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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/22/1971131 APR 21 1971 r_7 71-30-131-362 (1) 71-30-131-363 (2) 71-30-131-364 (3) April 22, 197-1 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 0. Senter, Jr., and City Secretary -Treasurer Lavefiia Lowe. Absent: Assistant City. Manager Robert Wilson The invocation was given by Mr. Al Couch, Director of Public Services. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber, 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 authorize approval of City Council Minutes - Regular Meeting held April 8, 1971. 71-30-131-365 Mr. Brent Thomas and Mr. Tom Davis appeared and presented the following information in regard (12 & 13) to the request of the Tech Bicycle Conspiracy, Lubbock Adult Bicycle Club and Lubbock Racing Club for "Bikeways" in Lubbock. Their request was that 8 feet on one side of certain streets be designated as "Bikeways" and signs be placed. These "Bikeways" would connect parks, schools and residential areas. BIKEWAY PRESENTATION The bicycle scene in America has changed a great deal in the last 10 years. The number of bikes in use in the United States has doubled from 23.5 million to almost 50 million since 1960. According to a recent article entitled "The Bikers are Coming", appearing in the December issue of the National Safety Councils, Traffic Safety magazine, "Safe routes for bicycles should become a top priority item for city administrators". La.,,tyear 820 bicycle riders were killed in mishaps with motor vehicles in the United States. About two-thirds of them were children under 14 years of age. The main reason for the phenomenal growth in bicycling recently is because more and more adults have begun to ride;. -Last year about 7.1 million bicycles were sold in the United States and about 45 % of these new bicycle owners were adults. Mechanical', psychological and physiological reasons account for this trend. The introduc- tion of the lightweight, 10 speed bike into this country has accounted for a great percentage of bike sales. With its lightweight frame, skinny tires and multiple gear ratio, this bike has greater appeal as a mode of transportation and sport. Instead of a child's toy limited to the local neighborhood, these bikes are able to operate on the open roads and thoroughfares of our cities. Many commuters have found a reasonable substitute for their automobiles in these bikes due to the fact that in city traffic a bike is ,,faster than any other form of transportation. Experiments to prove this point have been conducted in many cities. People are also becoming aware of the fact that our * sedentary and inactive life styles are the cause of many modern day infirmities. For health reasons, more and more adults are seen pumping along our city streets after dinner and on weekends. The last, but certainly not the lease, important reason for the growth in biking is due to ecological awareness. Through the mass media, the government, and, private agencies, the facts regarding environmental degradation have,been.brought home to the people. The bicycle offers each of us a way to make a personal contribution to the effort to clean up our environment. With a car and a bike in the garage, the individual has the opportunity to vote for or against his own future each time he leaves his home. Many cities throughout the country have altready installed miles of bikeways and are makin plans for the future. Ft. Collings, Colorado, recently completed an extensive bikeway system. The University of California at Davis, California, is closed entirely to. auto traffic and the city of Davis boasts of more bikes than cars. Omaha, Nebraska, has 66 miles of bikeways built with City and State funds matched by Federal funds. Ohio has a system of bikeways that runs throughout the state. Lubbock's own Dr. Kitchens is involved with a plan to turn Texas abandone railroads into bikeways. Dr. Grover Murray informs the Tech Bicycle Conspiracy Club that plans are intheworks to close many campus streets to auto traffic with the ultimate goal of closing the entire central campus to cars.... Lubbock's three bicycle clubs; the Lubbock.Adult Bike Club, the Tech Bicycle Conspiracy and the Lubbock Racing Club, on behalf of the thousands of young and adult bicyclists, would li to present you, the City Council, with this petition calling for the establishment of bikeways in Lubbock. We feel that adequate.bikeways will put.thousands more citizens on bikes that now would not think of riding a bike on Lubbock's busy streets. We feelthatthese bikeways should be extensive enough to allow any citizen to use a bike for transportation throughout the city. 132 APR 2 1- 1971 71-30-132-366 Mr. Madison Sowder, Attorney, appeared and presented the recommendation of the Lubbock City- (14) County Welfare Board for increasing funeral expense allowances from $200.00 to $250.00. 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 an increase from $200.00 to $250.00 for funeral expense allowances. 71-30-132-367 Mr. Dirk West, Chairman of the Park and Recreation Board, appeared and presented the request of (15) the Lubbock Campfire Girls to lease a portion of Helen McLean Hodges Park for construction of a 110' x 180' building to be used as headquarters for the Lubbock Campfire Girls. Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Council- men 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 Lease Agreement in favor of the Lubbock Council of Camp Fire Girls, 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 par of this Resolution as if fully copied herein in detail. Passed by the I City Council this 22nd day of April, 1971. ATTEST• Lave ia Lowe, City Secretary -Treasurer Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney LEASE AGREEMENT GRANBERRY,XOR KNOW ALL MEN BY THESE PRESENTS: THATAGREEMENTentered into between THE CITY OF LUBBOCK, a Home Rule Municipality of Lubbock County, Texas, referred to as the "CITY" and the LUBBOCK COUNCIL OF CAMP FIRE GIRLS, of Lubbock, County, Texas, referred to as "CAMP FIRE GIRLS". ff PQIH*R�lm In consideration of the improvements to be placed on the CITY'S property by the CAMP FIRE GIRLS; the CITY does hereby lease and demise to the CAMP FIRE GIRLS for a term of twenty years, comencing*,on the day of ,..1971, and terminating on the. _ day of ,1991, the fallowing described tract of land out of the Helen McLean Hodges Park: BEGINNING at a point 220 feet South of the Northeast corner of Helen McLean Hodges Park; THENCE West 110 feet; South 180 feet; East 110 feet; North 180 feet; to POINT OF BEGINNING. The CAMP FIRE GIRLS shall use the property as administrative offices in furtherance of the activities outlined by the National organization, and not otherwise. This lease agreement is not assignable by.the CAMP FIRE GIRLS. The CAMP FIRE GIRLS shall submit for approval, of Parks and Recreation Board all plans for improvements to the property, prior to construction.. At the termination of the lease the CAMP FIRE GIRLS may remove all improvements placed upon the property. In the event, however, the CAMP FIRE GIRLS cease to exist, or abandons the property, all improvements shall become the property of the CITY and the CITY may re-enter and take possession -of the premises and all improvements. . The CITY reserves the right to cancel and terminate this agreement upon the giving of sixty (60) day'6 notice to the CAMP FIRE GIRLS of its intention to cancel the 1 ' ease. The CAMP FIRE GIRLS agree that upon receipt of notice to cancel the agreement and before the expiration of sixty (60) days to remove all improvements and vacate the property. The CAMP FIRE GIRLS agree to hold the CITY free and harmless against any and all claims, demands, suits, judgments and leases resulting from its use, maintenance and occupancy of the property and improvements. The CAMP FIRE GIRLS shall maintain at all times, at its sole expense, insurance with an insurance underwriter acceptable to the CITY, against claims of public liability and property damage resulting from the CAMP FIRE GIRLS use, maintenance and occupancy of the property. The amount of such insurance coverage shall not be less than DOLLARS for property damage as a result of one accident, or less than ($ * ) DOLLARS for personal injury or death of two or more persons in any accident. Certificates evidencing coverage shall be provided to the CITY. The CAMP FIRE GIRLS further agree to use the property keeping all CITY health and fire In WITNESS THE EXECUTION OF THIS AGREEMENT -THIS 22nd day of April, 1971. CITY OF LUA K BY J. NBERRY, OR ATTEST', I 1W / wilit..'Vi-11 h_Z0,Q?" Lave(r(?