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HomeMy WebLinkAbout73 0904 minMINUTBS REGULAR CITY COUNCIL MEETING September 4, 1973 The City Council of the City of Ptainview met in regular session at 7:30 p.m. in the Council Chambers of the City Hall with Mayor John Stoneham presiding and the following Aldermen present: Keltz Garrison, Neal Williams Richard Cross, and Jack OsWald. ' Also present were. Mmrshall Pharr-City Manager, Joe SharpiCity Attorney, Bill Hogge-Director of Public Works, Harold Glad'an-Director of Planning, Johnnie Ballew-Director of Public Safety, Robert Barnett-Director of Parks arid Recreation, Norman Huggins-Director of Finance, Larry Martin-Administrative Assistant, Mike Jackson-Traffic Safety Coordinator, and Linda Fisch-Adminis- trative .Secretary. Visitors included Mr. & Mrs. Earl Jackson, Oscar Butlar, Merwyn Igo, Tom Almon, Vernon Clem and John Ray-Pioneer Natural Gas, Dale Love and Chuck Martin-KVOP, and 3im Ramsay-Plainview Daily Herald. Invocation was given by Norman Huggins. Mr. Oscar Butlar presented information concerning a study he made of the school crossing at the intersections of 10th and Ennis Street and Itasca Road and Ennis Street~. His recommendation was that a patrOlman be placed at these intersections to assist the children in crossing. The information was presented to Mike Jackson, Traffic Safety Coordinator, for study by the Citizens Traffic Committee for a solution~ -- It was moved by Aldeman Williams, seconded by Alderman Garrison, to appoint Mr. Les Stevens, Mr. Alex Hinojosa, and Mr. SteVen Broussard (one year terms) and Mr. Alfred Henderson, Mr. Bill Huddleston, and Mr. F. arl Jackson (two year terms) as members on the Citizens Traffic Safety Conmlittee. Fbtion carried unanimously. A public hearing was opened for discussion of the proposed 1973-74 Budget for the' City of Plainview. The letter of transmit/al was read by City Manager Marshall Pharr. There being no discussion, ~e public' hearing was closed. MINUTES REGULAR CITY COUNCIL MEETING September 4, 1973 Page 2 It was moved by Alderman Garrison, seconded by Alderman Williams, .to adept Ordinance No._73-1402, an ordinance approving the-budget submitted by the City Manager of the City of Plainview, Texas, for the fiscal year 1973-74. 'Mmtion carried unannnous y. It was moved by Alderman Garrison, seconded by Alderman Cross, to adopt Ordinance No. 73-1403, an ordinance levying taxes for the use and support of the mnnicipal 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 and manner of paying the ad valorem tax levied,~. Motion carried unanimously. It was moved by Alderman .Williams, seconded by Alderman Cross, to approve the minutes of the regular City Council meeting held August 20, 1973. Motion carrie~d unanimously- It was moved by Alderman Cross, seconded by Alderman Williams, to approve the minutes of the special. City Council meeting held. Aunt 28,-. ..1973' Motion carried unanimously ..... . Received for filing was a copy of the civil defense mutes of the meeting held. August 15, 1973-~ Discussion was held on a request_ of Yellow Cab Taxi Company for a taxi- cab rate increase. Director of Ih~_blic Safety, JOhnnie Ballew, presented a map showing the revised zones and rates as proposed. It~ was moved by Alderman Williams, seconded by Alderman Cross, to adopt Ordinance No. 73-1409, an ordinance fixing taxicab rates for the City of Pl-ainvieWas proposed on the "Taxicab Zone Map". Motion carried unanimously. Received for filing was a report on a law suit titled Bennie Roberts, et al vs. City of Plainview and Robert Anderson.~Barnes, CasaNo.' '15348, District Court, Hale County in which the'finding of the jury was that .Robert Barnes' and the City of Plainview were not guilty of any negligence and Debra SUe Mangum, driver of the otheC-vehiCle, was guilty: of negligence. MINIrI~S REGULAR CITY COUNCIL MEETING September 4, 1973 Page 3 Discussion was held on the payment of medical and hospital bills of. prisoners and persons injured during attempted arrest. A work session will be arranged to study the problem for a policy. Discussion was-held on a request of the Plainview Municipal Country Club 'concerning fire and casualty insurance coverage. It was moved by Alderman Oswald, seconded by Alderman Garrison, 'to adopt the following policy: The City of Plainview feels that the operation of the municipal country club. and golf course facilities should be maintained and operated within the users fe6s and charges as set by the Board. The contribution on the part Of the City of Plainview to encourage .the continuation of this' facility is the providing of land as a tax free status to the users as, lessees. The City Council lee'Is that the improvements to this land are 'the personal property of the Plain{-iew Municipal Country Club and Golf Course and that they should be maintained in accordance with the original intention. ShoUld any of these facilities become destroyed or damaged, that replacement should be at the cost of the users, and that the cost of maintenance or improvements to these facilities should not be 'a general taxpaye~rs burden. Motion carried ~nanimously. Action was deferred on a policy concerning the appointment of board, ~committee, and commission members. 