HomeMy WebLinkAboutMinutes - City Council - Regular - 1/14/1971JAN 14 1971
January 14, 1971
REGULAR CITY -COUNCIL MEETING
The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m.,-in the regular meeting
place in the City Hall, the following members thereof being present, to -wit:
Mayor J. H. Granberry and Councilmen Deaton Rigsby,:Lonnie F. Hollingsworth, John E. Baker, and
Morris W. Turner, City Manager W. R. Blackwell, City Attorney Fred O. Senter, Jr., Assistant City
Manager Robert Wilson and City Secretary -Treasurer Lavenia,Lowe.,
Absent: None
71-30-1-1 The invocation was given by Mayor Pro Tem Deaton Rigsby.
71-30-1-2 The Pledge,of Allegiance to the Flag was given in unison by those present in the Council Chamber.
(2)
71-30-1-3 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granber
and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve
City Council Minutes - Regular Meeting held December 17,-1970., n
71-30-1-4
(4)
71-30-1-5
(6)
71-30-1-6
(7)
71-30-1-7
(8)
Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth, Baker.and Turner voting Yea, none voting Nay, to
authorize approval of Minutes of Accounts Allowed for the.months of November and December, 1970.
LIST OF CHECK NUMBERS
ACCOUNT NAME
NUMBER
General Fund
1173-2528
Water Revenue Fund
.5216-5494
Water Capital Projects
2146-2166
Water Pro Rata
2029-2052
Airport Revenue Fund
5671-5794
Airport Interest & Sinking Fund
26
Airport Capital Projects
91-103
Working Capital,Fund
4854-5093
(November only)
Fire Station Fund
295-305
Storm Sewer Fund
973-975
Street Improvement Fund
2457-2469
Street Light Fund
768-772
Park Fund
1477-1481
Sanitary Sewer Fund
1131-1151
Traffic Light Fund
588-594
Sanitation, Trash & Garbage Disposal Fund
32-34
Bond Retirement & Reserve Fund (Water )
None
Bond Retirement & ReserveFund (Electric)
36
.:Interest & Sinking Fund
322-325
Water Treating & Softening Plant Construction
None
Trust..& Agency Fund
299A-306
Sewer Pro Rata.Fund
1352-1367
Personal Appearance Bond Fund.
.238-270
Electric Revenue Fund
9292-9566
Mr. Arnold Maeker, Coordinator; -.Consultant, and Mr. Bob Messersmith appeared before the City
Council and presented a Master Planning Program for the Civic Center Complex. Covered by the
Urban Renewal Area,' this property is from Avenue K west to.Avenue Q and from 4th Street south
to 10th Street. The.Civic Center or area for public use is to be from Avenue 0 to Avenue K and
from 4th Street to 9th Street. This plan was taken under advisement.
Mr. Henry Jackson appeared before the City Council to request I a waiver on insurance requirements
for non-profit ambulance service. Mr. -Jackson stated that he wants to operate this non-profit
ambulance service, in east Lubbock. After consideration of all infromation presented, motion
was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granber
and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny this
request to waive insurance requirements, but to authorize Mr. Jackson to operate the ambulance
service in the area in which he lives; however, the ambulance operation must be under the terms
of the City of Lubbock ordinance authorizing ambulance operations.
Mr. Henry Huneke appeared before the City Council and presented the following report of the Lubbc
Lake Site Committee.
LUBBOCK LAKE SITE COMMITTEE
Report of Meeting of December 16, 1970
Director of -Parks and.Rle.creation, A. C. Hamilton, reported the possibility that $50,000 to
$100,000 might soon become available for development of the Lubbock Lake.Site, where archeologica
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;BAN 14 1971
1. The money could be applied to paved roads and parking lots which would make the site
more accessible. This would leave little or no money for development of the archeological
feature of the site.
2. The money could be used to develop the archeological feature.
The consensus of the Committee was that the money should be used to create some tangible
improvement directly related to the archeological feature. Specifically, the Committee believes
that a beginning should be made on an interpretive center which would protect the archeological
feature and at the same time make it possible for the public to see the feature. It was agreed
that if this were done, other funds would be attracted for construction of roads and parking
lots.
The Committee recommends that an architect be retained to design an interpretive center
that can be constructed in at least two phases, and that Phase I be constructed immediately.
Although only a foundation structure, Phase I should be adequate to protect the site and permit
some degree of interpretation. Later phases should be built as money becomes available. The
architect's contractshouldprovide for'payment of his fee as the phases are completed.
The Committee also recommends that the City reconsider the name Comanche Canyon Park. The
proper name of the canyon, well established in history, and documented on maps over a century
old, is Yellowhouse Canyon. Further, the Comafiches have only a very small part in the story
that will be told at the archeological site. Looking forward to the time when the Lubbock.'Lake
Site will be an attraction of national renown, it is believed that a name with greater historical
accuracy would be to the benefit of Lubbock.
Mr.=1ill Griggs, Chairman of the Lubbock County Historical Survey Committee also appeared before
the City Council in this regard. Mr. Griggs recommended that the Master Plan as prepared by
Gene Schrickel and Associates for the general area of Lubbock Lake Site be followed and that
State and Federal financing be sought; that the first phase of the project including the Inter-
pretation Center be constructed as soon as possible; that the Lubbock County Historical Survey
Committee be directed to work with the Texas'State'Historical Survey Committee in the project;
and, that Mayor Granberry appoint a Lubbock Lake Site Steering Committee to immediately seek
funds from all possible sources to accomplish the development of the first phase of the Lake Site.
The above recommendations were taken under advisement by the City Council.
71-30-2-8 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(9) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to pass Ordinance No. 6000 on second and final reading...
AN APPROPRIATION ORDINANCE 0
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain
s'pecific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Storm Sewer
Improvements
The sum $10,000
For the following purpose: Engineering only- as a -part of the Storm Sewer Improvements required
in Avenue "A" abutting Lake #16, to be increased later.
71-30-2-9 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(10) Granberry and Councilmen Rigsby, Hollingsworth, Baker and TurnervotingYea, none voting Nay,
to pass Ordinance No. 6001 on second and final reading.,.
ORDINANCE NO..6001
AN APPROPRIATION ORDINANCE
WHEREAS, the City. Council of the City of Lubbock finds it is necessary to appropriate certain
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Street
Improvement
Th6 sum $10;000
For the following purpose: Engineering only as -a part of the paving improvements required in
University Avenue between 34th Street and 50th Street, to be increased
later..
71-30-2-10 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(11) Granberry and -Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to
pass Ordinance No. 6002 on second and final reading.
ORDINANCE NO. 6002
'AN APPROPRIATION `ORDINANCE
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NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby.appropriated out of the following described bond fund, to -wit: Airport
Capital Projects
The sum $7,500.00
For the following -purpose: Engineering supervision, contingencies and construction for taxiway
to Executive Hangars of Lubbock Lease
Charge to Account No. 50-5042-531
71-30-3-11 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(12) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to
pass Ordinance No. 6003-on second and final reading.
ORDINANCE NO. 6003
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE.CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Airport Bond
Fund
The sum $10,344.00
For the following purpose: Construct 10 inch and 8 inch fire line near terminal building. i
71-30-3-12 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(13) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to
pass Ordinance No. 6004 on second and final reading.
ORDINANCE No. 6004
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certal
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY.THE CITY COUNCIL'OF,THE.CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Airport Capin
Projects Fund
The sum $215,720.00
For the following purpose:, Purchase of-71.,6.acros $215,000.00
Legal and closing costs 300.00
Appraisal Costs 420.00
TOTAL _$215,720.00
Charge to.Account No. 5042-531
LEGAL DESCRIPTION: 71.6-acres out of the south 1/2 of.the Northwest quarter of Section
10, Block A., Lubbock County, Texas, -,together with all improvements.
71-30-3-13 Motion was made by Councilman Hollingsworth; -seconded by Councilqia4 Baker, motion carried, Mayor
(14) Granberry andCouncilmen Rigsby, Hollingsworth, Baker and Turner vptJqg.Yea, none voting Nay, to
pass Ordinance No. 6006 on second and final readong.
ORDINANCE NO. 6006
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE -IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated, out of the following described bond fund, to -wit: Storm Sewer
& Drainage
The sum $55,000
F6r'the following purpose: For purchase ,of,approximately 20 acres .of land at 66th and Gary.
