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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/1971August 12, 1971 CouncilThe City of of «r« 1 11 o'clock place in the City Hall, the following members thereof being present to -wit: Mayor r ' and Councilmen DeatonRigsby,« Hollingsworth, « Morris City Manager W. R. Blackwell,iJones, Absent: Councilman John E. Baker and City Attorney Fred 0. Senter, Jr. 71-30-294-777 The invocation was given by Councilman Deaton Rigsby. (1) 71-30-294-778 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 71-30-294-779 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry (3) and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held July 22, 1971. 71-30-294-780 (8) Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6135 on second and final reading. ♦ Y Y Y 1 � .. Y • IY 11 '� WHEREAS,• of of r««ck finds it is necessary to appropriate specificout of bond « « approved project; 031899MEW There is hereby appropriated out of the followingdescribed bond fund,to-wit: Canyon Lakes Via{ For the following purpose: Appraisals and related Real Estate expenses for the completion of work on the Canyon Lakes Project. 71-30-294-781 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry « Councilmen Rigsby,Hollingsworth • Turner voting« « pass Ordinance No. 6136 ... second and final reading. specificWHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain « out of bond funds for« « -« herebyThere i; rr s« `i out of i i described bond fund, «Canyon For the Following purpose: Special consultant on water quality in connection with Canyon Lakes Investigation. 71-30-294-782 Notion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor GranberTU, (10) and Councilmen Rigsby, sworth and Turner voting Yea, none voting Nay, to pass Ordinance No 6138 « «.'.« rreading.� va A rkffl; he rs 0 *$) k, I Eli .1-4 Council WHEREAS, the City of of r««ck finds it is necessary to appropriate specific funds out of bond funds for an approved project; There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement ItM For the following purpose: Cost of Engineering and city part on 4 blocks of alleys and 13 blocks of streets on G.W.O. 10,733. 71-30.-295-783 Motion was made by councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry (11) and Councilmen Rigsby, Hollingsworth and Turner Voting Yea, none voting Nay, to pass Ordinance No. -6140 on second*and final reading. ORDINANCE NO. 6140 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; Widening of University Avenue 000913mmiumm There is hereby appropriated out of the following described bond fund, to -wit: Street Improvemen Bond Fund, 76-6061-551 For the'following purpose: Acquisition 6fRight of Way to widen University Avenue. 2502 46th Street (The West 50 feet of Lot 20 and the East 20 feet of Lot 19, Block 1, Sunny Slope Addition) $16,420 - Land 215 - Supplemental Expenditures' $16,635 - TOTAL 71-r30-295-784 Motion was made by Councilman Rigsby, seconded by Councilman Turner,'motion carried, Mayor Granberry (12) and Councilmen Rigsby,. Hollingsworth and Turner'voting Yea, none voting Nay, to pass Ordinance No. 6131 on second and final reading. ORDINANCE No. 6131 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. 1744: CHANGE THE FOLLOWING DESCRIBED TRACTS OF,_LAND OUT OF SECTION 10, BLOCK E-20 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN 1`R-2t1.* "A-21' AND "C-211 ZONING DISTRICTS: SUBJECT TO CONDITION; , PROVIDING :A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-295-785 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry (13) and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6132 on second and final reading. ORDINANCE No. 6132 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. 1745: CHANGE LOTS 3 THROUGH 5, BLOCK 62, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT: PRO- VIDING A SAVINGS CLAUSE: AND PROVIDING FOR . PUBLICATION. 71-30-295-786 Motion was made by Councilman Rigsby, seconded by Councilman;Turner., motion carried, Mayor Granberry (14) and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6133 on second and final reading. a 71-30-295-787 (15) ORDINANCE NO 6133 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5064 OF THE CITY OF LUBBOCK,- WHICH AUTHORIZED A SPECIFIC USE PERMIT IN ZONE CASE NO. 921C COVERING A TRACT OF LAND OUT OF SECTION 3, BLOCK E, LUBBOCK COUNTY, TEXAS: BY ALLOWING A MIN1,kTURE GOLF COURSE; PROVIDING 4 SAVINGS PLAUSE-AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6134 on second and -final reading. ORDINANCE No. 6134 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO 14AKE THE FOLLOWING CHANGE: -ZONE CASE NO. 1746: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-l" ZONING DISTRICT: SUBJECT TO CONDITION; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE PROVIDING FOR PUBLICATION. 71-30-295-788 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry (16) and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6137 on second and final reading. ORDINANCE NO. 6137 AN ORDINANCE AMENDING ORDINANCE NO. 2071 OF THE CITY OF LUBBOCK, TEXAS, WHICH ESTABLISHED A BUILDING ON PORTIONS OF LOCUST AVENUE BY AMENDING THE DESCRIPTION OF THE BUILDING LINE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-295-789 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry (17) and Councilmen Rigsby, Hollingsworth and -Turner voting Yea, none voting Nay, to pass Ordinance No. 5752 on second and final reading. M Rom ORDINANCE NO. 5752 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF.EAST.25TH-STREET,:. EAST,27TH STREET AND EAST 29TH STREET, ALL ABUTTING QUIRT AVENUE, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO.MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF THE PORTIONS OF SAID STREETS, PROVIDING A SAVINGS CLAUSE AND PROVINDING FOR PUBLICATION* 71-30-296-790 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Gran- berry and Councilmen Rigsby, Hollingsworth and Turner voting Yea,,none voting Nay, to pass Ordinance No. 6128 on second and final reading. ORDINANCE NO. 6128 AN ORDINANCE ABANDONING AND CLOSING THE EAST -WEST ALLEY OF LOT 1, MILAM-HOME ADDITION TO THE CITY OF LUBBOCK, TEXAS; 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. 71-30-296-791 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Gran- (19) berry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. SEE: PP. 296-A RESOLUTION for Correction BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: for Item 71-30-296-791 That the Mayor of the City of Lubbock BE and is hereby authorized and directed o execute Beginning for a��d on ndepend6nt rihalf of the City of Lubbock a Quit Claim Deed in favor of the Lubbock School ct, attached herewith which shall be spread upon the minutes of.the ouncil and with the as sprea upon the minutes of this Council shall, constitute and be a part of th* Resolution Resolution as if ful copied herein in detail. Passed by the City Council this 12th day o t, 1971. 77 y u th e c n 0 the pied m h City ty Council he rein mi nutes u' e 1 u h\enc S J. H,, GRANBERRY OR /11ky AT T: ST. 4 '1 S I Poo I A ;av e�n &ia Lowe, citaoy ;cre -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorne QU% IT LAIM. DEED THE STATE OF TEXASX KNOW ALL MEN BY T SE PRESE S: COUNTY OF LUBBOCK THAT THE CITY OF LUBBOCK, a Home Rule M icipality in the County of Lubbock, State of Texas, for and in consideration of the sum o NE AND NO11O0 ($1.00) DOLLARS and other good and valuable consideration to it.in hand p id b the LUBBOCK,INDEPENDENT SCHOOL DISTRICT, of Lubbock County, Texas, the receipt of wh is he eby acknowledged,does hereby by these presents ABANDON, DISCLAIM, RELEASE AM FOREVER IT CLAIM to.the said LUBBOCK INDEPENDENT SCHOOL DISTRICT, of Lubbock County, Texas, a its right, Itle and interest,in and to that certain tract or parcel of land lying and be g situated in.,.t e County of Lubbock, State of Texas, described as follows: BEGINNING aX a point which is the So �; hwest corner of/Lot 1, Milam Home Addit: �, THENCE oath a distance of 20 feet to a int; THENC East a distance of 575.79 feet to a,p 'nt; T NCE North a distahce;6f 20 feet to a point; - THENCE West a distance of.5-75.79 feet to the POINT OF BEGINNING. T T H T T H THE NC E N N C N THENCE C C E E E E East p a point; p 3 n n t n the. POINT OF singular he ,TO HAVE A /'TOHOLD the said premises together with all and singular he and appurtrena ces thereto in any manner belonging unto the said LUBBOCK IND DISTRICT, i successors and assigns, nor any persons claiming under it sh----ll,, claim, or e hereafteri ave, claim, or demand any right to title to the aforesaid premise t t f or any pa t thereof. WITNESS 14Y HAND AT LUBBOCK, TEXAS, THIS 12th day of AH&tLst, 1971. CITY t-MA rights, privileges MENT SCHOOL at any time LWIT appurtenances— 296-A 71-30-296-791 RESOLUTION (19) 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 Lubbock Milam Home, 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 12th day of August, 1971. ATTE Atic f L*eniahtowe, City Sec etary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney (QUIT CLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I J.-H. GRANBERRY,j* tAYOR 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 N0/100 ($100) DOLLARS and other good and valuable consideration to it in hand paid by the LUBBOCK MILAM HOME, a corporation of Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the said LUBBOCK MILAM HOME, of Lubbock County, Texas, all its right, title and interest in and to that certain tract or parvel of land lying and being situated in the County of Lubbock, State of Texas, described as follows: BEGINNING At the South east corner of Lot 1, Milam Home Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 10.00 feet; THENCE West a distance of 230.00 feet; THENCE North a distance of 10.00 feet; THENCE East a distance of 230.00 feet; to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances thereton in any manner belonging unto the said LUBBOCK MILAM HOME, its successors and assign4, 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 12th day of August, 1971. CITY OF J. ATTE i La enia Lowe, C ty Sec etary-Treasurer /s/;-Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-296-791A (19A) Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Gran- berry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit C1aimt-�Deed in favor of the Lubbock Independent School District, 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. w Passed by the City Council this 12th day of August, 1971. J. H. GRANBERR MAYOR, ATTEST• .* AUG 12 *. Js/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT THE CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by the LUBBOCK INDEPENDENT SCHOOL DISTRICT, 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 LUBBOCK INDEPENDENT SCHOOL DISTRICT, 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: BEGINNING at the Southwest corner of Lot 1, Milam Home Additon to the City of Lubbock, Lubbock County,.,Texas; THENCE East a distance of 234.79 feet; THENCE South a distance of 10.00 feet; THENCE East a distance of 230.00 feet; THENCE South a distance of 10.00 feet; THENCE West a distance of 575.79 feet; THENCE North a distance of 20.00 feet; to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said LUBBOCK INDEPENDENT SCHOOL DISTRICT, its successors 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 12th day of August, 1971. CITY BOC ! � �. J. H. GRANBERRY YOR ATTEST: Qv- Lavenia Lowe, CitySecret ry-Treasurer /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney venia 20927MM Secretary -Treasurer /s/�,,h�red 0. Senter,_`� -Fired 0. Senter, Jr., Cit'y Attorney. 71-30-297-792 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth; and Turner voting'Yea, none voting Nay, to pass Ordinance No. 6141 on first reading.. ORDINANCE NO.6141 AN.ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLE'_4 ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,:TO-WIT1 PORTION OF KENT STREET; A 45, MPH SPEED ZONE FOR BOTH SIDES OF KENT STREET BEGINNING AT THE CENTER LINE OF UNIVERSITY AVENUE AND EXTENDING EAST TO THE CENTER LINE OF MESA ROAD: PORTION OF NORTH AVENUE Q; A 45 MPH SPEED ZONE FOR BOTH,SIDES OF NORTH AVENUE Q BEGINNING AT THE.CENTER LINE OF KENT STREET AND EXTENDING NORTH TO THE NORTH CITY LIMITS; A PORTION OF INDIANA.AVENUE; A 40 MPH SPEED ZONE FOR BOTH SIDES OF INDIANA AVENUE BEGINNING AT THE CENTER LINE OOUTH LOOP 289 AND EXTENDING SOUTH TO THE CENTER LINE OF 82ND STREET; A PORTION OF QUAKER AVENUE; A 45 MPH SPEED ZONE FOR BOTH SIDES OF QUAKER AVENUE BEGINNING AT THE CENTER LINE OF SOUTH LOOP 289 AND EXTENDING SOUTH TO THE CENT:w LINE OF 82ND STREET; 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 ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING ASAVINGS-CIAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, 71-30-297-793 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby , motion carried, Mayor (23) Granberry and Councilmen Rigsby, Hol - lings.worth and Turner voting Yea, none -voting Nay, to pass Ordinani No. 6.142 on first reading. ORDINANCE NO.. AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON PORTIONS OF 19TH STREET (S.H. 116), WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK, COUNTY, TEXAS: AUTHORIZING THE PLACING OF -SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALL STREETS AND HIGH WAYS NOT SPECIFICALLY SET FORTH HEREINSHALL NOT*BE EFFECTED'BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHERIVRIM& FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS AND PROVIDING A SAVINGS CLAUSE. 71-30-297-794 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry (24) and Councilmen Rigsby, Hollingsworth,and Turner voting Yea, none voting Nay, to pass Ordinance No. 6143 on first reading.' 71-30-297-795 (4) ORDINANCE NO. 6143 AN ORDINANCE AMENDING ORDINANCE NO. 4251 OF THE CITY OF LUBBOCK; ESTABLISHING FLASHING SCHOOL ZONE FOR THE NORTHBOUND AND SOUTHBOUND TRAFFIC ON BOSTON AVENUE BEGINNING 178 FEET SOUTH OF THE CENTER� LINE OF IST PLACE AND EXTENDING NORTH FOR A DISTANCE OF 696FEET TO A POINT .176 FEET NORTH OF THE CENTErt LINE OF 1ST STREET 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.�'IOF ALL OTHER PRIMA FACIE SPEED LIMIT ORDIANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 0001"a-win"M The undersigned ar * e�all residents.of Southeast Lubbock, centeringaroundthe. area of Magnolia Ave. and 52nd street., This area, extending for several blocks in each directiono''is ' subject to severe flooding in rains of one-half inch or more, and.1to disastrously bottomless :streets in.l.esser rains. Complaints have been made by individual residents ever since the area was taken into the city, and to date no action has ever been taken. At the time of the annexation, the then.chairman of the Lubbock Board of City Development, and Chamber of Commerce, W.D. Rogers, later mayor of this city, promised city services to the residents of the James Addition, in return for their.vote for annexation. Taxes have been raised, but to date the services have been minimal,, or non-existent.. We now come before the City Council with the following requests: (1) That adequate drainage be provided for the area. This is especially important, since the continued covering of the previous grass and crop lands with asphalt,as new buildings are built in the area increases the flashrun- off. (2) Grading practices, and filling on unpaved streets that will make them passable, not only in Rflood periods, but more ,important, after rains. This is important, because grading practices and flooding have resulted in streets • �=�a �W- a (3) Repair of the dangerous exits off Fiftieth street to the south from King Avenue to Quirt Avenue. Some of these are so badly cut out by drainage from 50th street that there are gullies at the sides, and through the center.of the streets, and grading to fill the gullies only lowers the street level, and creates, more problems. (4) Some fundamental concern for the residents of the area who feel.'that the present attitude of the city government is: "If we for et about it, it will go away." Gentlemen of the City Council, we invite your inspection of the area,and your'earnest consider- ation of the problem. Mr. Robert G. Purrington of!5100 Magnolia.Avenue appeared before: the City Council and presented the above petition containing approximately 77 names concerning drainage in -Southeast Lubbock. Councilman Turner suggested that the City investigate the possibility of "strip" paving in this area. It was unaminously agreed by the City Council to try to improve the drainage in this area. Mr. Bill Crenshaw appeared before the City Council to request that tennis courts be placed as one use of the multiple hall of the new Civic Center. Mr. Crenshaw stated thatTortable mats and portable seating could be installed in this area. The tennis courts could be rented to help in the financial planning of the facility. 