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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1971233 71, 71-30-233-600 (1) 71-30-233-601 (2) 71-30-233-602 (3) 71-30-233-603 (12) June 23, 1971 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Texas, met at 10.:100 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., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None The invocation was given by Mayor James H. Granberry. 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 June 10, 1971, and Special Meeting held June 16, 1971. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6103 on second and final reading. Mayor.Granberry was absent at the time of this motion. ORDINANCE NO. 6103 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 tor an approved project; NOW THEREFORE, .. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The sum $7,560.00 For the following purpose: For two (2) 5' high pedestrian inside guard fences, on East 26th Street overpass, Hickory to Weber Drive. 71-30-233-604 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Pro Tem. Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6104 on second and final reading. Mayor Granberry was absent at the time of this motion. ORDINANCE No. 6104 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL,OF THE CITY OF LUBBOCK: There is hereby appropriated out.of the following described bond fund, to -wit: Water Capital Project Fund The sum $14,316.68 For the following purpose: Install water lines ahead of 1971 Paving Program at the following locations: 6" water in York Ave. between 54th St.4 58th St. $1,401.75 V' water in Ave. N,between 52nd St. & 53rd St. & in 2,845.33 53rd St. betty Ave. N and Ave. P 8" water in Elkhart.Ave. between 45th St. & 46th St. 797.63 10".water in Toledo Ave. between 4th St. 7th St. 5,956.82 8" water in Salem Ave.' between 54th St..,.& 55th St. 3,315.15 TOTAL WATER LINES IN STREETS $14,316.68 71-30-233-605 Motion was made by Councilman -Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (14) Pro Tem, Rigsby and'Councilmen.Hollingsworth, Baker and Turner voting Yea., none voting Nay, to` pass Ordinance No. 6106 on second and final reading. Mayor Granberry was absent at the time of this motion. 234 1971 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improve- ment Bond Fund The sum $13,500.00 For the following purpose: Acquisition of Right -of -Way to widen University Avenue. $13,100.00. Land 1 400.00 Supplemental Expenditures Legal description of this land is: Lot:l, Block 2, Park Lawn Addition. 71-30-234-606 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (15) Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance'No. 6109 on second and final readong. Mayor Granberry was absent at the time of this motion. WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Canyon Lakes Bonds The sum $5,000.00 For the following purpose: One (1) property survey on seventeen (17) separate property sites. These sites are indentified by the attached list (See original ordinance). 71-30-234-607 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (16) Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6110 on second and final reading. Mayor Granberry was absent at the time of this motion. AN APPROPRIATION ORDINANCE WHERtAS* the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Storm Sewer Improvement The sum $5,500.00 For the following purpose: For purchase of 50' wide drainage easement on South side of Tract 36, Suburban Homes Addition to the City of Lubbock, including catch basin and channel from 46th Street.. 71-30-214-608- Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (17) Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6102 on third and final reading. Mayor Granberry was absent at the time of this motion. G.W.O. 10,733 ORDINANCE NO. 6102 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE EAST -WEST AND NORTH -SOUTH ALLEYS LOCATED IN THE FOLLOWING 'BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY IN BLOCK 1, MAXWELL ADDITION, THE EAST -WEST ALLEY IN BLOCK 20, MYRTLE SLATON ADDITION NO. 4, THE EAST -WEST ALLEY ABUTTING LOTS 324 THRU 331, 348 THRU 355, LEFTWICH-MONTEREY HEIGHTS ADDITION, THE EAST -WEST AND NORTH -SOUTH ALLEY ABUTTING LOTS 525 THRU 553, MELONIE PARK ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS 3 THRU 24, BLOCK 56, OVERTON ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 44TH STREET, 56TH STREET, VICKSBURG AVENUES, 54TH STREET, THE WEST k OF SALEM AVENUE, THE WEST k OF AVENUE N, 53RD STREET, THE EAST k OF AVENUE J, ELKHART AVENUE, 55TH STREET, 57TH STREET, TOLEDO AVENUE, SALEM AVENUE, UTICA AVENUE, CHICAGO AVENUE, THE SOUTH k OF 21ST STREET, 58TH STREET, FRANKFORD AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCIRBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF AT T AAA nn'r"^ 235 AM 23 1971 71-30-235-609 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (18) Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6107 on second and final reading. Mayor Granberry was absent at the time of this motion. ORDINANCE NO. 6107 AN ORDINANCE REPEALING SECTIONS 12-3., 12-4., 15-28-1.,•AND 14-20 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; BY AMENDING SECTION 14-1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO DEFINE WEEDS; BY AMENDING SECTION 14-19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO GROW IN THE CORPORATE.LIMITS OF THE CITY OF LUBBOCK UPON PRIVATE PROPERTY; REQUIRING OWNERS TO KEEP PRI- VATE PROPERTY FREE OF RUBBISH, BRUSH AND ANY OTHER OBJECTIONABLE UNSIGHTLY OR UNSANITARY MATTER OF WHATEVER NATURE; REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO GROW ALONG, ACROSS ABUTTING SIDEWALKS, PARKWAYS AND ALLEYS; PROVIDING FOR NOTICE OF VIOLATION AND DECLARING A MISDEMEANOR THEREOF; PROVIDING FOR THE CUTTING AND REMOVAL OF GRASS, .WEEDS, RUBBISH, BRUSH AND ANY OTHER OBJECTIONAL UN�JGHTLY OR UNSANITARY MATTER OF WHATEVER NATURE WITH THE COST INCURRED TO CONSTITUTE A LIEN AGAINST,THE PREMISES; PROVIDING A PENALTY; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING GRASS, WEEDS, RUBBISH AND BRUSH; PROVIDING.A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-235-610 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (19) Councilmen Hollingsworth, Baker and Turner voting Yea, Mayor Pro Tem Rigsby voting Nay, to pass Ordinance No. 6108 on second and.final reading. Mayor, Granberry was absent at the time of this motion. =11 ORDINANCE NO. 6108 (6/23/71),was amended by Ordinance.No.'8227 ORDINANCE NO. 6108 _ (9/10/81)' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW CHAPTER 33B ENTITLED "MOBILE HOME CODE"; DEFINING MOBILE HOMES AS USED HEREIN; PROVIDING FOR STANDARDS OF MOBILE HOMES PLACED WITHIN MOBILE HOMES SUBDIVISIONS; PROVIDING FOR INSPECTION OF MOBILE.HOME; PROVIDING,A SAVINGS,.CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-235-611 Motion was made by.Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (20) Pro;Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6086 on second:and.final reading. Mayor Granberry was absent at the time of this motion. ORDINANCE NO. 6086 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY ADJACENT TO THE WEST LINE OF LOT 8 SLIDE ROAD ADDITION TO THE CITY OF LUBBOCK, TEXAS, 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 ALLEY AS AFORESAID. 71-3Q-235-612 Motion was made by Councilman Hollingsworth, seconded;by Councilman Baker, motion carried, Mayor (21) Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. Mayor Granberry was absent at the time of this motion. 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 W. B. Rushing, 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 23rd day of June, 1971. J. H. GRANBERRY, OR ATTEST Lave is Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Is/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE.ST&TE OF TEXAS X KNOW ALL MENS�BY THESE PRESENTS: COUNTY OF LUBBOCK X 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 NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by W. B. RUSHING, 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 W. B. RUSHING, 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 Northwest corner of Lot 8. Slide Road Addition to the City of Lubbock, 6 JUN 2 3 1971 THENCE West along the'South right of way line of 23rd Street, a distance of 20.00 feet to a point; THENCE South a distance of 276.4 feet to a point; THENCE East a distance of 20.0 feet to the Southwest corner of Lot 8 said addition; THENCE North a distance of 276.4 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises together With'all and singralar the rights, privileges and appurtenances thereto in any manner -belonging unto the said W. B. RUSHING, his heirs and .assigns, nor any persons claiming under it shall; at any time hereafter, have, claim, or demand any right to title to the aforesaid premises or'appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 23rd day of June, 1971. CITY OF CK XIAV J. H. GRANBERRY' MA ATTEST: Lavenia Lowe, City S cretar -Treasurer 71-30-236-613 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor (33) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner:° voting Yea, none voting Nay, to pass Ordinance No. 6111 on first,. -.reading. ORDINANCE NO. 6111 AN ORDINANCE AMENDING ORDINANCE NO. 4251 OF THE CITY OF LUBBOCK; ESTABLISHING FLASHING SCHOOL ZONES AND AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMITS AT 20 MPH DURING SCHOOL HOURS IN SUCH ZONES AS PROVIDED HEREIN; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS AND HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS 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; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 71-30-236-614 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker., motion carried, (35) Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6112 on first reading. Councilman Rigsby was absent at the time of this motion. ORDINANCE NO. 6112 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON BOTH SIDES OF LOOP 289 AND LOOP 289 FRONTAGE ROADS AT IDALOU ROAD, 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 ORDINACES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS'NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS 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. 