is declared to be an emergency measure thereby creating a public necessity that the ~ule ~equ!ring 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 /~ t h day of -. ~I~ ATTEST: March ; ~9~ ' 1974 . cIT~ SECRETARY Verified by: ApprOved by: Division Director Department Accounting Department ORIGINAL ., 3'7'4 WHEREAS, AN .APPROPRIATION ORDINANCE NO. 74-1487 ORDINANCE the City Council of the City of Ptalnview finds it is necessarY.to appropriate certain specific fundsoutof Pro Rata Construction Fund 434 funds for au approved project, and this ordinance deals with the daily operation~of City departments in the public interest-which creates an emergency: NOW, THEREFORE, - BE I'T ORDAINED BY THE CITY' COUNCIL OF THE CITY OF PLAINVIEW: There is hereby appropriated out of the following described Pro Rara Construction Fund 434 The sum $ 6,8:1 8. O0 FOr .the following purpose: WHEREAS, fund, tO-wit: Payable to Holloway Contracting COo Constructi0n~.Es.timate N0o 3 North Quincy water' : and sewer extensions contract of Nov. 19, 1973~ an emergency exists as shown in the preamble to this ordinance, the enactment of th{g ordi- nance is declared to be au 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':Couacil on this . 4 t h day of M a r c h · I~¢~X ~1974 ATTEST: Approved by: Division Director Verified bYI CITY Department Accounting Department .37.6 AN APPROP RIATION ORDINANCE NO. 74~1~88 ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Water g ·Sewer Unappropriated. Surplus Aacto 711-720 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, IHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF -THE CITY OF PLAINVIEW: Thereis hereby appropriated out0fthe ~llowing desciibed Water g Sewer Unappropriated Surplus Aact~.gll-720 The sum $ 3~515'o00 Forthe ~llowingpurpose: fund, to-wit: Payable to 720-901 For payment to H. R6 Bundoek~ Inc.'~for tornado.damage repair to'Water T~eatment Plant~ Deductible $ 790 City Additional 2,815 ~ . . . - . Work -.. WHEREAS, an emergency exists as shown in the.preamble to this ordinance, the enactme~t.0f 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. AND IT IS SO ORDERED - Passed by the Council on this . 4th day of Marelh ATTEST: CITY ~,~.L Approv~l by: ORIGINAL -, J~193~ lgT~ "· . ~. Verified b~;: Division Director Depgrtment Accounting Department WHEREAS, ORDINANCE NO: 74~489 AN APPROPRIATION ORDINANCE the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds outer Revenue ShaVing Account 427 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 Revenue ShaKing Account 427 . ~:_ fund, to-wit: ' 'l~ne sum $ 8?4]_]_.50 ' '" For the following purpose: Payable to Fabit Corporation Release of penalty assessed due to failure 2o meet .. ' rate of delivery 'schedule° '.' ' '" ' ~ (All containems 'were delivered before final'deadline°) 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 5~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 4th . day Of March ATTEST: Approved by: Dfv~sion Director Verified MANAGER Department XCCO~ Departm 377 -q AN APPROPRIATION ORDINANCE NO: 74~1490 ORDINANCE 'WHEREAS, the City Council of the City of Ptainview finds it is necessary to appropriate celiain specific funds out of Revenue Sharing Account 427 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 Revenue Sharing Account 427 The sum $ 120o00 - For the following purpose: BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF PLAINVIEW: fund, to-wit: Payable to Kenneth Bond Backhoe work on 15 & 16th between Lexington g Milwaukee 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. AND IT IS SO ORDFRED Passed by the Council on this ATTEST: CITY SECRETARY Verified by: 1974 / CITYI MANAGER _ Approved by: Division Director Department Accounting Department ORI~INAL ORDINANCE NO: AN APPROP RIATJON 74-1491 ORDINANCE WHEREAS, the City Council of the City of Pla/nview finds it is necessary to appr0Piiate ce.train specific funds out of Water ~ Sewer Unappropriated Surplus Account 711. 