'Mr. David Hester was.also present in the Council Chamber. Mayor Granberry suggested to Mr. Crenshawand Mr. Hester that they discuss this proposal for placing tennis courts in�the Civic Center with the architects and the architects will make a recommendation to the City Council. PETITION We the signees living in the Whitehead Additionsee the Chancey San,.9irt and Caliche Pit (J.L. Kuback, owner) causing a health (dust) and traffic safety hazard.' We request that the unnecessary; unbearble nuisance is'stopped as of now; The above Petition was received containing approximately 23 names to request that traffic be re-routed in the vicinity of East 15th Street and Oak Avenue because of the dust and safety hazard. The Traffic Department was requested to review this condition and report back to the City Council. 71-30-298-798 Mr. James Spears, Chairman of "Goals for 70,Program", appeared before the City Council and (7) presented "Committee 70 Specific Goals, Responsibility of Implementation Suggested for City Administratioh": COMMITTEE 70 SPECIFIC GOALS RESPONSIBILITY OF IMPLEMENTATION SUGGESTED FOR CITY ADMINISTRATION Cultural Activities The lack of cooidini-ated and urban design can affect adversely not only the economic progress of a city but the quality of life itself. The aftermath ofthe May Ilth tornado should mark the beginning of an Urban Design Commission which would not only assist in the redesigning of devastated Lubbock, but would continue to function on into the future in the planning of a more beautiful and liveable city as a whole. Improve City -County Library services. A fully staffed'and equipped main library ($1,2002000 already voted in bonds will go only for construction of -the building), and development of four branch libraries are essential if services are to be available to and utilized by more residents-in'all parts':of the city. GOVERNMENT AND TAXATION Establish a means for continual evaluation of all branches of local government. A comprehensive analysis of all significant public systems.inLubbock is needed. Emphasis should be on governmental systems. A concentrated initial effort of perhaps 6 to 9 months dura- tion should be followed by continual reviews at stated intervals. Prepare a bilingual manual for use -by individual citizens androups to -help them understand our system of government and how to work with it in getting things done., Reduction of thepsychologicaland practical -distance between the average citizen and government is important. Primary emphasis should be municipal government; -secondary -emphasis on county government. Wherever possible, consolidate tax offices"for'more efficiency and less cost of op ration. One obvious need is to reduce the direct costoftax assessing and collecting.. A second need is to get all taxes on a common, easily comprehensible basis,. MUNICIPAL FACILITIES AND SERVICES Take Action on a Civic Center far Lubbock. Convention facilities in Lubbock are woefully inadequate and poorly located. Facilities for the Arts should be in or near the civic complex so that each,strengthens the other and so that the center is useful and beneficial to all citizens. Build the Yellowhouse Canyon lakessystem and develop Comanche Canyon, A series of lakes would create recreational opportunities and environmental beauty. Reclaimed ­nf­ ­^,Orl 4mrif-p indii-Q"u- Comanche Canvon Park would be of -tremendous tourist value. Develop a complete Regional Airport facility.-� Air traffic is the fastest growing segment of the transportation industry. Cities which successfull attract regional air freight and passenger volumes will be at a competitive advantage. Establish a city, county and Texas Tech committee to coordinate work and research on environmental pollution problems. Special consideration should be given to utilizing compressed wasC as land fill for our ca.liche pits and other scars, particularly along Loop 289, to improve environmental beauty. The ecological balan of our water system is needed with a tertiary sever system when proven economically feasible. We must conserve our runoff water through a lakes system. Establish a code -revision commission. A review, study, up -dating and/or*adoption of codes, ordinances, and regulations should be done on a regular basis. Study Lubbock's dual electrical system to improve efficiency and effectiveness. An independent board for Lubbock Power and Lig1t should be considered,. Investigate how to improve sanitation services. Economy and efficiency of garbage and trash collection ion is a -continuing problem. A study should in- clude the feasibility of requiring dumpsters (one unit for each four houses in residential areas) and/or utilizing private contracting for trash collection. Work for continual improvement of the police,:and fire departments. In law enforcement, encourage the establishment of full courses in criminology utilizing local educational institutions. In the event a metropolitan -type of c#y-county government is adopted, establish countywide fire and police departments. RECREATION AND ENTERTAINMENT Establish and complete the eight lakes in Yellowhouse Canyon. To provide water recreation activity for local residents as well as to provide visitor and tourist attractions; to serve Lubbock's "Highest boat per.capita in the Nation" tastes; and to provide for picnic and camping areas.along Yellowhouse Canyons Provide a centrally located -activity center for community.affairs. A need exists for a readily accessible location *for .spectator and/or participating sports that could Accomodate any "looking, listening, talking and performing" type of recreation and entertainment. Follow the Lubbock -Park and Recreation 1968 master. plan., This is a carefully prepared and orderly.1plan made by,the Lubb.ock Park and Recreation Department covering all phases of park recreation and entertainment. It takes advantage of all existing parks and combines the long range plan with the lakes project and other programs. Install additional tennis and handball courts (lighted) in existing parks. Need for these has been expressed by youth groups throughout the City. Build Comanche Canyon Park on Yellowhouse river northwest of Lubbock. This will provide a.tourist attraction with historical significance, plus an ' outdoor theater; golf course, swimming pools; bike, bridal, and natural trails; and other recreational facilities. TRANSPORTION Establish at Lubbock a major Regional or International Airport. The opportunity exists for some city in our area to become a regional center for air freight traffic during the next decade. Based upon the project-ed growth of the beef, industry alone, aIr freight traffic could keep a large regional airport busy before 1980.carrying fresh meat to distant markets., It is urgent that we move now to acquire land, or options on land, to pavetheway for this vital, future facility. Establish a Commission to study and to advise on traffic patterns and 2arking regulation within and near the city. Much can be accomplished without capital cost of any kind. Commission a -design study for the location of freeHays-to handle crosstown traffic in Lubbock. Minimum needs are for freeway routes connecting the Airport, Downtown Lubbock, Texas Tech, and South Lubbock.. A,comprehensive plan should result from a careful objective study by qualified traffic experts. Conduct an*,engineering stud of the exact needs for traffic routing and 2arking to eliminate con Sestiort inDowntova Lubbock,,on.l9th Streetz and on 34th Street. _ Downtown Lubbock is an especially urgent problem, but other areas seem to be rapidly getting into trouble. Commission a design study to point the way toward a revitalized 2ublic trans]2ortation system in Lubbock. Mrs. Charles Madgen, Jr. also appeared in this..regard. This.proposal.was taken under advisement by the City Council. 71-30-299-799 Notion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor (20). Granberry and Councilmen.Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the f6l- lowing Resolution be passed. LEM 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'amendment to Grant No. 08-6-09314,offered by the Office of Technical Assistance, Economic Development Administration, U.S. Department of Commerce, 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 12ti; lay of AuRust, 1971. J. d7 MI. Eff7OR A0 Lavenia Lowe, City Sdcretary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter,'Jr., City Attorney U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION OFFICE OF TECHNICAL ASSISTANCE Grant Amendment Offer to City of Lubbock, Texas, for Economic Development Technical Assistance Program. Technical Assistance Project No. 08-6-09314 The Assis'tant Secretary for Economic Development,. acting pursuant to the�authority vested in by Section 301 (a) of the Public Works and Economic Development Act of 1965 hereby offers to the City of Lubbock, Texas, an amendment to the grant acceptedon September 16, 1970 The amendment offered modifies the grant by I changing the effective date of the grant from September 1, 1970; to May 14, 1971. This offer of grant amendment is subject to the terms, conditionsland limitations of the original General Terms and Conditions and amends the Rpecial Terms and Conditions as outlined above. This offer of grant amendment does not commit the Government to approve requests for additional grant funds during or -beyond the grant period. Dated -this 22 day of jyjZ, 1971 Isl Arnold H. Leiobwitz Arnold H. Leiobwitz, Director Office of Technical Assistance This foregoing offer of grant amendment is hereby accepted. Dated this 12th day of August, 1971. 17R. GRANBERR/MAYOR 71-30-300-800 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (25) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution bepassed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTION OF STREETS AND/OR AVENUES.AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of West Wind Additibn, Lots 1-99, made arrangements with Kerr Construction Co. for the construction of paving improvements on certain streets dedicated in said subdivisions under the provisions of; said Ordinance prior to the recording of.the subdivision plat of West Wind Addition Lots 1-99 including the following streets: 1. 1 3rd Street from its intersection with the -East Lip Line of.Elkhart Avenue to its inter- section with the West Lip Line of Chicago Avenue known and designated as New Subdivision Unit Number 1860. 2nd Place from its intersection with the East Lip Line of Elkhart Avenue to its inter- section with the Southwest Lip Line at 2nd Street known and designated as New Subdivision Unit Number 1861. 2nd Street from its intersection with the East Lip Line of Elkhart Avenue,to its intersection with the West Lip Line of Chicago Avenue known and designated as New Subdivision Unit Number 1862. The West k of Chicago Avenue from its intersection with a line 3.00 feet North of.the D - - - T4"a n� tlip nllpv mnrth of 2nd Street (West Lea) to its intersection with the 300B 71-30-300-800 AND WHEREAS, the construction of the above improvements on the above -mentioned streets was (25) performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City s portion of the cost and to release escrow money. Ii. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this 12th day of August, 1971. J. H. GRANBERRV MAYOR AT Lavenia Lowe, City Se6retary APPROVED: Isl Wilford D. Watson, City Engineer APPROVED: /s/ Fred O. Senter, Jr., City Attorney AUG 14 1571 Elkhart Avenue from its intersection with a line 125.53 feet South of the alley South of 3rd Street (East Leg) to its intersection with the North Paving Line of 4th Street known and designated as New Subdivision Unit Number 1864. Elkhart Avenue from its intersection with a line 3.00 feet North of the North Property Line of alley.North of 2nd Street to the intersection with a line 125. ' 53 feet South of the alley South at 3rd Street (East Leg) known and designated -.as New Subdivision Unit Number 1865. North k of 4th Street from its -intersection with a line 100.00 feet West.of the West End of radius of Elkhart Avenue (North Leg) to its intersection with a line 384.00 feet East of the East End of radius of Elkhart Avenue..(North-Leg) known and designated as New Subdivision Unit Number 1863 0. (See Page 300B for the last part of this.Resolution) CONSOLIDATED FINAL ESTIMATE West Wind Addition Lots 1-99 Accepted August 12, 1971 QUANTITIES S.Y. S.Y. S.Y., Unit & Paving L.F. Alley Valley Sub -Unit Location 6" Base C.& G Return Gutter NS 1860 3rd St. from the East Lip Line of 4,631.04 2,664.04 87.31 Elkhart Ave. to the West Lip Line of Chicago Ave. NS 1861 2nd Place from East Lip Line of Elkhart 2,121.60 1,272.47 26.67 87.31 Ave. to,Southwest Lip Line of 2nd St.. NS 1862 2 1 nd St. from The East Lip Line of 5,030..12 2,802.50 87,31 Elkhart Ave. to the West Lip Line of Chicago Ave. NS 1863 A Chicago Ave. from 3 feet North of the 1,185.78 541.00 100".17 8.89 North Property Line of alley North of 2nd,St. (West Leg) to the South curb Line of 2nd Drive -(East Leg) NS 1863 C Chicago Ave. from 3 feet North of the 222.33 3.00 1.67 NPL of alley North of 2nd St. (West Leg) to the South Curb Line of 2nd Drive (East Leg) NS 1863 D 4th St. from 100 feet West of W.E.R. .1,006.85 387.50 of Elkhart Ave. (North Leg) to 384 feet East of E.E.R. of Elkhart Ave. (North Leg) NS 1864 Elkhart Ave. from 125.53' South of 2,583.64 1,251.91 133.33 42.22 alley South of 3rd.St. (East Leg) to the North Paving Line of 4th St. NS 1865 Elkhart Ave. from North of NPL of alley 4,583.01 1,828.07 210.00 273.18 North of 2nd St. to 125.53 feet South of alley South of 3rd St. (East Leg) TOTAL 21,364.37 10,750-.49 470.17 587.89 COST ESTIMATE 21,364.37 S.Y. Paving 6" Base @ $1.78 = $38,028.58 10,750.49 L.F. Curb & Gutter @ $1.85 = $19,888.41 470.17 S.Y. Alley Return @ $7.00 = $ 3,291.19 587.89 S.Y. Valley Gutter @ $7.50 = $ 4,409.18 CONTRACT COST $65,617.36 COST DISTRIBUTION Property Unit & Contract Owner city to Sub -Unit Cost Cost Contractor NS 1860 $13,826.55 $13,826.55 NS 1861 6,972.04 $ 6,972.04 NS 1862 $14,793.06 $14,793.06 NS 1863-A $ 3,879.41 $ 3,879.41 NS 1863-C $ 413.83 $413.83 NS 1863-D $ 2,509.06 $ 2,509.06 NS 1864 $ 8,164.87 $ 8,164.87 NS 1865 $15,058.54 $15t,058.54 TOTAL $65,617.36 $65,203.53 $413.83 71-30-301-801 Motion was made byCouncilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor 302 MMI RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS; -the City of Lubbock heretofore passed various street improvement ordinances and resolutions and' entered iinto contract with Kerr Construction Company G.W.O. 2993 for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Geneva Avenue from its intersection with .the South Property Line of 2nd Street to its intersection with a line 8.00 feet South of the South Property Line of 2nd Place known and designated as Sub -Unit Number I of Unit Number 2207. 20th Street from its intersection with a line 3.00 feet East of the East Property Line of La Salle Avenue to its intersection with a line 3.00 feet West of the West Property Line of Kewanee Avenue known and designated as Sub -Unit Number 21 of Unit Number 2208. 