HomeMy WebLinkAbout70 0406 minMINUTES C%TY COb~CiLMEETiNG
April 6, 1970
The Mayor and City Council of the City of Ptai~view mat in regular session
at 7:30 P.M. in the Council Chambers of the City Hall with Mayor Mo B. Hood
presiding and the following Aldermen present: Keltz Garrison, Med!in Carpenter~
Heal Wi!liams~ Bill Eaves~ and John Soecko ~
Also present were: Marshall Pharr-City Manager, M. L. Rea-Director of
Municioai Services~ Bill Hogge-Director of Public Works, Hoyt Curry-Director of
Public Safety, Harold Giadman-Director of Planning~ and Pat Bradley-Director of
Parks and Recreation. Mr. Malcolm Tisdaie was present and acted in the absence
of Joe Sharp, the City Attorney.
Invocation was given by Alderman Eaves.
it was moved by Alderman Garrison, seconded by Alderman Eaves, to authorize
the Mayor to sign the Resolution placing certain restrictions on the City Addition
of Plainview~ Texas, setting forth declarations and limitation restrictions and
uses to %~hich said lots and/or tracts constituting such additions may be put.
Motion carried unanimously. (See attached Resolution.)
The discussion of the proposed lease between Hale County Agricultural Housing
Association and the City of Piainview on the proposed public park area was
deferred to the next regular council meeting.
tt was moved by Alderman Wiiiigms~ seconded by Alderman Speck, to adopt
Ordinance Noo 70-1081, an Ordinance establishing a two-hour parking zone on 14th
Street between Smythe and Travis.~ Motion carried unanimously.
It was moved by Alderman Eaves~ seconded by Alderman Wiiiiams~ to authorize
advertising for bids for the 1970 Aerial Mosquito Spray Program. Bids will be
opened on May 4, 1970. Motion carried unanimously.
It was moved by Alderman Williams~ seconded by Alderman Garrison~ to approve
payment of $5~626.80 to Can-Tex Construction Company for work on the Chamber of
oomme~ce~ ~ Building. Motion carried unanimously.
It was moved by Alderman Garrison~ seconded by Alderman Eaves, to (i) accept
the iow bid of Son Carpet Company in the amounts of $1,115.11 and $i~0!7.88,
notaling $2,132.99~ for carpet for the Chamber of Commerce Building~ (2) to .accept
the low bid of Lee Cook Consnruction in the amounts of $I~900.00, $1,900.00, and
$946o00~ for a total of $4~746.00, for repairs to the Chamber of Commerce Building~
and (3) to authorize John Kerr to prepare the contracts for signing. Motion
carried unanimously.
It was moved by Alderman Eaves~ seconded by Alderman Wiiiim~s, to approve
payment of $302.82 to John Kerr for architectural services for the Chamber of
Commerce Building. Motion carried unanimously°
It was moved by Alderman Williams~ seconded by A!dez~man Garrison~ to approve
payment of $651.00 for architectural services to John Kerr for services on the
fire drill tower. Motion carried unanimously.
WHEREAS, said restrictions and dedication are attached hereto
and~marked Exhibit A and made a part of this resolution, NOW THERE-
FORE,
BE IT RESOLVED that. a part of said addition be dedicated and
that restrictions be placed upon said property as prescribed in
said Exhibit A attached hereto; and that the mayor of the City of
Plainview be authorized and directed to sign and execute said in-
strument, and that'the mayor of the City of Plainview be hereby
directed to execute said instrument and.cause the same to be re-
corded in the.deed records of Hale ~nty, Texas.
PASSES AND ADOPTED 'this the ~" day ~o.f ~
ATTEST:
, 1970.
Mayor, City of Plainview x
I, M. L. Rea, City Clerk, do hereby, certify that the above and
foregoing resolution was duly passed at a regular meeting of the
City Council of the City of Plainview and that the same is-of record
in Volume /~ , Page
of the said CitM of Plainview.
~//
day of ,~//~?~ , A.D., 1970.
/
, of the minutes of the.City C.o/u~il
To which I certify, this the ~ ~
L. Rea~Ci~ty Clerk
(SEAL)
STATE OF TEXAS
COUNTY OF HALE
BEFORE ME, the undersigned authority, on this day personally
appeared M. L. Rea, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration there-
in expressed, in the capacities therein stated,.and as the act and
deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This i.~.. day of
~~ , A.D., 1970.