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 PLAIN¥1EW: There is hereby appropriated out of the following described Water g Sewer Unappropriated Surplus Account 711 The sum $ 2,016.55 For the following pu. rpose: fund~ to-wit: Payable to_Water & Sewer Account 720-521 architectumat services for repair of tornado damage to Water Treatment Plant~ P!ainvie~, Tex~s- WHEREAS, a.n emergency exists as shown in the preamble to this ordinance, the enactment of this ordL nance is declared to ..be an emergency measure thereby creating a public necessity that/the rule requiring proposed o~inances to be presented at two (2) separate Council meetings be dis. pensed with; and this ordinance' shall be effective from the date of its passage. AND IT iS SO ORDERED Passed by the Council on this ATTEST: CITY SECRETARY 18th .day of March , .~ 1974 Verified .y: cI'IY ~bv/A~X~AGE ~ · Approved by: Div[s ion Director Department ORIGINAL Accounting Department ORDINANCE NO. 74~!492 AN APPROPRI~,TION ORDINANCE WHEREAS, the City Council of the City of Plalnview finds it is necessary to appropriate certain specific funds out of General Fu_nd Unappropmiated Surplus Account 611 funds for an appr~)vc~J project, and this ordinance deals with the daily . operation of City departments in the public interest which creates an emergency: N0~/, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF PLAINVIEW: There is hereby appropriated out of the following described'. General Fund Unappropriated Surplus Accoml~ 611 The sum $ 1,572o48 For the following purpose: Payable to }'ire Depard:ment Account 608~1t2 -Schooling at Lubbock for %~,o firemen fund, to-wit: WFJEREAS, an emergency exists as shown in th~ preamble to this ordinance, the enactment of this 0rdi- 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. AND IT IS SO ORDERED ' Passed by the Council on this. t8th day of . March ATTEST: CITY SECR ET~tI~y -Approved by: Verified by: -~ ix~'\ ~ CITY MANAGER Division Director Department ORIGINAL Account.lng Department '~ "" 0 RD1N ANC E 'NO. AN APPROPRIATION ORDINANCE' WHEREAS, the C-try Council Of the City of Plainview finds ii is necessary to appropria~e'ceriain sPecific'~' funds out of General ~Revenue Sharing funds for an' approved prOject, and this ordinance de~ls with the daily operation of City departments in the pubt!~ interest which creaies 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'~r Revenue Shsneing ~~ ~ fund, to-wit: The sum S 2:500~00 For the following purpL-se: Payable to Code Enforcement - ColoCo Account 427-683 Cost of .Community Impmovement Committee "Pitch In" · - - - ' '_ clean~up campaign WHEREAS, ~n 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. AND IT IS SO ORDERED passdd by the Council on this'-' ATTEST: 18th day of March ;'1~' 1974 CITY SEC RETARY ----- Verified by: Approved by: Divi'sion Director Department Account lng Department ORIGINAL : ' ORDINANCE NO. .... 74-1494. AN APPROPRIATION ORDINANCE ' '.' WHEREAS, the City Council of the City ~f Plainview fin&s it is necessary, to appropriate certain specific funds out of Revenue Shari ng_Account 427 · m funds for an approved project, and this ordinance deals with the daily operation of City departJnents 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 ' · - ' - -.. . . Revenue Sharing Accou'nt 427 . . fund, to-wit: For the following purpose: Payable to 'Carl Williams' '-/ '/'-.: -- ' - * - Setting corners~ on Block 6, Lakeside Additi°n9 Plainview, Hale County, Texas WHEREAS, an emergency exists a~. Shown in {he preamble to this ordinance, the enactment of this nance is declared to :'be an emergency measure thereby creating a public necessity that the rule requiring :es to he presented at two (2) separate Connci]. meetings ~be dispensed with; and this ordinaace shall be effective from the date of its passage. Passed by the Council ATTEST:' AND .IT IS SO ORDERED CITY SECRETARY Approved 'by: , Division Director ORIGIbIAL Verifi ed Department Accounting Department AN ORDINANCE NO. 74-~495 APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary to appropriate certain specific- funds out of Revenue Shaving Accoun~c q27 funds for an aPproved project, and this ordinance deals with the daffy 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 '" Revenue Shaving Code Enforcement Account q27-680 - fund, to-wit~ The sum $ 1~155o00 For the following purpos&: Payable to Shield Spray Company ' r .. SteriliZaTion g~ ~F~ f~om ttn2ee City blocks 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 'role 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 ORDERE, D Passed by the Council' on this 15th day · ~ 197l~ .. ATTEST: Approved by: . ORIGINAL Verified Division Director Department Accounting Department AN APPROPRIATiON ORDINANCE NO. 74 1496 ORDINANCE . WHEREAS, the City Council b~ the City of Plainview fin&s it is necessar~ to appropriate Certain specific fundsoutof Revenue Sharing Account 427 f~mds for an ap_proved 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 . '~. --. ' : , · ' . ' ". · Revenue Sharing Account 427 -, fund, to-wit: Forthe following purpose: Payable to W. F. Moore . - - _ .-_ - Remove debris and c.le. ar 1'6'i: it 3007 Olton Road -_ Project 180 ( 40'x ~188 ft~..81'k 87, College Hilt) WHEREAS, an emergency exists as shown in the preamble to this Ordinancel the enactment of this ordi- nance is declared to be an emergency measure thereby creal~ing a public necessity that the-rule requiring proposed ordinances to be presented at two (2)'separate Council meetings be dispensed with; and this ordin.ance shall be effective from .the date of its passage. AND IT IS SO ORDERED - ' Passed by tee Council. on this ATTEST: C 1TI Approved by: ORi'GINAL 1 sth day ,~ 1974 Division Directo~ . - ' - - MANAGER Departmeat ~ ORDINANCE NO. ' *'"'""fL '- ' 74-1497 APPROPRIATION ORDINANCE - AN . WHEREAS,: the City Council of the Cit~ of Pl~nview.., ___ finds itlis necessary to app. ropriate ~ertain specific o~,,on,.,~ ~h~inn'.. _ ___Accounii:%'427~' -~?:' .... funds 'for:an approved project, and this"6~dinance ideals with the daily operati°n of City departments in the public interest' whicb, er~ateS' an .emergency:.,N0~,~THEREFORE, ~- ::,;,::,, ''~ BE IT ORDAINED BY THE CiTY:COUNCIL:OF THE CITY OF 'PLAINVIE~/: There is hereby ~ppropziated ollt of the following described ,-:-. ~. : _ - Revenue Sharing Account 4,27 . _ :Tlie sum $ 350.00 " ,..~ ..... Forthe folloWing purpose: Payable to W. F. Moore , --. RemOve debris and clear lot at/613 '~;6s't~:20th -- - Project 1:70 (L0. t 7.,..Blk 8, Montroso)~ '~' - . .... wHEREAS, an emergency exists as shown in the p~amble to this ordinance, fhe enactment of this ordi- nunce is declared to be an emergency measure thereby creating a public necessity that the'role r.'equirin[ proposed ordinances to'be presented at. two '(2) separate C0tmcil meetings be dispensed with; and this ordinance ' shall be effective from the date of its passage. AND !1 IS. SO ORDERED ' Passed by_ the Counci! on this I 5 t.h. day ~(~ . 1_ 0:~a . :-::.~ crI'Y SECRF..TAR. Y - - ' ': :' ' ' Verified hv - ' - CITY _ . - . ' Department . ' , Approved by: Division Director . - ' ....: - - - -] - . . Account ........................ , ........ = ,_. .:. .... . .......... .. - ....... _. . _.'_' ................. APP ROP RI ATION ORDINANCENO.- 74-1498-~ ORDINANCE - . -q WHEREAS, the, City Council of the-City of Plainview Finds if is'neCessary to approPriate certain specific /undsoutof Revenue Sharing Account 427 funds for an approved project, and this ordinance deals with the'daffy operation of City departments in the public interest which creates an emergency:.~ NOWf THEREFOREtl - - BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PLAINVIEW: ' There is hereby appropriated o~t of the following described - Revenue Sharing Account 427 The sum $ '300,00 .... : - ~' For the following purpose: Payable to W. F. Moore Remove debris and-, clear lot- Project 148 (LOt 5, Blk-83, _ . fund, to-wit: at 1500 E.I Paso' Highland) .... . 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 Counc[[ meetings be dispensed, With; and this ordinance- shall be effective from the'date of its passage. Passed by the Council on this, AND IT IS SO ORDEFi~ED " - ] 5th . day of, Apri '! .' "' "- , l~X. 197:4 ATTEST: CITY SECRETAI~Y A~'p=oved-by:' ORIGINAL Division Director Verified CITY Department , . Accounting Department AN APPROPRIATION ORDINANCE NO. 74-1499 WHEREAS, "the City Council of the City of Plainview finds it is necessary to appropriate certain specific funds outaf Revenue Shar.ing Account 427 funds for an approveii project, and this ordinance deals with the daily operation of City. departments in the public interest Which creates an emergency: NOW, ~'H'EREFORE,. BE IT ORDAINEDBy THE CITY COUNCIL OF.THE CiTY OF, PLAINVIEW: There is hereby appropriated out of the following described- : - - · Revenue Sharing AcCount 427 . fund, to-wit: . The sumS 350.00 ~.