71-30-236-615 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (36) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, it has come to the attention of the City Council that the Congress, by its approval of the 1970 Federal Aid Highway Act, authorized the development of an Urban Street and Highway System, and THAT, the City of Lubbock is eligible to participate in this planning project; and WHEREAS, it appears desirable and in the best interest of the public welfare of the citizens of the City of Lubbock that the City of Lubbock participate in said project, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the present advisory committee of the Urban Transportation Plan BE and is hereby authorized and directed to act for and on behalf of the City of Lubbock acting in cooperation with the Texas Highway Department, District Five Office, to develop an urban transportation system so as to serve the goals and objectives of the -community based upon the planning process required pursuant to the provisions of the Federal Aid Highway Act of 1970 pertaining to the establishment of the Federal -aid urban system in urbanized areas and report to the City Council its findings and advice thereon. Passed by the City Council this 23rd day of June, 1971. J. H. E.R. , ATTEST4� ® ' ffld JUN 2 3 19" 71-30-237-616 Motion was made by Councilman Baker, seconded by Councilman Turner,'motion carried, Mayor (37) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 610 on first reading. ORDINANCE No. 6113 11-30-237-617 (40) AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "MOTOR VEHICLES AND TRAFFIC" BY ADDING A NEW SECTION 18-55.1 PROHIBITING THE HAULING OF TRASH, GARBAGE, TREE LIMBS, GRASS CUTTING, DEBRIS, OR ANY OTHER WASTEORDISCARDED MATERIALS UPON THE FOLLOWING PUBLIC STREETS OR -PARTS THEREOF, WITHIN THE CORPORATE LIMITS OFTHE CITY OF LUBBOCK, TO -WIT: MESA ROAD FROM AVENUE A (U'. S. HIGHWAY 87) NORTH TO KENT AVENUE AND ON KENT AVENUE FROM NORTH MESA ROAD TO NORTH AVENUE Q, AND ON YUCCA ROAD FROM AVENUE A (U. S. HIGHWAY 87) TO MESA ROAD AND ON SUNSET LANE -FROM AVENUE A (U. S. HIGHWAY 87) TO NORTH MESA ROAD; PROVIDING U,CEPTIONS FOR CITY OF LUBBOCK SANITATION DEPARTMENT VEHICLES AND PRIVATE VEHICLES MAKING COLLECTIONS OF TRASH, GARBAGE AND ETC., FROM PROPERTIES ADJACENT TO,THE DESIGNATED STREETS HEREIb AUTHORIZING THE PLACING OF APPROPRIATE SIGNS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS AND HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Turner, seconded -by Councilman Hollingsworth, motion carried, V Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City'of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Services :in favor of Urban Renewal Agency of the City of Lubbock, attached herewith which shalt 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 23rd day of June, 1971. ATTEST: Lavenia owe, City Se retaryTreasurer APPROVED AS TO FORM: Ls/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONTRACT FOR SERVICES ell J. H. GRANBERRY,/"OR This Agreement entered into this 23rd day of June,, 1971, between the Urban Renewal Agency of',,the City I of Lubbock, Lubbock County, Texas, (referred to as "Local Public Agency") and the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to as "Contractor"): WITNESSETH: WHEREAS, the Local Public Agency has, under date of August 19, 1970, entered into a Loan and Grant Contract with the United StatesofAmerica providing for financial aid to the Local Public Agency under Title I of the Housing Act of 1949, as amended -to date; and, WHEREAS, pursuant to such Contract, the Local Public Agency -is undertaking certain activit necessary for the planning or execution of a Project, situated in the Project Area described below; and, WHEREAS, the Local Public Agency desires to engage the Contractor to render certain technical advice and assistance in connection with such undertaking of the Local Public Agency; and, WHEREAS, the Local Public Agency and the Contractor are separate public entities and not connected; NOW THEREFORE, the parties to this Contract do mutually:agreec as follows: 1. Scope of Services. The Contractor,shall perform all necessary services provided under this Contract in connection with and respecting the following Project area within the City of Lubbock,'Lubbock County, Texas, and bounded as follows: Avenue Q on the West, Avenue F on the East, 4th Street on the South and the Canyon on -the North. and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Local Public Agency, the following: (a) provide plans for paving improvements (b) provide plans for storm sewer improvements including, field layout, final inspection and acceptance for final payment for both paving and storm sewer 238 jUN 2 3 1971 The Local Public Agency shall furnish the following data and information to the Contractor: KA) copies of all final plats filed of record in the Project Area. (b) a letter from the Local Public Agency to the Contractor delivered prior to the letting of any improvement contract stating that title to the right-of-way has been acquired by the Local Public Agency.and construction can commence forthwith. 2. Time of Performance. The services of the Contractor are to commence on July lst, 1971, and shall be undertaken and completed in such sequence as tolassure-their ,expeditious completion in the light of the purposes of -.this Contract;, but in any event all,of the services required hereunder shall.be completed within four hundred (400) consecutive calendar days from the date of this Contract. 3. Local Public Agency will pay•to the Contractor a sum not to exceed $7,500.00 which shall constitute full -and complete compensation for -Contractor's services hereunder. Such sum will be paid as follows: .The, Contractor shall deliver to the Local Public Agency within, the, first fifteen (15) days of a Wend I I ear To th f 11 ' ar moyth in which an coract.segvicqs we rendered, sgtu q a pa ei re an i ers. Rrmen? tnexn i thfcgpfrag c r rgpg mager �.a zuseS , i any,, A &A e peing,68 ?n: tie p orm. n Rcgukh V1884 and the sum demanded. The Contractor will charge the Local Public Agency for the actual labor and material expenses incurred by it in fulfilling the Contract. As a basis of determining the charges to the Local Public Agency, the Contractor has.established G.O.W..O. No. 955 to which all labor and material expenses will be credited. Employee time cards for the Project will be maintained together with requisitions for material used. All records will be open for inspection by the Local Public Agency. In addition to the compensation provided above, the Local Public Agency will reimburse the,:Contractor monthly for travel and subsistence expenses in connection with the performance of its duties under this Contract outside the City of Lubbock., Texas, the actual cost of its agents -or employees transportation by common carrier or the sum of .10 cents per mile if the travel is performed by its own vehicles, and not to.exceed twenty ($26.00) dollars per day of subsistence expenses. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $7,500.00 for all of the services required. 4. Terms and conditions. This agreement is subject to and incorporates the provisions attached hereto as Part II -- Terms and Conditions. 5. Non -Federal Labor Standards Provisions. The following labor standards provisions are applicable to this Contract under State or local law; Provided, That the inclusion of such provisions in this Contract shall not be construed to relieve the Contractor or any subcontractor from the pertinent requirements of any corresponding Federal labor standards provisions of this Contract: And provided further, That the limitations, if any, in these non -Federal labor standards provisions upon hours per day, per week, or per month which the employees engaged on the work covered by this Contract may be required or permitted to work thereon shall not be exceeded. Where minimum rates of pay required under State of local law are higher than the minimum rates of pay required by'or set forth in the Federal labor standards provisions of this Contract for corresponding classifications, auch,State .of local minimum rates shall be the applicable minimum rates of pay for such classifications. 