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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/11/197175 MAR 11 1971 71-30-75-205 1 (1) 71-30-75-206 (2) 71-130-75-207 (3) 71-30-75-208 (4) 71-30-75-209 (10) 71-30-75-210 (11) March 11, 1971 REGULAR CITY COUNCIL MEETING The City Council:of the City of Lubbock 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 0. Senter, Jr., Administrati, Assistant Larry Cunningham, and City Secretary -Treasurer Lavenia Lowe. Absent: Assistant City Manager Robert Wilson. The invocation was given by Councilman Lonnie F. Hollingsworth. The Pledge of Allegiance to the Flag was given in unison by those present in the Council I Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held February 24, 1971; Regular Meeting held February 25, 1971; Special Called Meeting held March 3, 1971. Motion was made by.,Councilman Baker, seconded by Councilman Turner, mot . ion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize approval of Minutes4%of Accounts Allowed for the months of January and February. LIST OF CHECK NUMBERS ACCOUNT NAME General Fund Water Revenue Fund Water Capital Projects Water Pro Rata Airport Revenue Fund Airport Interest & Sinking Fund Airport Capital Projects Working Capital Fund Fire Station Fund Storm Sewer Fund Street Improvement Fund Street Light Fund Park Fund. Sanitary Sewer Fund Sanitation, Trash & Garbage Disposal Fund Bond Retirement & Reserve Fund (Water) Bond Retirement & Reserve Fund (Electric) Interest & Sinking,,,Fund Water Treating &.Softening Plant Construction Trust and Agency Fund Sewer Pro Rata Fund Personal Appearance Bond Fund Capital Projects Fund Electric Revenue Fund Computer Vouchers,, Maintenance Equipment & Storage Storm Sewer Drainage Municipal Warehouse Traffic Light 0 Vouchers checked by Councilman Jack Baker, March 10, 1971. (January and February) 2529-3624 5495-5676 2167-2211 2053 5795-5881 27-29 .104-117 5094-5672 306 976 2470-2472 .773 1482 1152-1155 35-38 41-44 37-39 326-331 None 307-309 1368 271-308 1-38 9567-9819 10000-10825 1 7 .5 595" Mr. Truett Davis, representing enting Research Fuels, Inc., appeared before the City Council and introduced Mr. Harold DeMoss, Jr.,-.of,Houston. Mr. DeMoss presen'ted.a request to install a mobile fuel dispensing unit in local shopping centers. Mr. Joe Horkey o I f Shell Oil Company and Mr. Sam Strong appeared befdre the City Council and spoke in,opposition to this request. After consideration.of all information presented, this request was taken under advisement. Mr. -Charles Verner; Chairman of the Citizens Advisory Commission, appeared bef6re the City Council and discussed modifications to the Economic Development Administration grant. Dr. Jack Steele., I! from Texas Tech University, also spoke in regard to these modifications. Dr. Steele presented il a proposal for "A Socio-Economic Base Study for Lubbock County.". After consideration of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried,,Maypr,Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting iE Yea, none voting Nay, to authorize acceptance of this proposal as set out below. Proposal set in on Page 74B. 71-30-76-211 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (12) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6041 on second and final reading. ORDINANCE NO. 6041 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: VARIOUS (See-, listing below) The sum $33,250 For the following purpose: To charge financial advisor's fees, legal fees, bond prospectus cost, .and other costs related to sale of 1971 General Obligation Bonds. Costs to be pro rated to the various purposes: Airport 32% Sanitary Sewer 4% Canyon Lakes 14% Storm Sewer 3% Library 3% Street Improvement '1"67. Memorial Civic Center 19% Waterworks 3% Parks 6% 71-30-76-212 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (13) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6042 on second and final reading. ORDINANCE NO. 6042 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: Library Bond Funds The sum $76,000 For the following purpose: Architectural services in connection with Central Library Building within concept of Phase 1. 71-30-76-213 Motion was made by Councilman Baker, seconded.by Councilman Rigsby,'motion carried, Mayor (14) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6043 on second and final reading. ORDINANCE NO. 6043 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: Civic Center Bond Funds The sum $363,000 For the following purpose: Architectural services to build a Memorial Civic Center excluding a, library. facility.- 71-30-7.6-214 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (15) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting'Yea, none voting Nay, to pass -Ordinance No. 6044 on second and final reading. ORDINANCE No. 6044 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: Memorial Civic Center Bond Funds The sum S20.000 7_1 71-30-77-215 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (16) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, 'to pass Ordinance No. 6036on second and final reading. ORDINANCE NO. 6036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1712: CHANGE LOTS 14 AND 15, BLOCK 1, AND LOTS 6 AND 7, BLOCK 2, PORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R7,1'1 TO A "C-4" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-77-216 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granber (17) and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6037 on second and final reading. ORDINANCE No. 6037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK , SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1714: CHANGE LOT 13, BLOCK 15, VANDELIA VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-1" ZONING DIS- TRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-77-217 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor pi (19) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, Ef to pass Ordinance No. 6039 on second and final reading. ORDINANCE No. 6039 fl AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF THE NORTH -SOUTH ALLEY AND THE EAST -WEST I ALLEY IN BLOCK 120, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE' PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH ALLEY AS AFORESAID. 