7th Street from its intersection with a line 3.00 feet East of the East Property Line of Vicksburg Avenue to its intersection with a line 11.00 feet East of the West Property line of Toledo Avenue known and designated as Sub -Unit Number 23 of Unit Number 2208. Avenue S from its intersection with a line 12.00 feet North of the South Property Line of 44th Street (South Leg) to its intersection with a line 3.00 feet North of the North Property Line of 45th Street known and designated as Sub -Unit Number 27 of Unit Number 2208. North 1/2 of 58th Street from its intersection with a line 16.00 feet West of the East Property Line of Avenue Q to its intersection with the West Property Line of Avenue H (South Leg) known and designated as Part Sub -Unit Number 1 of Unit Number 2210. 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.,2993). 1 1 IMPORTER! I ii I � 1 111,111 Rfflgsw_� , 1; 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 and release escrow money. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets�and/or avenues listed above and against the owners of such property in accordance with law and in themanner provided in said contract, and the proceedings with reference to said improvements and assessmentswhere such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12th DAY OF AUGUST, 1971. J. H. GRANBERRX, XOR ATTE Lavenia Lowe, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. VOtson, City Engineer Isl Fred 0. Senter, Jr.. Fred 0. Senter, Jr., city Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 2993 Accepted August 12, 1971 LIST= S.Y. S.Y. C.Y. Unit I & PAVING L.'F. Alley Less Sub -Unit Location 6" Base C & G Return Rock 1) A--- 4:n— i-Ina CPT. r%f 9nrl qi-,rPPf- 1092.92 720.30 84.39 7.00 3VA AUG 12 "7A 0 2208-23 7th Street from 3 feet East of EPL of 4397.78 2479.12 Vicksburg Avenue to 9 feet West of EPL of Toledo Avenue. i. 2208-27 Avenue S from 12 feet North of the SPL of 1034.22 600.12 16.00 44th Street (;.Leg) to 3 feet North of the NPL of 45th Street. 2210-1 58th Street from 16 feet West of the EPL 1459.82 606.70 of Avenue Q to the WPL of Avenue H (S. Leg). TOTAL 9510.38 5270.64 100.39 7.00 COST ESTIMATE 9510.38 S.Y. Paving 6" Base @ $2.69 $25,582.92 5270.04 L.F. Curb & Gutter @ $2.45 $12,911.60 100.39 S.Y., Alley Return @ $8.40 $ 843.28 7.00' Less C.Y. of Rock not used @ $6.50 -45.50 CONTRACT COST $39,292.30 COST DISTRIBUTION Property Unit & Contract .,Owner City to Escrow to ' Sub -Unit Cost Cost Contractor Be Released 2207-1 $ 5341.17 $ 3238.83 $ 2102.34 2208-21 6247.18 7671.03 - 1423.85 2208-23 17903.87 20980.15 - 3076.28 2208-27 4386.74 3480.20 906.54 2210-1 5413.34 1491.25 $3922.09 TOTAL $39292.30 135370.21 $ .00 $3922.09 71-30-303-802 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor (28) Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Drury Park Addition, made arrangements with Kerr Construction Co. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Drury Park Addition including the following streets: 52nd Street from its°intersection with the East Property Line of Lot 93 of the Drury Park Addition to its intersect -ion with the West Property Line,of Lot 97 of Drury Park Addition, and the North half of 52nd Street from the West PropertyLine of Lot 97 to 16.00 feet East of the West Property Line of Lot 83 of the Drury Park Addition known and designated as New Subdivision Unit 'Number 1925. The South half of 52nd Street from its intersection with the West Property Line of Lot 97 of the Drury Park Addition to its intersection with a line 16.00 feet East of the West Property Line of Lot 98 of Drury Park Addition known and designated as New Subdivision Unit Number 1926. 53rd Street from its intersection with the East Property Line of Lot 98 of the Drury Park Addition to its intersection with a line 16.00 feet East of the'West property Line of Lot 98, Drury Park Addition known and designated as New Subdivision Unit Number 1927, AND WHEREAS, the construction of the above improvements on the above mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the costi� #'land to release escrow money. II. This resolution shall take effect and be in force from and after its passage. J. H. GRANBERRY , ,AYOR AU G 12 1971 Isl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED Jg/ Fred Q, Senter. Jr. Fred 0. Senter, Jr., City Attorney 11RURY PARK ADDITIONL� Lots 83-98 - S.Y. S.Y. S.Y. Unit & Paving L. F. Alley Re-sur- Sub-Unit Location 6"Base C & G Return facing NS 1925 52nd St. from EPL of Lot 93 Drury 1651.56 929.00 Park Addition to WPL of Lot 97 of Drury Park Addn. & Nafrom WPL of Lot 97 to 16' E. of WPL of Lot 83, Drury Park Addn. NS 1926 52nd St. S. k from WPL Lot 97 Drury Park Addn. to 16' E. of WPL of Lot 98 of Drury Park Addn. NS 1927 53rd St. from 16;' E. of WPL of 1007.95 583.60 13.33 Lot 98, Drury Park Addn. to EPL of Lot 98, Drury Park Addn. TOTALS 3137,73 1781.60 13.33 152.89 (Cost Estimate and Cost Distribution set in on Page 304A) 71-30-304-803 Motion was made by Councilman Hollingsworth,,seconded by Councilman Turner, motion carried, (29),, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed... RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS, OF STREET AND OR AVENUES AS LISTED BELOW: WHEREAS,, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of C. N. Hodges Addition, Tract H, made arrangements with Kerr Construction Co. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of C.N. Hodges Addition, Tract H, including the following streets: west �2 of AvenueJ (concrev'only) from its intersection with a line 5.00 feet South of the 1,1ke' South Property Line of 56th Street to its intersection with a line 11.00 feet South of the North!; Property Line.of 58th-Street known and designated as.New.Subdivision Unit Number 1889. Avenue L'(drainage pavement repair from its intersection with the South Lit Line of 56th Street to its intersection with a line 273.00 feet South of the South Lip Line of 56th Street known and designated as New Subdivision Unit.Number 1891. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision.of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specificatior and in accordance.with the provisions of City Ordinance 1331.1 That the improvements on said portions of the abovementioned streets be and the same are hereby accepted. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TR DAY OF AUGUST, 197A. J. H. Granberry, ',,,jj&yor 71-30-303-802 COST ESTIMATE (28) 3,137.73 S. Y. Paving 6" Base 1,781.60 L. F. Curb & Gutter 13.33 S. Y. Alley Return 152.89 S. Y. Resurface Hff-'_GIIJSIGR @ $2.06 = $6,463.72 @ $2.07 = $3,687.91 @ $8.35 = $ 111-31 @ $1.60 = $ 244.62 CONTRACT COST $10,507.56 City to Property Property Owner Costs Unit & Contract Contractor Owner Costs (Church of God Sub -Unit Cost NOW (Ken Flagg) #1) NS 1925 $ 5,569.86 $244.62 $5,325.24 NS 1926 $ 1,541.96 $1,541.96 NS 1927 $,,3,395.74 $186.00 $1,541.96 $1,667.78 TOTALS $10,507.56 $430.62 $6,867.20 $3,209.74 au G APPROVED: Isl Wilford D. Watson. Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney. CONSOLIDATED FINAL ESTIMATE C.N. Hodges Addition Tract H Accepted August 12, 1971 QUANTITIES C & G S.Y. S.Y. Unit & Removal Paving L.F. Alley L.F. Sub -Unit Location L.F. 6"Base C & G Return Patchii NS 1889 West z of Ave. J. from 5.00 feet S. of thOSPL of 56th St. to 11.00' S. of the SPI, of 58th St. (concrete only) NS 1891 Ave. L at the intersection with 56th St. and drainage channel TOTALS 'COST ESTIMATE 68.29 S. Y. Paving 6" Base 806.40 L.F. Curb & Gutter 216.67 S.Y. Alley Return 52.00 L.F. Patching 147.30 L.F. C & G Removal 147.30 68.29 213.00 147.30 68.29 806.40 @ $2.45 = $167.31 @ $2.15 = $1,733.76 @ $8.40 = $1,820.03 @ $1.00 = $52.00 @ $1.00— $147.30 M=0790T�N W-10 Sub -Unit Co - ntract Property Unit & Cost Owner Cost NS 1889 $1,275.81 $1,275.81 NS 1891 $2,644.59 $2,644.59 $3,920.40 71-30-305-804 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor (30) Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. 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 Paving Relegage to Varifus 0 * h h* h I,_ s wners, ettachedhjrr,:,wi� W 3C a c0V m nutes o , �n shall be spread upon the minutes of this Council/ sRa 141, gle a part o is De so�quion as if fully copied herein in detail. Passed by the City Council on this the 12th day of August, 971. J. GRANBERRY, &YOR ATTEST: Mvenia Lowe, City S&retary-Treasurer APPROVED AS FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney WHEREAS, heretofore, on April 22, 1971, the City of Lubbock passed a Resolution being recorddd in Volume 526, Page bybt8�EsC? ft Hpt� 1v , jelgt�ro,5966olution containing a Declaration by he City Council for the necessity of street improvements and in such Resolution there were included paving improvements for certain hereinafter described Paving Units: and, WHEREAS, under such Paving Units, such improvements have created no liens or liens against the property assessed pursuant to said Paving Units.by reason of the fact that such paving improvements have been deleted from the stated paving program, and there is no immediate plan vf making the street improvements or alley improvements upon the streets and alleys under said Paving Units, and it is expedient to the streets and alleys as aforementioned: NOW THEREFORE: I THAT the City of Lubbock, acting by and through its duly authorized Mayor, in consideration of the premises, do hereby and by these presents, RELEASE, RELINQUISH AND FOREVER QUIT CLAIM to the owner or owners their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock my have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, 'Lubbock County, Texas, and being further described as follows; to -wit: Unit No. Street From To Part of Vicksburg Avenue 54th Street 55th Street_ 2220-3 the herein described lot Lot 30, Western Hills Addition only- 2220-4 54th Street Salem Avenue Utica Avenue Part of 53rd Street Avenue L Avenue P 2220-7 the herein describedlots only: Lots 12, B, and 16, Kirk Subdivision Tract G, C.N. Hodges Addition; Lots 1 and 2-Block 2, Pattillo Subdivision. 2220-8 E/Side of Avenue J 56th Street 58th Street Part of Elkhart Avenue 45th Street 46th Street 2220-9 the herein described lot only: lot 14, Block .11, Westmoreland Addition. 2221-5 Vicksburg Avenue 56th Street 58th Street 2221-7 Chicago Avenue 1st Place 2nd Drive 2222-1 S/Side of 21st Street Knoxville Avenue Louisville Avenue (widening) 2222-4 Frankford Avenue 19th Street 24th Street Unit No. Alley From To A-411-5 East-West between Avenue U Avenue V Main and Broadway This release affects only the property hereinabove described and in no way affects any property or liens not specifically described herein, and all liens andapparent liens against owners not otherwise k-eleased are hereby expressly retained. EXECUTED ehis 12th day of August, 1971. CITY OF LUBBOCK At J. H. GRANBERRY YOY0 R ATT Lavenia Lowe,,City Secretary -Treasurer 71-30-306-805 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (32) Mayor Granberry and Councilmen Rigsby, Hollingsworth 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 street paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with.the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting East 33rd Street from the East property line of Juniper Avenue to 350 feet East of the East property line of Juniper Avenue, have requested permission to 18 ve pavement improvements constructed on the aforementioned street and the paving of said street 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, W EREAS, Furr Cafeteria's Inc. the owners of the property *abutting ,on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the aforementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary sharetowardssuch paving, and, WHEREAS,I I the contract cost of the paving improvements will not exceed $4,200.00, the total cost not over $4,410.00 and the City's share in connection therewith would not exceed $294.00, leaving the property owner's portion not to exceed $4,116.00,-such costs being well within the current prices for paving obtained by competitive bidding, and that such payment 71-30-307-8r"m (34 1 411S 12 IS7; to be made by the City is reasonable, fair, and just to the,abutting proper * ty owners, the City and all other persons affected thereby, and that the sum of $294.00 will be duly budgedted in the 1971 budget, THEREFORE, Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the East 33rd Street herein,described, provided that such plans and specifications.meet,the usual requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: East 33rd Street from its intersection with the East property line of Juniper Avenue to its inter- section with a line 350 feet East of the East property line of Juniper Avenue. The City Engineer is further authorized and directed to duly inspect said paving construction on said Eaj�d33rd Sreet and t'v71Tiire str*ct 11 P it� r 'Is coTge ncAe mr(mid �lajs and specification acm apce S suc provemen 1) nqe leer and upon complet is o sa paving, and upon fMa apprl-Ra O'Duy I yuint�inen& s authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improviments a sum not to exceed $84.00 which is the City's share ($294.00)- less $210.00 engineering leaving the amount due the contractor from the property owners not to exceed $4,116.00 Section 2. This authority is conditioned that Furr's Cafeteria's Inc., the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such con- struction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining therto, 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, that the said ' Furr Cafeteria's 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, 411 improvements desig- nated herein shall be a permanent part of said -.East 33rd Street and the property of the City of Lubbock, without any liability whatsoever except for the payment of a sum of $84.00 to the contractor. On motion of Councilman Hollingsworth, was unanimously passed by the City Council & 111111 r WAKE= seconded by Councilman Rigsby, the foregoing resolution this 12th day of August, 1971. J d __ < �r"Wa ' We Mi' yor =17A Furrs, the owners of abutting property on the abovementioned street, and Page and Wirtz, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations there- in stated. Furr's Cafeteria's /s/ Edward Vinson By Page and Wirtz, Contr. Isl Jim Brown .I,sl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: ,ls,4 Fred 0. Senter, Jr., - I Fred 0. Senter, Jr., City Attorney Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be.passed. Nome R110nog THAT the Mayor of the City of Lubbock be and is hereby autho rized and directed to execute for and on behalf of the City of Lubbock a Transfer in favor of J. E. Maisen, attached herewith which shall be spread ukon 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 12th day of August, 1971. 