'It was moved by Alderman Cross, seconded by Alderman Garrison, ~to appoint John Hughs and Wendell Dunlap and to reappoint Mike Hutcherson as members of the Plainview Municipal Civil Defense and Disaster Relief Conmittee to serve a term of two years. Motion carried unanimously. Discussion was held on Ordinance No. 73-1404, an ordinance prohibiting an obstruction of any kind on any public street right-of-way between the curb and grade line of any public street and abutting pri~ate property-line or .within the intersection visibility triangle which exceeds two feet in height above the curb level. It was moved by Alderman Garrison, seconded by Alderman Oswald, to refer this ordinance to the Citizens Traffic Safety Committee for further study, Motion carried unanimously. 112 MINUi~S REGULAR CITY COUNCIL MEETING September 4, 1973 Page 4 It was moved by Alderman Oswald, seconded by Aldeman Cross, to.authorize the City Attorney to prepare, an ordinance prohibiting parking at any time from the north line of the intersection of the 400 block of Date Street to the south line of the railroad}~ track of the 600 block of Date Street; Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman William{~` t~o approve the request of Mr. John P. Bernard for an extensiOn o'f his lease at 506 Fresno for .thirty days unless the property is sold priOr to the thirty day extension. Motion carried unanimously. Action was deferred on Ordinance No.~ :73-1405, an ordinance~ ._ providing for adjustment in the rate charges for the sale of natural gas and natural gas services by Pioneer Natural Gas Company to its customers who use natUral gas within the City limits of the C~ty of Plaznwew, Texas. It was moved by Alderman Williams, seconded by Alderman Garrison, to adopt a resolution authorizing the issuance of Certificates of Obligation for the purchase of solid waste refuse containers from' Fabit Corporation of Lubbock, Texa~, in the amount of $50,000. Motion carried unanimously. i~.Action 'w~s' ~f~fred~on Ordgnance No~ 73-~40~,.,,. _ ~ an. °rdinance. auth°rizing. · . ...... for the c'i~ty of plai~view to become self insured, under the limits of liability as set forth by the Texas Industrial Accident Board and provide for workmen's compensation, payment' disability-and lOss of life benefits as-coordinated by other fringe benefits provided by the City of Plainview. The ordinance will be .:referred to the City Attorney for study and recommend~t.i°n Discussion was held on the survey of Neighborhood 1 under.the-intensive code enforcement and neighborhood improvement survey program. -. 'It was_ '~mVed by Alderman Williams, seconded by 'Alderman:' Oswald, to adopt APprOPriations. ordinance No._73-1407 fr°m,, the Revenue Sharing Trust Account 427 in the amount of $7,290.12 payable to BoB Gardner Chevrolet for the purchase of one dump tr~c.k. ~ for use in the 'Sanitatioii DePattaint- ".Motion Carried unanimous ly. MINUTES CITY COUNCIL REGULAR MEETING September 4, 1973 Page 5 Received for filing was a copy of the Plainview/Hale County Airport Maintenance Fund Report for a period January 1, 1973, through July 31, 1973. Reminder was made of ~the South Plains Association of ~overnment annual .meeting to be held September 5, 1973, and a meeting on the review oft he current 701 Comprehensive Master Plan to be held September 11, 1973. Received for filing and information was a list of weed assessments at the followinglocations: 1506 Galveston ~24th & Dimmitt Road 1210 West 18th 1208 West 18th 1701 Galveston 216 SE 6th · '701 West 19th (Lot 8, Blk 81, Highland) $15.00 (2.313 AcresJK2-3S) 22.00 (Lot 16, Blk 18, West Lynn) 5.00 (Lot 15, Blk'18, West Lynn) 5.00 .(Lot 1 & 2, Blk 21, James) 10.00 (Lot 2-7, Blk 1, Warren) 7.50 (Lot 7, Blk 1, Smith & Couch) 15.00 It was moved by Alderman Garrison, seconded by Alderman Cross, to adopt Appropriation Ordinance No. 75-1408 from the R~venue Sharing Trust Account 427 in the amount of $19,580 payable to the General Fund for reimbursement of%he summer recreation 'expenses. Motion carried unanimously. City Manager Marshall Pharrmade the announcement of the employment of Mr. Eiwood Servison as ~ire Chief of the City of Plainview effe~ti~e.