(Allison property)
71-30-3-14 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(15) Granberry and Councilmen Rigsby*, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to
pass Ordinanc6-No. 6007 on second and final reading.
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AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out. -of bond funds for an approved project;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Airport
Revenue Bond Fund
The sum $5,800.00
'For the following purpose: Prepare plans,, specifications and construction for expansion of
G.A.D.O. Office's in Executive Terminal Building. (AWO 186)
71-30-4-15 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(16) Granberry and Councilmen Rigsby,Hollingsworth, Baker and Turner voting Yea, none voting Nay, to
pass Ordinance No. 5750 on second and final reading.
ORDINANCE NO. 5750
AN APPROPRIAITON ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an Approved project;
NOW THEREFORE,
UIMAUGEIR "IT, a W. I . 1! fi
There is hereby appropriated out of the following described bond fund, to -wit: Sanitation -
GarbaV.-,,Trash Disposal Bond Fund
The sum $90,000.00
For the following purpose: Purchased from Mr. Ji H..-Felton and described as the East 1/2 of
Section 33, Block A, Lubbock County, Texas. G.W.O. 10687
71-30-4-16 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
(17) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to pass Ordinance No.,6005 on second and final reading.
NEEZZOINIM
AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK (BEING
ORDINANCE NO. 489T ,TH�E ELECTRICAL CODE)�, BY AMENDING SUBSECTION (1), OYSECTION 11A-5 THEREOF
WHICH ADOPTED THE 1968 NATIONAL ELECTRICAL CODE, TO PROVIDE FOR NUMBER OF CONDUCTORS IN OUTLET
AND JUNCTION BOXES; -PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. I
71-30-4-17 NOTICE OF INTENTION OF THE CITY OF LUBBOCK, TEXAS, TO ENTER INTO A COOPERATION AGREEMENT
(18 & 30) WITH THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS.
Pursuant to a Resolution duly'adopted on October 22, 1970, by the City Council of Lubbock,
Texas, Notice is hereby given of the intention of the City of Lubbock, Texas, to enter into a
Cooperation Agreement with the Housing Authority of the City of Lubbock, Texas, and further;
Notice is hereby given that at the expiration.of sixty (60) days from the date of first
publication, the City Council of the City of Lubbock, Texas, will consider the question of
whether or not it will enter into a Cooperation Agreement with the Housing Authority of the
City of Lubbock, Texas.* A copy of the proposed Cooperation Agreement is,
available for the
inspection of the publicat the office of.the.City Secretary during business hours.
This Notice is given and published pursuant to the HousinVoXperati on of the State of
Texas.
Ea--ve'nia Lowe, City Secritary-Treasurer
City of Lubbock, Texas
In accordance with the above notice, a public, hearing was called by Mayor Granberry to consider
a Cooperation Agreement between the City of Lubbock and the,Housi,ng Authority of the City of
Lubbock, Texas. Mr. Jim Sexton, Chairman of the Lubbock Housing Authority, appeared before the
City Council and requested that the City.,Council pass the following Resolution authorizing the
City of Lubbock to enter into the following Cooperation Agreement with the Housing Authority
of the City of Lubbock. The following persons also appeared before.the City Council in this
regard: George Scott, Tom Burtis, Mrs. Juanita Bolton, Joe Phillips and Sister Regina. After
consideration of all information presented, motion was made by.Councilman Hollingsworth, second-
ed by Councilman Baker, motion carried, Mayor Granberry and Counciimen Rigsby, Hollingsworth,
-Baker and Turner:voting Yea, none voting Nay., that the -following Resolution be passed.
RESOLUTION APPROVING COOPERATION AGREEMENT
WITH THE
HOUSING AUTHORITY OF THE CITY -OF LUBBOCK, TEXAS,
.AND AUTHORIZING ITS EXECUTION
WHEREAS, the City of Lubbock, Texas, has caused to be published twice in its officially
designated newspaper the notice of its intent to enter into a Cooperation Agreement with the
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WHEREAS, sixty (60) days or more have elapsed since the date of the first publication of
said Notice, with no'petition for election being filed in accordance with the Housing Cooperation
Law of Texas; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL*OF THE CITY OF LUBBOCK, TEXAS, AS FOLLOWS:
1. The Cooperation Agreement between the City of Lubbock, Texas, and the Housing Authority
of the City of Lubbock; Texas,, is hereby approved.
2. The Mayor, of the City of Lubbock, Texas, is hereby authorized and directed to execute
said Agreement and the. Secretary -Treasurer of the City of Lubbock, Texas, is hereby
'authorized arid.:directed.to seal and-att6st said Cooperation Agreement in the name of
the City of Lubbock, Texas.
3. This Resolution shall become effective immediately.
4. The Cooperation Agreement is in the form as attached hereto which shall be spread upon
the minutes., of the Council and -as spread upon the minutes of this Council shall constitu
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of January, 1971.
MAY
RANBERRY,, J. H.�rG
ATTEST:
'Ea—ven1,67Lowe, 'dity'Ad'cr"y-Treasurer
APPROVED:
Isl Fred 0. Senter, Jr.
Fred 0. 8enter, Jr.', City Attorney
COOPERATION AGREEMENT
This Agreement entered into this-14th day of January, 1971, by and between the Housing
Authority of the, City of Lubbock, Texas, (herein called the "Local Authority") and the City of
Lubbock, Texas, (herein called the "Municipality"), WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree
as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall.mean any low -rent housing hereafter developed as an entity
by the Local Authority..with financial assistance of the United States of American (herei:
called the "Government"), pursuant to the United States Housing Act of 1937, as amended,
and the Department of Housing and Urban Development Act; excluding, however, any low -
rent housing project coveted by any contract for loans and annual contributions entered
into between the Local Authority -and agencies of -the Government prior to the date of
this Agreement.
(b) The term ""Taxing Bodyl"shall'mean the State or any political subdivision or taxing
unit thereof in which a Project is situated and which would have authority to assess or
levy real or personal property taxes or to certify such taxes to a taxing body or public
officer to be levied for its use and benefit with respect to a Project if it were not
exempt from taxation.,
(c) The term ' "Sheltet Rent" shallmeanthe total of all charges to all tenants of a
Project for dwelling tents and nondwelling rents (excluding all other income of such
Project), less the cost to the L6cal Authority of:a1l dwelling and nondwelling utilities
(d) The term "Slum" shall mean'any area where dwellings predominate which, by reason of
dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light
or sanitation lacilities, or any combination of these -factors, are detrimental to safety
health or morals'..,
2. The Local Authority shall endeavor (a) to secure a contract or contracts with the
Government for loans and annual-contributionscovering one�or more,Projects comprising approximat4
300 units''ol low -refit -housing and-(b) to develop and administer such Project or Projects, each
of which shall be located within the corporate limits of the Municipality. The obligations of
the parties hereto shall apply to each such Project.
3. (a) Under the constitution and statutes of the State of Texas, all Projects are exempt
from all real-and•personal property taxes and special assessments levied or imposed by
any Taxing Body., With respect to any Project,, so long as either (i) such Project is
owned by a public body or governmental agency and is used for low -rent housing purposes,
or (ii). any contract between the Local Authority and the Government for loans or annual
contributions, or both, in'connection with such Project remains in force and effect, or
(iii) any bonds issued in connection with such.Project or any monies due to the Govern-
ment -in connection with such Project remain unpaid, whichever period is the longest, the
Municipality agrees that it will not levy or impose any real or personal property taxes
or special assessments upon such Project or upon the Local Authority,with respect thereb
During such period., the Local Authority shall make annual payments (herein called "Pay-
ments -in Lies.= of Taxes") in,lieu of such taxes and special assessments and in payment
for the- Public services and facilities -furnished from time to time without other cost
i ly
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(b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal
year established-for,such Project,- and shall be in an amount equal to either (i) ten
percent (10%) of the aggregate Shelter Rent Charged by the Local Authority in respect
to such Project during such fiscal year, or (ii) the amount permitted to be paid by
applicable State law in effect on the date such payment is made, whichever amount is
the lower.
(c) The Local Authority shall distribute the Payments in Lieu of Taxes among the
Taxing Bodies in the proportion which the real property taxes which would have been
'paid to each Taxing Body for such year if the Project were not exempt from taxation
bears to the total, -real property taxes which would have been paid to all Taxing Bodies
for such year if the Project were not exempt from taxation; Provided, however, That no
payment for any year shall be made to any Taxing Body -in excess of the amount of the
real property taxes which would have been paid to such Taxing Body for such year if the
Project were not exempt from taxation.