71-30-77-218 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (20) Granberry and Councilmen Rigsby, Hollingsworth, Bakgr,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 Quit Claim Deed in favor of the County of Lubbock, attached herewith which shall be spread upon th e*minutes of the�Council and as spread upon the minutes of this Council shall constitute apd,be-p part of this Resolution -as if fully copied herein in detail:, Passed by the City Council this Ilth day of March, 1971. "OF ATTEST: V/40 Lave n fg('LW,t1`6y y Tre a s ur e r APPROVED AS TO FORM: Isl Fred 0. Senter-, Jr. Fred 0. Senter, Jr., City Attorney 2UIT CLAIM DEED THE STATE OF TEXAS X COUNTY, OF, LUBBOCK X J. H. GRANBERRY, r OR KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS * and other good and valuable consideration to it in hand paid by the COUNTY OF LUBBOCK, Texas, the -receipt of which is hereby acknowledged and confessed, does hereby ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto th said COUNTY OF LUBBOCK, all its right, interest and title in and to that certain tract of land lying and being situated in the County of Lubbock, State of Texas, de . scribed as follows, to -wit,.: TRACT 1 BEGINNING at the Southwest corner of Lot 5, Block 120, Original Town Addition, Lubbock, Texa THENCE South a distance of 20.0 feet to the Northwest corner of Lot.6, Block 120, said addit THENCE East a distance of 270.0 feet to the Northeast corner,of Lot 15, Block 120, said addition, THENCE . North a distance of 20.0 feet to the.Southeast corner of - Lot -16, Block 120, said addition, `THENCE West a distance of 270.0,feet to.the POINT OF BEGINNING. 2 TRACT II BEGINNING at the Northeast corner of Lot-6, Block 120, said -addition,' THENCE South a distance of 125.0 feet to the Southeast corner of Lot 10, Block 120, said addition; THENCE East a�distance of 20.0 feet to the.Southwest corner of Lot 11, Block 120, said addition, THENCE North a distance of 125.0 feet to the Northwest corner of Lot 11, Block 120, said addition; THENCE West a distance of 20.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD THE said premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said COUNTY OF LUBBOCK, its legal representatives, successors,and assigns, not any person or persons claiming under it shall, at any time, hereafter, have,: claim, or demand any tight to:title to the Aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND, at Lubbock, Texas, this llth day of March, 1971. ATTEST- Af Lave Aia Lowe, City ' SecreLary-Traasurer APPROVED AS TO FORM: Isl Fred O. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF OCK J.Ir. GRANBERRY,7116R 71-30-78-219 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Gran- (21) berry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 5999 on second and final reading. ORDINANCE NO. 5999 AN ORDINANCE ABANDONING~AND CLOSING ALL OF THE EAST -WEST ALLEY LOCATED IN BLOCK 2, MILTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO.INDICATE THE CLOSING AND ABANDONMENT OF SUCH ALLEY AS STATED. 71-30-78-220 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (21a) 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 6qth6rized.and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Buck's Irrigation Company, Inc., 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of March, 1971. ATTEST LaveLa Lowe, City §�ecteAary-Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED J. H. GRANBERRY, WYOR THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of''the sum of ONE AND N01100 ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by BUCK'S IRRIGATION COMPANY, INC.; a Texas Corporation of Lubbock County, Texas, the receipt of which is hereby acknowledged and confessed, does hereby ABANDON, DISCLAIM, RELEASE AND FOREVER�QUIT CLAIM unto the said BUCK'S IRRIGATION COMPANY. INC., 9 All of the East-West alley located in Block 2,'Milton Addition, City -of Lubbock, Lubbock' County, Texas. TO HAVE AND TO -HOLD the said premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said BUCK'S IRRIGATION COMPANY, INC., a Texas Corporation of Lubbock'County, Texas, its legal representatives, successors and assigns, nor any person or persons claiming under it shall, at any time hereinafter, have, claim, or demand any right to title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this�llth"day of March, 1971. z CITY 0 BOCK'' i' r J . '. __"GRANB ERRY , YOR ATTEST: i Lavenia Lowe, City Secretdry'-Treasurer UTILITY EASEMENT i THE STATE OF TEXASI KNOW ALL MEN�BY THESE PRESENTS: COUNTY OF LUBBOCK I b THAT BUCKS IRRIGATION COMPANY, INC., a Texas Corporation of Lubbock County, Texas, acting I herein by and through its duly authorized President, for and iri consideration of the sum of ONE AND NO/100 f($1.00) DOLLARS and other good and valuable consideration to it in hand paid by the CITY OF LUBBOCK, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED and by these presents does GRANT, SELL AND CONVEY to the CITY 4F LUBBOCK, a Home Rule Municipal I Corporation of Lubbock County, Texas, its successors and assigns, a perpetual and permanent easement and passageway in, on, over, under, -through and across all of that certain parcel of property situated in Lubbock County, Texas, and more fully described as follows, to -wit: BEGINNING at the Northwest corner of Lot 2-F, Block 2, Milton Addition to the City of Lubbock Lubbock County, Texas; THENCE East a distance of 630.19 feet to the Northeast corner of Lot 2-A, Block 2, said Addition; k THENCE Northwesterly a distance of 20.0 feet to the'Southeas"t corner of Lot 1-A, Block 2, said Addition; THENCE West a distance of 626.01-feet to the Southwest corner of Lot 1-F, Block 2, said Addition; s THENCE South a distance of 20.0 feet to the POINT OF BEGINNING. t Said -easement as herein granted being for purposes which include but are not limited to constructing, reconstructing, repairing, patrolling, inspecting and perpetually maintaining any and all types of water lines, sewer lines, gas lines, telephone and telegraph lines, electric transmission lines and any other type.o.f public utility, whether names herein or not, and which easement includes at all times and seasons 'the right of ingress, egress, and regress of motor vehicles and personnel engaged either in such construction, reconstruction, repairing, patrolling inspection or the reading of meters. I i In order to assure the said City of ,Lubbock, its successors and assigns, of continuing access and enjoument of said easement, the said Buck's Irrigation Company,•Inc., does expressly agree not to erect, build or otherwise allow to be constructed any building or like permanent structure! over the said property heretofore described and should such building or structure be erected, it is understood that the said City of Lubbock shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the City of Lubbock, its successoz and assigns, and any and all public utilities now or hereafter franchised by