4 J. H. GRANB MAYOR Im APPROVED AS FORM: /s/ Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney TRANSFER WHEREAS the City of Lubbock, a Home Rule Municipal Corporation, on April 8, 1965, by Ordinance No. 4657 levied an assessment for street -improvements against the property, herein- after described, And issued a special certificate of assessment to Kerr Construction Company of Lubbock, Texas for paving improvements constructed adjacent to the following described property: Unit Certificate Name Legal Description Amount 2131-26 19 Elvonzo Jefferson, Lot 2, Block 6-B, Rix $252.73 et ux Addition to the City of Lubbock, Lubbock County, Texas WHEREAS, said paving improvements were constructed by Kerr Construction Company and accept- ed by the City of Lubbock; and WHEREAS, Kerr Construction Company subsequently sold, transfered and assigned said special certificate and indebtedness to the City'of Lubbock, and the City of Lubbock is now the owner and holder of said special certificate and indebtedness; NOW THEREFORE, PREMISES CONSIDERED; the City of -Lubbock, acting by its duly authorized Mayor, J. H. Granberry', for and in the consideration of TEN AND W100 ($10.00) DOLLARS and other good and valuable considerationin cash, (being the entire amount due on the certificate above de- scribed) to it paid by J. E. MAISEN, the receipt and sufficiency of which are hereby acknowledgei and confessed, has transfered, assigned, sold and delivered and does by,these presents transfer, assign, sellc and deliver the above described special certificate,and indebtedness together with the liens and remedies for ther*'enforcement evidenced thereby to J.E. MISEN; TO HAVE AND TO HOLD unto the said J.E. MAISEN his heirs and assigns forever. This transfer is made witho - ut recourse on the assignor, CITY OF LUBBOCK, and without warranty, either expressed or implied. EXECUTED this-12th day of Aygust 1971. :CITY OY;BOCK J. H. GRANBERf MAYOR Lavenia.Lo4e, City Sdcretary-Treasurer *APPROVED AS TO FORM: /s/Fred 0. Senter, Jr. bred 0. Senter, Jr. City Attorney 71-30-308-807 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (35) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6144 as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6144 WHEREAS, the City Council of the City of Lubbock finds it isnecessaryto appropriate certain specific funds out of bond funds for an approved project, andthi4 ordbance deals with the daily operation of City departments in the public interest which creates an emergency; 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 $ 673.57 For the following purpose: Re*location of water line in 23rd Street between Avenue F and Avenue G ahead of paving 71-30-308-808 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, mayor (36) Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6145 as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6145 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; AUG rM X1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LtriBOCYrt, There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $851.45 For the following p.urpQs.e: Re -construct sanitary sewer line in-23rd Street between Avenue F and Avenue G ahead of paving vd. 71-30-309-809 The City Council consider/reduc,.ing the amount of retainage from the contract with Butler Construct! �(41) Company for construction of the Southeast Water Reclamation Plant. After consideration of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to authorize reduction of retainage from that required in the contract to $12,000.00. T11-is being the contract with Butler Construction Company for the construction of the Southeast Water Reclamation Plant. 71-30-3091-8.10 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, May7,r Gran- (42) berry. and Councilmen Rigsby, Hollingsworth and Turner voting Yea, notie-vo I ting Nay, to Authorize Change Order #3 ' to the dontract with Butler Construction Company for the construction of the Southeast Water Reclamation Plant. 71-30-309-811 '(43) Water Reclamation Facilities Southeastic.Plant, Lubbock, Texas Project WPC-TEX-542, Contract No. 1 August 12, 1971 , TO: BUTLER CONSTRUCTION COMPANY 711 El Paso Building Salt Lake City, Utah 8411 Original Amount of Contract Change Order No. 1 . . . . . . . . . . . . . . . . . . . . . . . (DEDUCT) Change Order No. 2. . . . . . . . . . . . . . . . . . ... . . .. (DEDUCT) Change Order No. 3 .. . . . . . . . . . . . . . . . . . . ... . (Add) Adjusted Contract Price Adjustment in Construction Time $2,032,218.00 2,696.00 11,771.83 871.13 $2,018,621.30 None WHEREAS, it is desirable to make certain changes in the work included in this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advanta.'ge gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the Amount shown above. 1. Install cast iron drain line from Grit Remover to Chlorine Contact Basin. 2. Install Magnetic door catch on south door of office Building. 3. Modify wiring in Motor Control Center in 1'ipeGallery to permit simultaneous operation of the two Aerobic Digester,Superna-tant Pumps. M ADD $ 166.18 IN WITNESS WHEREOF, the owner and the Contractor have hereto set their hands this 12th day of August,' 1971., ATTEST: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By /s/ Chester A. Green Project Engineer August 12, 1971 BUTLER CONSTRUCTION COMPANY, Contractor By Is/ Ferris R. Daniels' August 12, 1971 CITY OF LUBBOCK, TEXAS, Owner .By August 12, 1971 92(- 0)effif-Secrerhiy I Motion was made by CouncilmanTurner, seconded by Councilman Hollingsworth, motion carried, Mayor i Granberry and Councilmen Turner and Hollingsworth voting Yea, none voting Nay, that the following Resolution be passed. Councilmen Rigsby was absent at the time of this motion. WHEREAS, It lias been determined by the City,Council upon information by the Traffic Engineer that the increased traffic along a portion of Universtity Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving.of University Avenue; and, N 12 1911 WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described,, owned by Maurice D. Kinser and wife, Hazel Kinser; 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 owners, and all others, whose interest may appear, for fee simple title to said land have been appraised in the amount of $5,7.55, and the City 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'University Avenue, the fee simple title to the land lying and being'situated in Lubbock County, Texas and more particularly described as follows; to -wit: Lot 20, Block 2, Kinser Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners Maurice D. Kinser and wife Hazel Kinser, and all others if any whose in- terest 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 purpose: urposea 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 proceddings 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 12th day of August, 1971. J. 4H.GRANMBEtRR., MAYOR ATTEST: ATTEST: Lavenia-Lowe, City Stcretary-Treasurer APPROVED AS TO FORM: Isl Fred '0.' Senter, Jr.,, Fred 0. Senter, Jr. , City Attorney 71-30-310-812 Motion was made by Councilman Hol.lingsworth,.seconded by Councilman Turner., motion carried, .(44) Mayor Granberry and Councilmen Rigsby, Hollingsworth 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 TrafficEngin- eer that the increased traffic along a portion of University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of University Avenue; and, WHEREAS, it is necessary to acquire for street And highway I right of way purposes the fee simple title to the land hereinafter described, owned by W. C. Kemletz and wife, Melva W. Kemletz; 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 $9,650.00, 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 University Ave I nue, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: Lot 20, Block 1, Kinser Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners, W. C. Kemletz and wife, Melva W. Kemletz, 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, forlthe use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemn- ation 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 12th day of August, 1971. J7-H. GRANBERR/1"OR AT Lavehia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney AUG I � 71-30-311-813 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (47) Mayor Granberry and Councilman Rigsby, Hollingsworth 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 University Avenue within the City of Lubbock, Lubbock , Texas, necessitates the Count'y, 'widening and improving of University Avenue; and WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described, owned by John M. Johnson and wife, Jose- phine,Johnson; 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 owners, and all others, whose interest may appear, for fee simple title to said land have been appr aised in the amount of $16,000.00, 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 purpose of widening and improving the public street known and described as University Avenue, the fee simple title to the land lying and being situated in Lubbock'County, Texas, and moreparticularly_described as follows, to -wit: Lot 1, Block 2, Gandy Heights Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners, John M. Johnson and wife, Josephine Johnson, and all others, if any, whose interest may appear, be*offered through I 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 condemn- 6tion 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 12th day of'August, 1971. J. GRANBERRY ATTEST: L5(re nia Lowe, City Se4retary-Treasurer APPROVED AS TO FORM: Cs/ Fred 0. Senter, Jr., City Attorney 71-30-311-814 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth,'motion carried, (50) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. Mayor Granberry was absent at the time of this motion. RESOLUTION WHEREAS, it has been determined'by the City Council upon itiformation by the Traffic Engin- eer that the increased traffic along a portion of University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and 'improving-' I of University Avenue; and, WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land here'lnafter'des'cribed,*owned by R. A. Lamb and wife, Odessa Lamb; 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 owners, and all others, whose ,interest ,may appear, for fee simple title to said land have been appraised in the amount of $16,800.00, 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 purpose's ofwideningand improving the public street known and describedas University Av*'enue,; the fee 'simple title to the land lying and beinF situated in Lubbock County,'Tex9s, and more particularly described as follows, to -wit: The West 50 feet of Lot I and the East 20 feet of Lot 2, Block 1, Sunny Slope Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners, R. A. Lamb and wife, Odessa Lamb, 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 theuseand benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceeding's for and on behalf of the City of Lubbock to acquire the . fee simple title to said land as hereinabove described for street purposes. 1W tm 12 1971 1V 1. The LICENSEE covenants with the CITY OF LUBBOCK that the steel cover to the sump drain will.be constructed and maintained at.the,grade.jevel of the alley as it now exists or will exist after paving. 2. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council, and the CITY OF LUBBOCK retains the right, as its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICEN- SEE. Said notice shall be deemed properly,served if deposited in the Post Office, postage paid, addressed to LICENSEE AT Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the pr6perty shall be restored to its original condi- tion at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 3. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such g.rant the sum of TEN AND NOIIOO ($10.00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license.. 4. Payment of the annual fee provided above ' , except ' the initial ' payment shall be made by LICENSEE to CITY OF LUBBOCK on January lst of each ' ch year this license.is in effect. Notice of such fee being due shall be sent by the CITY OF LUBBOCK * �BOCK'.to I LICENSEE and upon failure of LICENSEE to pay such fee within thirty (30) days ' from receipt of such notice, the CITY OF LUBBOCK shall consider such non-payment as a default in this license, and.the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by LICENSEE. 5. 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. 6. The LICENSEE agree's,to pay all costs arisingoutof 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. 7. ;"In the event the CITY OF LUBBOCK determines that the existence of such use interfere with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanit ary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may b e, for its expense xpense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 8. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 9. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or commence any part of the con- struction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, its assigns and successors, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes or action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or main- tenance 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 Mork to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair'z:)r 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 con- ditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF., LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE 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,. 10. 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. 11. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, his heirs and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 8. - .1 - ___ U-4- ­An�af-nnAc And Avrees 31 AUG 12 CITY OF LUBBOCK 9`1�9 Z1,-x., �o J ArTBANBERRIk, OR ATTEST: *dnia Lowe', C etary-Treasurer i APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Sam Wahl, Director of Public Works AGREED TO'AND ACCEPTED this 12th day of August, 1971. LICENSEE: OWEN McWHORTER, JR. 71-30-315-824 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor (60) Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea-, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Ruth Hudgins, 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 12th day of August, 1971. J. NBERR , OR ATTEST La enia Lowe, City Sec etary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jk., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK This indenture made this 12th day of August, 1971, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and RUTH HUDGINS, hereinafter called "GRANTEE". Subject to the terms and provisions herein, the CITY OF LUBBOCK, TEXAS, does hereby grant unto GRANTEE, her heirs and assigns, as'provided below, the right, privileges and license to construct and maintain a sidewalk canopy 9 feet*in width, 31 feet 8 inches in length with a minimum roof height of 8 feet 8 inches, abutting the building located on Lot 5, Block 121, Original Town of Lubbock, Texas. 1. GRANTEE shall be entitled to install, display, repair and maintain signs on the roof of the canopy, but such signs shall not exceed 45 inches in height and shall not be so installed to protrude or project beyond the leading edge of the said canopy provided that prior to the erection of such signs the GRANTEE will obtain the permission of the City of Lubbock in writing. 2. The CITY OF LUBBOCK reserves the right to install or remove traffic control signs or devices, parking control signs, parking meters, or any other item incident to the control or regulation of traffic and normally installed in the street right-of-way. 3. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal•by the City Council, and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to GRANTEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to GRANTEE at Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the GRANTEE, the:improvements that are permitted under this license shallLbe removed by the GRANTEE and the.property shall.be restored to its original con- dition at no cost or expense to the CITY OF LUBBOCK, In the event GRANTEE fails or refuses to ____-- -__-L -r..,.« a,... -_A 1. #4, nTmv nV TTT[212nr7 I-i,o rTTV All T.TTRUArY aha11 Pnrpr rim LIE 1971 possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against GRANTEE for which GRANTEE shall be liable. 4. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND N01100 ($5.00) DOLLARS per year for the duration of this license, with the first year, payable on,expcution of this instrument and a like sum payable on January 1st of each succeed- ing year for the duration of this license. 5. Payment of the annual fee provided above, except the initial payment shall be made by GRANTEE to CITY OF LUBBOCK On January 1st of each year this license is in effect. Notice of such fee being due shall,be sent by the CITY'OF-LUBBOCK to GRANTEE and upon failure of GRANTEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall consider such non-payment as a default in this license,,and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by GRANTEE. 6. Prior to any construction as authorized by this license, the GRANTEE shall submit to the City Engineer plans and specifications for the construction to be done, And the GRANTEE shall not commence construction until such plans and specifications are approved by the City Engineer. 7. The GRANTEE agrees to pay all costs arising out of the exercise of the license herein gr anted, 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. 8. 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 sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised utility, GRANTEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for GRANTEE'S use herein. 