/
Notar~-Pu 3 lc, Hale C ~n'ty, Texas.
STATE OF TEXAS
COUNTY OF HALE
CITY OF PLAINVIEW
BE IT KNOWN, that at a regular meeting of .the City Council
held in the City Hall, City of Plainview, on the .~zo~g day of
~~ , A.D., 1970, with the following members of the
City 'Council prese_nt:
Mayor:
Alderman:
Alderman:
Alderman:
Alderman:
Alderman:
M. B. Hood
Keltz Garrison
Bill Eaves
Neal Williams
Medlin Carpenter--
John Will Speck
the following resolution was introduced and passed by unanimous
vote of the City Council of the City of Plainview:
A RESOLUTION
WHEREAS, the City of Plainview is the owner of all of that cer-
rain tract of land lying and being situated in the City of Plainview,
Hale County, Texas, and described as follows:
BEGINNING at the Northwest Corner of Lot 1, Block
2 of City Addition which point is 1500 feet West
and 25 feet North of the Northwest corner of Block
53, Original Town of Plainview;
THENCE South Along the East line of Houston Street
357.17 feet, to a point 18 feet north of the back
of curb on U. S. Highway No. 70;
THENCE N.88°13'E. 765.32 feet to the West line
of Fresno Street and 18 feet North of the back of
curb on said Highway;
THENCE North 171.16 feet;
THENCE West 250 feet;
THENCE North 165.0 feet; ~-~
THENCE West 415 feet to PLACE OF BEGINNING:
and;
WHEREAS, THE City of Plainview has adopted a plat of Said
property, which said plat is known as the City Addition of Plainview,
Texas, and is recorded in Vol. 296, Page 322, Deed Records, Hale
County, Texas; and.;
WHEREAS, the City Council desires to place certain restrictions
on the use of said property, and Go ~dedicate a part thereof as an
alley and a part thereof for street and street right of way purposes
and make all of said restriCtions a covenant running with the land;
and
STAI'~. OF TEXAS
COUNTY OF HALE
Exhibit
The CiTY OF PLAINVIEW, a municipal gorporation o~ the County
of Hale and State of Texas is the fee owner of the following des-
cribcd rea£ property:
.BEGINNING at the ~orthWcst Corner of Lot 1, Block 2
n~ C~.ty Addition which poin~ is 1500 feet We~t and
25 feet North of the Northwest corner of Block 53,
Original Town of Piainview; .~
THENCE Sourth Along the East line of Houston.Street~
357.17 feet, to a point 18 feet north'of the back
of curb on U. S. Highway No. 70;
THENCE N.88°13'E. 675.32 feet to the West line of
Fresno Street and 18 feet North of the~back of curb
on said tlighway;
THENCE North 171.16 feet;
THENCE We~t 250 feet;
THENCE North 165~.0 feet;
THENCE West 415 feet to PLACE OF BEGINNIN~
same beimg the real property now duly platted as "City Addition to
Plainview, Texas", a subdivision of the City of Plainview,. Texas,
as said plat is now. recorded in Vol. 296, Page 322, Deed Records,
Hale County, Texas; hereby make the following declarations as
limitation, restrictions and uses to which the said lots and/or
tracts constituting said addition may be put, hereby specifying
that said declarations shall constitute convenants to run with
the land, as provided-by law~ and shall be binding on all parties
and persoDs claiming under it, for the benefit of, and limitations
upon, all future owners in ~aid addition:
1. The twenty feet lying between Lot 4, Block 2 and Losts 5
to 7 inclusive, Block 2 is hereby dedicated as an alley for the
use of the public. ~
The North 15 feet cf said City Addition is hereby fedicated
for Street 'and Right-of-k~ay parposes.
3.
The
south
thirty-tWo feet of the' said City Addition as
sho~:n by the pt~t attached hereto (said thirty-two ~eet being
tha~ portion of the said Cit~' Addition lying south o~' ~he dotted
li~o along which is ~.'~~ "~-i!ding restriction ~"~ ~I
restricted to, and may be used 'by the general public for parking,
traffic, amd egress and ingress by pedestrians and vehicles-. No
structure nor object shall be constructed or placed, and no activ-
ity ~1 ~ '
o~ .... per, mitred on aay par,.t of said south thirty-~ feet-.
of the said City. Addition as shown 'by the plat attached hereto,
~ouza co any material extent obs cruc~ the view o~ the puolic
f~:om 5th Street to the said "building restriction line"; or which
~ould, to any material extent, obstruct or hender parking and traf-
fic.by pedestrians and vehicles as stated above. No business will
be carried on south of the said restriction line such as car lots,
or placing of motor vehicles or cars south of said restriction line
fo~ the purpose of be%ng ex..hzbzted' ' , stored or used for car lot pur-
poses or any other kind of business. Nc signs shall be placed
south of said restriction %ine larger than five feet high :~nd seven
feet wide.