the City of Lubbock to use the City Streets and Alleys, for so long as the public uses the same for the purposes here! granted. WITNESS MY HAND this llth day of March, 1971 BUCK'S IRRIGATION COMPANY, INC. BY /s/ P. D. Cunningham iTTEST: /s/ J. M. Cunningham Secretary 71-30-79-221 Mr. Lonnie F. Hollingsworth, City Councilman, appeared before the City Council to make disclosure (23). of ownership of property located in the NDP area, beinga part of Block 46, Roberts and McWhorter Addition. Motion was made by:Councilmerf Turner, seconded by Councilmen Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize acceptance of this disclosure by Mr. Hollingsworth. k Z 71-30-80-222 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (24) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize approval of the price and conditions for the disposition of six additional parcels of land in the Urban Renewal, Area. These parcels areas follows: ITEM NO.. ..PARCEL REDEVELOPER PRICE REDEVELOPMENT 34 All of 5B-17-6 Luis Estreda $2,900.00 Single-family 35 (E 58.6.) Aniceto Garcia Hernandez $1,240.00 Single -Family 316 5F-3-1 (N. 50') Juanita Garcia $1,125.00 Single -Family 37 5F-3-7 (S 50' of Martin Alvarado $1,125.00 Single -Family N 130') 38 5F-3-7 (N 80') Eduardo C. Alvarado $1,800.00 Single -Family 39 5F-4-7 (S 60' of Pedro M..Esqueda $1,475..00 Single -Family N 170') 71-30-80-223 RESOLUTION (25) RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK CONCERNING THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT. WHEREAS., the City of Lubbock and the Urban Renewal Agency have certain responsibilities in executing the Memorial Center Complex Project, No. Tex. R-138(C), and WHEREAS, said responsibilities have been specifically enumerated and set forth in a Cooperation Agreement which is required to be executed prior to the Federal Government offering a Loan and Grant Contract in connection with said project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THAT: The Mayor be and is hereby authorized to execute said Cooperation Agreement, attached here- to and made a part hereof, by and between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock,, said execution to be attested by the City Secretary -Treasurer. On motion of Councilman Baker, seconded by Councilman Turner, the above and foregoing Resolution was..passed,this Ilth day of March, 1971,,,by the following vote: Councilmen voting "AYE": Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner Councilmen voting "NAY": None J. H. GRANBERRY YOR ATTEST Lavenfa Love, City 'Secret lary-Treaslurer APPROVED AS TO FORM: Isl Fred 0. Senter., Jr. Fred 0. Senter, Jr., City Attorney COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY i, OF THE CITY OF LUBBOCK ' WITH RESPECT TO MEMORIAL CENTER COMPLEX NO. TEX R-138(C) -This agreement made and entered into by and between the.Urban Renewal.Agency of the City of Lubbock (hereinafter called Agency) and the'.City of Lubbock, a municipal corporation (herein- after called the City,) WITNESSETH: WHEREAS, the Agency is a public body corporate and politic, created by the Urban Renewal -Law of the State of Texas (Article 1269 1-3 R.C.S. of Texas) and is transacting business and exercising the powers granted by said law; and WHEREAS, the Agency proposes with the aid and cooperation of the City to undertake and carry out an urban renewal project in the City (hereinafter called the Project) in accordance with the Urban Renewal Plan therefor approved by the Council of said City, the effective date of such approval being February 25, 1971, and pursuant to the provisions of said Urban Renewal Law of Texas; and WHEREAS, the Agency proposes, in carrying out the Urban Renewal Plan far said Project, to acquire that property and improvements as provided in and by said Urban Renewal Plan; and WHEREAS, the Agency proposes to enter into a loan and.grant contract with the Secretary of the Department of Housing and Urban Development, an Agency of the United States of America, providing for financial assistance pursuant to Title I of the Housing Act of 1949, as amended, M �11 71-30-80-223 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carries, Mayor (25) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. 80B MAR 11 1971 EXHIBITS "A" AND "B" DESCRIPTION OF PROJECT 1. Boundaries of Urban Renewal Area: GENERAL BOUNDARY DESCRIPTION MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT TEX. R-138 (C) LUBBOCK, TEXAS BEGINNING AT A POINT, said point being the intersection of the westerly right-of-way line of Avenue K and the southerly right-of-way line of Fourth Street; said point also being the Northeast Corner of the Memorial Center Complex Urban Renewal Project Tex. R-138 (C), THENCE, in a southerly direction along the westerly right-of- way line of Avenue K and along the easterly line of Blocks 5, 21, 37. 53, 69, and 85 of the Original Town of Lubbock, Texas a distance of 1,987 feet more or less to the southeast corner of Block 85 of the Original Town of Lubbock, Texas; said point also being the intersectio) of the westerly right-of-way line of Avenue K and the northerly right- of-way line of Tenth Street. THENCE, in a westerly direction along the northerly right-of-way line of Tenth Street and along the southerly line of Blocks 85, 84, 83, 82, and 81 of the Original Town of Lubbock, Texas a distance of 1505 feet more or less to the southwest corner of Block 81 o-f the Original Town of Lubbock, Texas; said point also being the intersectic of the northerly right-of-way line of Tenth Street and the easterly right-of-way line of Avenue P. THENCE, in a southwesterly direction a distance of 32 feet more or loss to a point; said point be-ing the sout.he:ist earner of I,ot 24 of the E.P. Earhart Subdivision of the City of Lubbock, Texas; said point also being the intersection of the northerly right-of-way line Tenth Street and the westerly right-of-way of Avenue P. THENCE, in a westerly direction along the northerly right-of-way line of Tenth Street a distance of 600 feet more or less to its point of intersection with the easterly right-of-way line of Avenue Q;. 2_1 A 1. A loan or loans in an amount sufficient to enable it'to defray the gross cost of the project, but in the amount of at least $13,,496,691. 2. A project capital grant in the amount of at least $7,666,091. 