—a`Lowe, ciiS ecreltary -Treasurer CAMP FIRE GIRLS BY ATTEST: 71-30-133-368 Mr. Evan Roberts of the firm Stiles, Roberts and Messersmith, Architects, appeared before the (16) City Council to request advertisement of bids and explain the specifications for repair to the Lubbock Municipal Coliseum roof. After consideration of all information presented, motion was made by Councilman Turner, seconded by -Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize publication of the Notice to Bidders. Sealed proposals for the construction of a New Roof for Lubbock.Municipal Coliseum for the City of Lubbock, Lubbock, Texas-, addressed to the City Council of Lubbock, Texas, will be received in the office of the Purchasing Agent, Floyd Nesbitt, Room 207, City Hall until 10:00 A.M., May 20, 1971, at which time they will be opened publicly and read aloud in the Council Room. The City Council will consider the bids on May 27, 1971, at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders -are required -to submit a cashier's or certified check or bid bond * in the amount of 5% of the greatest amount of the bids submitted.and the successful bidder shall provide performance and payment bonds in the full amount of the contract price executed by a surety company authorize to do business in Texas. Copies of plans and specification may be procured from Stiles, Roberts & Messersmith, Architects, Enginers, Planners, 3307 Avenue X, Lubbock, Texas, upon a deposit of Twenty -Five ($25.00)) Dollar as a guarantee of their safe return before the expiration of ten (10) days after receipt.of bids. This deposit will be returned to each bidder upon return of such documents in good condition. CITY OF K, TEXAS BY J. A. GRANBERRY, OR Lavenia Lowe, ciiy,secrbtary-Treasurer 71-30-133-369 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (17) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6061 on second and final reading. ORDINANCE NO. 6061 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of. the City of Lubbock finds it is necessary to appropriate certainspecific funds outof 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: Park Bonds The sum $82,000 For the following purpose: Labor and material for installation of water system on the following park areas: Park site between 15th and 16th Street and between Chicago and Dover Avenues; Park site between 40th and 42nd Streets at Avenue B; Leroy Elmore Park; North side of K. N. Clapp Park; North side of Booker.T.,Washington.Park. 71-30-133-370- Motion was made by Councilman Baker, seconded by Councilman.Hollingsworth, motion carried, Mayor (18) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea,::none voting Nay, to pass Ordinance No. 6062 on second and final reading. ORDINANCE NO. 6062 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; no] There is hereby appropriated out of the following described bond fund, to -wit: Park Bond The sum $12,500.00 For the following purpose: Labor and material necessary to install botanical supplies on the following park areas: Park site between 15th and 16th Street and between Chicago and Dover Avenues; Park site between 40th and 42nd Streets at Avenue B; Leroy Elmore Park; North side of Booker T. Washington Park. 71-30-134-371 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (19) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6063 on second and final reading. 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, There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds For the following purpose: Two (2) appraisals each on six (6) separate proposed park sites: 26th Street and Quirt Averiue;.Parkway School area; Ursuline Avenue and Globe Avenue; Neil Wright School area; Hardwick School area; and 50th Street and Chicago Avenue. 71-30-134-372 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor' (20) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6069 on second and final reading. ORDINANCE NO. 6069 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it si 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: Water Capital Project Fund The sum $7,366.28 For the following purpose: City's part of water line in Guava Avenue from East 66th Street to Loop 289. 71-30-134=373 Motion was made) by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayer (21) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6064 on second and final reading. ORDINANCE O.N. AN ORDINANCE AUTHORIZING THE ALTERING AND -CHANGING OF, THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON BOTH SIDES OF EAST 4TH STREET (F.M. 40) 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 STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PRO- VISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING'FOR THE EFFECTIVE DATE OF THIS ORDINANCE,. 71-30-134-374 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (22) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6065 on -second and final reading. ORDINANCE NO. 6065 'AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AVENUE J AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTIONS OF AVENUE J AS AFORESAID. 71-30-134-375 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (23) Mayor 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:, I of.Lubbock, Texas, attached herewith which shall bespreadupon the minutes of the Council and as apread 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 22nd day of April, 1971. ATTES Lavenia Lowe, City Secrbtary-Treasurer Isl Fred 0. Senter, Jr. , Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK X J. H. GRANBERR� ^YOR 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 URBAN RENEWAL.AGENCY OF THE CITY OF LUBBOCK, TEXAS, the receipt of which is hereby acknowledged and confessed, does hereby ABANDON, DISCLAIM, RELEASE, AND FOREVER QUIT CLAIM unto the said URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS,; all its rights, interest and title in and to that certain tract of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: TRACT . I I BEGINNING at the Northeast corner of Lot 1, Block 10, Acuff Heights Addition to the Citl of Lubbock, Lubbock County, Texas; THENCE South along the east line of said Lot I a distance of 114 feet to the Southeast corner of said Lot 1; THENCE East a distance of 50 feet to the Southwest corner of Lot 22, Block 11, Acuff Heights Addition; THENCE North along the West line of said Lot 22, a distance of 114 feet to the Northwe; corner of said Lot 22; THENCE West a distance of 50 feet to the POINT OF BEGINNING. TRACT II BEGINNING at the Northwest co rner of Lot 23, Block 11, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the'West.line of said Lot 23, a distance.of, 104 feet to the Southwe: corner of said Lot 23; THENCE West a distance of 25 feet to the center line of Avenue J THENCENorth along said center line a distance of 104 feet; THENCE East a distance of 25 feet to the BEGINNING POINT. TRACT III BEGINNING at the Northeast corner of Lot 1, Block 9, Acuff Heights Addition to the Cit3 qf Lubbock, Lubbock County, Texas; THENCE South along the East line of said Lot 1, a distance of 155 feet to the Southeast corner of said Lot.l; THENCE East a distance of 61 feet to the Southwest corner of Lot 14, Block 4, Acuff Heights Addition; THENCE North along the West line of said Lot 14, a distance of 155 feet to the North- west corner of said Lot 14; THENCE West a distance of 61 feet to the POINT OF BEGINNING. TRACT IV BEGINNING at the Northeast corner of Lot 10, Block 9, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the East line of said Lot 10, a distance of 165 feet to the South- east corner of said Lot 10; THENCE East a distance of 61 feet to the Southwest corner of Lot 15, Block 4, Acuff Heights Addition; THENCE North along the West line of said Lot 15, a distance of 165 feet to the North- west corner of said Lot 15; THENCE West a distance of 61 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above said premises together with all and singular the rights, _n,no-r hainnainc, iint-n f-hp naid ITRRAN RENEWAL AGENCY UUTE ME ZZIEM 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 OUR HANDS AT LUBBOCK, TEXAS, this 22nd day of April, 1971. CITY 0 OCK J. H. GRANBERRY, YOR ATTES T Lavenia Lowe, City seertart'-Treasurer 71-30-136-376 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (23a) 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 Quit Claim Deed in favor of Higinio Moreno, attached herewith whichshallbe spread upon'the minutes of the Council and as spread upon the minutes of this Council shall constitute and[ be apart of this Resolution as if fully copied herein in detail. Passed by the City Council this'22-nd day of April, 1971. Y'.H. GRANBERR, YOR ATTRE Pf Y Lav4nia Lowe, City Secritary-Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE-STATE'-OF'TEXAS I 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 HIGINIO MORENO2 of Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said HIGINIO MORENO, of Lubbock County, Texas, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING at the Northeast corner of Lot 9, Block 10, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the East line of said Lot 9, a distance of 104 feet to the Southeast corner of said Lot 9; THENCE East a distance of 25 feet to the centerline of Avenue J; THENCE North along said centerline a distance of 104 feet; THENCE West a distance of 25 feet to the BEGINNING POINT; TO HAVE AND TO HOLD the said premises together with all and singular the right, privileges and appurtenances thereto in any manner belonging unto the said HIGINIO MORENO, his heirs and assigns, nor any persons claiming under it shall, at any time hereafter, have, tl"m4 or demand any right to title to the aforesaid premises or appurtenances or any part thereof. WITNESS OUR HANDS AT UMBOCK,_ TEXAS, THIS 22nd day of April, 1971. A CITY OF OCK J.' GRANBERRY ATTEST: /rOR Lavenid'AdW, ObMtff t/&ffAf -Treasurer 71-30-136-377 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (24) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6057 on second and final reading. rl= L671 ORDINANCE No. 6057 AN ORDINANCE ABANDONING AND VACATING A UTILITY EASEMENT OUT OF A PORTION OF THE NORTHEAST ONE-FOURTH (NEk) OF SECTION 5, BLOCK E-2, LUBBOCK COUNTY,.TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO.MARK THE OFFICIAL,MAP OF THE CITY OF LUBBOCK TO INDICA1 THE CLOSING AM ABANDONMENT OF SUCH UTILITY EASEMENT AS.AFORESAID. 