It is the intention of this restriction to preserve all prop-
erty lying south of said restriction line and being the so'th
thirty-two feet of said addition for the parking of vehicles of
patzons of various buildings and businesses along and facing said
restriction line, and as a ~.eans of egress and ingress to the buildL
ings buzlu and erected on said Block 2 o.f said City Additior~.
4. These restrictions and covenants are hereby declared to be
covenants running with the land and shall be fully binding upon all
persons acquiring property in said subdivision whether by descent,
devise, purchase or otherwise, and any person by thc acceptance of
title to any lot of thi? subdivision or acceptance, of possession of
innerest therein by leos+, or otherw~_se, shall thereby, agree and cev-
enant to abide by and fully perform the foregoing restrictions and
covenants.
5. If any person or p-?'sons shall violate or attempt to vio-
late a6.y'of the res trictiom~s and covenants herein, it shall be law-
ful for a~y person er persons o~.~ning any lot in said ~ub2zvzsz.'ov_
or having possession or interest therein by lease or otherwise to
prosecute proceedings at laT.? or in equity against L[~= person vio-
lating or attempting to violate any such restriction and covenant,.
either to prevent him or them from so doing or to correct such
violation or to recover damages or other relief for 'such violation.
Invalidation of any one or any part of these restrictions by judg-
ment.°r court order shall in n6wise affect any of the other Pro-
vi~!ons n~ parts of proviSion~ ~hich shall remain in full force
and effect.
These provisions are not conditions, and title will not revert,
nor be reverted, in the said City of Plainview as the owner of the
land as a result of failure to comply with the c nants.
Witness the execution hereof on this the ~ ' day of
A TTES T:
STATE OF TEx~S
COUNTY OF HALE
BEFORE ME, 'tbe undersigned authority, on this day personally
appeared M. B. HOOD, Mayor of the' City of Plainview. known to. me
'to be the person and officer whose name is subscribed to the. fore-
going instrmnent and-~ckn0wiedged to me that he executed the same'for
~he purposes, and consideration therein expressed, in the capacities
therein s~ted, and as the ~et and deed of said City ~f. P!sipview
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ~z~ dayof
A.D., 1970.
~ tary Public, Ha-i~exas
MINUTES CiTY COUNCIL MEETING
April 6~ 1970
It was moved by Alderman Eaves~ seconded by Alderman Willim~s~ to adopt
Appropriation Ordinance No. UR 196-70 from the Water Utility Revenue Bond Fund
of 1966~ Acct. 425~ in the amount of $5~000~00~ payable to Talon Construction
Company for Construction Estimate No. 16 (Fina!)~ DHUD Project No. WS-5-44-0028~
Contract No. 19 Water Treatment Plant° Motion carried unanimously.
It was moved by Alderman Williams~ seconded by Alderman Garrison~ to adopt
Appropriation Ordinance Noo GO 268-70 from the General Obligation Bond Fund of
1966~ Accto 424~ in the amount of $26.50~ payable to Security Abstract & Title
Company for Supplemental _A£Dstract #19~367~ two tracts out of the W/2 of Section
28~ Block JK-2~ Hale County~ Texas. Motion carried unanimously.
The Board of City Development Report for the month of March was read and
discussed.
The Fire Department Reports for the month of March were read and discussed.
The Police Department Report for the month of March was read and discussed°
The Library Report for the month of March was read and discussed.
The Utility Report for the month of March was read and~ discussed.
The Tax Department Report for the month of March was read and discussed.
The Animal Report for the month of M~arch was read and discussed.
it was moved by Alderman Garrison~ seconded by 'Aiderman Speck~ to approve
the minutes of the last meeting~ to approve the reports for filing~ and to
adjourn the ~eetingo Motion carried unanimously. Meeting adjourned at 9:05 P.M.
Mo B. Hood~ Mayor
ATTEST:
t~£o L~ iqea~ City Clerk