(d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien
against any Project or assets of the Local Authority shall attach, nor shall any interest
or penalties accrue or attach on Account thereof.. .1
4. The Municipality agrees that, subsequent to the date of initiation (as defined in the
United States Housing Act of 1937, as amended) of each Project and within five years after the
completion thereof, or such further period as may be approved by the Government, there has been
or will be elimination (as approved by the Government) by demolition, condemnation, effective
closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated
in the locality or metropolitan area in which such Project is located, substantially equal in
number to the number of newly constructed dwelling units provided by such Project; Provided,
That, where more than one family is living in an unsafe or insanitary dwelling unit, the
elimination of such unit shall count as the elimination of units equal to the number of families
accommodated therein; and Provided, further, That, this paragraph 4 shall not apply in the case
of (i) any Project developed on the site of a Slum cleared subsequent to July 15, 1949, and
that the dwelling units eliminated by the clearance of the site of such Project shall not be
counted as elimination for any other Project or any other low -rent housing project, or (ii)
any Project located in a rural nonfarm area.
5. During the period commencing with the date of the acquisition of any part of the site
or sites of any Project and continuing so long as either (i) such Project is owned by a public
body or governmental agency and is used for low -rent housing purposes,. or (ii) any contract
between the Local Authority and the Government for loans or annual contributions, or both, in
connection with such Project remains in force and effect, or (iii) any bonds issued in connection
with such Project or any monies due to the Government in connection with such Project remain
unpaid, whichever period is the longest, the Municipality without cost or charge to the Local
Authority or the tenants of such Project (other than the Payment in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Local Authority and the tenants of such
Project public services and facilities of the same character and to the same extent
as.are furnished from time to time without cost or charge to other dwellings and
inhabitants in the Municipality;,
(b) Vacate such streets, roads, and alleys within the area of such Project as may be
necessary in the development thereof,. and convey without charge to the Local Authority
such interest as the Municipality may have in such vacated areas, and, insofar as it
is lawfully able tondo so without cost or expense to the Local Authority or to the
Municipality, cause to be:removed from such vacated areas, insofar as it may be
necessary, all public or private utility lines and equipment.
(c) insofar as the Municipality may lawfully do so, (i) grant such deviations from
the building code of the Municipality as are reasonable and necessary to promote
economy. and efficiency in the development and administration of such Project, and at
the same time safeguard health and safety, and (ii) make such changes in any zoning
of the site and.surrou-nding-.territory of such Project as are reasonable and necessary
for the development and protection of such Project.and the surrounding territory;
(d) Accept grants of easements -necessary for the development of such Project; and
(e) , Cooperate with the Local Authority.by such other lawful action or ways as the
Municipality and the Local Authority may, find necessary in connection with the develop-
ment and administration of such Project.
6. -.In respect to any Project the Municipality,further agrees that within a reasonable time
after receiptofa written request therefor from the Local Authority: ..
(a) it will accept -the dedicationofall interior streets, roads, alleys, and adjacent
sidewalks within the area of such Project, together with all storm and sanitary sewer
mains in such dedicated areas, after the Local Authority, at its own expense, has
completed the grading, improvement, -;paving, and installation thereof in accordance
with specifications acceptable to the Municipality;
(b) It will accept necessary dedications of land for, and will grade, improve, pave,,
and provide sidewalks for, all streets bounding such Project or necessary to provide
adequate access thereto (in consideration whereof the Local Authority shall pay to
the Municipality -such amount as would be.assessed against the Project site for such
work if such site were privately owned); and
(c) It will provide, or cause to be provided, water mains, and storm and sanitary
sewer mains; leading•to such Project and serving the bounding streets thereof (in
consideration -whereof the Local Authorityshallpay to the Municipality such amount
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71-30-7-18
(18a&31)
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7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnishe
any public services or facilities which it has agreed hereunder torfurhish or, to,!..1cause to be
furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs
any expense to obtain such services or facilities then the Local Authority may deduct the amount
of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in
respect to any Project or any other low -rent housing projects owned or operated by the Local
Authority.
8. No Cooperation Agreement heretofore entere&into between the Municipality and the Local
Authority shall be construed to.apply to any Project covered by this Agreement.
9. So long,as any contract between the Local Authority and the Government for loans
(including preliminary loans) or annual contributions, or both, in connection with any Project
remains in force and effect, or so long as any bonds issued in connection with any Project or
any monies due to the Government in connection with any Project or any monies due to the Govern-
ment in connection with any Project remain unpaid, this Agreement shall not be abrogated, changes
or modified without the consent of the Government. The Privileges and obligations of the
Municipality hereunder shall remain in full force and effect with respect to :,.,each Project so
long as the beneficial title to such Project is held by the Local Authority or by the Government
or by any other.oublic body or governmental agency authorized by law to engage in the development
or administration of low -rent housing projects. If at any time the beneficial title to, or
possession of,. any Project is held by the Government,.oth6r public body or governmental agency,
the provisions hereof shall inure to the benefit of and may be enforced by the Government, such
other public body or governmental agency.
I IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this
Agreement and caused their seals to be affixed and attested as of the day and year first above
written.
ACWALOMRIJI. I I I I
H.�GAANBERRY, 4A
ATTEST:
Lavenia Lowe, City Secret 4ry-Treasurer
HOUSING AUTHORITY OF CITY OF
TEXAS
MW
ATTEST:
Secretary
CHAIRMAN
Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
that the following Resolution be passed.
RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT HOUSING
-WHEREAS-, it is the policy of this.locality to eliminate substandard and other inadequate
housing, to.-prevent.the spread of slums and blight,'. and to realize as soon as feasible the goal
of a. decent home in. a suitable Jiving environment for all,of.its citizens;. and
WHEREAS, under ,the 1provisions of the United States Housing Act,of 1937, as amended, the
Department of Housing and Urban Development is authorized to provide financial assistance to
local public housing agencies for undertaking and carrying out preliminary planning of low -rent
housing projects that.will assist in meeting this goal; and
WHEREAS, the Act provides.that there shall be local determination of need for low -rent
housing to meet needs not being adequately met by private enterprise and that the Department of
Housing and Urban Development shall not make any contract with a public housing agency for
preliminary loans for surveys and,planni.ng in respect to any low -rent housing projects unless
the governing body of the locality involved has by resolution approved the application of the
public housing agency for such preliminary loan; and
WHEREAS, the Housing Authority of the City of Lubbock, Texas (herein called the "Local
Authority") is a public housing agency and is applying to the Department of Housing and Urban
Development for a preliminary loan to cover the costs of surveys and planning in connection with
the development of low -rent housing, NOW THEREFORE:
BE.IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AS FOLLOWS:
1. There exists in the City of Lubbock, Texas, a need for such,low-rent housing at rents
within the means of low-income families;
2. The application of the Local Authority to the Department of Housing and Urban Developme
for a preliminary loan in an amount not to exceed $120,000.00 for surveys and planning
in connection with low -rent housi I ng projects of not.to exceed approximately 300 dwellin
units is hereby approved.
Passed by.the,City Council this 14th,day of January,. 1971.
71-30-8-19
(19)
71-30-8-20
(20)
J. H.
GRANBERRY, MAYOR
ATTEST:
Lavenia Lowe, City Secretary -Treasurer
The City Council considered
approval of price and
condition of sale
of certain parcels of land
in the Guadalupe Urban�Renewal Area. �Motiomwas made by Councilman
Hollingsworth, seconded by
Councilman Baker, motion carried,,. Mayor Granberry
and Councilmen Rigsby; Hollingsworth, Baker
and Turner voting Yea, none
voting Nay, to approve
the disposition of the following parcels of
land to .the developers.listed below at the prices
listed below.
Item No. Parcel
Redeveloper
'Price
Redevelo2ment
1. (All of)- 5C-12-4
Manuel Aguilar
$1,700.00
Single-family Residence
2. (S 50-) 5F�15-3
Atmento Lucero
$1,200.00
Single-family Residence
3. (S 51.23') 5F-1-2
Francis Fernandez
.$1,320.00
Single -'family Residence
4. (S 65') 5B16-10
Fabian Lara
$1,415.00
Single-family Residence
5. (N 57') 58-16-10
Ray Chavez
Single-family Residence
6. (All of) 5B-16-4,
Jose Carreasco'
$1,370.00
Single-family Residence
7. (E 64.5') 58-16-2
Marcelino Venegas
$1,395.00
Single-family Residence
8.