3. A Relocation Grant in the amount of at least $2,580,600. WHEREAS, the,City desires to provide."Local Grants -in -Aid" in connection with said Project and has heretofor indicated its intention to do so in an Ordinance approving said Urban Renewal Plan for said Project: NOW THEREFORE, in consideration of the.mutualcovenants hereinafter set forth, the Agency and the City agree: 1. The Agency agrees.to proceed, diligently and forthwith, with all necessary action, work and undertakings to carry out the proposedandapproved Urban Renewal Plan in the Proje Area described by metes and bounds on Exhibit "All attached hereto and made a part hereo and to carry out and fulfill the proposed Loan and Grant Contract between it and the United States of America) acting by and through the Secretary of the Department of Housing and Urban Development, such Project Area -being identified as the Memorial Cente ComplexUrbanRenewal Project, No. TEX R-138(C), situated in the City of Lubbock, Lubbock County,*Texas.- `2. The City agrees to provide "Local grants -in -did" and to cooperate otherwise in the unde taking and completion of said Urban .Renewal Project and to take such action as may be required to vacate streets, alleys and utility and drainage easements; to accept dedica tion of other areas for streets, alleys, parks, utility and drainage easements as may be necessary and proposed in said Plan for said Urban Renewal Project, and to zone and re -zone the Project properties in accordance with said Urban Renewal Plan therefor so far as the City may legally do so. 3. The City recognizes that, under Federal Law, the locality must provide one-third (1/3) of net costs of Projects and hereby agrees, as far as it is able within its charter and applicable laws, to contribute cash ,,or non -cash grants-in-aid in such additional amoun or amounts as shall be required from time ' to time in order to make it possible for the Urban Renewal Agency of the City of Lubbock to earn the full capital grant in Federal Funds in connection with such Project. In this connection the City agrees to do the following including necessary engineering and other contingencies, at its cost; A. Proposed Non -Cash Grants -in -Aid, Land Purchase for Convention Center Facilities. Land Acquisition for Convention Center Facilities by City 2,016,000 S.F. @ .496 $1,000,000 @ 25% = 250,000 NCGIA Land Cost: From Homer Akins - Appraiser First Reuse Appriasals. B. All Convention Center Facilities will be installed by City as Non Cash Grant -in -Aid.; To be installed by the City of Lubbock in the Memorial Center Complex Urban Renewal Project Tec. R-138(C). 1. Publicoff street parking 225,000 @ 100% = 225,000 2. Library 1,100,000 @ 25% 275,000 3. Landscaping 250,000 @ 100% = 250,000 4. Meeting Room Facilities 2,850,000 @ M 712,500 5. Theatre 600,000 @ 257. = 150,000 6. Information Center 580,000 @ 25% = 145,000 7. Day Care Nursery 200,000 @ 100% = 200,000 8. Youth Center 330,000 @ 25% = 82,500 9. Central Heating & Cooling Plant 500,000 @ 100% = 500,000 Total Improvements by the City of Lubbock = 6,635,000 for Non Cash Grant -in -Aid of 2,790,000 Because the program for the Convention Center facilities has not been finalized, some of the above mentioned facilities may change; but in any event the City of of Lubbock agrees to provide non -cash 1Grants,-in,-Aid.a1t least in the amount of $2,790,000 4. The City agrees to contributecashin the amount of $1,016,971 to provide its one-third (1/3) of net costs of projects. It shall be paid in five annual installments, the first, `installment of $203,394.20 to be paid on or before the date on which the LPA-becomes eligible for the first project capital grantprogresspayment.-. The second, third and fourth installments of $203,394.20 shall be paid annually from date of the first payment] The fifth payment of $203,394.20 shall be made at least,three--months prior to the closini out of the project.. Should the financing plan be revised after execution of the Loan and Grant Contract and upon approval of such plan by D.H.U.D. the City of Lubbock understands that in a new -'I-- -I-- ___U _­ I. --A..--A - -14-4-4-A .-A 9 5. It is further understood and agreed that the public facilities and improvements herein above stipulated to be provided by the City of Lubbock will be undertaken and completed in such order and sequence and at such dates as will permit the prompt and orderly undertaking and completion of the proposed urban renewal project by the Urban Renewal Agency, and in any event the construction of any such improvements shall start prior ,.to closing of the project,:_, 6. The City agrees to maintain and repair all public facilities or improvements which the City may provide in the Project area under the terms of this agreement, as well as those which the Agency may provide in the area, and any other public facilities or improvements which may be located or constructed in the Project area, in the same manner and.to the.same extent that similar facilities and improvements located in other areas of the City of Lubbock are maintained and repaired by the City. If there are no similar facilities, the City agrees to maintain and repair such facilities or im- provements to the extend and in a.manner�(I)- necessary to.prevent deterioration, (2) conductive to the preservation of aesthetic -beauty, sightliness and desirability and (3),consistent with the safe and pleasant -use by the public of such facilities and improvements. 7. The City of Lubbock recognizes that Title VI -of the Civil Rights Act of 1964 and the regulations.and policies of,the-Department of Housing and Urban Development effectuat- ing the Title prohibit discrimination -of the ground -of sex, race, color, or national origin in the policies and practices of any public facility, educational institutions, or hospital responsible for proposed credit to the Locality's share of the cost of an urban renewal project receiving the financial assistance from the United States and the Secretary of the Department of Housing and Urban Development that the facilities described in -Paragraph number 3 hereof as i well as any other facilities which may be in any way owned, operated, or.sponsored by the Citywill'be available to and serve all persons without regard to race, color or national origin. 8. The Agency agrees to sell to and the City of Lubbock agrees to purchase all of Parcel 4-1 as designated.on the Land Disposition Map attached hereto as Exhbiit B of which the estimated disposition price is $1,000-,000, however, the actual purchase price shall be that determined by two independent appraisals. The Agency agrees to convey all such parcels by a general warranty deed after purchase, demolition and clearance by the Agency. When these parcels of land are.made available.to the City for redevelopment in accordance with the Plan the City agrees to enter into a Redevelopment Contract which will contain all the required covenants and restrictions necessary to comply with the Housing Act of 1949, as amended. 