6. Prevailing Salaries. Not less than the respective salaries prevailing in the locality as determined pursuant to the attached "Determination of Prevailing Salaries of Technical Positions" shall be paid to persons in the respective occupations listed therein employed in the,> performance of work under this Contract. .7.Certifications. The Contractor shall furnish to the Local Public Agency with each statement submitted for services, rendered certifications as to cqmpliance with Section 8 of this Part when applicable, and a similar certifications of his subcontractors with respect .to employees engaged,in work under this Contract. IN WITNESS WHEREOF, the Local Public Agency and the Contractor.have executed this agreement as of the date first above written. URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK ATTEST: ary ATTEST: A$% 0 Ta-venia Lowe, City sedretary-TTreasurer BY CITY OF CK J. H. 0, _GkMANBERRY, 7M PART Il - TERM AND CONDITIONS AND "DETERMINATION OF PREVAILING SALARIES OF TECHNICAL POSITIONS SET IN ONPAGE 238.. I WWI ;TUN 23 1971 71-30-237-617 (40) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-621 B RENE14AL ASSISTANCE ADMINISTRATION (2.69) CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES Part II — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive Just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the Local Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency Prom the Contractor is determined. 2.Termination for Convc e, niencof Loco-1 Public Agency. The Local Public ! Agency may terminate this Contract away time by a notice in writing from the Local Public A3cncy to the Contractor. If the Contract is'terminated by the Local Public Agency as provided herein, the Contractor will be paid an sxjbunt which bears the some ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract., less payments of corzipensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payiaent) for thlat portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Conti -act period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is ter -urinated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. J 3. Ch(_,nges. 'I"he Loccd Public PGency may, from tirae to time, request changes in the ecope of the services of the Contractor to be perfornmed hereunder. Such chanees, ir—c-luding any increase or decrease in the &rnaount.of the Contractor's coz-oonsation, *which are Mutually agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written =rendzy,;ents to this Contract. ZJ613 JUN 23 1971 Page 1 of 12 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1-Of f er Date of Offer Is i L"N 1371 Lubbock Regional Airport Project No. 8-48-0138-01 Contract No. DOT FA 71 SW-1110 TO: City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: The' united States of America (acting through the Federal Aviation Agency, herein re- f erred to as the "FAA") dated 8 WHEREAS, the Sponsor has submitted to the FAA a Projecl, App u,a to for a grant of Federal funds for a project for develop- 14 May 1971 Airport (herein called ment of the Lubbock Regional for such project, which Project Application, the "Airport,,), together with plans and specifications as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development Of the Airport (herein called the "Project,,) consisting of the following -described airport development: Construct E/W taxiway, NIS taxiway, exit taxiway for NIS runway, general aviation access taxiways; reconstruct Taxiway F from apron to E/W runway, I Taxiway G, Taxiway C, and a portion of Taxiway A; appropriate marking of new and reconstructed taxiways; 4 light E/W taxiway, Taxiway G, NIS taxiway, and a portion of and exit taxiway for NIS runway; rehabilitate Taxiways A, C, and F, high intensity lighting system on NIS runway; construct service road to general aviation area; construct 5-bay crash -rescue equipment facility. k. s all as more particularly described in the property map plan and specifications incorporated in and the said Project Application; PAGE 1 FAA FORM 1632 (3-62) USE PREVIOUS EDITION insert "preliminary plans and part hereof. made a submitted to the FAA estimates sub opriate clause- -Strike out the inappr on may 14, 1971," FAA Form 5100-1 Or Page(6-69) SUPERSEDES FAA FORM 1624, Page 1 0 OFFICE: 1969 0-356-628 U.S. GOVERNMENT PRINTING JUN 2 3 1971 71-30-239-618 The City Council considered delayed payment on streetz-1improvements on the 1971 Paving Improvemet (41) Program to be constructed on 56th Street and 58th Street from Vicksburg Avenue to Utica Avenue. This tract of land is owned by the Lubbock Independent School District.. After consideratiohi"of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Pro Tem Rigsby and Councilmen Hollingsworth, Baker and Turner votinj Yea, none voting Nay, to defer payment for a period of 2 years on 56th Street and for a period of I year on 58th Street with no interest. Mayor Granberry was absent at the time of this motioi 71-30-239-619 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor (45) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting 'Nay, that the following Resolution be passed. RESOLUTION WHEREAS, it has been determined by the City Council upon information by the Traffic Engineer.that.the.increased traffic along a portion of Avenue H between 2nd Street and 2nd Place within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of Avenue H; and, WHEREAS, it is necessary to acquire for street and highways right of way purposesthefee simple title to.the land hereinafter described, owned by T. L. Abercrombie; and, WHEREAS, the City Council has caused an appraisal to -be made of said land and the value and total damages, if any, to the owner, and all others, whose interest may appear, for fee simple title to said. land have been appraised -in the amount of $4,477.00, and the Council finds such amount to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of widening and improving the public street known and described as Avenue H, the fee simple title to the land lying and.baing situated in Lubbock County, Texas, and more particularly described as follows, to -wit:: All of Lots 1 and 2, Alicia Addition to the City of Lubbock, Lubbock County, Texas. THAT the owner, ner, T. L. Abercrombie, and all others, if any, whose interest may appear, be offered through the Right of Way.Department the amount appraised as the value and total damages, if any for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described for street Purposes.: Passed by the City Council this 23rd day of June, 1971. J. H. GRANBERRY, ATTEST: Lavenia Lowe, City Secreta*-Treasurer APPROVED ,AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-239-620 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (46) Mayor Granberry and Councilmen Rigsby, Hollingsworth,:Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE.CITY COUNQIL,OF. THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the City. Council of the City of Lubbock, Texas, shall and they do hereby accept a Grant Offer of Federal funds ' as made by the Chief Airports District office, Federal Aviation Administration, transmitted by letter dated June 16, 1971, for the purposes therein set out; that said City Council does hereby accept all the terms, conditions, and obligations thereinandthereby imposed and by their acceptance of same do hereby ratify the Project Application, and do hereby acknowledge such instruments as constituting a solemn and binding agreement -with the United States Government, for the purpose of obtaining Federal aid in the development of the Lubbock Regional Airport, and that such agreement shall be as set forth hereinbelow. SECTION 2. .THAT the City Council of the City of Lubbock, Texas, is hereby authorized and directed to evidence said City's agreement by'affixing his signature,to such agreement which is hereby,executed,in quintuplicate, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Lubbock, Texas,.thereon and to attest said execution. SECTION 3. That the Grant Offer referred to hereinabove shall be as follows: See Grant Offer set in on Page 238B. SECTION 4. For the preservation of the public peace, health, and safety, an emergency is hereby declared.to exist by reason whereof this Resolution shall be in full force from and after passage and approval. PASSED AND APPROVED by a majority vote of the Council of the City of Lubbock, Texas and approved by me this 23rd day of June, 1971. RAMI-1wei m g la 01a W-M—OW.Wils) =tM ATTEST: Lavenia Lowe, City Secretary -Treasurer /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney- 71-30-240-621 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (47) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to appoint Dr*. Willa V. Tinsley to replace Mrs; Alex Cooke and to appoint Dr. Curtis Driver to replace Rev. Robert L. Wells as members of the City -County Child Welfare Board. These terms are for three years and will expire June 1, 1974. 71-30-240-622 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (48) Mayor Granberry and Councilmen Rigsby,'Hollingsworth, Baker and Turner voting Yea, none voting Nay, to appoint Paul Beaineto replace Isidro Berlanga, and to reappoint'Father Aiden Donlon, Bill Swinney and Bill Whitwell as members of the Counseling Service Board. These terms are for two years and will expire July 1, 1973. 7130-240-623 Motion was made by Councilman Hollingsworth, seconded byCouncilman Rigsby, motion carried, (49) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to appoint George Nelson to replace Bob Blon and to reappoint Bill Pittman and W. R. Beilharz as members of the Lubbock Citizens' Traffic Commission. These terms are for three years and will expire July 31, 1974. 71-30-240-624 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 appoint Joe G. Trujillo to replace Louis Casauias a member of the Citizens' Grievance Commission. 71-30-240-625 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (55) '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 Supplemental Agreement #2, Lease No. FA66SW-8012, TRACON Space, Lubbock Regional Airport, 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 23rd day of June,. 