(W 44' of
E 307')
5E-6-1
*Josephine Gonzales
$1,159.00
Single-family
Residence
9.
(W 65'.of
E 448')
5E-7-1
Alberlardo Mata
$1,385.00
Single-family
Residence
10.
(W 73' of
E 5211)
5E-7-1
Herman Tijerina
$1,706i00
Single-family
Residence
11.
(All of)
5E-1-2
Canuto Mata
$2,195.00
Single-family
Residence
12.
(S part of
W 59' of E
364:1) 5E-1-4 *Pedro Mojica $ 720.00 Single-family Residence
This portion plus street closure gives Mojica and Gonzales standard lots.
Motion was made by Councilman Rigsby, seconded by Councilman Bakerl motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to pass Ordinance No.6009 on first reading.
ORDINANCE NO. .6009
AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL
VEHICLES ON PORTIONS OF 4TH STREET (F.M. 2255), WITHIN THE CORPORATE LIMITS OF THE CITY OF
LUBBOCK,* LUBBOCK COUNTY, TEXAS; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A
PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
THAT ALL STREETS AND HIOHWAYS-NOT-SPECIFICALLY SET -FORTH HEREIN SHALL NOT BE EFFECTED BY THE
PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED
LIMIT ORDINANCES EXCEPT THOSE WITHWHICH IT SPECIFICALLY CONFLICTS) AND PROVIDING A SAVINGS
CLAUSE;
71-30-8-21
Motion was made'by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor
(21)
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
topassOrdinance No. 6010 on first reading.
ORDINANCE NO. 6010
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF LUBBOCK:
There is,hereby appropriated out of the*foll'owing described bond,fund, to -wit: Traffic
Signal Bond Fund
The sum $21,786.74
For the following purpose: To purchase 2 Ton Derrick Truck
71-30-8-22-
The City Council considered'the request of the Texas Highway Department as presented by Wayne
-(-22)
Sherrell, Director of Traffic, that the frontage roads at Loop 289 and North Quirt be left
undisturbed. After consideration of all information presented, motion was made by Councilman
Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby,
Hollingsworth, Baker and Turner voting Yea, none voting Nay to approve this request.
Elt�
I
71-30-9-23
. (24)
i
Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, V
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting yea, none voting Nay,
.that the following Resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Street Use License in favor of Robert H. Maeker
attached herewith which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council,shall.-constitute-and be a:part of this Resolutionasif fully copied
herein in detail.,
Passed by. the City Council this 14th day of January, 1971.
ATTEST:
�f&*" 1. 4 C-4m PC 4, a 46 09 09 0
La . venkal Lowe, City 7jSecretlry=,Treasurer
APPROVED AS TO FORM:
/s/,Fred 0. Senter,'Jr.
Fred 0. Senter-,.Jr.; CityAttorney
STREET USE LICENSE
THE STATE OF TEXAS X ,
COUNTY OF LUBBOCK I
J. H.`GRANBERRY, MA
(.,o
This indenture made this 14th day of January, 1971, between the CITY OF LUBBOCK, TEXAS, a
Home Rule - Municipal Corporation, and ROBERT H. M&EKER, hereinafter,called "GRANTEE".
1941VIPWI
Subject to the terms and provisions herein,. the CITY OF LUBBOCK, TEXAS, does hereby grant
unto GRANTEE, his heirs and assigns, as provided.below,.the right, privileges and license to
construct and maintain a sidewalk canopy 10.00 feet in width, 50.00 feet in length, with a
minimum roof height of.9.00.feet and two advertising signs.thereofi; said canopy abutting the
building located on Lots 11 and 12',, Block 116, Original Town of. Lubbock, .Lubbock County, Texas.
J. A drawing of the use is attached hereto and made a part hereof and the use granted here
is limited to that shown on such drawing.
.2. GRANTEE shall be entitled to erect, install, display, repair and maintain two signs on
the roof of the canopy, but said signs shall not exceed 45" in height and shall not be so install
ed to protrude or project beyond the leading edge of the said canopy.
3. The CITY OF LUBBOCK reserves the right to install or remove traffic control signs or
devices, parking control signs, parking meters, or any other item incident to the control or
regulation of traffic and normally installed in the street right-of-way.
4. The terms of this grant shall be from year to year not to exceed twenty (20) years
without renewal by the City Council, and the CITY'0F,LUBBOCK retains the right, at its election
to cancel and revoke this license, with or without cause, upon thirty (30) days notice to GRANT
Said notice shall be deemed properly served if deposited in the Post office, postage paid,
addressed to GRANTEE at 1310 Broadway.
Upon expiration or cancellation or revocation of this license by, the CITY OF LUBBOCK or the
abandonment of the license by the GRANTEE, the improvements that are permitted under this license
shall be removed by the GRANTEE and the property shall be restoted,to its original condition at
no cost or expense to the CITY OF LUBBOCK"; In -the event GRANTEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and
remove or cause to be removed such improvements and the expense incurred shall be assessed agains
GRANTEE for which GRANTEE shall be liable.
5. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of
FIVE AND NOIIOO DOLLARS ($5.00) per year for the duration of this license, with the first year
payable on execution of this instrument and a like sum payable on January lst of each succeeding
year for ,the duration of . this. 'license.*
6. Payment of the annual fee provided above, except the initial payment shall be made by
GRANTEE to CITY OF LUBBOCK on January Ist of each Oar this license is in effect. Notice of such
fee being due shall be sent by the CITY OF LUBBOCK to GRANTEE and upon failure of GRANTEE to pay
such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall consider
such non-payment as a default in this license, and the City Council shall determine whether such
.license shall be considered forfeited and may elect to'demand vacation by GRANTEE.
7. 1 Prior to any construction as authorized by this license, the GRANTEE shall submit to the
City Engineer plans and specifications for the construction,to be -done, and the GRANTEE shall not
commence construction until such plans and specifications are approved by the City Engineer.
8. The GRANTEE agrees to pay all costs arising out of the exercise of the license herein
Iff
9. In -the event the CITY OF LUBBOCK determines that the existence of such use interfers
with or causes the re-routing or re -alignment of any public utility, franchise, utility, or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, GRANTEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the
case may be, for its expqnseof such re -locating or re-routing over and above the expense which
would have been incurred except for GRANTEE'S use herein.
10. This license is not transferable by the GRANTEE without first receiving the written
consent of the City Manager of the CITY OF LUBBOCK.
11. This license is made subject to the condition that should the GRANTEE exercise any
.,right under the -license herein granted and prepare or begin or complete any part of the construc-
tion as herein contemplated across any or all of the above set out property, then and in that
event said GRANTEE, his heirs and assigns, will at all times defend, indemnify and otherwise
hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity or whatsoever kind or nature which
may grow.out of or be related to the making of this license or the construction or maintenance
and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with
any contractors hired by GRANTEE to perform the construction, repair or maintenance
e permitted
herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability,
cost and expense growing out of the performance of the work to be done by such contractor. The
CITY OF LUBBOCK may further require such contractor, when enegaged in the construction, repair
or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable
surety bond, in an amount and in the form satisfactory to said'CITY OF LUBBOCK, guaranteeing
the faithful performance of all the terms, covenants and conditions contained in said agreement
and a certified copy of a policy of public liability assumed by contractor in said agreement
with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to GRANTEE prior to
incurring any costs or expenses or the payment of any such claims or demands in order to give
GRANTEE a reasonable.opportufiity to settle or adjust the same.
12. GRANTEE agrees and is required to furnish a policy of public liability and property
damage insurance, within limits specified by, and in a form satisfactory to the City Attorney
for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering
the uses herein granted.
13. All of the covenants and provisions of this license shall be binding upon and inure
to the benefit of the successors, legal representatives, assigns and the duly authorized agents
and contractors of the parties hereto to the same extent and effect as the same are binding.
upon and inure to the benefit of the parties hereto, but no assignment hereof by the GRANTEE,
..':his heirs and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the
CITY OF LUBBOCK in,each instance except as specified in Paragraph (10).
14. GRANTEE, by the acceptance of the uses permitted herein, understands and agrees that
no interest; title or rights or possession are intended or implied except those expressly set
forth herein and GRANTEE waives any and all claims in and to the public way it is permitted to
use hereby and agrees to give peaceful,possession-of said -property covered herein upon termina-
tion or cancellation of this license.