9. The City of Lubbock agrees to sell Parcels 4 and 5, Block 53 of the Original Town Addition to the UrbanRenewalAgency, of which the estimated acquisition price is $64,375, however, the actual purchase price shall be determined by two independent appraisals. 10. The City of Lubbock hereby agreQs.,.to accept from the Agency all parcels or portions of parcels of land as designated on Exhibit SD IX Land Disposition Map attached hereto as Exhibit "B", in dedication for public.Right-of-Way.for purpose of street reconstruc- tion or widening. 11. The City further agrees to cooperate with the Agency in all respects to such extent as may be necessary and required in order to bring the Memorial Center Complex Urban Renewal Project No. TEX R-138(C) to its final and successful completion. EXECUTED IN DUPLICATE ON THIS THE Ilth day of March, 1971. CITY OF Lyom BY: MAYOR A TTEZ__J_ �7 '* 1OVenla Lowe, Vi t*Yeretary APPROVED'AS TO FORM AND LEGALITY: -Isl Fred 0. Senter, Jr. URBAN RENEWAL AGENCY OF THE CITY Fred 0. Senter, Jr., City Attorney OF LUBBOCK BY Isl Duncan E. Wilson Chairman of the Board ATTEST: Isl H. 0. Alderson Secretary EXHIBIT A AND B SET -..IN ON PAGE .808. .71-30-82-224 The City Council considered.the.request of Mr. Ken Flagg to pave only the west one-half of (2'6) Chicago Avenue, from the alley north.of 2nd Street to the alley south of 3rd Street. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Hollingsworth., motion carried, Mayor Granberry -,and Councilman Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,.to grant this request. 711 L"ji 71-30-83-225 Motion was made by Councilman Rigsby, seconded by -Councilman Baker, motion carried, Mayor (27) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, heretofore the City of Lubbock passed Ordinance No. 4657, such Ordinance being recorded in Volume 1034, Page 347 of the Deed Records of Lubbock County, Texas, and such Ordinanc assessed a.lien . upon property abutting certain streets described therein; and, WHEREAS, the improvementsabutting the below described property were paid for by the City of Lubbock in exchange for street right of way needed by the City; and, WHEREAS, it is expedient to remove the cloud and apparent lien placed upon the title of the property abutting the streets to be improved which were included in the sub -unit hereinafter listed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a paving release for the following sub -unit at the location specified as set out in Ordinance No. 4657, which sub -unit being released is described as follows: Unit 21 37-1 Quaker Avenue from 18 feet South of the South property line of 51st Street (West Le to 5.50 feet South.of the South property line of the alley South of 55th Street (West Leg). The below described lot only to be released: BEGINNING at a point 660 feet South and 45 feet East of the Northwest corner of Section 8, Block E-2, Lubbock County, Texas; THENCE South 280 feet; THENCE East 135 feet; THENCE North 280 feet; THENCE West 135 feet to the POINT OF BEGINNING. SECTION.2i THAT the City Secretary of the City of,Lubbock is authorized and directed to attest the Release for. the City of Lubbock. SECTION 3.. THAT such release shall.affect only propzerty abutting on streets included in the sub-uni-t above mentioned as embodied:.in Ordinance No. 4657 of the City of Lubbock and such releas shall release only the property specifically described therein. Passed by the City Council this llth day of March, 1971. J. H. GRANBERRY, ATTEST-.% A 0 Lave'nia Lowe, C7iTy__S_e_c_rTt_ary-Trea8urer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE'OF TEXAS PAVING RELEASE COUNTY OF LUBBOCK WHEREAS, heretofore, on April 8, 1965, the City of Lubbock passed Ordinance No. 4657, such instrument being recorded in Volume 1034, Page 147, of the Deed Records .of Lubbock County, Texas,'` such Ordinance containing a notice of improvements and apportionment of costs of such improvements, by assessing a lien upon the property abutting hereon, arid, in such.Ordinance there was included paving assessments for certain hereinafter described Paving Sub -Units or Leaveouts; and, WHEREAS, under such Paving Sub -Units or Leave-buks, such :improvements have created no lien or liens against the property assessed pursuant to said Paving Sub -Units or Leave -outs, by reasoni of the fact that such paving improvements have been paid by the City of Lubbock in exchange for street right of way needed by the City, and it is expedient to remove the cloud and apparent lien] placed upon the title of property abutting the street as aforementioned; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, acting by and through its officers heretofore duly authorized in consideration of the premises, does hereby and by these presents,RELEASE; RELINQUISH AND FOREVER QUIT CLAIM to the owner or owners of the property affected by .the paving assessment liens herein - above mentioned, their heirs, administrators, executors and assigns, all right, title and interes the City of Lubbock may have in and to all these lots, tracts or..parcelsof land being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: 'Unit 2137-1. Quaker Avenue from 18 feet South of the..South property line of 51st Street (Wes Leg).to 5.50 feet -South -of the South property -line of the alley South of 55th Street (West Leg). The below described lot only to be released: THENCE South,280 feet; THENCE East 135 feet; THENCE North 280 feet; r THENCE West 135 feet to the POINT OF BEGINNING. This Release affects only the property hereinabove described and in no way affects any , property of liens not specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expresslY retained. EXECUTED this llth day of March, 1971. CITY OF LUB OCR R ATTEST: Lavenia Lowe,' City Se ary-Treasurer 71-30-84-226 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor (2g) Granberry and Councilmen Rigsby, Hollingsworth, Baker and. Turner voting Yea, none voting Nay, that -the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with"the paving requirement provisions of City Ordinance 1331, the subdivider of Holiday Park Addition, made arrangements with Don Meador for the construction of street dedicated in said subdivision under the provisions of paving improvements on a certain he subdivision plat of Holiday Park Addition including said Ordinance prior to the recording o'f t the following street: Toledo Avenue from its intersection with the North Paving Line of 4th Street to its intersection with the North Curb