~._ September 13. It was moved by Alderman Oswald, secqnded by Alderman Garrison, to adjourn the meeting. ATTEST: Motion carried' unanimousl~!~~,~~. ~j~Meeting adjourned at 9:15 p.my MINUTES PERTAINING TO PASSAGE AND ADOPTION OF A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF "CITY OF PI~INVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973" THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW ON Tttis, the 4th day of September~I~73 the City Council of the ~ity~ of P!ainview, Texas, convened, in.regular~s~ssioh~ at~theregular~ meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting, givin~ the date, place and subject thereof, having been' posted as prescribed by Article ~25221~7, Section 3A, V.A.T.C.S., with the following members present ~and in attendance, to wit: JOHN D. SiONEHAM MEDLIN CARPENTER ) RICHARD CROSS ) KELTZ GARRISON ) JACK OSWALD ) NEAL. WILLIAMS~ ) MAYOR ALDERMEN and with the following absent: _None', constituting a quorum; .and among other proceedings' had~.~ere the following: The May~or introduced the foIiowing resolution': "A RESOLUTION by the City Council of..the City of Plainview, Texas, authorizing execution and de- livery of "CITY OF PLAtNVIEW, TEXAS, CERTIFICATES OF. OBLIGATION, SERIES 1973," ~,for ~the purpo~e ~'o'f paying contractual obligation of certain~ refuse ....... collection equipment.." The resolution was read in full. Thereupon, Alderman ~~$' moved its adoption, and the motion was seconded by Alder- man ~,k~zL~C~-~-~, . The motion carrying with it the ~adoption of the resolution prevailed by the following vote: . AYES: Alderman Carpenter, Cross, Garrison, Oswald and Williams, NOES: None. The Mayor announced that the resolution~had been passed and adopted. MINUTES APPROVED, This ATTEST: 4th day of September, i973. Y ~' City l°f ~lainview, Texas City Secretary, City of Plainview, Texas (City Seal) A RESOLUTION by the City Council of the City of Plainview, Texas, authorizing execution and de- livery of "CITY OF PLAINVIEW, TEXAS, CERTIFICATES O~ OBLIGATION, SERIES 1973," for the purpose of paying contractual obligations of the City in- curred for the acquisition of certain refuse~ ~ collection equipment.. WHEREAS, by ordinance duly passed and adopted on the 6th- day of August, I973 this City Council authorized the issuance of $250,000.00 in principal amount of-obligations known as "CITY OF~ PLAINVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973," dated April 1, 1973,~and such certificates were authorized to be issued for. the purpose of paying contractual obligations of'theiCity~ ~ in- curred for the acquisition of certain refuse collection equipment, the total principal amount of certificates to be'delivered for such purpose ~was not to exceed $250,000~0; and ~-~ ~ ' WHEREAS, Certificates numbered Fifteen (15) thr°ughSixty- Four (64) of said series have been set aside for issuance to FABtT CORPORATION in payment of refuse collection eqnipment and it is~proper to provide for the payment of the ~l~unt'due the con- tractor by the delivery of $250,000.00 in principal amount Of cer- tificates and the balan0apr so much thereof as may be necessary to PaY the balance due on the contract) in cash out. of.~.unds legally available for that purpose; and WHEREAS, the contract provides that the contractor, FABIT COR- PORATION will be paid or delivered certificates in payment as the said equipment is delivered; and WHEREAS, there has been delivered to the City of Plainview the following items, of equipment. 458 - Thr~e cubic y~d side Load Refuse Collection containers Serial Numbers .1 thru 389 and 39'1 thru 459; ~N CONSIDERATION OF THE DELIVERY of said equipment and in consi- deration of its acceptance by the City of 'plainview; and WHEREAS, the contract between the City of Plainview and FABtT CORPORATION for the purchase of the items of equipment above des- cribed, provides tl~at same are to be paid for when they have been delivered and accepted by the City of Plainview; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: That the Mayor and~City Secretary of the City of Plainview, Texas, are hereby authorized and directed to deliver $ 50,000.00 in principal amount of the certificates of obli- gation known as "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF OBLI- GATION, SERIES 1973," to FABIT CORPORATION, and that the amount of $ 968.53 to be paid in cash. Immediately prior to the delivery of such certificates, the City Tree. surer shall ~register the same as obligations of the City and shall complete the registration ledger