CITY OOCK
J. H. GRANBERRY, OR
ATTEST -
Lavenia Lowe, City Secretry-Treasurer
AGREED TO AND ACCEPTED THIS 14TH DAY OF JANUARY., 19,71.
LICENSEE:
APPROVED AS TO FORM:- ROBERT H. MAEKER
Isl Fred 0. Senter, Jr..
Fred'O..Senter, Jr., City Attorney
APPROVED:
Isl Sam Wahl,
Sam Wahl, Director of Public Works
71-30-10-24 Motion was made. by Councilman Hollingsworth seconded -.by Councilman Rigsby, motion carried,
(25) Mayor Granberry and Councilmen Rigsby, Hollingsworth„ Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6011 on first reading.
ORDINANCE NO. 6011
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City. of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
For :the following .p'urpose: Purchase of Land Fill-,Site.l
71-30-11-25 Motion was made by councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor
(2$) Granberry and Councilmen Rigsby,.Hollingsworth, Baker -and Turner voting Yea, none voting Nay, to
pass ordinance No,. 6012*on first.reading.,Ei
ORDINANCE NO. 6012
AN APPROPRIATION ORDINANCE
.-of Lubbock. finds it is -necessary to appropriate H
WHEREAS, the City Council of the City
certain specific funds out ofbond funds, for an approved project;
NOW THEREFORE,
BE IT-ORDAINED:BY.THE CITY'COUNCIL OF THE CITY OF LUBBOCK:
ve
There is hereby appropriated out of the following described bond fund, to -wit: Street Impr(
meet Bond Fund 76-6061-551
The sum $112,000.00
For the following purpose: Acquisition for Right -of -Way of a portion of Avenue H between 2nd
Placeand3rd Street.. Amount asfollows:
$110,000.00 Land Acquisition
2,000.00 Supplemental Exepnditures
71-30-11-26 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor!,
(29) Granberry and Councilman Rigsby, Hollingsworth, Baker and 'Turner voting Yea, none voting Nay,
that the following Resolution be'passed.:
RESOLUTION
BE IT RESOLVED BY THE CITY -COUNCIL OF THE -CITY 'OF LUBBOCK:
THAT the Mayor of the City of Lubbock beandis hereby author-ized-and directed to execute
for and on behalf of the City,of Lubbock an agreement between the City.of Lubbock and Atchison,
ric e at Doud Station,
line.crossing license Topeka & Santa Fe Rail4ay Company covering an -elect
attached herewith which shall be spread upon the minutes of the Councilandas spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detain.-
Passed by the City Council this-14th day. -of January, 1971.
J.-'Ho' GRANBERRY,
ATTEST
AgdZ
Laventa Lowe, City fsecreTfry-Treasurer
APPROVED AS TO FORM:
Is[ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
LICENSE.
THISLICENSE, made as of the 11th day of November, 1970'.1, between THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Santa Fe") and CITY OF
LUBBOCK, TEXAS,'Abunicipal corporation, (hereinafter whether one par . ty or more called "Licensee
Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant
and agree .as follows:
1. In consideratibn-of the sum of one and NO/100ths Dollars($1.00) in hand paid by Licensed!
to Santa Fe, the receipt -whereof is hereby acknowledged, and of the covenants and agreements of
Licensee hereinafter set forth, and -of -the faithful performance by Licensee of the same, Santa F�,
licenses and permits Licensee to construct, maintain and use an electric supply line containing 1i
a maximum of four (4) conductors across or along the premises of Santa Fe at or near the stationi,
of Doud, Lubbock County, Texas, the kind and gauge of said conductors, the phase, frequency and j,
voltage of the electric circuit carried thereon and the location of said electric supply line
being more particularly shown upon the print here -to attached, No. DEOS-8988 dated October 30,
.1970, marked '•Exhibit A", and -made -a part -hereof. For, convenience, -the said electric supply
line, with all conductors and their supporting or containing structures in so far as they relatel
to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line'
tr*�'
2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Elec id
B
Supply Line in strict accordance with the Specifications, for the time current, for Electric
Supply Lines across or along Railway Property, adopted by the Electrical Section of the Associa-11
11
l
tion of American Railroads, or any -successor agency, except where by -statute or order of competiiBl
9
public authority a different type of construction or.a'different degree of maintenance is require
or permitted, in which case such construction or maintenance shall be in strict accordance with ii
such statute or order; provided, however, all materials andworkmanship employed in the construe
tion and maintenance of the Electric Supply Line shall be subject to the approval of Santa Fe.
3. Licensee shall at Licensee's own cost, remove all combustible material from around
31
wooden poles and will at all times keep the.space around such poles free of such material, and
- . -1 -11 ___ I— _a __A_A 4-- —4.014n f4ftpAn (15) days after q
M
having been requested by Santa Fe so to do, Santa Fe shall have the iight.itself to perform the
work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred.
4. During construction and.while repairing, renewing or changin g,the Electric Supply Line,
Licensee shall exercise utmost and extraordinary -diligence to the'end that no damage shall
occur to the property of Santa Fe, and that there shall be no interference with the operation
of its railroad. Upon completion of the Electric Supply Line or after the making of any changes,
repairs or renewals, Licensee shall, at Licensee's own cost, restore said premises to their
former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay
toSanta Fe the entire cost incurred in employing watchmen or such other means of protection
as in the judgment of -Santa Fe maybe required during the construction,.maintenance, repair,
renewal or changing of the Electric Supply Line.
5. If at any time during the term hereof Santa Fe shall desire to make any use of its
property with which the Electric Supply Line will in any way interfere, including the reloca-
tion of existing or the construction of new lines of poles, wires, conduits and other facilities
in which it shall have -an interest3 Licensee shall, at Licensee's own cost, within thirty (30)
days after receiving written notice from Santa Fe to such effect, make such changes in the
Electric Supply Line as in the judgment of Santa Fe may -be necessary to aviod interference with
the proposed use of its property.
.6. Santa Fe shall have the right at its election itself to construct the Electric Supply
Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary
or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall
advance to Santa Fe the cost,.as estaimated by Santa Fe, of such construction, repair, renewal
or change. If the actual cost incurred by Santa Fe in performing such work shall prove more
or less than,the-amount so advanced, theldifference,shall be promptly paid by Licensee or
refunded bySanta Fe, as:the case may be. Santa Fe may,,at its election, advance the necessary
moneys to cover such cost and, in that case, Licensee agrees.pr6mptly upon demand to pay to
Santa Fe all sums so advanced, with interest.
7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies
operating over its tracks against, and shall pay.in full, all loss, damage or expense that they,
or any of them, may sustain, incur or become liable for, resulting in any manner from the
construction',, maintenance, use, state of repair, or presence of the Electric Supply Line upon
said premises, includinganysuch loss, damage or expense arising out of (a) loss of or damage
to property, (b) injury to'or-death.of persons, (c) mechanics' or other liens of any character,
or (d) taxes or assessments of any kind.
8. Since this license is made in part for the benefit of other companies operating over
Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either
jointly or severally, astheir interests may be joint or several. None of said companies nor
the Santa Fe shall be liable for any damage, howsoever caused,'..to the Electric Supply Line,
whether due to negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply withorcarry out any of the
covenants herein contained, and such failure or refusal shall continue for a period of thirty
(30) days after written demand for ,such .performance or compliance shall have been made upon
Licensee by Santa Fe, Santa Fe may,.,at its election", without notice,* forthwith revoke this lic-
enge, and in case of such election, or upon any termination hereof, Licensee shall, upon
request, forthwith remove the Electric Supply Line and restore said premises to the condition
in which they were prior to the construction of the Electric Supply Line. In case Licensee
shall fail to make such removal or restoration within thirty (30) days,.Santa Fe may proceed
with such work, and Licensee shall promptly repay to Santa Fe ' the cost thereof. No waiver by
Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or
held to be a waiver of the right to terminate the same for any subsequent default or defaults,
but notwithstanding such waiver Santa Fe may terminate this license upon any subsequent default
or defaults which may occur; nor shall any termination hereof release Licensee from any liability
or obligation hereunder, whether of indemnity or ' otherwise), resulting from any acts, omissions
or events happening prior to: the date of termination or such later date when the Electric Supply
Line may be removed and said premises restored as hereinabove provided.