71-30-137-378 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (25) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that'.,,the following Resolution be passed. . 0 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 A. R. Marcus and wife, Vernelle Marcus, M. Kirk Dean and wife, John Anna Dean, and R. H. Brummal and wife, Emma Lou Brummal, 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., I Passed by the City Council this 22nd day of April, 1971. ATTES Taive'nia Lowe, City Secr tary-Treasurer APPROVED AS TO FORM: Isl Fred 0, Senter, Jr. Fred 0. Senter,,:Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK 13 J. IT-.- CRANBERRY; KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a,Home Rule Municipality in the County.of Lubboci, 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 A. R. MARCUS and wife, VERNELLE MARCUS, M. KIRK DEAN and wife, JOHN.ANNA DEAN, and R. H. BRUMMAL and wife, EMMA LOU BRUMMAL, of the County of Lubbock, State of Texas, the receipt of which is hereby acknowledged and confessed, does hereby ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said A. R. MARCUS and wife, VERNELLE MARCUS, M. KIRK DEAN and wife, JOHN ANNA DEAN, and R. H. BRUMMAL and wife, EMMA LOU BRUMMAL, of the County of Lubbock, State of Texas, all its rights, interest and title in and to that certain tract of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: Being a part of the Northeast one -Fourth (NEk) of Section Five (5), Block E-2, Lubbock County, Texas, described by metes and bounds as follows: , BEGINNING at a point 466.7 feet West and 491.7 feet South of the Northeast corner of said Survey Five (5), Block E-2; THENCE East 213.35 feet to a point; THENCE South ten (10) feet to a point; THENCE West 213.35 feet to a point; THENCE.North ten (10) 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 A. R. MARCUS: and wife, VERNELLE MARCUS, M. KIRK DEAN and wife, JOHN ANNA DEAN, and R. H,. BRUMMAL and wife, EMMA LOU BRUMMAL, their heirs and assigns�,.nor any person or persons claiming under it.shall, at any time hereinaft have, C14im, or demand any right to title to the,aforesaid,premises or appurtenances, or any part thereof. WITNESS OUR HANDS AT LUBBOCK, TEXAS, this 22nd day of April, 1971.,*I,�� J. H. "GRANBERRY, Of ATTEST- Lavenia Lowe, City 'Secretqi�y-Treasurer 71-30-137-379 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor (26) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to approve the .price and conditions for the sale,of the following four parcels. of land by the Urban Renewal Agency. Councilman Hollingsworth was absent at the time of this motion. gI gaff'A M ITEM NO. PARCEL REDEVELOPER PRICE REDEVELOPMENT 49 5B-17-1-(Area between Bartolo Lozoya, Jr. $1,300.00 Single -Family NW corner to.a point, 35'-S. & the NE corner to a point 64.47' S*.) .50 5E-1-4 (W. 75' of the Eluterio Oliva $1,539400 Single -Family E. 200') 51 5B-18-6 (N. 65') Antonio Ortiz $1,670.00 Single -Family 52 5E-1-7 (W. 98') Marcelino Venegas $2,090.00 Single -Family 71-30-138-380 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (27) Granberry and Counc'ilmen Rigsby, Hollingsworth,Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed, and authorize final payment to the contractor. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with W. D. Turner Construction Company G.W.O. 3008 for the -making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: 55th Street from its intersection with a line 13.00 feet East of the East Property Line of Wayne Avenue to its intersection with a line 18.00 feet East of the East Property Line of Vicksburg Avenue (North Leg) known and designated as Sub -Unit Number I of Unit Number 2215. 55th Street from its intersection with a line 18.00 feet East of the East Property Line of Vicksburg Avenue (North Leg) to its intersection with a line 16.00.feet West of the West Property Line of Utica Avenue known and designatedasSub-Unit Number 2 of Unit Number 2215. 56th Street from its intersection with a line 13.00 feet East of the East Property Line of Wayne Avenue to its intersection with a line 18.00 feet East of the East Property Line of Vicksburg Avenue (North Leg) known and designated as Sub -Unit Nu6be'r 3 of Unit Number 2215. 57th Street from its intersection with a line 13.00 feet East of the East Property Line of Wayne Avenue to its intersection with the East Curb Line of Vicksburg Avenue known and designated as Sub -Unit Number,4 of Unit Number 2215. Wayne Avenue from its intersection with a line 18.00 feet South of the South Property Line of 57th Street (East Leg) to its intersection with a,line 17.00 fee't,South of the South Property Line of 58th Street known and designated as Sub -Unit Number 5 of Unit Number 2215. Wayne Avenue from its intersection with a line 18.00 feet South of the South Property Line of 56th Street (East Leg) to its intersection with a line 18.00 feet South of the South Property -'*Line of 57th Street (East Leg) known and designated as Sub -Unit Number 6 of Unit Number 2215. Vicksburg Avenue from its intersection with a line 18.00 feet South of the South Property Line of 55th Street (East Leg) to its intersection with a line 16.00 feet North of the North Property Line of 56th'Street (East Leg) known and designated as Sub -Unit Number 7 of Unit Number 2215. Utica Avenue from its intersection with a line 18.00 feet North of the North Property Line of 55th Street (West Leg) to its intersection with a line 16.00-feet South of the South Property Line of 56th Street (West Leg) known and designated as Sub -Unit Number 4 of Unit Number 2216. Utica Avenue from its intersection with a line 18.00 feet South of the South Property Line of 54th Street (West Leg) to its intersection with a'line 18.00 feet South of the North Property Line of 55th Street (West Leg) known and designated as Sub -Unit Number 5 of Unit Number 2216. 58th Street from its intersection with a line 13.00 feet East of the East Property Line of Wayne Avenue (North Leg) to its intersection with a line 18.00 feet -East of the East Property Line of Vicksburg Avenue (South Leg) known and designated as Sub -Unit Number I of Unit Number 2217. AND WHEREAS; the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 3008. THEREFORE, BE IT RESOLVED BY THE CITY OFULUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence -of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided insaidcontract, and the proceedings 139 APR 2 2 1971 This resolution shall take effect and be in force from and after its passage. PASSED ANDAPPROVED THIS 22ND DAY.OF APRIL, 1971. ATTE Lav'enia Lowe, City Seclretary-Treasurer /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney April 22, 1971 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined-the.paving improvements constructed by-W. D. Turner Construction Company, paving contractor, under his contract dated August 27, 1970, designated as G.W.O. 3008 and find the improvements on 55th Street from Wayne Avenue to Utica Avenue, 56th Street from Wayne Avenue to Vicksburg Avenue, 57th Street from Wayne Avenue to Vicksburg,Avenue, Wayne Avenue from 56th Street to 58th Street, Vicksbrug Avenue from 55th Street to 56th Street, Utica Avenue from 54th Street to 56th Street and 58th Street from Wayne Avenue to Vicksburg Avenue as listed on the fina' estimate and assessment sheet to have been completed in accordance with the plans and specifica- tions and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City o . f Lubbock and issue assignable certificates es against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, Isl Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O.,3008 Accepted April 22, 1971 QUANTITIES S.Y. S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Re-sur- Sub-Unit Location 6" Base C & G Return Gutter facing 2215-1 55th Street from 13' E. 2590.42 1295.08 of the EPL of Wayne Ave to 18' E. of the EPL of Vicksburg Avenue (N. Leg) 2215-2 55th Street from 18' E. 2012.44 1132.00 of the EPL of Vicksburg Ave. (N. Leg) to 16' W. of theWPL of Utica Ave. 2215-3 56th Street from 13' E. 2643.42 1292.08 of the EPL of Wayne Ave. to 18' E. of the EPL of Vicksburg Ave. (N. Leg) 2215-4 57th Street from 13' E. 2506.32 1296.54 of the EPL of Wayne Ave. to the East Curb Line of Vicksburg Ave. 2215-5 -Wayne Ave. from 18' S. 1392.00 665.08 31.11 of the SPL of 57th Street (E. Leg) to 17' S. of the SPL of 58th Street 2215-6 Wayne Ave. from 18' S. 1382.32 673.08 31.11 52.54 7.50 of the SPL of 56th St. - - I -a nl - _r S.Y. S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Re-sur- Sub-Unit Location — 6" Base. C,& G Return Gutter facing 2215-7 Vicksburg Ave. from 18' S. of 862.22 489.00 10.00 the SPL of 55th Street (E. Leg) to 16' N of the NPL of 56th Street (E. Leg) 2216-4 Utica Ave. from 18' N. of 2328.17 804.16 12.22 the NPL of 55th Street (W. Leg) to 16' S. of the SPL of 56th Street (W. Leg) 2216-5 Utica Ave. from 18' S. of the SPL of 54th Street (W. Leg) to 18' S. of the NPL of 55th Street (W. Leg) 2217-1 58th Street from 13' E. of the EPL of Wayne Ave. (N. Leg) to 18' E. of the EPL of Vicksburg Ave. (S. Leg) COST ESTIMATE 19,953.05 S.Y. Paving 6" Base 9,439.25 L.F. Curb.,& Gutter 96.66 S.Y. Alley -Return 157.