- . : . .... For the following purpose: Payable to W...F. Moore. .... ~ .: ..- Remove,debris and clear lot a:t~150~=E1 Paso ~ ':' Prdject"149'([d't 6, Blk 83, 'Highland)' ' ' WHEREAS, an' emergency exists as shown in the preamble t'o this ordinance, the enactment of this ordl- nance is declared to be an emergency measure thereby creating a public neces'sity 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 . '. " , .... ~X~ 974~-' .-~ ..... . Passed b~ the Council,on'this ATTEST: CITY SECRETARY ~: .(~'~ Verified by: DD A..roved __: . ' Division Directo~ : . ,- MANAGER \ .Department 88?' . ~ ORDINANCE NO. ' 74-1500. AN APPROPRIATION ORIDINANCE WHEREAS, the City Council of the City of Plainview finds it is necessary, to appropr/ate certain spec/f~c funds out of Revenue Sharing Account 427 ' ' funds .for an approved project, and th/s ordinance deals With the da/ly- 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 __. Revenue Sharing Account 427' - - fund, to-wit The sums 575.00 ' - ' : F°rthef°11°wingpurp~se:payable to Kennet.h ·Bond - Remove debris and clear lot at. 2701 Dimmitt Road: · ~ Project 182 (Lot 2,'Bl.k~2, Edgemere Heights Addition} WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ord/- nance is declared to be an emergency measure thereby creating a. public necessity that the ruie 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 ] 5th -day of Apri 1 ,~l~[~( 1974 . ~ - -: ATTEST: CITY Approved by: Div/s ion Director Verifi~ by: City Department Accounting Department ' 385 %, :"~ The s3tm$ 350~ 00 ' . · . For the following purpose: AN APPROPRI~,'TION ORDINANCE , ~HEREAS, '~'he City CoUncii of the' City df P!airiView finds it is necessary to appropriate- certain specific funds odt of Revenue Sharing -~C~'0unt- 427 ........ funds for an app~roved project, and this ordinance deals with t~ daily 0p~ration~ of City departments in the public interest which creates an emergency: NOW~THEREFOREu 'BE IT ORB~.INEH BY THE CI~ coUNCiL OF TH E .CITY OF PLAINVIEW: There is hereby appropriated out of the following described '- ' ·-- · Revenue Sharing-Account 427 fund, to-wit: Payable to .Kenneth Bond ..... . .... '-~' ~ --~-' -.. . Remove .debris an..d Clear..lot.tocat-ed-at 161'7 HoustOn-: "~ '9'* _._ NSLS) . - ' Pro}iect~ 147 (L. qt" ,_ .Blk'23, WHEREAS, an emergency exists as shown in the pr;amble 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. AND IT tS SO ORDERED - - : pa-§sed by the CounCil o~ ,;XI~]~X..] 974 . -/* ATTEST: . Verified 'b~ MANAGER Division Director _ .Department : . . _ Accounting Department.' Approved by: . WHEREAS, _ '. ' ..... ORDINANCE_NO: . _ 74-1502 AN APPROPRIATION ORDINANCE '[he City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of Revenue Sharing Account 4.2'7 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 -'~' r-- ' '' ' ' ' " fund. ~o-wit: Revenue Sharing Account 427 . '. . The sum $ 125 o00 For the £ollowing purpose: Payable to Kenneth Bond Remove debris a.nd~clear lot 'at 1619 Independ-enc~ Project 157 (Lot 10, Blk 24, News Sub Div,.) Pass.ed by the Council on this 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 role 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 - . . - .:]' - 1. Sth day of · Apri 1' ' , t{~ 1074 . . ATTEST: '~" .. CITY SECRETARY' Approved by: Division Director MANAGER .Department Accounting 'Department WHEREAS, ORDINANCE NO. 74-1503 AN APPROPRIATION ORDINANCE " ' 'the City Council df the City o£'Plai~view finds it is n~.ecess.ary to appropriate certain specific funds out of Revenue 'Shari ng Acc0unt~ 4-27~ ...... ' funds for an approved project, -and this '~)rdinance d~als with the daily -oPeration of Cit~' departments in 'the public~ intere:.