appearing, on '~ach of the certificates, in the manner prescribed by the ordinance author- izing their issuance. · S~CTION 2_: That the certificates herein' authorized to be ex- ,~.ecuted and delivered are hereby found to be valid, subsisting and binding obligations of the City of Plainview Texas, ~and it is hereby specifically and affirmatively adjudged and declared that the City of Plainview has received full value and consideration therefor and-for the full amount thereof, and that all things re- quired by law to be done in the issuanhe and delivery of said cer- tificates and cash payment have happened and been performed in due time, form and manner as required by law. This ascertainment is expressly made for the use, benefit and protection of the inital holder and any succeeding owner or holder of said certificates, the Attorney General of the State of Texas, and any other attorney who shall pass upon the legality and validity, of said certificates and the same shall be binding upon said City of Plainview, Texas, the City Council of said City, :and their successors in office, until said certificates with interest thereon have been fully paid -and discharged. SECTION 3: The appropriate officials of the' City mhall carry out the prQvisions of this resolution by causing the aforesaid cer- tificates to be executed, sealed, registered as obligations of the City, and registered in the name of the initial holder thereof, and all actions of said City officials in so doing ~shalt~be prima facie evidence that their official acts have been completed in all res- pects in the proper manner to give validity to the certificates and cause the same to create a good,sufficient and valid obligation against the City of Plainview, Texas. SECTION 4: The said certificates of obligation being in denom- inations of $5,000.00, it is found and determined that it will be necessary for the amount due FABIT CORPORATION falling w~thin an amount of less than $5,000.00 to be paid in cash. The City of Plainview having said amount available for said purpose is there- fore, ordered that such amount being in the sum of $ 968.53 be paid in cash, and the same is hereby appropriated for that purpose. SECTION 5: This resolution shall take effec~ and be in force immediately from and after its passage. 1973.PASSED AND APPROVED, This the 4th day of September, A. D. ~Ia{~nvDi. ewS,~O~eEx~asM, Mayor, City of ATTEST: M. L. REA, City Clerk, City of Plainview, Texas (City Seal) ASSIGNMENT CERTIFICATE THE STATE OF TEXAS COUNTY OF HALE THIS IS TO CERTIFY THAT FA_BIT CORPORATION, of Lubbock ' Texas, has this day sold, transferred and delivered to the CITY NAT~NAL BANK, PlainivieW,' Texas, those certain registered City ' .certifiCates of ~obligation issued to FABIT CORPORATION by the City Council of the City Of Plainview, Texas, said certificates heretofore having been issued for the purpose of paying contractual obligations of the City incurred for the acquisition of certain refuse Collection equipment, as set out in between FABIT CORPORATION and the City df the ~ontract executed by and 1972, ~the c'e~'lif%cate~ being des', Plainview, dated October 26 , cribed as follows: 50,000.00 !'CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF OBLIGA~T~ON, SERiE:S~C7t3u~,~nD~a~dr~P%i~l~7~'q~ numbered ~ through ~ · ' g ' ' ~ ~:-~x~x x~~ ~, ~J~,~,~ ~ ~ ~ ~ ~s 1977. THIS IS TO CERTIFY FURTHER that said FABIT C6RPORATION h~s recieved the above described certificates from the proper officials of said City in due course, and that said-FABIT CORPORAT%ON has received from CITY NATIONAL BANK, Plainview, Texas, full value and consideration for said~certificates' of EXECUTED at Plainvie~ September ., Texas, this the__ §th. ~ day , A. D. 1973. ..... FABIT O ~Y: 'Clyde~A~ Blakeley, Vres~en~f/~ SWORN TOgAND SUBSCRIBED BEFORE,ME, this the 'Sth :day'of September , A. D. 1973~ Notary Public~ Hale County, Texas THE STATE OF TEXAS COUNTY OF HALE CASH RECEIPT. I, Clyde A. Blakeley _, of FABIT CORPORATION, Lubbock r~ , Texas, DO HEREBY CERTIFY that I have received payment of $ 968.53 partial payment of ~ontract dated the City ~of Plminview, Texas; and in cash as October 26 _, 1972, with in accordance with resolution of the City of Plainview, Texas, relating to and making provision for payment due FABIT CORPORATION for certain refuse collection equipment, and in connection with the "City of Plainview, Texas, Certificates of Obligation, Series 1973," dated April, 1973. TO CERTIFY WHICH, witness my hand this the ~tember __, 1973. 5th day of FABZT CORP0~ATION SWORN TO AND SUBSCRIBED BEFORE M~,this the 5th day of ---~tember _, A. D. 1973. ~tary Public, Hale County, Texas--