10. Licensee shall at all times, at Licensee's own cost, main . tain.the most effective system
and use the best known and most effective methods to protect the lines, wires, and service of
Santa Fe and of any licensee of Santa. Fe whose permission.,to.use said premises antedates the
licens-e.and permission herein to Licensee, from interference and physical hazard, and if nec-
essary in order to prevent such,inteTference or hazard, Licensee shall, 'at Licensee's own cost,
transpose Licensee's circuits or make such changes in the construction or location of the
Electric Supply Line as may be specified by Santa Fe.,
11. in the case of the eviction of Licensee by anyone owning ,or.
claiming title to or any
interest in said premises, or any part thereof, Santa Fe. shall not be liable to Licensee for
any damage of any nature whatsoever, or to refund.any moneys paid hereunder.
12. Any notice to be -given by Santa Fe to Licensee hereunder shall be deemed to be properly
served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addres-
.sed to Licensee at Lubbock, Texas.
. 13. In the event Licensee herein consists
agreements of Licensee -herein contained shall
agreements of such parties.
of two or more parties, all the covenants and
constitute the joint and several covenants and
.14. This license may be terminated by either party hereto upon one (1) months' notice in
writing'.to be served upon -the other party, stating therein the.day of the month that such ter-
mination will take place; and upon the expiration of the time specified in such notice this
license, and all rights and,privileges of Licensee thereunder, shall absolutely cease. This
license shall terminate in any event immediately upon the death of.the Licensee, if ),,the sole
12B
JAN 14 1971
71-30-13-33
(38)
13
(_J
7
J
7
j
71-30-13-27
(32)
71-30=13-28
(33)
71-30-13-29
(34)
71-30-13-30
(35)
71-30-13-31
(36)
71-30-13-32
(37).
71-30-13-33
(38)
71-30-13-34
(39)
15.. This license shall be binding upon and, inure to the -benefit -of the parties and their
respective legal representatives, successors and assi-gris;.provided, however, no assignment hereof
by Licensee, -Licensee's legal representatives, successors or assigns, nor any subsequent assignee
shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at
the option of Santa -Fe this license shall be forfeited by any such voluntary assignment or by
any assignment thereof.by operation of.law.
16. It is mutually agreed and.*.understood that this agreement supersedes and cancels those
certain documents dated November.15,..1954, and November 24, 1964, Railway's secretary's contract
Nos. 15107 and 19693, relating to two.power line crossings and parallel power line, this reloca-
tion is for the benefit of a lessee of Railway Company, at Doud, Lubbock County, Texas.
IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and
year first aboue written.
THE-ATCHISON$ TOPEKA AND-SANTA FE RAILWAY COMPANY
APPROVED:
As to Description:. BY Isl J.'H. Blake
Isl C. D. Wilson Its Assistant General Manager i
For Chief Engineer
CITY OF LUB TEXAS
As to Specifications:
BY AV-
Isl J. H. Nail
Superintendent of Communications Its Mayor Z
The City Council considered passage of an ordinance regulating the venting -of open space heaters.
After consideration of this -ordinance it was unanimously agreed by the City Council that this
matter.be referred - to the City Manager to workout a plan of implementation. The Council also
directed that notices be mailed to the Plumbing Board and to all other persons who might be
interested, that the City Council will consider passage of this ordinance on first reading at
their regular meeting, January 28, 1971.
-Motion was made by Councilman Rigsby,..seconded by Councilman Baker, motion carried, Mayor Granber
and Councilmen Rigsby, Hollingsworth, and Baker voting Yea, none votingNay, to authorize the
appointment of Sam Crow to replace Jjim Collier and the appointment of Ray Fargason to replace
*Mrs. Fern Cone as members of the Cemetery Board. These.are:fivd year terms will expire January
8, 1976.... Councilman Turner was.absent at the time of this motion.
Motion was made by Councilman Rigsby,.seconded by Councilman Hollingsworth, motion carried, Mayor
Granberry,and Councilmen Rigsby, Hollingsworth and Baker voting.Yea, none voting Nay, to authori2
the appointment of Max Addison to replace Robert C. Hurmence as a member of the Civil Service
Commission. This -is a three year term and, will expire January 29, 1974..Councilman Turner was
absent at the time of this motion.
Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth and Baker voting Yea, none voting Nay, to authori
the appointment of. Mrs: Alice Johnson.to,replace Arnold Maeker, who resigned, as a member of the
Planning and Zoning Commission. This term will expire November 16, 1971. Councilman Turner was
absent at the.time of this. motion..
Motion was made by Councilman Baker, seconded by Councilman -Hollingsworth; motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth and Baker voting Yea, none voting Nay, to authori
the appointment of Gene Odell to replace Mrs. Alice Johnson, who resigned, as a member of the
Zoning Board of Adjustment. This term will expire-February,26, 1972.- Councilman Turner was
absent at the time of this motion
The City Council considered the, request of R. E. Jones -for permission to tap water line adjacent
to his property which is southeast of the City and outside of the City Limits. Motion was made
by Councilman Rigsby, seconded by Councilman Baker, motion carried,.Mayor,-Granberry and'Councilm
Rigsby, Hollingsworth and Baker voting,Yda, none voting.Nay., to defer.action on this request.
Councilman Turner was absent at the time of this motion.
The City Council considered the request of E. Jones to purchase effluent from Frank Gray.
(Mr. Gray operates Standefer and Gray Farms and has a contract with the City for all of the City
effluent.) -After consideration of all information presented, motionwasmade by Councilman
Hollingsworth, seconded by Councilman-Baker,,motion carried, Mayor-,.Granborry and Councilmen
Rigsby, Hollingsworth,,and Baker voting Yea,.none voting Nay,.to-authorize the City Attorney to
work with Mr. Jones and Mr. Gray in an effort to complete this contract to allow Mr. Jones to
purchase effluent; Councilman'Turner was absent.at the. time.of this motion.
January'll, 1971
The Mayor and, City Council
City of Lubbock, Texas
P. 0. Box 2000
Lubbock, Texas79408
Gentlemen:
We enc.lose.for your consideration and adoption rate•schedules to be charged in the City of
Lubbock, Texas, for various classes of electric service-.
The propocs6d rates provide for rate simplification and adjustments and contain beneficial
features which are part of a long range program which we began throughout our service area in
1957. In addition to providing a single meter -service for all classes of customers who use
- I - - --Z - Z --- C - - - - - - - -.4 the rnt-a cai-hPtqvt1P_Q inrititip an Tndustrial Rate which
1E
..The proposal, recognizing the inflationary trend in which we now find ourselves, also calls
for-thefirst increase in rates for electric service.since 1951, the only other rate increase in
Lubbock history. The last rate action in Lubbock•wa6 a 7.5% decrease in 1963.
The rate changes contained in,this proposal will result in the following revenue changed
for our company, based on the calendar year of 1969: (Section A.of-the'accompanying proposal)
Existing Proposed
Revenue Revenue Increase Increase
$S %
Residential 3,238,489.08 3$545,306.96 306,817.88 9.47
Commercial & Industrial -Small 2,853,267.47 .3,167,558.78 -314,291.31 11.02
Commercial.& Industrial -Large 715,626.16 713,643.04 (1,883.12) (0.26)
Other* 198,016.67 198,i016.67
Total 7,005,299.38 7,624,525-45 619,226.07 8.84
*Other. includes Guard Lights, Irrigation and Street Lighting Services
Ye.would retain $282,636 of the $619,226 as net income. The remainder, or $336,590, would
go to various taxing agencies.
The proposed Residential Service Rate is designed to accomplish the following objectives:
(A) Provide all service, including electric space heating and electric water heating through
a single meter billing. This will provide aconsiderable saving for those customers building new
all-electric,homes or converting their present -homes to totatelectric.�
(B) Recognize the trend to larger use ofresidential service,by adding an additional block
to the schedule which provides the lowest rate for residential service ever offered in Lubbock,
thereby encouraging greater use of.residential service and obtaining for all custom6rs.the--
economies of scale.
(C) Encourage the use of service during the low consumption winter months by (1) revising
the rate for water heating and space heating service; (2).reducing.the'minimum installed kilowatt
requirements for space heating service and by making supplemental space heating service available
under a single meter rate; (3) increasing the heating season from six months to seven; and (4)
introducing a "Level Payment Plan" without contract requirements.
The new Commercial Service Rate included in theaccompanying proposal would:
(A) Raise the basic rate by 10%
(B) Reduce the discount for primary metering (the customer provides the transformer) from
10% to 3%, a figure which more realistically reflects the.cost to the customer.