~_ ~which eyea}~'S":ari emergencY~ '-NOW, THEREFORE,- ~ BE ITORDAINED BYTHE CITY COUNCIL OF~THE-C1TY OF'PLAINVIEW! -"? There is hereby appropriated out of the following described Revenue Sharing Account. 427 "rhe sum $. 165..00 For the following purpose: Pay_ab l e ,to Kenne gh '. - - _' fund, to-wit: BOnd Remo.ve debris and clear"lo't at l'601:~':Lexing:ton' Project.'166 (lO't: 9:10-]..1, B'_lk 1,...Williams SUb"~Divj7) ::!!'] ':' WHEREAS, an emergency exists as shown in the praamble t6 this ordinance, the enactment of this o~di- nance is declared to be 'an emergency measure thereby creating a public necessity that the .rule requiring pzoposed 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 ! 5 t__ll day'of -, --l.n~ i l '~ ,- I~{-X 1 i 7~ ; ATTEST: CITY ."ApproVed by: ' '- Veri£ MANAGER ' . Division Direct.or ...- :.. : . . Department WHEREAS, AN APP R0P RI ATIO N ORDINANCE NO. 74-1504 ORDINANCE the City Council of the city of Ptainview finds it is necessary to appropriate certain specific £undsoutof Revenue Sharing Account 427' funds for an approved project, and this ordinance deals with the daily operation of City deparfments 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 ._. . . :- . i . . ' ., fund, to-wit: Revenue Sbaring Account 427 . ._ . The sum $ 225 o 00 - :. . -' · For the following purpose: Payable to Kenneth Bond . - ~-' Remove debris and clear lot at 1616 ~li]waukee.' Proj.ect 93 (Lot T8, Bik 1, Williams Sub Div.) WHEREAS, an emergency exists as shown in the priam.hie to this ordinance, the enactment of this ordi- nance is declared to be an emergency' measure thereby creating a public necessity that the role 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 1 5th day of ' .,Anti ] ATTEST: - ~ ,, 'l Approved by: . Verified ORIGINAL Division Director Department Acc OU partment . J ' nfing De ~q 3v.2 WHEREAS, .ORDINANCE NO. ~- - '74'1505 AN APPROPRIATION ORDINANCE'- the City. Council of'the City of Plalnview finds it is necessary to aPProPriate ~ertain s f~dsoutof Revenue sharing Account 4~27 '. - funds for an approved project~.~;a~d:this prd-inance dca.ts with the daily operation of. City departments in the public interest.which creates.an emergency: NOW, THEREFOREj~ cou c L~oF " ' BE IT ORDAINED. BY THE CITY N I. THE CI~Y OF PLAINVIEW: " sum $ 3,2 4 7 o 0 0 Forthe following purpose: Tlaere is hereby appropriated out of the following described '":-. _ Revenue Sharing AcCount 427 - 816 _. - fund,.to~wit: Payable to. Motorola-' .... ' ....... .: Purchase..of.seventeen receivems for:civil poi ice, and fir.e, departments ~.. defense 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 ~equking 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~ND I? IS SO ORDERED Passed.by the Council"on this: ' 1 5th . 'day of , '-~ -/[p.ri 1 ' ATTEST: CITY SECRE 'Approved by: . Division Director CIT~Y ~ ,Depart~ent. - -': . - Accounting.Department ORDINANCE NO. AN APPROPRIATION 7~--'1506 ORDINANCE .,.' ~, i' .'~ WHEREAS, the City Comucil of the City of Plai~iview finds iris necessary to appropriate certain specific funds out of General Fund Unappropriated Surplus Account 6tl-6~'0 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, THEREFOR'E, -BE IT ORDAINED' BY THE CITY COUNCIl OF THE cITy OF' PLAINVIEW: There is hereby appropriated out of the following described General Fund Unappropriated Surplus Account 611:-6q0fund,t°-wit: - The sum'$ 73~251o7'0 For the following purpose:Payable to General Fund Park Accoun-~--_6_~0-8.12 For payment to Panhandle Landscape ~ Construction Co. 'Amount of-work completed 'to date less t0% ~etainage on tennis court reconstruction WHEREAS, an emergency exists a~s shown in the preamble to this ordinance, the enactment of this, ordi- nance is declared to be an emergency measure thereby' creating a public nec~sity that the nile 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 ?assed by the Council on this I~K~h · day of Al~l~r ~_' ~J~~~ ' - ATTEST: Approved by: ORIGINAL CITY SECRETARY Division Directo~ '. ' ' ' ' < > ' Department Accounting Department oRDINANCE NO. 74-1507 AN APPROPRIATION- ORDINANCE WHEREAS, the City Council of the City of Plainview-finds it is necessary:tO appropriate Certain specific out of Revenue Sha~ing Accotmt ..427 funds for an approved project, and this' ~)rdinance deals with the daily operatiOn'of City dePartments in the p~blic' interest' which c~ea[es an' e~a~r~enC~.