1971. J. H.O%AAERRY, MA I ATTEST: Lavenia Lowe—, City secretaryt-Treasurer /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 r. Lease No. FA66SW-8012 TRACON Space Lubbock Regional Airport Lubbock, Texas SUPPLEMENTAL AGREEMENT NO. 2 THIS SUPPLEMENTAL AGREEMENT, made and entered into 'as .of the lst day of May 1971 by and between the United States,,of America-,, hereinafter called the Government; and the City of Lubbock, Texas, hereinafter called the City, whose address is Lubbock Regional Airport, Route 3, Box -201, Lubbock, Texas, 79401, WITNESSETH, That4 WHEREAS,, on the Ath day of March 1966, the parties hereto entered into Lease No. FA66SW- 8012, covering the installation of the TRACON facility on the Lubbock Regional Airport, then Lubbock Municipal Airport, and as more particularly described in said lease; and WHEREAS, the parties thereafter entered into Supplemental Agreement No. 1, increasing the rent, adding an automatic renewal clause, and adding a custodial and janitorial clause and being dated the 24th day of March 1966; and M JUN 2 1911 WHEREAS,. on the 10th day of February 1969, an administrative directive was issued requiring that all instruments covering Class I and II facilities be amended to include a paragraph citing clearly the funding responsibility for relocation, replacement, or modification of any such facilities by the City, the Government, or other parties; and I WHEREAS, the parties hereunto find it will be to their mutual benefit and advantage to said lease: NOW THEREFORE, the said lease is hereby amended effective I May 1971, in the following ..particular only, viz: 1. TO ADD: Paragraph 1,2, to the lease as follows: 12. FUNDING RESPONSIBILITY CLASS I II FACILITIES The Airport owner agrees that any relocation, tion, or replacement, or modification of any Federal Aviation Administration Class s I or II facility, or components_ thereof, as defined below, covered by this contract during its term or any renewal thereof made necessary by airport improvements ox changes which impair or interrupt the technical and/or operational characteristics of the facilit will be at the expense of the airport owner; except, when such improvements or changes are made At the specific request.of the Government. in the event such relocations, replacements, or modifications are necessitated due to causes .not a ' ttributable, to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receive] (Tower) Visual Landing Aids Airport-Traffic.Control Tower Direction Finding Equipment Airport Surveillance Radar VOR, TVOR & VORTAC (Instrument Approach) Airport Surface Detection Equipment Weather observing & Measuring Equipment Precision Approach Radar .(ova-ed & operated by FAA) ILS and Components Central Standby Power Plant ALS and Components CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Peripherals (Remote Control Air - Ground Communication Facility) VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities IN WITNESS WHEREOF, the parties hereto have executed.this agreement effective the date and year first above written.- TitleJ..H. GRANBERRY-4.' MAYOR THE UNITED STATE OF AMERICA BY/s/ Harold L. Keogh Harold L. Keogh, Contracting off TitleChief, Mana Real Estate nt & Dis]2osal--Un ftilities Section 71-30-241-626 Mr. Jack Geddes appeared -and complimented the City Council for the good.work they are doing for (5) ' the City. Mr. Geddes said that he fd1t.that it,would,be a great benefit to the City of Lubbock to have a Public Relations Office, that such an office would be instrumental in establishing better communications. This recommendation was taken under advisement by the City Council and the City Council expressed appreciation to Mr. Geddes for his interest in the betterment of Lubbock. 71-30-241-627 Mr. J. Q. Warnick, attorney representing Mrs. Mary Kate Curry, appeared before the City Council I (6) and made a request for 110 type.Certificate of Occupancy at 2135 51st Street. The 110 type zoning usage being for occupancy as children's nursery. Mrs. Curry was also present in the Council Chamber. There was a general discussion of the improvements that would be required to make this building at 2135 51st Street comply with "C" type usage. It was unanimously agreed byl the City Council to meet on July 7, 1971, to again consider.this request for Certificate of Occupancy. 71-30-241-628 Mr. J. B. Stevens, reprewenting Gold Bond Stamp Properties, appeared before the City Council (8) and requested bus service from the downtown area to 34th Street and Avenue R in the vicinity of I Family Park Shopping Center and.that bus service also.be furnished to serve the area in the vicinity of 28th Street and Avenue G. It was suggested to Mr.. Stevens that he contF�clt-`, the Bus Service Company and make this request. Mr. Stevens was advised by the City Council that a City bus study is being made at this time as to bus service in the City. Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilman Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny this request for bus service to the requested areas. 71-30-241-629 Mr. Dirk West, Chairman of the Park and Recreation Board'. appeared before the City Council and 1 (9) presented the recommendations of the Park and Recreation Board regarding bikeways for the City of Lubbock. Mr. West also requested that an appropriation from the General Fund in the amount of $2,145 be authorized for purchase and placing of said signs. Mr. West suggested that an additional $355 also be authorized for the making and distribution of maps to show the bikeway, routes in Lubbock. After consideration of all information presented, motion was madei,,,,ty cougaill MERM 71-30-242-630 Mr. Dirk West, Chairman of the Park and Recreation Board, appeared before the City Council and (9a) presented the recommendations of the Park and Recreation Board that Tuesday and Thursday of each week be made "Family Day" at the City Swimming Pools and that only $1.00 be charge beginning at 5:00 p.m. on these days. After consideration of all information presented, motiom was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve this request regarding "Family Day",�,! at City swimming pools. V 71-30-242-631 Mr. Bob Nash, Chairman of the Auditorium -Coliseum Board,, appeared before the City Council and (10) presented the recommendation of said Board that Article 7 bf'the Code of•Ordinances be - amended as set out in Ordinance No. 6114 as presented on this date. After consideration of Mr. Nash's recommendation, motion was made by Councilman Hollingsworth that the last part of Section 2-56 be left as is presently in effect. This motion died for lack of a second. Motion was then made by Councilman Turner, seconded by Councilman.Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the recom- mendation of the Auditorium -Coliseum Board as presented by Mr. Bob Nash be approved and that Ordinance No. 6114 be passed on first reading. ORDINANCE NO. 6114 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING ARTICLE VII, ENTITLED "AUDITORIUM -COLISEUM", OF CHAPTER 2 THEREOF PROVIDING FOR SUPERVISION AND OPERATION; PROVIDING FOR AN OPERATING FUND; PROVIDING FOR EX-OFFICIO BOARD MEMBERS; PROVIDING FOR A DEPARTMENT HEAD; PROVIDING FOR A BOND; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-242-632 Mr. Tim Lenning appeared before the City Council and stated that he is with American Independent (11) Distributors and that said Company employs young peQple, as young as 10 years of age, to sell products made by this company by going from door to, -door in the business and residential portions of the City. Mr. Lenning requested that the City Council authorize said young people to sell these products without securing a peddlers license as required by a City Ordinance. 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 deny this request. 71-30-242-633 The City Council considered passage of a resolution establishing the fair market value of 26 (32) parcels of land in the Canyon Lakes Project. Motion was made by Councilman Hollingsworth, seconded byCouncilman Turner, motion carried, Mayor Pro Tem. Rigsby and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that action on this item be deferred until a later date. Mayor Granberry was absent at the time of this motion. . . 71-30-242-634 The City Council considered passage of an ordinance establishing speed limits on Quaker Avenue (34) between 4th Street and the north city limits. Motion was made by Councilman Turner, seconded by Councilman Hollingsworth that Ordinance No: 6115 be,passed'on first reading, motion carried, Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, Mayor Granberry voting Yea except voting Nay on Item 4 Section 1. item 4 reading "A 40 MPH Speed Zone for both sides of Quaker Avenue beginning at 4th Street and extending south to 19th Street." ORDINANCE NO. 6115 AN ORDINANCE AUTHORIZING`THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON BOTH SIDES OF QUAKER AVENUE 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 PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDI- NANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 71-30-242-635 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (34a) Mayor Granberry and Councilmen Rigsby, igsby, Hollingsworth-, Baker and Turner voting Yea, none voting Nay, to reconsider passage of Ordinance No. 6115 on first reading. i 71-30-242-636 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (34b)" Mayor Granberry And Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that Ordinance No. 6115 be passed on first reading with the following change: Item 4 in Section 1 be changed to read "A 40 MPH speed zone for the west side of Quaker Avenue beginning at 4th Street and extending south to 19th Street and a 45 MPH speed zone for the east side of Quaker Avenue beginning at 19th Street and extending north to 4th Street. 