-62 S.Y. Valley Gutter 7.50 S.Y. Resurface 1049.54 505.15 12.22 3186.20 1287.08 19,953.05 9,439.25 96.66 157.62 7.50 @$1.97 @$2.15 @$8.50 @$8.50 @$1.25 CONTRACT COST COST DISTRIBUTION Property Unit & Contract Owner Sub -Unit Cost Cost $39,307.50 20,294.38 821.61 1,339.77 9.38 $61,772.64 2215-1 7,887i.55 7,641.60 2215-2 6,398.31 7,680.00 2215-3 7,985.51 7,577.60 2215-4 7,725.01 7,552.00 2215-5 5,329.78 2,542.63 2215-6 4,890.70 2,580.28 2215-7 2,834.92 2,625.46 2216-4 6,419.30 3,961.70 2216-5 3,257.53 3,014.96 2217-1 9,044.03 7,616.00 TOTAL $61,772.64, $52,792.23 TOTAL AMOUNT OF WORK DONE $61,772.64 LESS PREVIOUS PAYMENTS 37,988.37 FINAL AMOUNT NOW DUE CONTRACTOR $23,784.27 April. 22, 1971 Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: I submit herewith the closing documents for the 1970 Paving Program known and designated as GiW.�O. 3008, Final inspection has been made of .the abovementioned improvements and said improvements have been constructed in accordance with plans, specification and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, Isl Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally 77! 71-30-141-381 (28) I, W. D. Turner d/b/a W. D. Turner Construction Company, do represent to the City of Lubbock and solemnly swear that.I executed a contract with the City of Lubbock, said contract being dated August 27, 1970, for.the 1970 Special Paving Project, under GWO 3008, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor; material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any:,part of said project or the moneys, bonds, or warrants due the contractor, have been satisified by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settle- ment and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantial] complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment yment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 9th day of April, 1971. Attest; Isl Bruce Bagwell W. D. Construction Company Isl W. D. Turner ,W. D. Turner, Owner Subscribed and sworn to before me this the 9th day of April, 1971. L�sLGladys Abbott Notary Public in and for Lubbock County, Texas 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, that the following Resolution be passed. RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WIMEAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Park South Lots,1-72,,made'arrangements-with Walter V. Jarnagin, Dirt and Paving Comtractor for the construction.of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the sub -- division plat of Melonie Park South, Lots 1-72, including the following streets Memphis Drive from .its ,intersection with a line 23.00 feet South 600 01' 1111 West of the Southwe corner of1ot 72, Melonie Park South to its intersection with a line 222.73 feet North 600 01' 1 East of the Southwest corner of Lot 72, Melonie Park South known and designated as New Subdivisi Unit Number 1844. 74th Street from its intersection with a line 53.33 feet Northeast of the Northeast Property L of 76th Drive to its intersection with a line 14.00 feet East of the West Property Line of Indiana Avenue known and designated as New Subdivision Unit Number 1845. 75th Street from its intersection with a line 11.00 feet North of the South Property Line of 740 Street to its intersection with a line 14.00 feet East of the West Property Line of Indiana Ave- nue known and designated -as New Subdivision Unit Number 1846. 76th Street from its intersection with a line 11.00 feet Northwest of the Southeast Property Lin( of Memphis Drive to its intersection with a line 37.87 feet West of the Southeast corner of Lot 48, Melonie Park South known.and designated as New Subdivision Unit Number 1847. 76th Street from its intersection with a line 37.87 feet West of the Southeast corner of Lot 48, Melonie Park South to its intersection with a line 14.00,feet East of the West Property Line of Indiana Avenue known and designated as New Subdivision Unit Number 1848. Kenosha Drive from its intersection with a line 23.00 feet South 450 01' 10" West of the South- west corner of Lot 67, Melonie Park South to its intersection with a line 12.00 feet North 450 01' 10" East of the Southwest Property Line`of 76th Drive knovn.and designated as New Subdivision Unit Number 1849. Joliet Avenue from its intersection with a line 23.00 feet South 00 01' 10" East of the Southeast corner of Lot 61, Melonie Park South to its intersection with a line 12.00.feet North 00 01' 10" West of the South,Pr6perty Line`of 76th Street known and designated as New Subdivision Unit Number 1850. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer and said.improvements have been completed and have been inspected and found to have been constructed in accordance with City specificatio and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovdmentioned streets be and the sane are hereby accepted and the City Engineer be and.he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY.OF APRIL, 1971. J. GRANBERRY. b9YOR ATTEST: Lavenia Lowe City"Secrerry-Treasurer APPROVED: Is/ Wilford D. Watson Wilford D. Watson, City Engineer /S'/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Walter V.•Jarnagin, paving contractor, under his contract with the subdividers of Melonie Park South, Lots 1-72 and find the improvements on: Memphis Drive from alley Southwest of 76th Drive to 53.33' Northeast of 76th Drive 74th Street from 53.33' Northeast of 76th Drive to Indiana Avenue 75th Street from 74th Street to Indiana Avenue 76th Drive from Memphis Drive to 227.87' W. of Joliet Avenue, 76th Street from 227.87,' West of Joliet Avenue.to Indiana Avenue Kenosha Drive from 76th Drive to alley South of 76th Drive - Joliet Avenue from 76thStreetto alley South of 76th Street as listed on the final estimate sheet to have been completed in accordnace with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to.the contractor the amount shown on the attached consolidated final estimate sheet as due him. Yours very truly, Isl Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE Melonie Park South Lots 1-72 Accepted. April 2271 QUANTITIES S.Y. S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Caliche Sub -Unit, Location 61' Base C:& G Return Gutter 6" Base NS 1844 Memphis Drive from 23' S. 927.75 412.66 47.06 108.09 600 01' 11' W. of the SW corner.of Lot 72, Melonie Park South to 222.73' N. 600 Oil 11" E. of the SW corner of Lot 72, Melonie Park South NS 1845 -74th Street from 53.33' 4726.88 NE of the NE Property Line of 76th Drive to 141 E. of the WPL of Indiana Avenue NS 1846 75th Street from 11'.N. of 3401.91, the SPL of 74th St. to 141 E. of the WPL of Indiana Avenue RRMIENINEFEM-190M 1951.12 52.54 NS 1847 76th Drive from 11' NW of 2672.92 the SE Property Line of Memphis Drive to 37.87' W. of the SE corner of Lot 48, Melonie Park South 1450.08 52.54 Unit & Sub -Unit S.Y. S.Y. Paving L.F. Alley ation 6" Base C,& G Return NS 1848 q76th Street from 37.87' W. of 2334.75 1232.28- .the SE corner of Lot 48,_' Melonie Park South to 14' E. of the WPL of Indiana Ave. S.Y. S.Y. Valley Caliche Gutter 6" Base NS 1849 Kenosha Drive from 23',S. 416.00 340.54 26.67 52.54 92.44 450 01' 10" W. of the SW corner of Lot 67, Melonie Park South to 12' N 450 01' 10" E. of the SW Property Line of 76th Drive NS-1850 Joliet Avenue from;A23' S. 560.99 328.54 20.00 00 01' 10" E. of the SE corner of Lot 61, Melonie Park South to 12' North 00 01' 10" W. of the SPL of 76th Street TOTAL 15,041.20 7,826.71 242.70 157.62 200.53 COST ESTIMATE 15,044.20 S.Y.- Paving 6" Base @$1.85 $27,826.22 7,826,71 1.- F. Curb & Gutter @$1.85 14,479.41 242.70 S.Y. Alley Return @$7.00 1,698.90 157.62 S.Y. Valley Gutter @$7.50 1,182.15 200.53 S.Y. of 6" compacted caliche base @$0.85 170.45 'CONTRACT COST $45,357.13 COST DISTRIBUTION Property Unit & Contract Owner Sub Unit -Cost Cost NS 1844. 2:0901.05 2,901.05 NS 1845 13,693.78 13,693.78 NS 1846 10,297.15 10,-297.15 NS 1847 8,021.60 8,021.60 NS 1848 62599.01 6,599.01 NS 1849 2,058.91 2,058.91 NS 1850 1,785.63 1,,785.63 TOTAL -45,,357.13 45i357.13 'Total Amount of Work Done $45,357.13 Amount Paid on Estimate #1 Amount Now Due Contractor 19,426.51 NOTE: 200.53 S.Y. of paving on Units NS 1844 and.NS.-1849 NOT completed. These quanities. to be added to 2nd installment of Melonie Park South... 