Line of the cut -de -sac North'of 4th Street, known and designated as New Subdivision Unit Number 1853. AND WHEREAS; the construction of the above improvements on the abovementioned street was performed under the supervision of .the City Engineer, and said improvements have been completed' found to have been constructed in accordance with City sp and have been inspected and, ecifications and in accordance with the provisions of City Ordinance 1331. I THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. j That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of don of the cost and to release escrow money. the City's par I II. This resolution shall take effect and be in force from and after ssage. PASSED AND APPROVED THIS 11TH DAY OF MARCH, 1971. J. H. GRANBERRY$ OR I . ATT T: B i L venia Lowe, 'ity Se retary APPROVED: /s/ Wilford D. Watson, Wilford D. Watson, City Engineer APPROVED: I Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney i March 11, 1971 and Cit Council Honorable Mayor y Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Don Meador, paving contractor, under his contract with the subdividers of Holiday Park Addition and find,the improvements on Toledo Avenue from 4th Street to -the cul-de-sac North of 4th Street as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend �4n& navment to the 71-30-85-227 (29) 71-30-85-228 (30) 71-30-85-229 (31) 71-30-85-230 (32) CONSOLIDATED FINAL ESTIMATE Holiday Park Addition Accepted March 11, 1971 Unit S.Y. L.F. Rein- S.Y. L.F. Paving Sub -Unit Location 9" Base L.F. forced Erosion L.F. Ditch C & G .30" Gutt. Pad C.M.P. Excay. NS. 185.3 Toledo Avenue from the North Paving Line of 4th Street to the North Curb Line of the cul-de-sac North of-4th Street 4260.29 663,.24 277.68 13.76 80.00 400.00 COST ESTIMATE 4260.29 S.Y. Paving 9" Base @$-3.06 im $13,036 . .49 663.24 L.F. Curb & Gutter @$2.45 1,624.94 277.68 L.F. Reinforced 3011 Gutter @$2.90 = 805.27 13-76 S.Y. Erosion Pad . . 'CMP -@$8.40 115.58 80.00 L.F. 43" Span-27" Rise @17.00 = 1,360.00 400.00 L.F. Ditch Excavation @$0.30 120:00 CONTRACT -COST $17,062.28 COST DISTRIBUTION Property Unit & Contract Owner Sub -Unit Cost Cost NS 1853 $17,062.28 $17,062.28 The City Council discussed the proposed 1971 Paving Assessment Program. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Council- man Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approach this program on a "cash basis". Motion was made by Councilman Rigsby, seconded by Councilman Baker,.motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6045 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6045 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 The sum $4,000.00 Improvement Fund For the following purpose: Appraisals and prelimipary work on clearing encroachments along 19th! Street,from Avenue A to University Avenue Motion was made by Councilman Baker,,,s"econded by,Counc-ilman.Ri gsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pa.ss.Ordinance No. 6046 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6046 WHEREAS, the City Council of the.City. of . Lubbockfindsit is necessary to appropriate certain specific funds out of bond funds'fo'r an approved project; NOW THEREFORE., BE I,T-ORDAINED.BY THE CITY-COUNCIL.OF THE CITY..OF LUBBOCK: There.is hereby appropriated out of the following descrb' ied bond fund, to -wit: Water Gapita Project Fundl The sum $10,703.07 For the following purpose: Relocate water line ahead.of Loop 289 paving at W. 34th Street and S.Ash Avenue. ..Motion was made by Councilman Baker, seconded by Councilman .Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker' and Turner voting oti.ng Yea, none voting Nay, to authorize advertisement of Notice to Bidders for construction of water and sanitary sewer lines in Melonie Park South Addition and West Wind Addition. V 86 in, Nffll�' 71-30-86-231 motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (33) Granberry and Councilmen.Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6043 on first reading. ORDINANCE No. 6047 AN ORDINANCE ABANDONING AND VACATING AN UNDERGROUND UTILITY EASEMENT IN PORTIONS OF LOT 5 AND LOT 9 MELONIE PARK SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK,COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE VACATING AND ABANDONMENT OF SUCH UNDERGROUND UTILITY EASEMENT. 71-30-86-232 The City Council considered the request from Brooks Supermarket for a Street Use License at 3rd (34) Street and Avenue H.j After consideration of'all information presented, motion was made by Councilman Rigsby, seconded by Councilman Turner to grant this request for a Street Use License on the basis of the Cityts Street Use Policy. This motion carried by the following vote: Councilmen Rigsby, Baker and Turner voting Yea, Mayor Granberry and Councilmen Hollingsworth voting Nay; thereby, passing the following Resolution.,. I 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 Brooks Supermarket, Inc., 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 Resolution as if fully copied herein in detail. Passed by the city Council this 11th day of March, 1971. 'J. ZH.GRAINBERRY ', YOR TF T La *enia Lowe,.City S�eret�ary-J�reasurer APPROVED AS TO FORM: Isl Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 11th day,of March, 1971,..between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation; and BROOKS SUPER MARKET; INC., a Texas Corporation, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, .conditions and provisions herein, the CITY OF LUBBOCK, TEXAS, does hereby grant unto LICENSEE, its successors and assigns, the right, privileges and license to and Twenty -Five occupy and maintain a paved parking area described as the East Fifty hundredths feet (52.25') of Lot A, Lif I f Sanders Addition, a Re-Pl;t of Lots 1-7, Block 8, Liff Sa,nde,r,s,A,dditio,n and Lots 1-6 and Lots 9-12, Block 3, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas. 1. A drawing of the licensed area is attached hereto and made a part hereof and the use permitted hereby is limited to that shown on such drawing. 