(C) Incorporate in the Commercial Service Rate an electric heating rider which provides
this class of customer with the single metering and space and water heating rate benefits we
propose for all classes of customers.
The industrial Rate is a standard pricing concept used by.utilities for many years to
emphasize the importance of fairly -priced electric energy for industrial development. To
accomplish this objective it:
(A) Provides for a separation of costs associated with equipment to provide service and
the costs of delivering energy through these facilities. This cost separation provides the large
industrial customer with the opportunity for purchasing energy at the lowest possible cost by
utilizing his equipment efficiently.
(B) Incorporates in the Industrial Rate an electric heating rider which provides this class
of customer with the single metered space and water heating service.
The company plans to assume the costs associated with reworking.its facilities to provide
single meter billing. Under normal circumstances the,customer's.,wiring will not have to be
changed in order•to accomodate single meter billing.
The new rates incorporate two sound business practices., -the fuel cost adjustment and the
tax adjustment.
The fuel cost adjustment recognizes the fluctuations in the cost of fuel and provides the
vehicle for the orderly inclusion in the rate of increases in this major cost as well as pro-
tecting the customer from a fixed increase when there are reductions in fuel costs.
The tax adjustment does not increase the basic rate, but does,provide a means of collecting
the taxes directly related to revenue, namely, sales taxes. It also takes care of possible
increases in these taxes without disturbing the basic rate structure..•' .
The sections in the accompanyingproposalcontain information supporting our request under
the following headings:
Section A - Revenue Increase
A-1 - Recap of increases in Lubbock rates
F-N=
HC
Section C p Rate Base
C-1 Plant dedicated to service for Lubbock
Section D - Operating & Maintenance Expenses
D-1 - Operation and maintenance expense, Lubbock
Section E -, General Taxes
E-1 Lubbock general taxes
Section F Typical Bills
F-1 - Typical residential bills
F-2 - Ty
pical commercial bills,
F-3 - Typical large. commercial. and industrial bills
Section G.- Cost Comparisons
G-1 - Increase in fuel costs - 1951-1969
G-2 - Increase in pay) journeyman lineman
.G-3 prices of typical materials & equipment
G.-;-4 - Analysis of Lubbock -investment and a&valorem. taxes
G-5 --Cost of capital
G-6 - Calculation of interest, earnings and average capitalization
6-7 - Total long term debt
G-8 - Total capital stock
6-9 -.Reduction in employees & operating ratio.comparisons
Section H - Rate Sheets
Thank you.for.your consideration of this request. We await your action, be it further
discussion of the matter or amendment of the electric rate ordinance, incorporating the rates
found in Section,H.
Very:.truly yours,
Isl Royce Kelly
Royce Kelly, Manager
Lubbock District
The City Council considered the above request for an electrical rate increase by Southwestern
Public Service Company. After consideration of all information presented, it was unanimously
agreed that this request be taken un.der.advisement. Councilman Turner was absent at the time
of this action.
71-30-15-35
The City Council considered the claim of Charles R. Ward in the amount of $630.13 for property
(40)
-damage. After consideration of.,.all -information presented, motion was made,by Councilman Hollings
worth, seconded by Councilman Rigsby, motion carried, Mayor,Granberry and Councilmen Rigsby,
Hollingsworth and Baker voting Yea, none voting Nay, to deny this claim for property damage.
Councilman Turner was,absent at the,time of this motion..
71-30-15-36
The City Council considered the claim of Ezma H. Hale in the amount of $500 for personal injury.
After consideration.of all information presented,motion was ' made by Councilman Hollingsworth,
seconded by Councilman Baker, motion carried, Mayor Granbe,rryand•Councilmen Rigsby, Hollingsworth
And.Baker voting Yea, -none voting Nay,...,tp deny this claim for personal injury. Councilman Turner'
was absent at the time of this. motion.
71-30-15-37
Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberr
(42)�
and,Councilman Rigsby, Hollingsworth and Baker voting Yea, none.voting Nay, to pass Ordinance NoJI
6013 on first reading. Councilman*TurInPrwas absent at the time of this motion.
ORDINANCE NO. 6013
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council:,of the City of.Lubbock finds it.is necessary to appropriate
certain specific funds out of bond funds for.an approved project;
NOW THEREFORE,
BE IT ORD&INED BY;THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Airport Reve
Bonds
The sum $7,000.00
For the following purpose,:. -Construct and furnish,underground., cable.for lighting
ighting of Executive
Hangars.of Lubbock new T-hangar,complex.,-(AWO 188)
71-30-15-38 Mr. Al Couch, Director of Public
ic Services.and.Mr. A. C. Hamilton, Director of Parks and Recreati
(45) appeared before the City Council and presented a map showing a plan for the development of Left-
wich Park, located at 66th Street and Gary. Avenue. After consideration of all information
presented, motion was,made by.Councilman Rigsby, seconded by Councilman Baker, motion -carried,
Mayor Granberry and Councilmen Rigsby, Hollingsworth and Baker voting Yea, none voting Nay, that
the general concept of the plan as presented be approved., Councilman Turner was absent at the
ripm
RE
71-30-16-39
Motion was made by Councilman Rigsby, seconded by Councilman Baker,'motion carried, Mayor
(46)
Granberry and Councilmen Rigsby, Hollingsworth and Baker voting Yea, none voting Nay, to authorize
approval of the annual Audit Report of the City of'Lubbock for -the year beginning October 1,
1969, and ending September 30, 1970, made by Bolinger, Segars, Gilbert and Moss CPA, and to
authorize payment to this Firm in accordance with the terms of their contract. Councilman
Turner was absent at the time of this motion.
71-30-16-40
The City Council considered an effective date for revised Auditorium -Coliseum rates. After
(47)
consideration of all information presented, it was unanimously agreed that this rate increase
be referred back to the Auditorium -Coliseum Board for further consideration and recommendations.
71-30-16-41
APPLICATION FOR HIGHWAY SAFETY PROJECT GRANT
(48)
(Breathalyzer Purchase and operator Training)
PURPOSE: This Highway Safety Project Grant is for the purpose of purchasing a Breathalyzer
and thetrainingof six Lubbock Police Officers in its'use. This is a Federal Highway
Safety Act Project Grant which is made possible under the Federal Highway Safety Act
of 1967. It is administered by the Governor's Traffic Safety Administrator, Ross
Rommel in Austin.
The use of the Breathalyzer by the Lubbock Police Department will materially help
the statewide implementation of the implied'consent statute. That is statute of the
State of Texas which provides that upon the refusal of a driver to submit to the
Breathalyzer test his driver's license will be suspended or denied. It will also
allow immediate results as to thesobriety of a driver as well as being admissible in
court as evidence.
ch In 1970 the Lubbock Police Department gave an estimated 25 blood tests which were
administered by the Aubrey Meill Service at a cost of $2.50 per test or $187.50 for
one year. The purchase of the Breathalyzer will elimi ' nAte'this cost to the City of
Lubbock. The Lubbock Police Department also makes use of the Texas Department of
Public Safety Breathalyzer approximately 150 times a year.
COST: The total project will cost $2,680.00 which is divided on a 50-50 basis with the
Federal Government providing $1,340.00 and the City's share being $1,340.00.
The actual cost to the City is divided as follows:
$920.00 (In already existing salaries for personnel; the six officers who will
attend the one week training school in Austin.)
300.00 (For the cost of training six officers for one week at DPS school in
Austin.
120.00 (Towards the purchase 'price, of the Breathalyzer.) $1,340.00 TOTAL CITY SHARE
The actual new cash outlay to the city will be $420.00 while the remainder will be in
$920.00 in already existing salaries.
The Federal'Goverrment'will provide $1,340.00-for-the purchase of the Breathalyzer
and its accompanying equipment.
The City C6uhcil considered making application for Highway SafetyGrant as set out above. After
consideration of all information presented, motion was made by Councilman Hollingsworth, second-
ed by Councilman Rigsby, motion carri.edI.Mayor Granberryand Councilmen. -Rigsby, Hollingsworth,
and Baker voting Yea, none voting Nay-) to''authorize said application be made for these funds.
Councilman Turner was absent at the time of this motion.
71-k-16-42 The following llowing bids were received for the purchase of lubrication and service equipment for the
(49) Sanitation Departmeint,-being Bid No.`1417.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Baker, seconded by
Councilman Hollingsworth, motion carried, Mayor Granberry And Councilmen Rigsby, Hollingsworth,
and Baker voting Yea, none voting Nay, to accept the bid of Plains Pump Company for the purchase
of lubrication and service equipment for the Sanitation Department. Councilman Turner was
absent at the time of this motion.