9. This license is not transferable by the GRANTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK, 10. This license is made subject to the condition that should the GRANTEE exercise any right under the license herein granted and prepare or begin or complete any part of the construc-% tion as herein contemplated across any or all of the above set out property, then and in that event said GRANTEE, her heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes or action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or main- tenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agree- ment with any contractors hired by GRANTEE 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 con- tractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construct- ion, repair.or,maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained ih said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to GRANTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give GRANTEE a reasonable opportunity to settle or adjust the same. 11. GRANTEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specifie.d`'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 cover- ing the uses herein granted. 12. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the GRANTEE, her heirs and assigns, shall be binding,upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (9). 13. GRANTEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and GRANTEE waives any and all claims in and'to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. A 1W �///O, Lavenia Lowe, City Secretary -Treasurer AGREED To AND ACCEPTED this 12th day of August, 1971. CITY .,OF LUBBOCK J. ANBERP AYOR LICENSEE: APPROVED AS TO FORM: Isl Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Ruth Hudgins morwWo AUG 12 1 71-30-311-813 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (47) Mayor Granberry and Councilman Rigsby, Hollingsworth 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 University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of University Avenue; and WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described, owned by John M. Johnson and wife, Jose- phine Johnson; 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 owneri, and all others, whose interest may appear, for fee simple title to said land have been appr aised in the amount of $16,000.00, and the Council finds such amount to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF TAE'CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purpose of widening and improving the public street known and described as University Avenue, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more,particularly,described as follows, to -wit: Lot 1, Block 2, Gandy Heights Addition to the City of Lubbock, Lubbock County, Texas. THAT,the owners, John M. Johnson and wife, Josephine Johnson, and all others, if any, whose interest I 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 condemn- 4tion 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 12th day of'August, 1971. J. CRANBERRY ATTEST: L14-enia Lowe, City Se4retary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 71-30-311-814 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth,'motion carried, (50) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none * voting Nay, that the following Resolution be passed. Mayor Granberry was absent at the time of this motion. RESOLUTION WHEREAS, it has been determined'by the City Council upon iiifformation by the Traffic Engin- eer that the increased traffic along a portion of University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and"improviing-'of University Avenue; and, WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land here'lnafter'described,"owned by R. A. Lamb and wife, Odessa Lamb; 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 owners, and all others, whose interest may appear, for fee simple title to said land have been appraised in the amount of $16,800.00, 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 University Avenue; the fee''simple title to the land lying and being' situated in Lubbock Coun . ty,'Texas, and more pa'tticularly described as follows, to -wit: The West 50 feet of Lot 1 and the East 20 feet of Lot 2, Block 1, Sunny Slope Addition to the City of Lubbock, Lubbock County,, Texas." THAT the owners, R. A. Lamb and wife, Odessa Lamb, 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, lfar .the .use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemation 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. IG 12 1971 71-30-312-815 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (51) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to authorize purchase of the West 50 feet of Lot 20 and the East_20 feet of Lot 19, Block 2, Sunny Slope Addition (2502 45th Street) from J. D. Badley for a consideration of $15,000.00. z This is for University Avenue right of way. Mayor Granberry was absent at the time of this h motion. 71-30-312-816 Motion was made by Councilman Hollingsworth, seconded by Councilman.Turner, motion carried, (52) Mayor.Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. Mayor Granberry was absent at the time of this motion. RESOLUTION WHEREAS, it has been determined by the City Council upon information by the Traffic Eng- ineer,that the increased traffic along a portion of University Avenue within the City of Lub- bock, Lubbock County, Texas, necessitates the widening and improving of.University Avenue; and WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described, owned by Charles A. Diegel and wife, Jo Ellen Diegel; 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 owners, and all others, whose interest may appear, for fee simple title to said land have been appraised in the amount of $16,000.00, and the City 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 University Avenue,.the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: Lot 18, Installment No. 1, Lortondale Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners Charles A. Diegel and wife, Jo, Ellen Diegel, 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 con- demnation 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 12th day of August, 1971. J. H. GRANBERRY, tKYOR AT r, ex; Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: %sl Fred 0. Senter, Jr., City Attorney 71-30-312-817 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (45) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to.authorize purchase of Lot 10, Block 2,.Badley Addition (2502 40th Street) from Marvin A. Fann for a consideration -of $12,700.00.. This is for University Avenue right of way. 71-30-312-818 Motion was.made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (49) Mayor Pro Tem Rigsby.and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to authorize purchase of Lot 1,.Block 2, Sunny Slope -Addition (2501 44th Street) from Woodrov,, Cagle for a consideration of $15,450. This is for University Avenue right of way. Mayor Granberry was absent at the time of motion. 71-30-312-819 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (54) Mayor Pro.Tem.Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to authorize purchase of Lot 1, Block 2, Badley Addition (2501 39th Street) from Ethel Clark for a consideration of $11,500.00. This is for University Avenue right of way. Mayor Granberry was absent at the time of motion. 71-30-312-820 Motion was made by Councilman Hollingsworth, seconded by Councilmai,Turner, motion carried, (55) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner'voting Yea, none voting Nay, to authorize purchase of Lot 20, Block 2, Gandy Heights Addition (2502 44th Street) from C. Con- treras for a consideration of $15,750.00. This is for University Avenue right of way. Mayor Granberry was absent at .the time of this motion. 71-30-312-821 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (56) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to authorize purchase of Lot 36, Installment 2, Lortondale Addition (2502 48th Street) from G. Stalcup for a consideration of $13,500.00. This is for University Avenue right of way. Mayor Granberry was absent at the time of this motion. AUG 12 197' 71-30-313-822 Motion was made by Councilman Hollingsworth, seconded by Cbuncilman.Turner, motion carried, (57) Mayor Pro Tem, Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6146 on first reading. Mayor Granberry was absent at the time of this motion. ORDINANCE NO. 6146 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; ect; Widening of University Avenue 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 Improvements Bond Fund 76-6061-551 The sum $85,940.00 For the following purpose: 2501 39th St. (Lot 1, Blk. 2, Badley Addn.) $11,500 2502 44th St. (Lot 20,*B1k. 2. Gandy Heights Addn.) $15,750 2502 48th St. (Lot 36, Installment 2, Lovtondale) $13,500 2501 44th St. (Lot 1, Blk. 2; Sunny Slope Addn.), $15,450 250 ' 2 40th St. (Lot 10, Blk. 2, Badley Addn.) $12,700 2502 43rd St. (Lot 20, Blk. !,'Gandy Heights Addn.) $15,750 Land $84,650 Supplemental Expenditures $ 12290 TOTAL $85,940 71-30-313-823 Motion was made by Councilman Turner., seconded by Councilman Rigsby, motion carried, Mayor (59) Granberry and Councilmen Rigsby and T I urner voting Yea, none voting Nay, that the following Resolution be'passed. Councilman Hollingsworth was absent at the time of this motion. 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 Alley Use License in favor of Owen McWhorter,Jr., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Counctl shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed,by the.City Council this 12th day of August, 1971. ATTEST: LNVveaa Lowe, tity Sekretgry-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney' ALLEY USE LICENSE THE STATE ATE OF TEXASI COUNTY OF'LUBBOCK This indenture made this 12th day of August, 1971, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corpor ation, and OWEN McWHORTER, JR., of Lubbock County, Texas, herein- after called *LICENSEE." WITNESSETH: Subject to the terms, conditions and provisionshereinthe City of LUBBOCK does hereby grant unto the LICENSEE, his heirs and assigns, the ri ght, privilege and license to occupy a portion of the alley adjacent to Lot 11, Block 58, Overton Addition to the City of Lubbock, owned by the LICENSEE, to place and install a sump drain, a description of the portion of the alley to be used is described as follows: BEGINNING at a point 21 feet West of the Southeast cornetz.of Lot 11, Block 58, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 2 feet; THENCE West 4 feet; THENCE North 2 feet; THENCE East 4 feet to the POINT OF BEGINNING, 9391 WAGO U G 8 1971 1. The LICENSEE covenants with the CITY OF LUBBOCK that the steel cover to the sump drainwill-be constructed and maintained at.the,grade..level of'the alley as it now exists or ,will exist after paving. 2. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council, and the CITY OF LUBBOCK retains the right, as its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICEN- SEE. Said notice shall be deemed properly.served if deposited in the Post Office, postage paid, addressed to LICENSEE AT Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the prbperty shall be restored to its original condi- tion at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 3. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TEN AND N01100 ($10.00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January lst of each succeeding year for the duration of this license., 4. Payment of the annual fee provided above, except.the initial payment shall be made by LICENSEE to CITY OF LUBBOCK on January lst of each. year this licensie.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 thirty (30) days from receipt of such notice,, the CITY OF LUBBOCK shall consider such non-payment,as a default in this license, and, the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by LICENSEE. 5. 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. 6. The LICENSEEagrees.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. 7. ,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 sanit ary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 8. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 9. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or commence any part of the con- struction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, its assigns and successors, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes or action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or main- tenance 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',:)r 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 con- ditions contained in said agreement and a certified copy of a policy of 'public liability assumed by contractor in said agreement with the CITY OF., LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE 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. 10. 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. 11. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, his heirs and assigns, ahall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 8.' 12. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims.in and to the public way it is permit- ted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. 315 AUG 12 19i CITY OF LUBBOCK J. ERR?, OR ATTEST: enia Lowe; C .t etary-Treasurer i APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Sam Wahl, Director of Public Works AGREED TO'AND ACCEPTED this 12th day of August, 1971. LICENSEE: OWEN McWHORTER, JR. 71-30-315-824 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor (60) Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea-, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of.Ruth Hudgins, attached herewith which shall be spread upon the minutes of the Cbuncil 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 12th day of August, 1971. J. fpprtaNBERR , OR ATTEST: Lavenia Lowe, City Sec etary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK This indenture made this 12th day of August, 1971, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and RUTH HUDGINS, hereinafter called "GRANTEE". Subject to the terms and provisions herein, the CITY OF LUBBOCK, TEXAS, does hereby grant unto GRANTEE, her heirs and assigns, as'provided below, the right, privileges and license to construct and maintain a sidewalk canopy 9 feet in width, 31 feet 8 inches in length with a minimum roof height of 9 feet 8 inches, abutting the building located on Lot 5, Block 121, Original Town of Lubbock, Texas. 1. GRANTEE shall be entitled to install, display, repair and maintain signs on the roof of the canopy, but such signs shall not exceed 45 inches in height and shall not be so installed to protrude or project beyond the leading edge of the said canopy provided that prior to the erection of such signs the GRANTEE will obtain the permission of the City of Lubbock in writing. 2. The CITY OF LUBBOCK reserves the right to install or remove traffic control signs or devices, parking control signs, parking meters, or any other item incident to the control or regulation of traffic and normally installed in the street right -of' -way. 3. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal -by the City Council, and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to GRANTEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to GRANTEE at Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the GRANTEE, the:improvements that are permitted under this license shall -be removed by the GRANTEE and the property shall.be restored to its original con- dition at no cost or expense to the CITY OF LUBBOCK, In the event GRANTEE fails or refuses to U, . t­ 11Tn1V nV TTMVrU 7 f-hu rTTV Al? T.TTRAWY ahal l enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against GRANTEE for which GRANTEE shall be liable. 4. GRANTEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of FIVE AND N01100 ($5.00) DOLLARS per year for the duration of this license, with the first year payable on,ex0cution of this instrument and a like sum payable on January 1st of each succeed- ing year for the duration of this license. 