71-30-242-637 The City Council considered a resolution approvi ' ng Neighborhood Development Program annual (38) increment, filing application for financial amended Urban Renewal Plan, and feasibility of relocation for the 2nd action year. Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollings— worth, Baker and Turner voting Yea, none voting Nay, to refer this item back to the Urban Renewal Board for reconsideration and recommendationV.. 71-50-242-638 Councilman Morris Turner discussed the recommendations of the Electric Utility Board as to a (53) rate increase request by Southwestern Public Service Company. It was unanimously agreed by the City Council that a meeting b& held with the Electric Utility Board before action is taken on this item. 71-30-242-639 Mr-. Bill Cantrell, Architect, appeared before the -City Council and discussed an architectural (55a) contract between the City of Lubbock and the architects covering the remodeling of Meadowbrook Golf Club House. Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize the City Attorney to work with said architect in preparing an architectural contract for this remodeling project and that the following Resolution be passed. Councilman Rigsby abstained from voting on this item. 71-30-243-640 (56) 71-30-243-641 (57) 71-30-243-642 (58) 71-30-243-643 (59) 71-30-243-644 (60) 71-30-243-645 (61) 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 an AGREEMENT between City of Lubbock and Bill W. Cantrell for architectural services covering alterations and additions to Meadowbrook Golf Clubhouse, Lubbock, Texas, 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 23rd day of June, 1971. J. H. GRANBERRY, IWIOR ATTEST: 1 41^ lfAhA, r, F O'd f rZ Lavenia towe, City Se7cretar-Treasurer APPROVED AS TO FORM; Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney See Agreement set in on Page 242B. The following bids were received for the purchase of miscellaneous electric items for warehouse stock, being Bid No. 1643. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 ' accept the bid of Temple,. Inc..for the purchase of Items 1, 3, 11 andt:44; accept the bid of General Electric Supply Co. for the purchase of Item 8; accept the bid of Nelson Electric Supply Co. for the purchase of Items 4, 12, 13 and 15; accept the bid of C. B. Anderson Co., Amarillo, for the purchase of Items 2, 5-7, 9 and 10. The following bids were received for the purchase.of sprinkler headsforthe Park and Recreation Department, being Bid No. 1628. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Hygeia Ozarka Lawn Sprinkler and Equipmpnt Co. for the purchase of sprinkler heads, for the Park and Recreation Department. The following bids were received for the purchase of 100,000 lbs.,of malathion dust for the Health Department, being Bid No. 1639. 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 Plainsiran Supply Co., Plainview, for the purchase of 100,000.lbs. of malathion dust for the Health Department. The following bids were received for the purchase of various tax receipts, eipts, being Bid No. 1623. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Cok4ncilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker anc Turner voting Yea, none voting Nay, to accept the bid of Moore Business Forms for the purchase of various tax receipts. The following bids were received for the pur'chase of 'a 'Night Vision System for the Police Depart- ment, being Bid NO. 1624. (To be reimbursed by Texas.Criminal Justice Council). 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 Ge,or.ge F. Cake Co., Dallas, for the purchase of Night Vision System for the Police Department. The following bids were received for the purchase of & sprinkler system at Elmore Park, being Bid No. 1644. 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'Hoiloway Contracting Company for the purchase of a sprinkler system at Elmore Park.*-- 71-30-244-646 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (61a) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6116 on first reading. zius Z1 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certainspecificfunds out of bond funds for an approved project; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $8,996.52 For the following purpose: To supplement GWO #10736 for installation of water systems on five (5) neighborhood parks: K. N. Clapp, Leroy Elmore, Booker T. Washington, 15th & Dover Park Site, And Chris Harwell Park Site. 71-30-244-647 The following bids were received for 1971 street and alley paving, being Bid No. 1661. (62) 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 Zahn Pavers Inc. for 1971 street and alley paving. 71-30-244-648 The following bids were received for leasing of T-hangars at the Lubbock Regional Airport, (64) being Bid No. 1606. Bid Tabulation set in Bid Book. After consideration of'all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Johnnie R. Berry, Berry's Limited for the leasing of T-hdngars at Lubbock Regional Airport. 71-30-244-649 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (39) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS -AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock entered into contract with W. D. Turner Construction Company (G.W.O. 10,715) for the making and construction of street improvements on portions of streets and/or avenues in said City including the following: 62nd Street from its intersection with a line 15 feet East of the East Property Line of Geneva Avenue (North Leg) to its intersection with the East Curb Line of Geneva Avenue (South Leg) . known and designated as New Subdivision Unit Number 1867. Geneva Avenue from its intersection with a line 15 feet South of the South Property Line of 62nd Street to its intersection with a line 15 feet North of the North Property Line of 63rd Street known and designated as New Subdivision Unit Number 1868. The North half of 63rd Street frcmits intersection with the East Lip Line of Indiana Avenue to its intersection with the East Curb Line of Geneva Avenue (North Leg) known and designated as New Subdivision Unit Number 1869-A. 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. 10,715). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, 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. I*@ This resolution shall take effect and be in force from and after its -aassage. PASSED AND APPROVED THIS 23RD DAY OF JUNE, 1971. Ar 7 J. H. GRANBERRY, I OR ATTEST: Lavenia Lowe, City Secretary -Treasurer APPROVED: APPROVED: A M_ 71-30-245-650 (22)' 71-30-245-651 (22a) 71-30-245-652 . (24) CONSOLIDATED FINAL ESTIMATE BRYAN PARK -ADDITION G.W.O. 10,715 Accepted June 23, 1971 S.Y. S.Y. L.F. Unit & Paving L.F. Drainage 12" Sub -Unit Location 6" Base C & G Channel C & Q NS 1867 62nd Street from 15' East of the EPL of Geneva Ave. (N. Leg) to the E. Curb Line of Geneva Ave. (S. Leg) NS 1867-A Nk City Cost 439.04 257.59 NS 1867-8 - S� Developer Cost .519.50 249.71 NS 1867-8 Sk City Cost 43.49 22.45 NS 1868 Geneva Ave. from 62nd Street to 63rd Street. NS 18.68-A Wk Developer.Cost� 433.78 244:00 88.89 110.00 NS 1868-8 Ek City Cost 433.78 244.00 46.38 NS,1869 63rd Street from Indiana Ave. to the E. Curb Line of Geneva Ave. (N. Leg) NS 1869-A Nk Developer Cost 1,978.66 1,072,.9(8 NS 1869-A Nk City Cost 43.49. 22.4-5— TOTALS 3,891.74 2,113.18 135.27 110.00 ,A 0, COST ESTIMATE 2,531.94 1,566.69 546.49 Wo 3,891.74 S.Y. Paving 6" Base @$1.97 $7,666.73 2,113.18 L.F. Curb & Gutter @$2.15 4,543.34 110.00 L.F. 12" High Curb & Gutter @$3.00 330.00 135.27 S.Y. Drainage Channel @$8.50 1,149.79 CONTRACT COST $13,689.86 COST DISTRIBUTION Developer City Unit & Contract Cost for Cost for Sub -Unit Cost 'Contract Contract. NS 1867 3,112.96 NS 1868 4,238.09 NS 1869 6,338.81 TOTALS 13,689.86 W-DOW00,11M 111111 0 1,560.29 2,464.71 6,20410'87 1,552.67 1,773.38- . 133.,94 10,229.87 3,459.99 + 717.51 717.51 10,947.38 2,742.48 NOTE: Due to water in the lake from recent rains, the complete drainage channel could not be constructed at this time. The balance of the developers part of drainage channel construction ($717.51) will -be done at a -later date by the City of Lubbock'. This amount has been substracted from the total City cost and added to fhe c"developers, cost to arrive at the total developers cost and the total amount due the contractor for the work he performed under G.W.O. 10,715. 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 remove Zone Case No. 1682 from the table for reconsideration. The City Council considered Zone Case No. 1682 - Request of A. Doyle Justice (for Clyde G. Tatuv to change property located on the southwest corner of 15th Street and Avenue A from a "C-4" to an "M-2" Zoning District. This zone casehaving been continued fro*mApril 21, 1971, City Council meeting. Mr. A. Doyle Justice, attorney representing Clyde G. Tatufii, appeared before the City Council in regard to this zone case. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, Councilman Hollingsworth voting Nay, to deny; this request for zone change. NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 23rd day of June, 1971; at 10:00 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Zoning Ordinance 1695 be Amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an.opportunity to be heard,,after which hearing, the City Council will determine whether the Zoning Ordinan,-, will be amended in accordance with such recommendation: 2 3 1971 ZONE CASE NO. 1737 - Request of Levis Garnett (for Mrs. L. C. Brown, Mr. R. Poehl, Mr. J. Poehl) to change a tract of land out of Section,8, Block E-2, City of Lubbock, Lubbock County, Texas, from an "R-1" to an ')A-1" Zoning District. Property is further described by metes and bounds to -wit: Prt. NE/4, Survey 8, Block E-2; BEGINNING at a point 1565 feet West and 734 feet South of the Northeast corner of Section 8, Block E-2;' THENCE West 180 feet; THENCE South 713 feet; F THENCE North 713 feet to the PLACE OF BEGINNING. The Planning and Zoning Commission recommended to the City Council that this request be approved' subject to the following condition: 1. Recommend approval of "A-l" zoning from a point even with the south right of way line of 53rd Street north to the existing "A-l" zoning and the property south of the south right of way line of 53rd Street to 54th Street be changed to "R-2". ZONE CASE NO, 1741 - Request of B. M. Steele to change Lot 13, Block 22, Vandelia Village Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "A-1" Zoning District. (North of 6-6-th Street and East of Avenue R) The Planning.and Zoning Commission recommended to the City Council that this request be approved subject to the following condition: 1. A solid six foot permanent type screening fence of wood or masonry construction be erected and permanently maintained along the north property line. The fence shall be erected prior to or concurrently with building permit and according to Section 15.1-2-2 of the Zoning Ordinance. ZONE CASE NO. 1462A - Request of John G. King (for Jack Creel) to change Lots 8 through 11, Block 27, Modern Manors Addition, City of Lubbock, Lubbock County, Texas, from a "C-2A" to a "C-2" Zoning District. (Northeast corner of 50th Street and Detroit Avenue) The Planning and Zoning Commission recommended to the City Council that this request be approved subject to the following conditions: 1. Tied to a revised site plan approved by the Traffic Engineer. 2. Restricted to "C-2AI' sign regulations. ZONE CASE NO. 1490A - Request of Don J. Crow to change conditions one and four of Ordinance 5307 to allow access from Slide Road on Lots 1 and 2, Fiesta Autoland Center Addition, City of Lubbock, Lubbock County, Texas. (South of Loop 289 and East of Slide Road) The Planning and Zoning Commission recommended to the City Council that this request be ap2roved, subject to the following condition: I., Tied to the revised site plan as presented. ZONE CASE NO. 1742 - Request of Carey May, Mrs 1 ..A. W. May, and Marjie Chapman to change Lots I through 6, Block 4, Massey Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "A-1". Zoning District.. (Southeast corner of 33rd Street and Avenue X) The Planning and Zoning Commission recommended to the City Council that this request be agproved subject to the following condition: 1. Tied to site plan as presented. ZONE. CASE NO-1743 - Request of Lewis Garnett (for Ronald Betenbough and Lester Shaver) for a Specific Use Permit Zone Change, under provisions of Section 14.-A.1-10 of the Zoning Ordinance, ifor Professional Offices on SW/4 Tract 12, John W. Jarrott Subdivision, City of Lubbock, Lubbock County, Texas. (Northeast corner of 24th Streetand Quaker Avenue) The Planning and Zoning Commission recommended to the City Council that this request be approved;, subject to the following conditions: I.. That one parking space for each two hundred (200) 9quare.feet of total floor space be provided. 2. That total building coverage will notexceed40%. ZONE CASE NO. 1721 - Appeal of Ivan Fbwler (for Garlington-Howard, Inc.) to change Lots ' 202 through 205, Midway Park Addition, City of Lubbock, Lubbock County, Texas, from an ""R-1""to an "A-l" Zoning District. (West of Slide Road between 29th Street and 30th Street) The Planning and Zoning Commission recommended to City Council hat this re est be denied. LavenirA Lowe, City ecretky -Treasurer City of Lubbock, Texas NJ In accordance.with the.above Notice of Zoning Hearing, hearing was held on Zone Case No. 1741 - Request of B. M. Steele to change property located north of 66th Street and east of Avenue R from an "R-2" to an "A-l" Zoning District. The Planning and Zoning Commission recommended that this request be approved subject to the following condition:: 1. A solid six foot permanent type screening fence of wood or masonry construction be erected and permanently maintained along the north property line. The fence shall be erected prior to or concurrently with building permit and according to Section 15.1-2-2 of,the Zoning Ordinance. Mayor Granberry called for proponents and opponents toappearbefore the City Council. Lewis Garnett, representing B. M. Steele, appeared in,support of this zone change. No one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director.of ' l ' Panning, presented the recommendation of the Planning and Zoning Commission. After consideration.of all information presented, motion was made by Councilman Hollingsworth, secondeq by Councilman Turner that this zone case be approved as set out in the above Notice. A substitut, motion was -then made by Councilman Hollingsworth, seconded by Councilman Baker that a masonry fence be, required. This motion carried by the following vote: Mayor Granberry and Councilmen Rigsby, Hollingsworth and Baker voting Yea, Councilman Turner voting Nay; therefore, ordinance No. 6117 was passed on first reading. ORDINANCE NO. 6117 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1741: CHANGE LOT 13, BLOCK 22, VANDELIA VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-1" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-247-653 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1462A - (25) Request of John G. King (for Jack Creel) to change property located on the northeast corner of 50tb Street and Detroit Avenue from a 11C-2A? to a 'Ic-211 Zoning District. The Planning and Zoning commission recommended that this request be approved subject to the following conditions: 1. Tied to a revised site plan approved by the Traffic Engineer. 2..,Restricted to "C-2A" sign regulations. Mayor Granberry called for proponents and opponents to appear before the City Council. Mr. Jack Creel appeared in support of this zone change request. No one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Baker motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve this zone change request tied to site.plan as presented and to pass Ordinance No. 6118 on first reading. ORDINANCE NO. 6118 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 169.5 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE -CASE NO. 1462A: -CHANGE LOTS 8 THROUGH 11, BLOCK 27, MODERN MANORS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A."C-2A" TO A "C-2P ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING,A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-247-654 In accordance with the above Notice of Zoning Hearing, hearing was held,on Zone Case No. 1490A - (26) Request of Don J. Crow to change conditions one and four of Ordinance No. 5307 to allow access from Slide Road on property located south of Loop 289 and east of Slide Road. The Planning and Zoning Commission recommended that this request be approved subject to the following condition: 1. Tied�to the revised site plan:as presented. Mayor Granberry called for proponents and opponents to appear before the. City Council. Mr. Don Crow appeared in support of this zone change request. No one else came forward; whereupon, Mayoi Granberry announced that the hearing was closed; Jim Bertram,. Director of Planning, presented therecommendationof the Planning and Zoning.Commission. After consideration of all informatioi 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 approve this zone change request tied to the revised site plan as presented and to pass Ordinance No. 6119 on first reading. ORDINANCE NO. 6119 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5307.OF THE CITY OF LUBBOCK COVERING ZONE CASE �NO. 1490-A.,-.BY AMENDING.CONDITION 1 AND 4 THEREOF TO .DEVELOP THE TRACT ACCORDING TO A REVISED SITE PLAN: COVERING LOTS I AND 2, FIESTA AUTOIAND,CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBO( COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION: 11-130-247-655 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1742 - .(27) Request of Carey May, Mrs., A. W. May, and Marjie Chapman to change property located on the south- east corner of 33rd Street and Avenue X from an "R-2" to an '!A-1" Zoning District. The Planning and Zoning Commission recommended that this request be approved subject to the following condition: 1. Tied to site plan as presented. Mayor Granberry called for proponents and opponents to appear before the City Council. Mr. Bill Cox,.Architect, appeared in support.of this zone change request. No one else came forward; wher( upon Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendation of the Planning and Zoning Commission. 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 approve,,,ithis zone change request as tied to site plan as presented and:to pass Ordinance No. 6120 on first reading. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1742: CHANGE LOTS 1 THROUGH 6, BLOCK 4, MASSEY HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-211 To AN "A-111 ZONING DISTRICT; SUBJECT TO A CONDITION.; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND -PROVIDING FOR PUBLICATION. 