-' NoW, -THEREFORE, .... BElT ORDAINED BY THE CITY COUNCILOF THE CITY OF PLAINVIEW: There is hereby appropriated oat of the following described ~..._ .. _ ' ' Revenue Sharing Account ~-27 ' ? - fund, to-wit: ss.os . . -_- r.' ..... .~ .. ~: .. · '_~_ - For the following purpose: H'igh Pl'ains Concrete Company "Material. used ,fo~ Sealing three abandoned WHEREAS, an emergency exists as Shown in. the preamble to this ordinance, the enactment of this ordi- nance is declared to 'be ~ emergency measure thereby creating a public necessity'that the role requiring ~preposed 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 15th day of- .//: April' . ~ , 196 Division Direct~ Verified: ~' '~ ' ' ACCountinfl Dep~ment . " ORDINANCE NO. 74-1508 AN APPROPRIATION ORDINANCE .- WHEREAS, the City Council of the City' of Pla/nview finds it is necessary to appropriate certain specific fUnds out of P~o Rata Eser.ow Account 435 funds for an .approved project, and this ordinance deals with the daily operation of City. departments in the P~blic interest which creates an emergency:NOW,. THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE ciTY OF PLAINV1EW: There is hereby appropriated out of the following described .-.- ~' 1~o Rata Es.c~ow-Account 435'-003 . . .- - ..' 'fund, to=wit: The sums 1~386o50 ~ .-. ,' . ~ For the. following purpose: Payable -to G~addy Tunnell - - ~ Refund. of wate~ and sewe~ depos%t, Thunderbird Addition Unit NOo 3, Lots 1, 7, 12~' t~ 16, Block 15 - 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 role. 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~ day .,'~ 1974- ,. ATTEST: .... -~ -:. .. .. ... _' . Approved 'by: ,,, . , , - ..... ' ' Division Dh'ec~or _ ' : ORIGINAL CITY Depar~mem~ / ' - Accounting Department !"3:96 -7~-1509 %+ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of PlainView finds it is necessa~ to appropriate' Certain sPecific funds out of Unappropriated Surplus AccoUnt funds for an approved prOject~ and thisbrdir/ance deals with the' daily operation of City departments in the pnblic interest :.Which'-:crehteS an emergency: NOW)- TH E RE:FOR B.E 'IT 0 RDAINEDBY THE CITY-COUNCILOF TH E CITY OF PLAIN¥1EW: There is hereby appropriated out of the following described- fund, to-wit: Unappropriated Surplus Account 611-6~0 - . . ~The sum $ 300o0'0 '-' ' -For the following purpose- . ' Payable to 'Pawk Account. 6~0-521' Fo~ payme~nt to Bilk Ca~ell..Planne.~s ,Inq~ -- Initial payunen~ on Countr~ Club projec~ ......... - "': wHEREAS, an emergen~ exists ~ shown m me preamble to this o~inance, me ~ac~ent 0f mis or&- n~ce is declared to be ~ emerg~cy me~ure ~ere.by creat~g a public necessity ~at ~the role re~irhg proposed ordin~c~ to ~ p~s~t~ at two (2) ~parate Co.cH meetings be disposed wi~; ~d ~is ordin~ce sh~l be effe~ive from the date of its p~sage. .... . AND IT IS SO ORDERED Passed by the Council on this~ day :~f" ' A~il"" ~ 197~:' . ATTEST: CITY Approved by: Division Direct~ ORIGINAL ....... ~, ' - ' - verified by: 'MANAGER Department Account lng Departraent AN APPROPRIATION ORDINANCE NO. 74-1510 ORDINANCE WHEREAS, lhe City Council of the City of Plainview finds it is necessary to appropriate certain specific funds out of REVENUE SHARING ACCOUNT 427 funds for an approved project, and this ordinance deals wi[h 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 Ol= PLAINVIEW: There is hereby appropriated out of the following described REVENUE SHARING ACCOUNT 427-701 The sum $ 15,273.85 For the following purpose: fund, to-wit: PAYABLE TO Lo JAMES ROBISON & ASSOCIATES ' 75% TOTAL ARCHITECT FEE ON SERVICE CENTER'PROJECTo 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 ~hereby 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 $0 ORDERED Passed by the Council on this 15TH ATTEST: day of APRIL , j/<~X(~ 1974 ' . Approved by: Verified Division Dlrecto~ Department Accounting Department ORIGINAL