71-30-143-382 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor (29) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. G.W.O. 10,733 RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS-, AND ALONG THE -BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS.' BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists -that the follorking portions of streets, highways, avenues and/or alleys intheCity of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREETS FROM TO Frankford 19th Street 24th Street 55th Street Wayne Ave. York Avenue 57th Street Wayne Ave. York Avenue 58th Street Wayne Ave. Slide Road 58th Street Utica Ave. Vicksburg Ave. Vicksburg Ave. 56th Street 58th Street rv.Chicago Ave. 1st Place- 2nd Drive 56th Street Vicksburg Ave. Utica Avenue 0 I ­ ALLEY In- N Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drainage where necessary, by installing a compacted caliche base, and by surfacing with five (5) course epnetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said street, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails.and tracks, double tracks, turnouts and switches and two feet on each side thereof. OVINDIDU ful • I (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under.sub-paragraph (a) above, provided, that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear.at the hearing, to be had before final assessment is made, that the special benefits to such, property.by way,--,df enhancement value,thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS: (c) The abutting property and owners thereof shall pay and shall be assessed for a,part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which hassinglefamily or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50) % of the cost of such improvements.. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50) % of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used.or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90) % of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, and single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the costs of constructing alley paving improvements as specifieU above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost.as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements., after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptgpce,�of,,the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be,. payable in five (5),equal installments: The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid., at the rate of six percent per annum on street improvements, and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. .Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter,.and amendments thereto, now in force in'this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. PASSED,AND APPROVED THIS 22nd DAY OF APRIL,,1971. J. A. GRANBERRY, ATTEST-- c"fptary-Treasurer L a An i a L owe r11C_ try C61 Se APPROVED: Isl Wilford D. Watson Wilford D. Watson, City Engineer Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-145-383 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby motion carried, Mayor (290) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. G.W.O. 101733- RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS., the City Council on April 8, 1971, and, on April 22, 1971, passed a resolution providing for the improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said City, to be done under General Work Order; -No. 10,733, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said resolution, and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and the same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Not toBiddersl' made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. PASSED AND APPROVED THIS the 22nd day of April, 1971. J. R. GRANBERRY, ATTEST.. Lavdni& Lowe, c-I.-Cy Sec I r4tary-treasurer APPROVED: Isl Wilford D. Watson Wilford D. Watson, CityEngineer. APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-145-384 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (31) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLITION 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 Lots 1 and.2, Block 2, Pattillo Subdivision, made arrangements with Frank Hodges Cement Contractor for the construction of paving improvements on certain street dedicated in said -subdivision under the provisions of said ordinance prior to the recording of the subdivisio plat of Lots 1 and 2, Block 2, Pattillo Subdivision including the following street: The South 1/2 of 53rd Street from its intersection with a line 8.00 feet West of the West Property Line of Avenue L to its intersection with the alley West of Avenue L, known and designated as New -Subdivision Unit Number 1885 (Concrete Only). 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 and have been inspected and found to have been constructed in accordance with City specificatio _. - ____ ­4 � 1_ a1­ ___­4 -4 --- _-p 04 4— f)-A, _n­n 1 111 I vogmp I. 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 the City's portion of the cost and to release escrow money. am This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF APRIL, 1971. J. GRANBERff,)nOR ATTES Lav-dnia Lowe, City SecrAtary-Treasurer APPROVED' ­ Isl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney April 22, 1971 0 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Frank Hodges, paving contractor, under his contract with the subdividers of Pattillo Subdivision., Lots 1 and 2, Block 2, and find the improvements on the South 1/2 of 53rd Street from Avenue L to the alley West of Avenue L as listed on the final estimate sheet to have been completed in.accordance with the plans and specifications and recommend that you accept.the improvements on said streets, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. Yours very truly, Isl Wilford D. Watson Wilford D. Watson City, Engineer CONSOLIDATED FINAL ESTIMATE Pattillo Subdivision Lots I and-.2, Block 2 Accepted April 22, 1971 QUANTITIES Unit & L.F. Sub -Unit Location C & G Part of The South 1/2 of 53rd Street from 8' NS 1885 West of the WPL of Avenue L to the alley West of Avenue L (Concrete only). Quantities for Pattillo Subd 237.84 Quantities for Elmer Pattillo 50.00 Quantities for Calvin McCrum, 42.00_ 329.84 L. F. CurbandGutter Wqfflffa�� @$2.45 329.84 $808.12 $808.12 Prepaid paving escrow to be -'released for Unit & Lots I and 2, Sub -Unit Cost Block 2 Elmer Pattillo Calvin McCrum Part of $808.12 $582.72 $122.50 $102.90 NS 1885 71-30-147-385 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (31a) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. G.W.O. 10,733 RESOLUTION WHEREAS, the City Council of the City of Lubbock by,resoluti6ns passed on April 8, 1971 anc April 22, 1971, in regular sessions of said City Council'deci-ared a necessity for and ordered the improvement of those certain highways, streets and alleys or portions thereof in the City of Lubbock, Lubbock, Texas, -as more particularly described hereafter, byexcavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements;'and, WHEREAS, the plans and specifications for the improvements of said highways, street and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock, Texas. WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways, streets and alleys, or portions thereof,' located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place.be and are hereby found to be a necessity; and, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets, and alleys or'portions thereof which are hereby ordered to be improved, and the owners of such proper as a personal liability, after, public hearing all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portions of streets and alleys upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for -said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT NO. STREETS FROM TO 2220-1 44th Street Chicago Avenue Dover Avenue 2220-2 56th Street Wayne Avenue York Avenue 2220-3 Vicksburg Avenue 54th Street .55th Street 2220-4 54th Street Salem Avenue Utica Avenue 2220-5 W/side Salem Avenue 66th Street 67th Street 2220-6 W/side Avenue N 52nd Street 53rd Street 2220-7 53rd Street Avenue L Avenue P 2220-8 E/side Avenue J 56th Street 58th Street 2220-9 Elkhart Avenue' 45th Street 46th Street 2220-10 55th Street Wayne Avenue York Avenue 2220-11 57th Street Wayne"Avenue York AVenue 2221-1 Toledo Avenue 4th Street Alley S. of, 7th St. 2*221-2 Salem Avenue 54th Street 55th Street 2221-3 Utica Avenue 56th Street 58th Street 2221-4 W/side Salem Avenue 65th Street 66th Street 2221-5 Vicksburg Avenue 56th Street 58th Street 2221-6 56th Street Vicksburg Avenue Utica Avenue 2221-7 Chicago Avenue lst Place 2nd Drive 2222-1 S/side 21st St(widening) Knoxville Avenue Louisville Avenue 2222-2 58th Street Wayne Avenue Slide Road 2222-3 58th Street Utica Avenue Vicksburg Avenue 2222-4 Frankford Avenue 19th Street 24th Street UNIT AND SUB -UNIT NO. ALLEYS FROM TO A-411-1 E-W between 19th and 20th Hartford Avenue A,'-411-2 E-W between 44th and 45th Gary Avenue A-411-3 E-w between 59th and 60th Gary Avenue A-411-4 E-W & N-S between 69th Memphis Avenue and 70th St: A­411-5 E-W between Main and Avenue U Broadway Indiana Avenue Hartford Avenue 636.61 ft. E. of Gary' Avenue Nashville Drive Avenue V THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED',.AND APPROVED THIS 22ND-D&Y OF APRIL, 1971. T ti /I'D AXTU VD D V APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred.O. Senter, Jr.. Fred 0. Senter, Jr., City Attorney: 71-30-148-386 The City Council considered the proposal of -Mr. J. A. Peel to sell or,trade parts of Lots 13, (32) 14, 15 and 16, Block 7, Original Town. After consideration of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby., Hollingsworth, Baker and Turner voting Yea, none voting Nay, to reject the proposal of Mr. J. A. Peel., 71-30"148-387 The City Council considered the purchase.of an eight acre tract of land located east of the (34) Goodnight Sausage property and west of Quirt Avenue at $1,000 per acre to be used for Airport expansion. After consideration 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 purchase of this eight acre tract of land. 71-30-148-388 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor (35). Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6082 on first reading. ORDINANCE NO. 6082 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, There is hereby appropriated out of the following described bond fund, to -wit: Airport Capital Projects Fund 09�i t�M For the following purpose: Purchase of 8.0 acres $8,000.00 Legal and closing costs 200.00 Appraisal costs 200.00 TOTAL $8,400.00 (Charge to account no. 5042-551) LEGAL DESCRIPTION: An 8 acre tract of land out of the NE/4 of Section 10, Block A, Lubbock County, Texas, beginning at a point in the south line of the said quarter section, 528' east of the SW corner. Thence N. 1320', E. 264', S. 1320', W . 2641 to the place of beginning. 71-30-148-389 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (36). Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize final payment to Ed Lampe in the amount of $927.07 for remodeling of G.A.D.O. space,at Lubbock Regional Airport. CERTIFICATE FOR PAYMENT TO: City.of Lubbock, Lubbock, Texas, Owner Architect's Job No. 113-70 Certificate No. 2 Date March 19, 1971 THIS IS TO CERTIFY that in accordance with your contract dated January 4, 1971, Ed Lampe Building Contractor, Inc., Lubbock, Texas, General contractor for remodeling for GADO Offices, Executive Air Terminal, is entitled to the Final payment which is for the period February 2, 1971, through March 17, 1971, in the amount of Nine Hundred Twenty-seven and 07/100 Dollars (E927.07). The present status of the account for the above contract is as follows: Original contract sum ....... $4)300.00 Total additions .............$ 830.70 Sub Total .................$ Total deductions ............ $ Total amount of contract to date ......... $5,130.70 Amount previously paid contractor ......... $4,203.63 Amount of this Certificate ...............$ 927.07 Total due contractor to date ...................... $5,130.70 Retained on previous estimates..... % $ Retained on this estimate.......... % $ Retained for .$ Total retained to date ............................$ -0- $927.07 This is to,certify that all bills are paid for which previous certificates for payment were issued. ED LAMPE BUILDING CONTRCTOR, INC., Contractor Per /s/-Edward Lampe Date 3-24-71 Estimated total work completed to date ............ $5,130.70 Balance of incompleted work ........ $ Balance yet to be paid contractor .for incompleted work & retainage.$ .,This Certificate is based on the estimated amount of work completed in the period covered and any retainage shown is. deducted therefrom. This Certificate is not negotiable, it is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to.any rights of the owner or contractor under their contract. ATCHESON, ANKINSON AND CARTWRIGHT Architects and Engine Per Isl Atmar'L. Atkinson Date March 19, 1971 71-30-149-390 The,City Council considered the sale of 16 small T-Hangars located at the Lubbock Regional Airpox (38 & 49) being Bid No. 1554. After consideration 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, that the pro- posals received for the purchase of these T-Hangars be rejected and the T-Hangars not be sold. 71-30-149-391 Motion was,made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (39) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. R 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 Supplemental Agreement No. 21to Lease No. FA65SW-418 Lubbock, Texas, between the City of Lubbock and the United States of America 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 22nd'day of April, 1971. 1Z A J. H. GRANBERRY. OR ATTEST• ON Lave is Lowe, City Secrettarv-,Treasurer /s/ Fred 0. Sen4er, Jr.. Fred 0. Senter, Jr., City Attorney DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRAA ION . SOUTHWEST REGION FORT WORTH, TEXAS 76101, Lease No.: FA65SW-418 GADO/Weather Bureau Lubbock, Texas WHEREAS, on January 28, 1965, a lease was %Tentered into between the undersigned to cover land, buildings, and appurtenances thereto for quarters of the Federal.Aviation Administration and the Weather Bureau on Lubbock Municipal Airport, Lubbock, Texas, AND WHEREAS, on 20 deptember 1965, this lease was supplemented to change Article 7, 15 and 16; AND WHEREAS, the Government has a need for an additional Five Hundred Square Feet of office space fox the General Aviation District office, and the remodeling of the offices is now complete and final cost has been determined, both parties to this lease are hereby revising the said lease to r_e.n;evt an annual rental and other provisions based on the prior agreement of both parties; NOW.THEREFORE, Effective 1 April 1971, the parties do hereby amend said lease in the following respect and these only: Article 7 shall be revised to reflect an annual rental of Nineteen Thousand Two Hundred Seventy -Eight and 98/100.Dollars ($19,278.98) in accordance with the formula provided in Article 91) Article 16 shall be deleted and the following substituted in lieu thereof: The Lessor shall supply custodial services to include water service; sewage service; refuse collection and disposal; janitorial supplies including toilet paper, soap, paper towels; initial and replacement supply of light bulbs as required; janitorial cleaning services, periodic window washing, floor waxing and buffing as required; installation and maintenance of sprinkler system; ground maintenance; cleaning, striping and maintenance of auto parking facilities; repainting of interior of the building in accordance with lessor's usal repainting standards; maintenance of installed restroom plumbing fixtures; and maintenance of refrigerated drinking fountain. Services to be supplied to a total of 7,156 square feet @ $1.39 per square foot or Nine Thousand Nine Hundred Forty -Six and 84/100 Dollars ($9,946.84) per annum. The provisions of this Article 16 may be cancelled for purposes of renegotiation and/or elminiation upon receipt of 30 days notice from either party to this lease. Article 17 shall be revised to reflect an annual rental of Twenty -Nine Thousand Two Hundred Twenty -Five and 82/100 Dollars ($29,225.82). IN WITNESS WHEREOF, The parties hereto have hereunto subscribed their name as of the date first above written. ATTEST: By/s/M. H. Ford Title: Accountant BY Isl Marvin W. Coffee Title: Director of Aviation BY GRANBERRY, MAYOR MUM10ftaml BY /s/ J. T. Sammons Title: Contracting Officer Chief, Real Estate & Utilities Section, SW 412 71-30-150-392 The City Council considered a program of self insurance covering all City Officials, Officers (40) and employees. The City Council passed a Resolution on May 13, 1954, providing for Workmen's Compensation Insurance. After consideration of all information.presented, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6083 on first reading. ORDINANCE NO. 6083 AN ORDINANCE REPEALING THE RESOLUTION OF THE CITY COUNCIL DATED May 13, 1954, PROVIDING FOR WORKMEN'S COMPENSATION INSURANCE-: ESTABLISHING A SELF -INSURED WORKMEN'S COMPENSATION PROGRAM FOR CITY OF LUBBOCK OFFICERS, OFFICIALS AND EMPLOYEES; PROVIDING FOR RULES OF ADMINISTERING SUCH PROGRAM; PROVIDING FOR NOTICE TO THE INDUSTRIAL ACCIDENT BOARD OF TEXAS AND TO THE EMPLOYEES OF THE,CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-150-393 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (43) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. gwoRgoteg 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 Corrected Warranty Deed in favor of C. A. Clarke and wife, Mary Etta Clarke, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutesof this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this 22nd day of April, 1971. J. H. GRANBERRY YOR ATTEST: Lavenia Lowe, City tecret_fry-Treasurer Isl Fred 0. Senter, Jr. Fred O. Senter, Jr., City Attorney RONMIAPM4011 1 .3 UW0110101)] THE STATE OF TEXAS I KNOW.ALL MEN BY THESE PRESENTS: THAT THE CITY OF LUBBOCK, A. Home Rule Municipal Corporation of Lubbock County, Texas, for and in consideration of the sum of TEN AND NOIIOO ($10.00) DOLLARS and other good and ugn CLARKE of the County of Lubbock, State of Texas, all that certain' tract or parcel of land lying and situated in the County of Lubbock, State of Texas, known and described as follows, to -wit: A parcel of land out of Block Five (5), Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point 176 feet North of the Southwest corner of said Block 5; THENCE North 62.2 feet to a point; THENCE East 161.5 feet to a point; THENCE South 52.2 feet to a point; THENCE South 45 0 West a distance of 14.4 feet to a point; THENCE.West 151.5 feet to the PLACE OF BEGINNING. This is to correct clerical errors in the legal descritpion of the property which were made in prior deeds that have been filed for record. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said C. A. CLARKE and wife, MARY ETTA CLARKE, their heirs and assigns forever and the said CITY OF LUBBOCK does hereby bind itself, its successors and assigns to Warranty and Forever Defend, all and singular the said premises unto the said C. A. CLARKE and wife, MARY ETTA CLARKE, their heirs and assigns, against the acts of the Grantor herein, and all claiming by, through or underit and not otherwise as to matters accruing on or'prior to January 12, 1961. IN WITNESS WHEREOF, the said CITY OF LUBBOCK has caused these presents to be signed by its duly authorized officers and to be dealed with the Seal of the CITY OF LUBBOCK, at Lubbock, Tex this 22nd day of April, 1971. CITY OF BOCK ATTEST - A'121�ed A Lav66ia Lowe, City Secr4tary-Treasurer 71-30'-151=394 The following bids were received for the purchase of pipe for street light poles and street (44) lighting material for warehouse stock, being Bid No. 1559 and Bid No. 1568. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Fort Worth Pipe and Supply Co for the purchase of steel pipe, various sizes for fabricating street light poles and to accept the bid of Braybar Electric Co. for the purchase of Items 1-3; accept the bid of Southwestern Electric Supply for`. the purchase -of Item 4; accept the bid of Westinghouse Electric Supply for the purchase of Item 5; accept the bid of Nelson Electric Supply Co. for the purchase of Items 6 ! ' 7 and 11; accept the bid of General Electric Supply Co. for the purchase of Item 8; accept th bid of Nunn�Ele'dtrio-i-Sup�,ty-,,~Coro�.f6rrthdopurchase of Item 9; accept the bid of Temple, Inc. for the purchase of Item 10. Tie bids were received from Graybar Electric Co. and General Electric Supply Co. for the purchase of Item 13. Lots were drawn and the bid of Graybar Electric Co. was accepted for the purchase of Item 13. 71-30-151-395 The following bids were received for the purchase of miscellaneous water items for warehouse (45) stock, being Bid No. 1560, Bid No. 1561, and Bid No. 1565. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of M. B. McKee Co. for the purch ase of valves 2", 4" and 8" for warehouse stock; accept the bid of Western Industrial Supply Co. for the purchase of cast iron fittings for warehouse stock; and accept thetW4 of Morrison Supply Co. for the purchase of Item 1; accept the bid of M. C. McKee Co. for the purchase of Items 2-4; accept the bid of Smith -Blair Inc., Taxarkana, for the purchase of Items 5 and 6; and accept the bid of Western Industrial Supply Co. for thepurchaseof Item 7. 71-30-151-396 The following bids were received to establish percentage discount from published list prices for (46) a period of one year for library books, being Bid No. 1562, Bid No. 1563, and Bid No. 1564. Bid Tabulation set in Bid Book. After consideration of all bids receivedi,motion was made-by,Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid'of The Baker and Taylor Co.:, Momence, Illinois, for casebound books; accept the bid of Bound to Stay Bound Inc., Jacksonville Illinois, for prebound books; and accept the bid of Mottor Book Binding Co., Muskogee, Okla., to establish book and magazine binding price on a single unit cost regardless of height and/or thickness of volume. 71-30-152-397 (47) 71-30-152-398 (48) The following bids were received to establish price for a period of one year on meals for prisoners in the city jail, being Bid No. 1572. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Hollingsworth; motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Pete's Cafe for meals for prisoners in city jail for one year beginning May�l, 1971, and ending April 30, 1972. The following bids were received to establish price for seasonal requirements for fertilizer for various department, being Bid No. 1574. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Williamson Seed Co. for fertilizer. 71-30-152-399 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor (50) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that thefollowingResolution be passed. RESOLUTION WHEREAS, Lubbock Goals for the Seventies sets forth as -a goal "To honor, to perpetuate and to increase in Lubbock that combination of individual spirit and,feeling of community which exemplifies the best of our American heritage" as a means of participating in the celebration of the American Revolution Bicentennial.; and. WHEREAS, that very quality has been abundantly evident among the citizens of Lubbock as our city struggled during the past year to recover from one of history's most devastating tornadoes; and WHEREAS, the citizens of Lubbock have met adversity with courage by authorizing, as a tornado recovery program, the expenditure of $13,600,00 ($7.8 million for a memorial civic center; $2.8'miilion for a series of eight lakes in Yellowhouse Canyon throughout the length of the city; $1.8 million for park improvement; and $1.2 million for a library); and WHEREAS, concurrent federally-assisted-programs.are bringing about neighborhood redevelop- ment and preservation and interpretation of the Lubbock Lake Site, an archeological and paleonto- logical site of the highest scientific importance; and a $14 million airport expansion program is underway; and WHEREAS, Texas Tech University, the new Museum of Texas Tech University, and particularly the Ranch Headquarters project, with its own broad base of citizen involvement, will participate in the, celebration of the AmericanRevolution Bicentennial; and WHEREAS, all of these conditions and projects.combine to meet Lubbock's goal. of participa- tion in the celebration of the American Revolution Bicentennial; NOW THEREFORE: '5111re 1: 17 1 ummslili THAT the City Council, in cooperation with Texas Tech University, the Museum of Texas Tech University, the Ranch Headquarters Association, the Lubbock Chamber of Commerce, Committee 70 and other active citizens organizations, will seek for our community the title "Bicentennial City of Texas"; and Be it further resolved that the City Council hereby encourages all Lubbock citizens to participate actively in.the.celebration of our nation's 200th birthday. Passed by the City Council this 22nd day of April, 1971. J. H., GRANBERRY A T T En: J Laf,enia Lowe, City Sec(retary 71-30-152-400 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (51) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION SUPPORTING AMENDMENT NO. 4 WHEREAS,, the 62nd Texas Legislature, at its Regular Session, 1971, has passed Senate Joint Resolution No. 17, a proposed amendment to add a new Section 49-d-1 to Article III of the Texas Constitution; and WHEREAS, said proposed amendment will appear on the ballot at a.Special Election to be held on May 18, 1971,.as Amendment No. 4; and WHEREAS, proposed Amendment No. 4 will permit the Texas Water Development Board, on WHEREAS, the proposed Amendment No. 4 provides that bonds authorized under this new Section 49-d-1 and all bonds authorized by Sections 49-c and 49-d of Article III, Texas Constitution, may bear interest at not more than 6%, instead of the existing rate of 4%; and WHEREAS, the adoption br the people of proposed Amendment No. 4 would make it possible for the State of Texas to -realize a greater return on tax dollars now going to Washington, since the Federal matching share of costs would increase from a maximum of 33% to 55%, as the State enters the program with grants and loans; and WHEREAS the increase in the maximum interest *rate ,from 4% to 6%, as provided in Amendment No. 4, will make it possible for the Water Development Board to sell its bonds in today's competitive bond market; and WHEREAS, the passage of the proposed AmendmentNo. 4 would make more funds available to assist local government in providing facilities to adequately treat -and dispose of their wastes, thereby enhancing the quality and quantity of the State's water, and lifting some of the tax load from already overburdened city taxpayers; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK K that it endorses Amendment No. 4 on the ballot at the Special Election to be held on May 18, 1971. BE IT FURTHER RESOLVED that the City Council urges the citizens to go to the polls on May 18, 1971, and vote for the passage of Amendment No. 4. PASSED AND APPROVED, this 22nd day of April, 1971. 31 ATTEST Lavenia Lowe, City Secr7Lary-Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-153-401 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (52) Granberryand Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to appoint the following as members of Committee to Study Emergency Communications Warning System: 71-30-153-402 (42) Bill Blackwell Bill Payne John Halbrooks Bill Baker, KSEV,'-1 Frank Lee, KMD B. J. Latta, XLBK Roger Hively, KFYO Vaughn Hendrie, Avalanche Journal Darrell Vines The City Council considered the request of Mr. Walter W. Klus for a waiver of a building setback line on the southwest side of the traffic circle on the Tahoka Highway. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to grant permission for repairs and remodeling to the Gulf Oil Company service station located at the Tahoka Traffic Circle. April 27, 1971 Mr. Walter W. Klus Regional Real Estate Representative Gulf Oil Company - U.S. P. 0. Box 6308 Lubbock, Texas 79413 Dear Mr. Klus.: The City Council has agreed to permit repairs andremodelingto the Gulf Oil Company service station located at the Tahoka Traffic Circle here in Lubbock. This consent is given with the understanding that the repairs andremodelingwill be of the extent, which you explained to me and to the Building Inspection office. This does not in any way constitute a waiver or repealof the building line ordinance which affects this property. Cordially yours, /d/ Kenneth Jones Kenneth Jones Senior Assistant City Attorney 154A r-7 The Governing Body of the City of Lubbock has heretofore ordered that the following portiol of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubboc Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced concrete five (5) inch thick alley pavement, reinforced concrete reailroad crossings and street pavement with caliche base, five (5) course asphalt surface, storm sewers and drains: where nexessary on streets, highways, avenues and/or alleys, designated below: 156A Aft,tt qp� 71-30-156-404 (33) J. IT. GRANBERRY ATTEST Lave. is -Lowe, CiIE#f -W&ffar_y:—Treasurer /s/ Fred 0. Senter,_ Jr. Fred.O. Senter, Jr., City Attorney. THEZSTATE OF TEXAS ALLEY USE LICENSE KNOW ALL MEN BY TRESE'PRESENTS: This indenture made this 22nd day of April, 1971, between the CITY OF LUBBOCK, TEXAS, A Home Rule.Municipal Corporation, and T. L. ABERCROMBIE hereinafter called "GRANTEE". WITNESSETH: 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, privilege and license to occupy and maintain a portion of the alley as described below; BEGINNING at the Northwest corner of Lot 1, Block 6, Liff Sanders Addition to the City of Lubbock, Texas; THENCE West a distance of 10.0 feet to a point; THENCE South,,a distance of.174.0 feet to a point; THENCE East a distance of 10.0 feet to a point; THENCE North a distance of 174.0 feet to the POINT OF BEGINNING. 11. A drawing of the use if attached hereto and made a part hereof and the use granted hereb, is limited to that shown on such drawing. 2. The terms of this grant shall be from year to year not to exceed twenty (20) years with- out renewal by the City Council, and tfie CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to GRANTEE. Said notice shall be deemed properly served if deposited in the Post.,office, postage paid, addressed to GRANTEE at 330 Avenue H. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or thel abandonment of the license by the GRANTEE, the improvements that are permitted under this licensel shall be removed by the GRANTEE and the property shall be restored 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. 11 3. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of THIRTY-FOUR AND EIGHTY/100 ($34.80) 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 January 1st of each.succeeding year for the duration of this license. 4. Payment of'the.annuol fee provided above, except.;the initial payment shall be made by GRANTEE.to CITY OF LUBBOCK on January 1st of each year this license is in effect. Notice of suchl 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 I license shall be considered forfeited and. may elect to demand vacation by GRANTEE. 5. Prior to any construction as authorize . d 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. 11 6. The GRANTEE agrees to pay all costs arising our of the exercise of the licnese herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 7. In the event the CITY OF LUBBOCK determines that the existence of such use interfers wit or causes the re-routing or re -alignment of any public utility, franchised 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 expense of such re -locating or re-routing over and above the expense which would have been incurred except for GRANTEE'S use herein. 8. This license is not transferable by the GRANTEE without first receiving the written consent of the City Manager of the City of Lubbock. 9. 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 commence any part of the construe-i Linn na ha -rain n^r^aa n-%, ^r oll ^4: f-1,� ­i- ­f - - - - - - - f-, +-1— —A 4.-. event said GRANTEE, his heirs And assigns, will at all time 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,4k* or in equity of 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 mainten- ance 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 engaged in the construction, repair or maintenance permitted herein,:to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in the amount and in the form satisfactory to said CITY OF LUBBOCK, guaranteeing the failthful 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 withthe 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 opportunity to settle or adjust the same. 10. 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 Attcrney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 11. 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 8. 12. GRANTEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or right 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. ATT Lavenia Lowe*, City Secietary-Treasurer Isl Fred 0. Senter, Jr. Fred 0. Seftter, Jr., City Attorney F.X% I M10 Isl Sam Wahl Sam Wahl, Director of Public Works AGREED TO AND ACCEPTED THIS 22nd day of April, 1971. CITY 0 BOCK J."H. _ CRANBERRY,, YOR LICENSEEt 71-30-158-405 The City Council considered the request of Mr.. CalvinHioggard that the interest on a paving lien (41) covering Lot'13,-Block 4, Clutter Addition be waived, said lien being dated April 23, 1965. This lien covers Unit No. 2121-3, Certificate No. 26. The original,paving assessment was for $778.87 and the unpaid balance is $376.87. After consideration of all information presented, motion was made I by Councilman Hollingsworth, seconded by Councilman Rigsby, .motion -carried, Mayor Granberry and Councilm6nRigsby, Hollingsworth., BakerandTurner voting Yea, none voting Nay, to authorize the interest be waived covering the remaining unpaid balance. May 2, 1971 George Lemon City Attorney City of Lubbock Dear Sir: I am writing in regard to the paving debt against my place which is SEk of Tract 13, Block 4,* Clutter Addition on'E. 50th. 20 feet of land across my 100 footfrontage.was dedicated for the purpose of widening this road; therefore, I never received any money whatever for right of way across my place. other people received money for their right of way which help them pay for their paving, but no us. I haven't veen financially able to pay for my paving. I have paid some of the principal and will agree to pay the remainder of the unpaid balance on the principal whenever I can sell my place or by small payment whichever comes first. I am requesting the interest that has accumulated and will accumulate on this debt be forgiven. 159 APR 2 2 1971 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUN L JOURNED FROM REGULAR MEETING, Aprtl''.22, 1971. E Il CRANBERRY, MAYOR ATTEST: ,77 -Lc c Lave is Lowe, Citj Secretary -Treasurer I; READ AND APPROVED THIS 13TH DAY OF MAY, 1971. �a j J JKrIGANBERRY., MAYOR ` ATTEST: Lave is/Lowe, City ecretary-Treasurer R I M, rgi The City Council of the City of Lubbock, Texas, met at 1:30 o'clock p.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 and John E. Baker, City Manager W. R. Black- well, Assistant City Manager Robert Wilson, City Attorney Fred 0. Senter, Jr., and City Secretary - Treasurer Lavenia Lowe. Absent: Councilmen Lonnie F. Hollingsworth and Morris W. Turner. 71-30-160-406 The invocation was given by Wayne Sherrell, Director of Traffic. (1) 71-30-160-407 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 71-30-160-408 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (3) Granberry and Councilmen Rigsby, and Baker voting Yea, none voting Nay that the following Resolution be passed. RESOLUTION RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP OPEN -SPACE LAND. WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open -space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open -space land as part of the comprehensively planned development of the urban area; and WHEREAS,, theCity of Lubbock (herein sometimes referred to as "Applicant") desires to acquire and develop park and recreation facilities to certain land designated locally as the Canyon Lakes Project, which land is to be held and used for permanent open -space land for park and recreation facilities; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of land acquired and/or developed; and WHEREAS, it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open -space land project are offered decent, safe and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS, it is estimated that the cost of acquiring said interest will be $1,019,074.00; and WHEREAS, it is estimated that the cost of development of said land will be $1,072,926-00; and, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $1,046,000.00 and that the applicant will pay the balance of the cost from other funds available to it. 2. That the Mayor is hereby authorized and directed to execute and to file such applica- tion with the Department of Housing and Urban Development and to execute such contracts as are required by said Department. That the Director of Planning is hereby authorized and directed to provide additional information and to furnish such documents as may be required by said Department and to act as the authorized correspondent of the Applicant. 3.., That the proposed acquisition and development is in accordance with plans for the allocation of land for open -space uses, and that, should said grant be made, the Applicant will acquire, develop, and retain said land for the uses designated in said application and approved by the Department of Housing and Urban Development. 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. Passed by the Council this 28nd day of April, 1971.