2. The CITY OF LUBBOCK reserved 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 regal' a-tion of traffic andnormally installed in the street right-of7way. 3. The duration of this grant shall be from year to year, or a portion thereof, not to exceed twenty (20) years without renewal by the City Council, and the CITY OF LUBBOCK retains the right, at any time,, to cancel or revoke this license with orwithoutcause, upon thirty (30) days notice I to . LICENSEE., In addition thereto; the CITY OF LUBBOCK reserved the right, to take any portion of the above described premises needed before the I I expiration or revocation of i this license. Said-notc' shall be deemed properly served if deposited in the post office, e postage paid, addressed to LICENSEE at Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the licensed premises shall be restored to its original condition at no'cost to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove all personal property after demand by the CITY OF LUBBOCK from the licensed premises, the CITY OF LUBBOCK shall enter into posse . ssion, and remove or cause to be removed such personal property and the expense incurred shall be assessed against LICENSEE for which it shall be I iable. 4. LICENSEE shall pay toy the CITY OF-tUBBOCk as a compensation for such grant the sum of THREEl'HUNDFkED"--FIFTY-F;IVE AND 30/100 ($355.30) DOLLARS per year for the duration of this license, with the first,.year payable on execution of this instrument and -a like sum payable on _7anllary 1st of each succeeding year for the duration of this license. I 5. Payment of the annual fee provided above, except the initial payment shall be made by LICENSEE to CITY OF LUBBOCK on January lst of each year this license is in effect. Notice of such fee being due shall be sent by 'the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE to pay such fe6!,within thirty (30). days from receipt of such notice, the CITY OF LUBBOCK shall consider such non-payment as a.default in this 1icense, and the.City Council shall determine whether such license shall be considered forfeited and may elect,to demand vacation by LICENSEE. -6. The use permitted hereby is limited to the ingressand egress and parking of motor vehicles patronizing LICENSEE'S business'. LICENSEE shall be liable for the maintenance of the licensed premises and in this regard covenants to: maintain the -licensed -premises in a safe 'condition for all persons using the said premises. — LICENSEE, its successors and assigns, will at all times.defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from all claims, demands, actions, causes of action, suits at law or in. -equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the maintenance and use permitted herein.. LICENSEE covenant arld, is required to. furnish a policy of public liability and property : i I It damage insurance., wit p9dified by, and in,a form satisfactory to.theCity Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 8. 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 agentsi and contractors of the parties hereto to the same extent and effect as the same are binding, i1 its successors or assigns, shall be binding upon the CITY OF LUBBOCK without the consent of upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, 1 1 __the. CITY OF LUBBOCK in each instance except as specified kn',.Para_"rpjj_S7). 9. LICENSEE; by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE 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. Uhl U M ATTESA' Lavenia Lowe, CityXecret:ary-Treasurer AGREED TO AND ACCEPTED THIS day of 1971. ATTEST: Isl Frank N. Kerr Frank N. Kerr, ,Secretary APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter,,Jr..,- City Attorney LICENSEE: BROOKS SUPERMARKET, INC. , Isl H. L. Brooks H. L. BROOKS, PRESIDENT APPROVED: Ls/ Sam Wahl Sam Wahl,- Director of Public Works 71-30-87-233 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor (35) Granberry and Councilmen Rigsby, Hollingsworth, Baker and. Turner ,voting Yea, none voting Nay, to pass Ordinance No. 5032 on second and final reading., ORDINANCE NO. 5032 AN ORDINANCE ABANDONING AND CLOSING THE EAST -WEST ALLEY IN THE J. 0. SMITH SUBDIVISION OF THE NORTHWEST 1/4 OF BLOCK 1, JOHN W. JARROTT'S SUBDIVISION OF THE NORTHWEST 1/4 OF SECTION 15, BLOCK B, LUBBOCK COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID ALLEY. 71-30-87-234 The City Council considered the request of Mr. Dean Williams to purchase 5,000 cubic yards of .(36) "fill". material from the lakearealocated at 66th Street amd Quaker Avenue. After considerati of all information presented, motion was made by .Councilman Rigsby,.seconded by Councilman Hollingsworth., motion carried, Mayor Granberry and Councilme.n Rigsby,.Hollingsworth, Baker and Turner voting Yea, none voting Nay., to authorize the sale of 5,000 cubic yards of fill material -to Mr..Williams at a.cost of-10C per cubic yard plus engineering cost., 71-30-87-235 Motion was made by Councilman Rigsby, seconded by Councilman taker, motion carried, Mayor (37) Granberry -and Councilmen Rigsby, Hollingsworth, Baker and Turner vo.ting,Yea, none voting Nay, to pass Ordinance No. 6048 on first. reading. POW RM ORDINANCE NO. 6048 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "FIRE PROTECTION",.BY ADDING THERETO ANEW SECTION12-10.1 PROVIDING FOR THE REQUIREMENT OF FIRE LANES AND PROHIBITING PARKING THEREON; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUB'-;. LICATION. 71-30-88-236 The City Council considered•engineering firms for the Canyon Lakes Project. After consideration (44) of all information presented, motion was made by ­Councilman Rigsby, seconded by Councilman Hollingsworth, motion.carried,, Mayor Granberry:and'Councilmen Rigsby; Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize the Mayor to enter into contract with Freese, Nichols, and Endress of Fort Worth, Registered Professional Engineers, for Phase 1 and Phase 2 of the'Canyon Lakes Project.' SEE CONTRACT SET IN ON PAGE 88A. 71-30-88"237. Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, . 46) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6049 on first reading. ORDINANCE NO. 6049 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,OV LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Fund The sum $9,823.50 For the following purpose: To purchase 1 1/2 inch and 2 1/2 inch fire hose and associated equip- ment. 71-30-88-238 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (47) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the audit of Lubbock Firemen's Relief and Retirement Funds for the year ending December 31, 1970. AUDIT SET IN ON PAGE 88B March 5, 1971 Mr. Bill Blackwell �Lubbock'City Council City Hall Lubbock, Texas Gentlemen: We wish to advise you that Abott & Bowen, Yellow Cab Company, Inc.:and City Cab Company, Inc. are in the process of changing ownership. They will continue operating under the same names. The new owners will be Mr. Loyd Lanotte and Mr. Gene Anderson. Both of these men are well known, very secure financially and with considerable experience in transportation. They will continue to operate with the same high standards as in the past. Adequate