71-30-248-656 In accordance with the above NoticeofZoning Hearing, hearing was held'on Zone Case No. 1743 - (28) Request of Lewis Garnett (for Ronald Betenbough and Lester Shaver) for a -Specific Use Permit Zone Change, under provisions of Section 14-A.1-10 of the Zoning Ordinance, for professional offices on property located on the northeast corner of 24th Street and Quaker Avenue. The Planning and Zoning Commission recommended that this request be approved subject to the following conditions: 1. That one parking space for each 200L.3 square feet of total floor space be provided. 2. That, total building coverage will.not exceed 40%. Mayor Granberry called for proponents and opponents to "appear before the City Council. Mr. Lewis Garnett, representing Ronald ,Betenbough*-and Les -ter -Shaver, appeared in support of this zone change request. No one else tame forward;whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendation of the Planning and Zoning Commission, After consideration of all information presented, 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 uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6121 on first reading., AN ORDINANCE AUTHORIZING THEISSUANCEOF A SPECIFIC USE PERMIT TO WIT: ZONE CASE 1743: A PROFESSIONAL OFFICE BUILDING ON SW/4, TRACT 12, JOHN W. JARROTT SUBDIVISION TO THE CITY OF LUBBOCK,' LUBBOCK COUNTY, TEXAS,' UNDER PROVISIONS OF SECTION 14-A.1-10 OF ORDINANCE 140. 1695 OF T HE CITY OF LUBBPCK; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-248-657 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1721 - (29) Appeal of Ivan Fowler (for Garlington-Howard, Inc.) to change property located west of Slide Road between'29th Street and 30th Street from an 11R-111 to an "A-1" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Mayor Granberry called for pro- ponents and opponents to appear before the City Council. Mr; Lewis Garnett, representing Mr. Ivan Fowler, appeared in support of this zone change request. Mr. Don Graf appeared before the City Council and presented a petition in protest to this zone change. Mrs. James Rosenburg also appeared before the City Council in protest to the zone change request. No one else came forward; whereupon, Mayor7G-ranberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendation of the Planning and Zoning Commission. After considera- tion of all-inf6r.mation presented, motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Baker voting Yea, Councilman Turner voting Nay, to approve Lots 202 and 203 and,.pa9s-0"di,nancb No. 6122'on fitst,)reading and;todeny Lots 204-205 Midway Park Addition. ORDINANCE NO. 6122 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1721: CHANGE LOTS 202 THROUGH 203, MIDWAY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT; PROVIDING A SAVINGS 'CLAUSE; AND PROVIDING 'FOR PUBLICATION. 71-30-248-658 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (42) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the customary city portion of the cost of alley paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock alley plans and specificationsas approved by the City Engineer, and the owners of property abutting the North -South alley between Avenue R,and Avenue S from 17th Street to 18th Street have requested permission to -have pavement improvements constructed on the aforementioned alley and the paving of said alley is needed to provide access to the area.during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described alley will contract separately with a competent contractor for the:,above alley improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $3,311.87, the total cost not over $3,498.46, and the City's share in connection therewith would not exceed $349.85, leaving the property owner's portion not to exceed $3,148.61, suchcostsbeing well within' the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair,', and just to the abutting property owners, the City and all JUN 2 3 1971 71-30-249-659 (43) Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specificatio for paving on the alley herein described, provided that such plans and specifications meet the usual requirements for paving on alleys within the corporate limits of the City of Lubbock; said alleys being as follows, to -wit: the Ndrth-South alley between Avenue R and Avenue S from the South lip line of 17th Street to the North lip line of 18th Street, known and designated as Unit A-410. The City Engineer is further authorized and directed to duly inspect said paving construction on said alley and to require strict compliance with the approved plans and specifications, and upon completi of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is :.authorized to pay the contractor in full and final payment of the Cityls share of the cost of the abovementioned improvements a sum not to exceed $183.26, which is the City's share ($349.85) less $166.59 engineering, leaving the amount due the contractor from the property owners not to exceed $3,148.61. Section 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, and that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final -approval of the City Engineer,.all improvements designated herein shall be a permanent part of said alley and the property of the City of Lubbock-, without any liability whatsoever, except for the payment of a sum of.$183.26 to the contractor. On motion of Councilman Turner, seconded by Councilman Hollingsworth, the f0reg-mina resolution was unanimously passed by the City Council this 24th day of June, 1971. J. H. GRANBERRY. bKYOR ATTES Lavenia Lowe, City Secretary Vincent Luchsinger, the owner of abutting property on the abovementioned street, and Commercial Concrete, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Commercial Concrete Construction Vincent Luchsinger 0V4M*YVDM Isl Wilford D. Watson, Wilford D. Watson, City Engineer Isl Fred 0. Senter, Jr.. Fred 0. Senter, Jr., City Attorney June 16, 1971 Sam Wahl Director of Public Works City of Lubbock Lubbock, Texas 79400 Dear Mr. Wahl: The below listed certificates are unenforceable, because of incorrect assessment procedures by the City of Lubbock.. We are therefore invoicing the City of Lubbock for our cost, plus interest on these certificates. Unit 2145-60, Cert. 11 and 12 Roll shows 0. R. Carroll was actually Joe Manning, Jr. Refer,to letter from Kennett Hobbs attached. Unit 2208-28 Quinn Connelley. Unit 2208-29 Letters of notification were mailed to 1012 Avenue Q and were marked by the City Engineering Department "Returned" No Further Notice was mailed to Mr. Quinn Connelley, whose address was 3312 45th Street. Th property was actually in the name of Marion T. Key, Trustee at the time of the assessment. It also is evident that the City made no effort to locate Mr. Connelley when the notice was returned. Unit 2211-1, Cert. 7 The name on the roll and on the latter'o ' f notice was Mr. James Iriart...This letter was dated May 4, 1970 and marked "Returned" by the Engineering Department:. The tax office shown that the 1969 and 1970 tax notice was mailed to Ned Ullford. Mr. Ullford claims and according to our information, he never had notice or opportunity to appear at the hearing. EE Unit 2145-60, Cert. 11 & 12 Principal $644.88 interest from August 11, 1966 188.84 Court Cost 25.00 Attorney's Fees 75.00 Unit 2208-29, Cert. 1 2,046.63 Unit 2208-28, Cert. 1 886.73 interest from October 8, 1970 126.63 Unit 2211-1, Cert. 7 2$'736 * 70 interest from October 8, 1970 119.62 TOTAL $6,850.03 Interest figured to June 24, 1971. interest will accrue at the.rate of $1.;07 per day on the principal balance from June 24th until paid. Yours truly, /s/ Ronald Purtell Ronald Purtell 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 authorize purchase of three paving certificates in the amount of $6,850.03 as set out in the above letter. 71-30-250-660 NOTICE is hereby given to all interested persons as provided by law, that the City Council will (30), hold.a public hearing on the 23rd day of June, 1971, at 10:00 A.M., in the City Council Cahmber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Zoning Ordinance 1695 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an opportunity to be heard, after,which hearing, the City -Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: Present Wording Section 29-3.A.(2) Eleven Copies of the preliminary plat shall be submitted to the secretary, planning and zoning commission, at least ten days prior to the meeting at which it is to be considered, together with a deposit of twenty-five ($25.00) as an application and processing fee. Section 29-5-A. Plats Eight copies or prints of the pro- posed subdivision drawn to a scale of one hundred feet to one inch, pro- vided however, that for subdivisions of one acre or less, the plat may be drawn to a scale of fifty feet to one inch, and showing the following: Section 29-6-C.(1)(b) Cause eight copies of this prelimi- nary plat to be delivered to the secretary of the planning and zoning commission. OMMOTOM M-4 Section 29-3.A.