71-30-16-43 The following bids'were received for the purcha6b of 'fire hydrants and valves for warehouse
(50) stock, being Bid No. 1421.
Bid Tabulation set in Bid Book.
After consideration of all I bids received, motion was made by Councilman Baker, seconded by
councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth
and Baker Voting Yea, none voting Nay, to -accept the bid of M. B. McKee Co. for the purchase of
Items 1-18 and 20-22 and accept the bid of Western Industrial Supply.Co., Amarillo, for the
purchase of Items 19 and-23.'i,.Councilman Turner was absent at the time,of this motion.
71-30-'16-44 The following bids were received for the purchase of automobiles (30 for the Police Department
(51) and 23 for various departments), being Bid No. 1425.
Bid Tabulation set in Bid Book..
9 M01
M
717
71
After consideration of all bids received, motion was made by Councilman Baker, seconded by
Councilman Hollingsworth, motion carried, Mayor Granberryoftnd Councilmen Rigsby, Hollingsworth
and Baker voting.Yea, none voting Nay, to accept the bid/University Dodge Sales, Inc. for the
purchase of item I and accept the bid of Pollard Friendly Ford for the purchase of Item 2.
Councilman Turner was absent at the time of this motion.
71-30-17-45 The following bids were received for the purchase of 12'_-inch.�16ast iron pipe for warehouse stock,
(52) being Bid No. 1426.
V
Bid Tabulation set .in Bid Book.
After consideration of all bids received, motion was made by Councilman Baker, seconded by
Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth
and Baker voting Yea, none voting Nay, to accept the bid of Lone Star. Steel Co., Dallas, for
the purchase of cast iron pipe for warehouse -stock., Councilman Turner was absent at the time
of this motion.
71-30-17-46 The following bids were received.for the.purchase of a truck equipped with hydraulic derrick and
(53) stake bed for Traffic Engineering, being Bid No, 1431.
Bid Tabulation set in Bid Book;
After consideration..of all bids received', motion was made by Councilman
uncilman Turner, seconded by
Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker
and Turner voting Yea, none voting Nay, to accept, the bid of Utility Equipment Company, Oklahoma
City, for the purchase of a truck equipped with hydraulic derrick and stake bed for Traffic
Engineering.
71-30-17-47
(54)
71-30-17-48
(55)
71-30-17-49
(56)
The following bids were received for the purchase of 3 and 5 gang mowers for the Park and
Recreation Department, being Bid.No. 1435.,
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by.Councilman Baker, seconded by
Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen,Rigsby, Hollingsworth,
andrBaker voting Yea, none voting Nay, to accept the bid of Colonial Motors, Dallas, for the
purchase of gang mowers for the,Park and Recreation Department. Councilman Turner was absent at
the time of this motion.
The following bids were received for the.. purchase, of miscellaneous electric items for warehouse
stock, being Bid No. 1441.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Baker, seconded by Counc
man Hollingsworth,�motioh,carried.i-Mayor Granberry and Councilmen Rigsby, Hollingsworth and Bake
--voting Yea, none voting Nay, to accept the bid of Nelson Electric Supply Company for the purchas
of Item 1; accept the bid of Southwestern Electric Supply Co. for the purchase of Item 2; accept
the bid of Westinghouse Electric Supply Co. for the purchase of items 4 and 6; accept the bid of
Graybar Electric Co., Amarillo, for the purchase of Item ' 5. Tie bids were received from Temple
Inc. and Westinghouse Electric Supply Co. for the purchase of Item 3. Lots were drawn and the b
of Westinghouse S.upply Co. was accepted for the purchase of Item 3. Councilman Turner was absen
at the time of this motion..
The following bids were received for the purchase of envelopes for the Utility Collections
Department, being Bid No. 1443.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made. by Councilman Baker, seconded by
Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen,Rigsby, Hollingsworth
and Baker voting Yea, none voting Nay, to accept the bid of Hesse Envelope Company, Dallas,
for the purchase of envelopes for the Utility Collections Department. Councilman Turner was
absent at the time of this motion.
71-30-17-50. .The City Council considered the purchase of additional right-of-way on the west side of Universi
(27) Avenue an 47th Street. Motion was made by Councilman Hollingsworth, seconded by Councilman Turn
motion carried, Mayor Granberry and Councilmen Rigsby,,Hollingsworth, Baker and Turner voting
Yea, none voting Nay, that the following Resolution be passed authorizing the Mayor to execute
a Sales Contract in favor of Evelyn Louise Eby Wilder for the purchase of this right-of-way.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a.Sales Contract in favor of Evelyn Louise Eby Wilder,
attached herewith which shall be spread upon the minut,es.of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail''
Passed by the City Council this 14th day of January, 1971.
ATTEST: /% J. H. GRANBERRY, OR
T
31
18
SALES CONTRACT '
This contract of sale has been entered into be and between EVELYN LOUISE EBY WILDER of
Denver County, Colorado, hereinafter called "SELLER"; and.the CITY OF LUBBOCK, a Home
Rule Municipality, of Lubbock County, Texas,.hereinafter called "BUYER'.'.
WITNESSETH:
The SELLER agrees to sell to the BUYER, and the BUYER agrees to purchase, upon the terms
and provisions hereof, the following described.real property, situated in Lubbock County, Texas,
to -wit:
All of Lot Nineteen (19) of the Lortondale.Addition, Installment No. 2, an addition'
to the City of Lubbock, Lubbock County, Texas, according to the map or plat thereof'
filed for record in the Office of the County Clerk of Lubbock County, Texas.
The purchase price agreed upon for the purchase of the above described property is SEVENTEEN
THOUSAND FIVE HUNDRED AND NO/100 ($17,500.00) DOLLARS, to be paid.in cash upon the.consumation of
the sale as provide&.hel`ow.
The SELLER agrees to furnish BUYER an Owner's'Policy of .Title Insurance (to be purchased at
BUYER'S expense) tax certificates showing no delinquent taxes (current taxes, insurance and
rents, if any, to be prorated to date of closing) -a General Warranty Deed to be recorded at
BUYER'S expense, conveying good and marketable title,.subject only to.the following: the right
of SELLER to remove personal property not attached to the improvements.
Owner's Policy of Title Insurance is to be furnished hereunder, the same is to be delivered'
as and when the sale is.closed, which shall be within fifteen (15) days from date hereof unless
attorneys for said Title Company discover objections to title, in which -case sale is to be
closed when objections are removed, provided the objections are removed within a reasonable
time, which in no event shall extend beyond thirty (30) days from date hereof. It is agreed
that by the delivery of Owner's Policy of Title Insurance (form prescribed by State Board of
Insurance of the State of Texas) under the terms.of this contract, dates as of the date of
closing and issued to BUYER in the amount of the total sales price, guaranteeing BUYER'S title
to be good and indefeasible subject only to the foregoing exceptions, if any, and. the following
1. -Restrictive covenants affecting the land,described or referred to above.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments, or any overlapping of improvements.
3. All taxes for the current and aubsequent years.
4. Rights of parties in possession.
all duties of the SELLER -as to the sufficiency of title required hereunder shall be deemed to
owever, SELLER shall not -thereby be released from the warranties
be fully performed by SELLER; h
of his deed.
Time is of the -essence of this contract.
Upon failure of either party hereto to'comply herewith, the parties may at their option
declare this contract null and void or enforce specific performance of the same. In addition,
if title is found objectionable and is not cleared within the time provided, BUYER.may declare
the contract null and void or enforce specific performance hereof or seek such other relief as
may be provided by law.
The SELLER will give immediate possession of the.premises upon closing of sale.
Executed in Multiple copies this 14th day of January, 1971:
BUYER:
ATTEST
Lavenia Lowe, City Secret ry-Treasurer
CITY or BOCK
J. , OR
SELLER:
NO FURTHER BUSINESS COMING UP YOR CONSIDERATION, THE.CITY COUNCIL A D FROM REGULAR
MEETING, _January 14, 1971-.
ATTEST:
Laveni Lowe, City Sec tary-Treasurer
19
JAN 14 1971
READ AND APPROVED THIS THE 28TH DAY OF JANUARY, 1971.
ATTEST
-'i
Lavenia Lowe, Ci Secretary -Treasurer
F-
Fill"
J W: GRANBERRY,