5. Payment of the annual fee provided above, except the initial payment shall be made by GRANTEE to CITY OF LUBBOCK On January Ist of each year this license is in effect. Notice of such fee being due shall,be sent by the 6ITY'OF.LUBBOCK to GRANTEE and upon failure of GRANTEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall consider such non-payment as a default in this license,,and the City .Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by GRANTEE. 6. Prior to any construction as authorized by this license, the GRANTEE shall submit to the City Engineer plans and specifications for the construction to be done, and the GRANTEE shall not commence construction until such plans and specifications are approved by the City Engineer. 7. The GRANTEE agrees to pay all costs arising out of the exercise of the license herein gr acted, 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. 8. In the event the CITY OF LUBBOCK determines that the existence of such use interfere with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanit ary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised utility, GRANTEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for GRANTER'S use herein. 9. This license is not transferable by the GRANTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK, 10. This license is made subject to the condition that should the GRANTEE exercise any right under the license herein granted and prepare or begin or complete any part of the construe'-: tion as herein contemplated across any or all of the above set out property, then and in that event said GRANTEE, her heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless ' from any and all claims, demands, actions, causes or action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or main- tenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agree- ment with any contractors hired by GRANTEE 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 con- tractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construct- ion, repair.or,maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained ih said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to GRANTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give GRANTEE a reasonable opportunity to settle or adjust the same 11. GRANTEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specifie.d','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 cover- ing the uses herein granted. 12. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the ~same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the GRANTEE, her heirs and assigns, shall be binding,upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (9). 13. GRANTEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of posse ' ssion are intended or implied except those expressly set forth herein and GRANTEE waives anyand 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. CITY.OFLUBBOCK J.44.lLiBARR .7"A"YOR ATT Lavenia Lowe, City Secretary -Treasurer AGREED TO AND ACCEPTED this 12th day of August, 1971. LICENSEE: I /s/ Ruth Hudgins APPROVED AS TO FORM: Isl Fred 0. Senter, Jr., City Attorney APPROVED: 3X_z MA AUG 12 197 71-30-317-825 (61) Motion was made by Councilman Turner, seconded by Councilman Rigsby, Granberry.and CouncilmenRigsby, Hollingsw.orth.and Turner voting Yea, the following Resolution be passed. RESOLUTION motion carried, Mayor none voting Nay, that WHEREAS, the City Council of the City of Lubbock has determined the necessity of extending and constructing an electrical transmission line along a portion of the SW 1/4 of Section 11, Block E-2, Lubbock County,. Texas; and, WHEREAS, it is necessary that a permanent easement and a temporary working easement be secured for the construction of said electrical transmission line, along a portion of the land hereinafter described, owned by FLOYD HONEY, DENVER DAVIS HONEY, CECIL WAYNE HONEY, FRANCES B. ,HONEY, and GLENYS. HONEY, a feme sole,; and, WHEREAS, the City Council has caused an appr aisal to be made of said land for a permanent easement and a temporary working easement and the value, -in total damages, if any, to the owners, and all others whose interest may appear, for a permanent electrical transmission line easement and a temporary working easement has been appraised in the amount of $12,500.00, 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 .a permanent easement and a temporary working easement for the purpose of extending and constructing.an electrical transmission line along a portion of land lying and being situated in Lubbock County, Texas, more particularly described as follows, to -wit: PERMANENT ELECTRICAL TRANSMISSION LINE EASEMENT : BEGINNING at a point in the North line of 82nd Street 55 feet N 0 degrees 01' 10" E and 30 feet S 89 degrees 59' 4011 W of the Southeast corner of the Southwest 1/4 of Section 11, Block E-2, Lubbock County, Texas, for a corner of this Easement; THENCE N 0 degrees 01' 10" E, 30 feet from and parallel to the East Boundary Line of the Southwest 1/4 of Section 11, Block E-2, a distance of 2587.64 feet to a point 30 feet South of the North Boundary Line of the Southwest 1/4 of Section 11, Block E-2 for a corner of this Easement; THENCE N 89 degrees 57' 5011 W. 30 feet from and.parallel to the North Boundary.Line of the Southwest 1/4 of Section 11, a distance of 2610.00 feet to a point in the West Boundary Line of Section 11 for a corner of this Easement; THENCE N 0 degrees 01' 10" E. along the West Boundary line of Section 11, a distance of 20 feet to a point 10 feet South of the Northwest corner of the Southwest 1/4 of Section 11 for a corner of this Easement; THENCE S. 89 degrees 57' 50" E, 10 feet from and parallel to the North Boundary Line of the Southwest 1/4 of Section 11, a distance of 2610.0 feet to a point 30 feet West of the East Boundary Line of 'the Southwest 1/4 of Section 11 for a corner of this Easement; THENCE N 0 degrees 01' 10" E, 30 feet from and parallel to the East Boundary Line of the Southwest 1/4 of Section 11, a distance of 691.35 feet to a point in the South Right of Way line of Loop No. 289 for a corner of this Easement; THENCE N 89.degrees 571 E along the South Right of Way line of Loop 289 a distance of 10 feet to a point 20 feet West of the East Boundary Line of the -Northwest 1/4 of Section 11, for a corner of this Easement; THENCE S 0 degrees Oil loll W, 20 feet from and parallel to the East Boundary Line of the Northwest 1/4 and Southwest 1/4 of Section 11, a distance of 3269.00 feet to a point in the North line of 82nd Street for a corner of this Easement; THENCE S 69 degrees 59' 40" W, along the Worth line of 82nd Street, a distance of 10 feet to the PLACE'OF BEGINNING. TEMPORARY WORKING EASEMENT BEGINNING at a point in the North line of 82nd Street, 55.00 feet N 0 degrees oil 1011 E of the SE corner of the SW 1/4 of Section 11, Block E-2, Lubbock County, Texas, for a corner of this easement; THENCE N 0 degrees 01' 10" E, along the East boundary of the 'SW 1/4 and the WE 1/4 of Section ll,.a distance of 3269.02 feet to a point in the South Right of Way line of Loop 289 for a corner of this. easement; THENCE S 89 degrees 57' W. along the South Right of Way line of Loop 289, a distance of 30.00 feet to a -point fora corner of this easement; THENCE S 0 degrees 01' 1011 W, 30 feet from and parallel to the East boundary line of the NW 1/4 of Section ll,.a distance of 681.35 feet to a point in the North boundary line of the SW 1/4 of Section 11 for a corner of this easement; am ro-1 23 12 1971 THENCE N 39 degrees-57' 50" W. alongthe North boundary line of the SW 1/4 of Section 11; a distance of 2610 feet to the NW corner of the SW 1/4 for a corner of this easement; U THENCE S 0 degrees 01' 10" W.' along the West boundary line of Section 11, a distance of 30 feet to a point for a corner of this easement; THENCE S 89 degrees 57' 50" E. 30 feet from and parallel to the North boundary line of the SW 1/4 of Section 11, a distance of 2610 feet to a point 30 feet West of the East boundary of the SW 1/4 of Section 11 for a corner of this easement; THENCE S 0 degrees 01'.10" W. 30 feet from.and parallel to the East boundary line of the SW 1/4 of Section 11, a distance of 2557.64 feet to -a -point in the North line of 82nd Street for a corner of this easement; THENCE N 89 degrees 59`40" E. along the North line of 82nd Street, a distance of 30.00 feet to the PLACE OF BEGINNING. THAT the owners, FLOYD HONEY, DENVER DAVIS HONEY, CECIL WAYNE HONEY, FRANCES B. HONEY, and GLENYS HONEY, a feme sole, and all others, if any, whose interest may appear be offered through the Right of Way -Department the amount appraised as the valueandtotal damages, if any, for the acquisition of the permanent easement and temporary working easement for the purposes previously 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 easement rights as stated to the hereinabove de- scribed land. Passed by the City Council this 12th day of August, 1*971.. J. H. GRANBERRY AV Lavenia Lowe, City Seere-tary-TreasureF 71-30-318-826 Motion was made by Councilman Hollingsworth•, seconded by Councilman Rigsby, motion carried, (62) Mayor Granberry and Councilmen Rigsby and Hollingsworth voting Yea, none voting Nay, to authorize a Sales Contract between W. G. Burton -and the City of Lubbock for all of the East k of Lots 6 and 7. Suburban Homes Addition, a subdivision of part of Sections 6 and 8, Block B, Lubbock County, Texas, for a consideration of $26,500.00. Councilman Turner abstained from voting on this item. STATE OF TEXAS SALES CONTRACT .This contract of sale has been entered into by and between W. G. BURTON and wife, MARY ALICE BURTON of Lubbock County, Texas, hereinafter called "SELLER"; and the CITY OF LUBBOCK, a Home Rule Municipality, of Lubbock County, Texas; hereinafter called "BUYER". WITNESSETH: The SELLER agrees to sell to the BUYER, and the BUYER agrees to purchase, upon the terms and provisions hereof, the following described real property, situated in Lubbock County, Texas, to -wit: All of the East k of Lots 6 and 7, Suburban Homes Addition, a subdivision of parts of Section 6 and 8, Block."B",Lubbock County, Texas.. The purchase price agreed -'upon for the purchase of the above described property is TWENTY-SIX THOUSAND FIVE HUNDRED AND NOIIOO ($26,500.00) DOLIARS,,to be paid in cash upon consum- ation of the sale as provided below. The SELLER agrees to furnish BUYER a complete Abstract of Title, tax certificates showing no delinquent taxes (current taxes, insurance and rents, if any, to be pro -rated to date of clos- ing) a General Warranty Deed to'be-recorded by BUYER'S expense, conveying good and marketable title, subject only to the following: none. A complete Abstract of Title, certified to a current date, has been delivered to BUYER) the receipt of which is hereby acknowledged. BUYER shall have twenty-one (21) days from the date hereof within which to have it examined and written report made thereon, a copy of which report shall be delivered to SELLER within that time, pointing out any objections to title made by BUYER, and no objection thereto shall be considered unless so pointed out. If any valid objections to the title are so pointed out, SELIER shall have a reasonable time not exceeding thirty (30) days from the date of delivery to SELLER of the written report pointing out the objections to title, in which to cure and remove such objections. The parties are agreed that time is of the essence of this contract, and that this sale will close on or before thirty (30) days after the date hereof. Upon failure of either party hereto to comply herewith, the parties may at their option declare this contract null and void or enforce specific performance of the same. In addition, if title is found objectionable and is not cleared within the time provided, BUYER may declare the contract null and void or enforce specific performance hereof or seek such other relief as may be provided by law. Ul" n-I The SELLER will give immediate possession of the premises upon closing of the sale except for his residence in which he shall have ninety (90) days from the date hpreof to find housing and remove his possessions. Clay Turner, as Real Estate Agent has negotiated this sale and SELLER agrees to pay such agent ONE THOUSAND FIVE HUNDRED AND NOIIOO ($1,500.00) DOLLARS commission upon closing. EXECUTED in multiple copies this 12th day of August, 1971. ATTEST: e ty 4Le4n aLowe, Secketary-Treasurer BUYER: CITY OF LUBBOCK J.0tf." GRANBERRY, YOR SELLER: Isl W. G.'Burton /s/ Mary Alice Burton /c/ Clay Turner,Agent 71-30-319-827 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (62a) Mayor Granberry and Councilmen Rigsby and Hollingsworth voting Yea, none voting Nay, to pass Ordinance No. 6147 on first reading. Councilman Turner abstained from voting on this motion. ORDINANCE NO. 6147 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: Storm Sewer Bond Fund The sum $26,500.00 For the following purpose: Acquisition of property from W. G. Burton at 50th Street and Avenue C. This property is to be used for fill material. 71-30-319-828 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (64) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION APPROVING,AND PROVIDING FOR THE EXECUTION, OF A PROPOSED CONTRACT FOR GRANT To ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES. WHEREAS, under Title VII of the Housing Act of 1961, as amended, the United St ates of America (herein called the "Government") has tendered to the City of.Lubbock, Texas, (herein called the "Public Body") a proposed Contract for Grant to Acquire and/or Develop Land for Open -Space Purposes under which the Government agrees to make 4 Grant to the Public Body to aid in.financing a project, designated Project No. OSL-TX-06-16-1003; and, WHEREAS, the Public Body has given due consideration to said proposed Contract; and, WHEREAS,the Public Body is duly authorized, under and pursuant to the Constitution and laws of.the State of Texas, to undertake and carry out said Project and to execute such proposed Contract, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK.- I SECTION . . ,l. The proposed Contract, designated"'Contr'act for Grant to Acquire and/or Develop Land for Open -Space Purposes; Contract No.. OSL-TX-06-16-1003 (6)", consisting of Parts I and.II, under andsubjectto the provisions,, terms and conditions of which the Government will make an Open -Space Land Acquisition and/or Development Grant. under Title VII of the Housing Act of 1961, as amended, to the Public Body to aid in financing the cost of a project, desig- nated Project No. OSL-TX-06- 16-1003, situated in the City of Lubbock, Texas, is hereby in all respects approved. SECTION 2., The Mayor of the City of Lubbock is hereby authorized and directed to execute said proposed Contract in tiro counterparts on behalf.of the Public Body, and the City Secretary - Treasurer is hereby authorized and directed to impress and -attest the official seal of the Publi Body on each.such coun . tprpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative.to the approval and execution thereof as may be required by , the Government. 