(2) Fifteen copies of the preliminary plat shall be submitted to the secretary, planning and zoning commission, at least ten days to the meeting at which it is to be considered, together with a deposit of twenty-five ($25.00) as an application and processing fee. Section 29-5.A. Plats Fifteen copies or prints of the proposed subdivision drawn toa.scale of one hun- dred feet to one inch, provided, however, that for subdivisions of one acre or less, the�plat may be drawn to a scale of fifty feet to one inch, and showing the following: •rAwaWmellil Cause fifteen copies of this preliminary plat to be delivered to the secretary of the planning and zoning commission. LaveniA Lowe, City Secretary -Treasurer City of Lubbock, Texas -In accordance with the above Notice of Zoning Hearing, hearing was ­held to consider amending portions of Section 29 of the Code of Ordinances regulating subdivisions concerning preliminary plats. Mayor Granberry called for proponents and opponents to appear before the City Council, but no one came forward; whereupon, Mayor Granberry an.nou nce.d that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendation of the Planning and Zoning Commission. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollings- worth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No.6123 on first reading. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES'OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "SUBDIVISIONS", BY AMENDING SECTION 29-3.A.(2) TO REQUIRE FIFTEEN (15) COPIES OF THE PRELIMINARY PLAT BE SUBMITTED TO THE PLANNING AND ZONING C ' OMMISSION; SECTION 29-5.A. TO REQUIRE FIFTEEN (15) COPIES OR PRINTS OF THE PROPOSED'SUBDIVISION; SECTION 29-6.C.(l)(b) TO REQUIRE FIFTEEN (15) COPIES OF THE PRELIMINARY PLAT BE DELIVERED TO THE SECRETARY OF THE PLANNING AND ZONING COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Jut, 71-30-251-661 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (54) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. BE OF OF ::t 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 an Extension of Counseling Service Agreement between the City of Lubbock and Mi-Casita Counseling Service of the Panhandle and South Plains Develop- ment Corporation, 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 23rd day of June, 1971. J. , R ATTEST• ,, Lavenia Lowe, Cit Secre ary-Treasurer %sl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney EXTENSION OF COUNSELING SERVICE AGREEMENT WHEREAS, an Agreement was entered into between the CITY OF LUBBOCK and MI-CASITA COUNSELING SERVICE OF THE PANHANDLE AND SOUTH PLAINS DEVELOPMENT CORPORATION, hereinafter referred to as Mi-Casita to provide a counseling service within the City of Lubbock, Texas, dated July 1, 1970; and, WHEREAS, it is the intention of both parties to such Agreement to extend this Agreement for an additional period of ninety (90) days through the months of July, August and September, 1971, with this extension to expire September 30, 1971. NOW THEREFORE, the parties to such Agreement, the City of Lubbock and Mi-Casita, do hereby enter into an extension of the Counseling Service Agreement upon the same terms, conditions, and covenants as set forth in the original Agreement dated July 1, 1970, with payment for services provided by-Mi-Casita to be made in the same manner as set forth in the original Agreement. ATTEST Lavenia Lowe, City ecret Treasurer �v /sl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF' �AOCK BY j JO."'HE'. GRANBER"OR MI-CASITA COUNSELING SERVICE Jack W. McGraw, Executive Director H. E. Griffith, Attorney 71-30-251-662 In accordance with the Notice of Zoning Hearing, of record of Page 245, Minute Book 30, hearing (23) was held on Zone Case No. 1737 - Request of Lewis Garnett (for Mrs. L. C. Brown, Mr. R. Piehl, and Mr. J. Piehl) to change property located north of 54th Street and west of Kenosha from an '!R-l" to an "A-l" Zoning District. The Planning and Zoning Commission recommended that this request be approved subject to the following condition: F 1. Recommend approval of "A-l" zoning from a point even with the south right of way line of 53rd Street north to the existing "A-1" zoning and the property south of the south right of } way line of 53rd Street to 54th Street be changed to "R-2". Mayor Granberry called for proponents and opponents to appear before the City Council. Lewis Garnett, representing Mrs. L. C. Brown, Mr. R. Poehl, and Mr. J. Poehl, appeared before the City Council in support of this zone change request and stated that they were agreeable to the site plan presented on this date, being adopted. Mr. Jim Connally and Mr. Terry Mock appeared before the City Council in protest to the zone change request. No one else came forward; whereupon, Mayor Granberry announced that they hearing was closed. 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 M naumm AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1737: CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "A-l" AND "R-2" ZONING DISTRICTS; SUBJECT TO CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATIM, 71-30-252-663 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (52a) Mayor Granberry and Councilmen Rigsby, Hollingsworth,'Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. V LIQ AT TTIPT nM 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 an Alley Use License in favor of McWhorter!s, Inc., , attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of June, 1971. J. H. GRANBERRY, MAYOR ATTEST: Lavenia Lowe,,, City Secretary -Treasurer APPROVED AS TO FORM: Is/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney ALLEY USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK- I This indenture made this 23rd day of June, 1971, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and McWHORTER.'S INC., of Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, its successors and assigns, the right, privilege and license to occupy a portion of the alley adjacent to its property to place, install and keep machinery, a description of the portion of alley to be used is described as follows: BEGINNING at a point 26.9 feet North, of the Southwest corner, of Lot 16, Block-'103,, Original Town -Addition to the City of Lubbdck,-Lubbock County, Texas; THENCE North 4 feet; THENCE West 4 feet; THENCE south 4 feet; THENCE East 4 feet to the POINT OF BEGINNING. 1. 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 the CITY OF LUBBOCK retains the right, as its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposted in the Post Office, postage paid, addressed to LICENSEE at I Upon expiration or cancellation or revocation of this license by the CITY OF LUBBOCK Oki, the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no 'cost or expense to the CITY OF LUBBOCK.. 'In the event LICENSEE falls or refuses to remove such'improvements after demand by the CITY OF LUBBOCK, the' CITY OF LUBBOCK shall enter posses sion, and remove or cause to be removed such improvementwand the expense shall be assessed against LICENSEE for which LICENSEE shall be liable.'' 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TEN AND NOIlOO ($10.00) DOLLARS per year for the duratioof the license, with the first year payable on execution of this instrument and . payable on January lst of each succeeding year for the duration of this license. 3. Payment of the annual fee provided above, except the inital payment shall be made by LICENSEEJ LI ' CENSEE'to CITY OF LUBBOCK on January ls't 6f each year this license is in effect. Notice of such fee' being due shall be sent by the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE to pay such fee within'thir . ty'(30)'days from receipt of'such notice, the CITY OF LUBBOCK shall consider such non-payment as a default-irf this license, and the City Council shall determine whether such license shall'be considered forfeited and may elect to demand vacation by LICENSEE. 2M JIM 23 19 4. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer., S. The LICENSEE agrees to pay all costs arising out of the exercise of the license 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. 6. In the event the CITY OF LUBBOCK determines that the existence of such use interfers with or causes the re-routing or re -alignment of any public utility, franchised utility, or sani- tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -location or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 7. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. S. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or commence any part of the construc- tion as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, its assigns and successsors, will at all times defend, indemnify and other- wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from and and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever king 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 agree- ment with any contractors hired by LICENSEE to perform the construction, repair or maintenance 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 an amount and in the form satisfactory to said CITY OF LUBBOCK, guaranteeing,the faithful performance of all the terms, covenants and conditions con- tained in said agreement and a certified -":copy of a policy of public liability assumed by contracts in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSE] prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 9. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by. and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 10. 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 LICENSEE, its successors or 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 7. 11. LICENSEE, bythe 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 LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. APPROVED AS TO FORM: /sl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney APPROVED: /sl Sam Wahl' day of , 1971. ATTEST: �r riaw"W'S.153. LICENSEE: McWHORTER'S INC. MEETING,NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL , MA ATTEST: ml Im ATTEST: Lavenia Lowe, citSecretary-Treasurer