insurance covering Yellow and City Cab is on file with the City. We wish your approval to transfer the ownership of Yellow Cab Company and City Cab Company permits. We would greatly appreciate your prompt cooperation in this matter as closing of the sale is contingent on this.. I would like to take this opportunity to tell you how much we appreciate the splendid coopera- tion we have received between our City officials and the Polite Department the past 25 years. Sincerely, /a/ Alton Abbott Alton Abbott The City Council considered ' the above request of Alton Abbott to transfer the ownership of Yellow Cab Company and City Cab -Company permits to the new owners, Mr. Loyd Lanotte and Mr. Gene Anderson.. A.,fter consideration of all information presented.,,motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve this transfer of ownership of Yellow Cab Company and City Cab Company permits. The following bids were received for the purchase of uniforms for the Police Department and the Fire Department, being Bid No. 1506 and Bid No. 1507. Bid Tabulation set in Bid Book. 88A MAR 11 cf 71-30-88-236 (44) sf CONTRACT FOR i ENGINEERING SERVICES STATE OF TEXAS 7, COUNTY OF LUBBOCK This Contract, entered into this 11th day of March 1971 e , by and between the CITY OF LUBBOCK, TEXAS, hereinafter called the Owner, acting by and through its Mayor duly authorized to act, and FREESE, NICHOLS AND ENDRESS of Fort Worth Texas Registered Professional Engineers, here- inafter called the Engineer. r WITNESSETH: That, in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ' i 1. _Employment of Engineer: The Owner hereby employs the Engineer, 9 and the Engineer agrees to perform all necessary professional services here- inafter set forth in connection with improvements to be made by the Owner as follows: Municipal Improvements known as the Canyon Lakes Project, described in the "Feasibility Report on the Canyon Lakes Project," 1969, prepared for the City of Lubbock by Freese, Nichols and Endress. hereinafter called the Project. The employment of the Engineer as covered by this contract shall be applicable only to such improvements for which the Owner shall make specific authorization to the Engineer to perform services. 2. Character and Extent of Services: The Engineer shall render all engineering services necessary in the development and construction of the Project, which shall include, but without limitations, the following: a. Phase 1: Water Supply Source (1) Review previous work relating to the source of make-up water for the upper six lakes, including (a) the 1969 Feasibility Report on the Canyon Lakes Project, (b) work done by the Lubbock City Planning Department and (c) work done by various State and Federal Agencies. -1- 88B MAR 11 1 P 71-30-88-238 (47) AUDIT REPORT LUBBOCK FIREMEN'S RELIEF AND RETIREMENT FUND LUBBOCK, TEXAS DECEMBER 31, 1970 MAR 11 1971 After consideration of all bids received, motion was made by Councilman Rigsby, seconded by ' j Councilmen Rigsby, Hollingsworth, Councilman Hollingsworth, motion carried, Mayor Granberry and the bid of J. B. Battle Uniforms, Baker and Turner voting Yea, none voting Nay, to accept for the of uniforms for the Police Department and the Fire Depart- Oklahoma. City, Okla., purchase ment. E 71-30-89-241 The following bids were received for the purchase of bunker clothes, boots, and helmets for the ' (50) Fire Department, being Bid No. 1502. I Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by ollings o th, seconded Rigsby, Hollingsworth, thndaker , by,Councilman Rigsby, motion carried, Mayor Granberry and Councilmen i Fire Co.for the bid of.DacAppliance and Turner voting Yea, none voting Nay, to accept the WEquipment 1, 2 and 5-7; accept the bid of Fire App Co., ls, for the purchase of Items . purchase of Items 3 and 4; accept the bid of Lorey's Fire Protection Service, Austin, for the purchase of Item 8. 71- 30-89-242 The following bids were received for the purchase of three trucks (cab and chassis) for the (51) Sanitation De.p g Bid No. 1517. Department, being Bid Tabulation set in Bid Book.' After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Rigsby, Hollingsworth, Baker and Councilman Baker, motion carried, Mayor Granberry and Councilmen the bid of International Harvester Co. for the Turner voting Yea, none voting Nay, to .accept purchase of three trucks for the Sanitation Department. 71-30-89-243 The following bids were received for the purcase�of miscellaneous electric items for warehouse (52) stock, being Bid. No. 1487. Bid Tabulation set in Bid.Book.- After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded Rigsby, Hollingsworth, Baker by Councilman Baker, motion carried, Mayor Granberry and Councilmen the bid of General Electric Supply Co. for the and Turner voting Yea, none voting Nay, to accept bid of Temple, Inc., for. the purchase of Items 5 and 6; accept the purchase of Ite=e&; accept :the C. B. Anderson Co., Amarillo, for the purchase of Item 2.; accept the bid of Southwestern bid of Electric Supply Co. for the purchase of Item 7; accept the bid of Westinghouse Electric Supply for the of Iteu Co., for the purchase of Items 1 and 4; accept the bid of Fields and Co. purchase 3; accept the bid of Elgin B. Robertson for the purchase of Items 9-11. 71-30-89-244 The following bids were received for the purchase of various sizes wooden electric poles for (53) warehouse stock, being.Bid No. 1509. Bid Tabulation set in.Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilmen Rigsby, Hollingsworth, Baker Councilman Rigsby, motion carried, Mayor Granberry and the bid of C. B. Anderson Co., Amarillo, for and Turner voting Yea, none voting Nay, to accept 2;.accept the bid of The Somerville Co., Dallas, for the purchase the purchase of Items 1 and the bid.of,Koppers Co.,.Inc., Houston,:for the purchase of Item 4. of Item 3; accept The following bids were received for a house to be moved from 2,5.01 36th Street to the Lubbock .71-30-89-245 (54) Regional Airport, being Bid No. 1520. Bid Tabulation setin.Bid Book..;. I� After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilmen Rigsby, Hollingsworth, Baker Councilman Turner, motion carried, Mayor.lGranberry and bid of J. L. Davin to move a house from and.Turner voting Yea,. none voting Nay,to j acce Pt.the �i 2501 36th Street to the Lubbock Regional Airport. jI NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, ZHE CIL D CITY COUNURNED FROM REGULAR MEETING, March 11, 1971. ATTEST: Lav is Lowe, Cit ecretary-Treasurer READ AND APPROVED THIS 25TH DAY OF MARCH, 1971. ATTEST: i Lavenia owe, City Se etary-Treasurer