320 SECTION 3. The Director of Parks and Recreation of this Public Body is hereby authorized to file requisitions, together with necessary supporting documents, with the Government, from time to time as'Graht'funds are required, requesting payments to be made to it on account of the Grant provided for in the Contract, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. II SECTION 4. The Public Body agrees to abide by all of the provisions, terms and conditions of said Contract. Passed by the City Council this 12th day of August, 1971. J. H. GRANBERRYMAYOR T* Lavenia Lowe, City Sbcretary-Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr., City Attorney UNITED STATES: OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR'OPEN SPACE PURPOSES under Title VII of the Housing Act of 1961, as Amended Part I Contract No. OSL-TX-06-16-1003(G) THIS AGREEMENT, consisting of this Part I and the Terms and Conditions (Form HUD-3180b, dated 6-69) forming Part II hereof (which Parts, together are herein called the "Corittactol), effective on the date hereinbelow set out, by and between the City of Lubbock, Texas, (herein called the "Public Body") and the United States of America (herein called the "Government"), WITNESSETH: In consideration of the mutual covenants, promises, and representations contained herein, the parties hereto do agree as follows: The, purpose of this Contract is to provide Federal financial assistance to the Public Body in the form of a grant of Federal funds (herein called the "Grant") under Title VII of the Housing Act of 1961, as amended, for the purpose of carrying out a certain open -space land project (herein called the "Project") and to state the terms and conditions under which such assistance will be extended. SEC. 2. THE PROJECT (a) The Public Body agrees to undert ake, carry out, and complete the acquisition of fee simple titlein,and development of,, that certain land located in the City of Lubbock, County of Lubbock, and State of Texas, and more generally described as follows: SEE EXHIBIT "A" ATTACHED The Public Body agrees to develop the land in the following mariner and with the improve- ments described: All sites to include playground, landscape, water system, volleyball, recreation shelter, park lights. Sites 2, 4 and 6 will also include tennis courts. (b) The Public Body agrees to retain said land, as developed, for permanent open -space purposes, and I the'open-space use or uses s of said land shall be for park and recreational purpos- es, conservation of land and other natural resources, or historic or scenic purposes. SEC. 3. THE GRANT The Government agrees to make a grant to the Public Body to assist it in carrying out the Project. The grant shall in no event exceed the lesser of (1) 50 percent of the eligible Pro- ject costs., not including the cost of relocation payments and assistance, as determined by the Government, and the Government's share of the cost of relocation payments and assistance pro- vided by the Public Body in connection with the Project as specified in Section 4 of the Con- tract, or (ii) $231,907. SEC. 4. RELOCATION PAYMENTS The Public Body agrees to make relocation payments and payments for eligible expenses inci- dental to transfer of title and condemnation litigation, and to provide relocation assistance to or on I behalf of eligible displacees in accordance with and to the full extent permitted by the I regulations or other requirements of the Secretary and within the budgetary limits of the Contract. Notwithstanding any other provision of the Contract, the Government shall provide a Grant to fund the first $25,000 of the cost to the Public Body if providing such payments and 320-B LEGAL DESCRIPTION OF PROPERTYrx,., EXHIBIT "A" PROPOSED PARY. SITE TRACT I .. CORONADO ADDITION All of Lots 3 through 13, Block 42, Coronado Addition t to the City of Lubbock, Lubbock County, Texas. , (; TRACT II - NORTH SIDE OF PARi.'iAY ELEMENTERY SCHOOL � -BEGINNING at a point, said point being 10.0 feet South of the Southeast r corner of Lot 3, Mackenzie Terrace Addition to the City of Lubbock, Texas; , " j THENCE South.and along the West right of line of Zenith Avenue a distance of 124.18 feet to a point of curvature to the right; said curve having a radius of 15.00 feet ; delta angle 900, tangent length of 15.00 feet length of 23.56 feet; , a nd an arc THENCE around said 15.00 foot curve an arc length distance of 23.56 feet to a point of tangency;. ; THENCE West a distance of 25.0 feet to a point; THENCE South a distance of 30.0 feet to a point; THENCE West a distance of 590.0 feet to a point; THENCE North a distance of 777.44 feet to a point in the North line of Section 21 Block A; il 14, THENCE East along - g the North line of Section 2, 'Block A, a distance of 373.4 feet to a point; , C THENE South a distance of 608.26 feet to a • point;. THENCE East a distance of 256.6 feet to. the PLACE` OF BEGINNING. • , t t (A) Advance or Progress Payments. Under or subject to such conditions as the Government may, in writing, specify which are not inconsistent with applicable law, the Government may, in its discretion, make advance or progress payments to W{ the Public Body on account of the Grant, or on account of the increase with respect to the Grant provided for in Section 4 of. k� Park I of this Contract, at such time or times prior to the completion of the Project and the final determination of the total + (. -3- a, F ' f -5- AUG 12 W assistance for each eligible-displacee, pursuant to such regulations or other requirements, displaced prior to July 1, 1972. Costs of the Public Bodyfor providing such payments and assistance in excess of said $25,000 per -eligible displacee on account of displacement occur- . -ring on or after July 1, 1972, and all costs of the public body for providing such payments and assistance on account of displacement occurring on or after July 1, 1972,s hall be treated and funded as are other eligible Project costs. Grant funds from the total amount thereof.set forth in Section 3 of the Contract; used to.fund the cost of relocation payments and assistance in accordance with this Section of the Contract shall notwithout the prior written consent of the Secretary, exceed $-0-. SEC. 5. TIME OF PERFORMANCE The Public Body agrees that -it will: (a) Complete the acquisition of.the open -space within 3 months following the date of execution of the Contract. (b) Initiate the development activities contemplated under this Contract within 6 months after completion of acquisition of the open -space land, or within 6 months after execution of the Contract, whichever hever is ' later, and that it will complete such development activities within a reasonable period of time thereafter, now estimated to be 24 months. SEC. 6. COUNTERPARTS OF THE CONTRACT This Contract may be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. SEC. 7. CHANGES APPLICABLE TO PART II HEREOF None. SEC. 8. SPECIAL CONDITIONS See Exhibit "B" Attached SEC. 9. DEED RESTRICTION/RECORDATION The Public Body agrees to have prepared and recorded'in the appropriate Land or Deed Re- cords for each open -space site contained in this project an appropriate restriction indicating that the site or any interest therein may not be sold, leased, or otherwise transferred without the prior written approval of the -Secretary of Housing and Urban Development, his designee, or any successor thereto. This.restriction.may be recorded in the Public Body's deed or deeds to the open -space site or in a sep*6Yte instrument, provided that.the method used gives construct- ive notice (or the equivalent) of the restriction. SEC. 10. ASSURANCES Prior to entering into the Contract the Public Body provided the following to the Govern- ment: (b) Assurances that (i) in acquiring real property it 4 11 be guided to the greatest ex- tent practicable under State law,. by the land acquisition policies in Section 301 and the provi- sions of Section 302 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and (ii) property owners will be paid or reimbursed for necessary expenses as spec- ified in Sections 303 and 304 of said.Act. IN WITNESS WHEREOF, the Public Body has caused this Contract to be duly executed in its behalf and its seal to be hereunto affixed and attested; and, thereafter, the Government has caused the same to be duly executed .'in its behalf this 12th day of August. 1971. (SEAL). loot, ATTEST: tgveni�a Lowe, City Setretary-Treasurer Approved as to form: Fred 0. Senter, Jr., City Attorney (EXHIBIT A THROUGH B SET IN ON PAGE 320B) CITY OF LUBB K, TEXAS By j'.H,.—GRANBERRY, ;000(AYOR UNITED STATES OF AHERICA Secretary . of Housing and Urban Deve By Area Director Dallas Area Office, Region VI 5,nwl 1971 71-30-322-829 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (65) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to appoint Mxs'..Jane Bacon to fill the unexpired term of John Waddington, who -resigned, as a mem- her of the Lubbock Commission to Combat Drug Abuse. This term will expire October 8, 1973. 71-30-322-830 Motion was made by Counciluan'Rigsby, seconded by Councilman Turner, motion carried, Mayor (66) Gr.,anberry and Councilmen Rigsby, Hollingsworth 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 RELEASE OF LIEN between A R J CORPORATION and the CITY OF LUBBOCK 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 12th day of August, 1971. A;0 Lavenia Lowe, City Secretary -Treasurer Isl Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I KNOW ALL MEN BY THESE PRESENTS: I a 2101013-3 ow" =2 101 J.. CRANBERRY, AXOR .THAT WHEREAS,, on the`5th day of February, 1969, A J CORPORATION entered into a Notice of Lien Contract I with the CITY OF LUBBOCK, a Home Rule Municipality,'duly incorporated under the constitution And laws of the State of Texas, -through its Housing Standards Administrator, all of Lubbock County, Texas, authorizing the City of Lubbock to demolish all of the substandard struc- ture located at 102 Avenue K further described as Lot 1, Block 1, Loosey Subdivision to the City of Lubbock, Lubbock County, Texas, for the sum of EIGHTY-FIVE AND NO1100 ($85.00) DOLLARS, such sum to be assessed as a lien on the property at the above described location; and, WHEREAS, such contract now appears of record in Volume 141, Page:309, of the Mechanic's Lien Records of Lubbock County, Texas; and, WHEREAS,':,such amount provided in the contract has fully and finally been paid to the City of Lubbock on the 22nd day of July, 1971; NOW THEREFORE, the City of Lubbock, in consideration -of the premises, hereby acknowledges payment of such contract and does hereby release unto the said A R J CORPORATION, its successors and Assigns, the lien existing by reason of such contract, upon any property therein described of the said A R J CORPORATION, its successors and assigns. WITNESS OUR HANDS this 12th day of August, 1971. CITY OF L BOCK J. H. GRANBERRY.X%YOR Isl L. 0. White L. 0. WHITE, Housing Standards Administrator 71-30-322-831 The City Council' considered the purchase of six buildings for the Lubbock Regional Airport. (70) After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to authorize purchase by the Lubbock Regional Airport of six residences that are being purchased by the City and removed from University Avenue in connec- tion with University Avenue widening program between 34th Street and 50th Street. Total purchase price being $23,400.00 and payment to be made from Airport Revenue Funds. 71-30-322-832 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (69) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to authorize payment of account in an amount not to exceed $250.00 of the Youth Council in the year 1971. This being telephone service at office located at Citizens Center, Suite 109. Mayor Granberry was absent at the time of this motion. 71-30-322-833 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, May- (69a) or Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to author- ize supplement in the amount of $250.00 for payment of Youth Council account to Account No. 10-1005-425 from Unappropriated Funds from the 1970-71 Budget. Mayor Granberry was absent at AIM 71-30-323-834 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (71) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6148 on first reading. ORDINANCE NO. 6148 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds.it is necessary to appropriate certain specific funds out Of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Airport Capital Improvements Fund The sum $105,000.00 For the following purpose: AWO-184 Architectural and Engineering Consultants fees for implementation of Master Plan 71-30-323-835 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (72) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6149 on first reading. ORDINANCE No. 6149 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 i following described bond fund, to -wit: Airport Capital Projects Fund The sum $7,948.28 For the following purpose: AWO-188 Underground cable to Executive Hangars of Lubbock $3,699.72 AWO-187 Fire Lines to Executive Hangars of Lubbock $4,248.56 Additional Appropriation necessary due to dnder-estimate by City forces. 71-30-323-836 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (73) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6150 on first reading. ORDINANCE No. 6150 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds, out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is*hereby appropriated out of the following described bond fund, to -wit: Airport Capital Improvements Fund The sum $55,000.00 For the following purpose: AWO-192 To cover engineering services to date for constructi and reconstruction of taxiways, service road, rehabilitation of lighting system on NIS runway. 71-30-323-837 The following bids were received for the purchase of miscellaneous water items for warehouse (74) stock, being Bid No. 1687 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 and Turner voting Yea, none voting Nay, to accept the bid of Morrison Supply Company for the pur- chase of Item I'; accept the bid of Clowe and Cowan for the purchase of Item 2 and 3; and accept the bid of Smith Blair, Texarkana, Texas,for the purchase of Items 4 and 5. 71-30-323-838 The following bids were received for the purchase of valves and sleeves, various sizes for (75) warehouse stock, being Bid No. 1688. W iG 12 1971 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 and Turner voting Yea, none voting Nay, to accept the bid of M. B. McKee Company, Inc., for the purchase of Items 1, 3, 9-10; accept the bid of Western Industrial Supply Company, Amarillo, Texas, for the purchase -of Item 2; and accept the bid of Clowe and Cowan, Inc., for the purchase of Items 4-8. 71-30-324-839 The following.bids were received for the purchase of cast iron pipe 6." and 8" for warehouse (76) stock, being Bid No. 1703. Bid Tabulation set in Bid Book. Tie bids were received from Clowe and Cowan, Inc. and Lone Star Steel Company, Dallas, Texas, for the purchase of this cast iron pipe. Lots were.drawn and motion was made by Councilman ,..Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to accept the bid of Lone Star Steel Company, Dallas, Texas, for the purchase of cast iron -pipe 6" and 8" for warehouse stock. 71-30-324-840 The following bids were received for the 19,71.Sea1. Coat Program, being Bid No. 1680. (77) Bid Tabulation set in Bid Book. After consideration of all id R rSfp1Xgd Mnffo&'rYffettfeaR� EMEIMOR Rf*r.* Wth mo 1Q_ c -.§; Councilman Hollingsworth/ant Turner vot1n1g ea, none ing Nay, .to accept the bid of Turner Construction Company for the 1971 Seal Coat Program. 71-30-324-841 NOTICE TO BIDDERS (78) G.W.O. 10743 Sealed proposals addressed to F ' loyd Nesbitt, Purchasing Agent, City of Lubbock, Texas, will be received at the office: of the Purchasing Agent until 4:00 p.m., August 5, 1971, for the con- struction of approximately 6,575 feet of 27", 5,280 feet of 24" and,2,782.feet of 18" V.C.T. san- itary sewer lines and related construction for the City of Lubbock, Texas. The City Council will consider the bids. on August 12, 1971, at the City Hall, subject to,the right to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to s * ubmit a cashier's or certified check or bid bond in the amount of 5 per cent of the total bid. and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in texas. Plans and specifications are on file in the office of the City Engineer, Lubbock, Texas. City of Lubbock, Texas By: Floyd,,Nesbitt, Purchasing Agent In accordance with the above Notice to Bidders, bids as follows were received for pipe for construction of 82nd Street sanitary sewer lines between 82nd Street from Memphis Avenue to Slide Road and 58th Street between Wayne Avenue and Bangor Avenue, being Bid No. 1689. 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 and Turner voting Yea, none voting Nay, to accept the alternate bid of Accu-Namics, Inc., Dallas, Texas, for purchase of Flextran pipe -in place -as set out in the above Notice to Bidders. 71-30-324-842 The following bids were received for the purchase of.75,000 feet of signal cable, G.W.O. 3007, (79) being Bid .No. 1-693. 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 and Turner voting Yea, none voting'Nay, to accept the bid of Automatic Signal Division, Ft. Worth, Texas, for 75,000 feet of signal cable, G.W.O. 3007. 71-30-324-843 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (46) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none -,voting Nay, that the.following Resolution be passed. : FSTRTIT-UMM WHEREAS, i� has-been determined by the City Council upon information by the Traffic , Engineer that the increased traffic along a portion of'University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of University Avenue; and WHEREAS, it is necessary.to acquire for street and highway right -of * -way purposes the fee simple title to the land hereinafter described, owned by Eulalie Davies, a feme sole; 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 $14,000.00, and the Council finds such amount to be fair and equitable; NOW THEREFORE: 0 1 0 4 DW06VARI) IM I rAFT, AUG 14, I THAT*the City of Lubbock acquire for the purposes of widening and improving the public street known and described as University Avenue, the fee simple title to the land lying and beirg situated in Lubbock County, Texas,.and more particularly described As follows, to -wit: Lot 1, Block 1, Gandy Heights Addition to the City,of Lubbock, Lubbock County, Texas. THAT the owner, Eulalie'Davies,a feme sole, 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 acquision 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 oflubbock to acquire the fee simple title to said land as here- inabove described for street purposes. Passed by the City Council this 12th day of August, 1971. ATTPkT:, H. GRANBERRY YOR fAv--e-n a towi,-CitY TC - retary-Treasurer I APPROVED AS TO FORM: Isl Fred 0. Senter, Jr., City Attorney 71-30-325-844 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (48) Mayor Pro Tem Rigsby and Councilmen Hollingsworth and Turner voting Yea, none voting Nay, to authorize purchase of Lot 20, Block 1, Gandy Heights Addition (2502 43r'd Street) from R. Leftwich for a'consideration of $15,750.00. This is for U I niversity Avenue right of way. 71-30-325-845 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, (38) Mayor Granberry -and Councilmen Rigsby igsby, Hollingsworth and Turner voting Yea, none voting May, to authorize final payment of $618.80 to Liberty Building Company for construction of metal building at North Landfill site. Amount of the contract being $6,188.00. Certificate of Completion Honor ' able Mayor and City Council City of Lubbock, Texas Gentlemen: On August 1, 1971, 1 inspected the Pre -Fab Steel Service Garage constructed by Liberty Building Company under contract dated March 18., 1971, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very -truly yours, /s/ Wilford D. Watson, I City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared R. C. Williams, who being by me duly sworn, upon oath says: I, R. C. Williams,, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated March 18, 1971 for construction of Steel Service Garage under G.W.O. 10,728 and that the work and contract has been completed according to the plans and specifications pertaining to theproject and that all labor, material„ supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants ants due the contractor, have been satisfied by payment to the claimant, his*authorized-agent or attorney, and full release rl of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County.. I further represent and affirm that all Federal, State and Municipal laws were substan- tially edmplied with by me in doing -and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock tome me of the full and final moneys due me under this contract. Witness my hand this 5th day of August, 1971. /s/ R. C. Williams F1&'T_A63 RE 12 1971 was made by Councilman Rigsby, seconded by.Councilman Hollingsworth, motion carried, 71-30-326-846 Motion oting Yea, none voting Nay, (40) mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner v. that the following Resolution be passed. M, �� 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 approve for and on behalf of the City of Lubbock a contract between Southwestern Public Service Com- pany, Frank Gray, et al, and R. E. Jones, Sr.,, for effluent to be used for irrigation purposes, attached herewith which shall be spread upon the minutes of the Council and aif spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 12th day of August, 1971. GRANBERRY, YOR A Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0! Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK d into this 7th day of August, 1971, by and between SOUTHWESTERN THIS AGREEMENT enteredPUBLIC.SERVICE COMPANY, a New Mexico corporation, hereinafter called Company, and Mr. R. E. ner.of Lubbock, Texas, hereinafter called Landowner; Jones, Sr., a property ow WITNESSETH: The Company owns and operates an electric power generation statio,hereinafterutilizes calconsiderable led Station, on a portion of Section 21, Block S, Lubbock County, Texas. ThisnStation quantities of treated sewage effluent purchased by the Company from the city of Lubbock's mun- icipal waste treating plant for "make-up" to the Company's cooling tower(s). The Company pro- poses to sell, and Landowner proposes to.purchase the blowdown water from the Company's cool - the Landowner's property, but Landowner may, at his ing tower(s) for use as.irrigation water on sole risk,use such water on other land and for such other purposes as he elects. Furthermore, the company proposed to . permit the use of the twenty-four (24) inch treated sewage effluent delivery pipeline (owed, maintained and operated by the city inch but constructed for and at the expense of the Company) between City of Lubbock's municipal waste disposal plant and the company's Station, for the purpose of delivering to the Landowner quan- tities of treated sewage effluent in addition to blowdown. 1. The delivery by the company to the Landowner of these quantities of sewage effluent is subject to the following conditions: a. The Company makes no guarantee or representation to the Landowner as to the quan- tity or quality of the sewage effluent delivered. ty b. The sewage effluent delivery is subject to separate agreeimntil as to quanti-, cost, by and between the City of Lubbock, a certain Frank Gray, and the Landowner; aand copy of the agreement(s) is attached hereto and made a part hereof., or delivery to the Landowner, will be obtained through c. The sewage effluent, f twenty-four (24) inch sewage effluent delivery line, a metered tap on the aforesaid mpanys,delivery.mter. The Company will install, own, at a point ahead of the Co tc. as may be maintain and operate the necessary mter(s),piPe, valves, pumps, e necessary to deliver both, or either, sewage effluent and blowdown in controlled and varyingamounts to the Landowner, on a scheduledbasis. ew a the sagefflunt delivery faciliie d. The company will, at all times, so operate adequate supplytofs, installed for the convenience of the Landowner, so s toe insureean withinment sewage effluent for the Company's present and future requirements thereof, limitations.of the delivery line capability or the sewage effluent purchase agree between City of Lubbock and company. e. The Company will provide Frank Gray and the Landowner the necessary meter reading information to permit determination of quantity of sewage effluent delivered to Land- owner And the cost thereof.. f. Billing for such sewage effluent delivery will be by and between Frank Gray and Landowner. 2. Through facilities owned, maintained, and operated by Company, the Company will deliver controlled quantities of sewage effluent, as set forth above, and blowdonorthwn of- to tha point located approximately twenty-five (25) feet east and seventy-five (75) feet e southwest corner of Section 21, Block S, Lubbock County. At this point the blowdown and sewage effluent enters the Landownerts pipeline. 3. Delivery of blowdown is subject to the following conditions: a. So long as blowdown is available, through normal operation of the Company's Station-, then that blowdown (less any Company use thereof) will be delivered to Landowner for irrigation water, at a price or prices per thousand gallons set forth herein. b. Title to blowdown and sewage effluent, and the liability thereof passes to the Landowner at the above -identified delivery point. c. Company will own, maintain and operate- suitable and necessary pipelines, meters, pumps, valves, etc. to permit delivery of sewage effluent, or blowdown, or any com- bindtion thereof, at a rate up to one thousand (1,000) gallons per minutes on a scheduled basis. Assuming closed valvej or zero flow conditions, the pressure at point of delivery will not be less than 3 pounds per square inch guage. d. The Landowner hereby agrees to reimburse Company as follows for blowdown and/or $15,000 investment by Company (of estimated $22,000 total) in facilities necessary to accomplish the purposes of this agreement: On or before I November,, 1972, and each subsequent 1 November thereafter, Landowner agrees to pay to Company $1,500 cash, for a total consideration of $15,000 pay- able over a ten (10) year period. In addition thereto, Landowner agrees to pay to Conpafiy the sum of 0.92 cents for each 1,000 gallons of blowdown delivered by Company to Landowner. Billing for blowdown delivered will be on a monthly basis, starting thirty (30) days after first delivery of blowdown but not later than I December, 1971. The above basis. of reimbursement is applicable to the period I November, 1971 through 1 November, 1981. .e. The Landowner may exercise an option to extend this agreement for a second ten (10) year period from 1 November, 1981 by notifying the Company to that effect not later.than 1 November, 1980. f.. If this agreement is extended by exercise of Landownerts option, the Landowner hereby agrees to reimburse Company as follows for blowdown and/or continued access to delivery facilities: 0.65 cents per 1,000 gallons of blowdown delivered by:Company to Landowner. Billing for blowdown delivered by Company to Landowner will be on a monthly basis. 4. The Company estimates that one hundred million (100,000,000) gallons per year of blow - down will be produced by the presently installed single generating unit at Jones Station but Company does not guarantee, or bind itself, that blowdown and/or sewage effluent will at all times be available. If the Station is so operated that no blowdown is available or is insufficient for Landowner's irrigation requirements, the Company shall in no way become liable to Landowner. The Landowner is specifically advised that no blowdown will be available when the single Station unit is down for repairs or inspection. 5. Neither party shall be liable for damages, or otherwise, to the other, for any failure of ' performance due to strikes, lockouts, repairs to generating facilitiev, pumping facilit: electric lines and pipelines, or to any cause or causes of any kind or character beyond the control of either; provided, however, that in no event shall the Landowner be relieved of his obligation to pay Company for water delivered or his obligation to repay the Com- pany for cost of pumping facilities and pipeline facilities set forth above. 6. The Company reserves the right to modify the treatment of sewage effluent used by Company, from time to time, and if it can be conclusively demonstrated that such change in treatment makes this blowdown unsuitable for irrigation purposes, the Landowner shall be relieved from any and all obligations under.this contract including his obligation to purchase blowdown and including his obligation to repay the Company any)balance due upon the cost of its pumping and pipeline facilities installed for the purpose of deliver- ing blowdown to the Landowner. 7. The Company shall, at any and all times, have the right to use sufficient quantities of said blowdown to provide adequate protection to its Station against fire and to pro- vide sufficient water formaintaining grass, shrubs, a-nd,grees upon its premises and to provide sufficient water for purposes of sanitation:c . 8. The Company shall be the sole and exclusive judge as to what constitutes blowdown from its Station. 9. The Landowner has made his own investigation and analysis of the quality of the blow - down to be made available by Company and Landowner is relying upon his own investigation, sampling and analysis of said blowdown in entering into this contract. The Company makes no representations, guaranties or warn tanties as to the quantity, if any, of blow down whicl may be available from time to time and makes no representations-, guaranties or warranties of any kind or character that the quantity of such blowdown available will be adequate for the aforesaid irrigation purposes;or forstockwatering purposes or any other purpose contemplated by the Landowner. N ME The Company makes no representations that.the quality`of said blowdown will be suit able for irrigation purposes or stock watering purposes or that it is suitable for any use whatso- ever, it being specifically understood and agreed that Landowner accepts said blowdown with- out warranty of any kind or character and that Landowner assumes all risk of injury or dam- age to persons or property resulting from his use thereof and the Landowner agrees to indemnify and hold harmless the Company from all claims for injury or damage to persons or property which may be asserted against it and arising out of the use of said blowdown or sewage effluent. 10. Nothing contained herein purecludes. the Company from selling or otherrise disposing of blowdown to prevent possible overflowof Company's blowdown storage pond. This assumes that the Landowner has failed to utilize all blowdown available to him and, therefore, the Company would not incur any liability to Landowner through such other sale or disposition. 11. Nothing contained herein obligates Company to continue the delivery of sewage effluent if the contract for disposition of blowdown is for any reason terminated. 12. Within the limitations set forth hereinabove, the Company will deliver sewage effluent and/or blowdown water to the Landowner, in the quantities and proportions, and at the rate of flow, specifically requested by the Landowner. The Landowner will furnish the Company with a list of the names of parties, if any, authorized to make such requests on his behalf. The Landowner will install a valve at such a point in his receiving pipeline that he can discontinue the taking of sewage efflu- ent and/or blowdown water at any time he so elects. The taking of sewage effluent and/or blowdown water shall, insofar as is feasible, be determined twenty-fbdr hours in advance by a schedule of talon The Schedule of Taking shall be by agreement between the Landowner (or his representatives) and the Manager of the Company's Station (or his representatives). 13. This agreement shall be binding upon the.Company, its successors and assigns, the Landowner, his executors, administrators, heirs and assigns. This contract is acknowledged by and noted by the City of Lubbock and Frank Gray. WITNESS OUR HANDS at Lubbock, Texas this 12th day of August, 1971. SOUTHWESTERN PUBLIC SERVICE COMPANY By President ATTEST: Assistant Secretary /s/ R. E. Jones, Sr., Landowner /s/ C. W. Howard, witness ATTEST:* ACKNOWLEDGEMENT: Is/'Wayne Hudman CITY OF LUBBOCK 7T /s/ Owen W. McWhorter, Witness By. J.''H. GRANBERRY Date: 8-14-71 STANDEFER & GRAY.', INC. .../s/ Frank Gray Date: 8-7-71 71-30-328-847 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (33) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6151 as an emergency measure. ORDINANCE No. 6151 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 'There is hereby appropriated out of the.following described bond fund, to -wit: Storm Sewer Bond Fund The sum $1,400.00 For the following purpose: Installation of lake pump at Quaker Avenue and Brownfield Highway. 328 B AUG1?,1911 ,r r. , L� v Li � 1 r r t s z { i r f 1 t i 4 } p t f AUG 12 71-30-329-848 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (67) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to authorize approval and adoption of the new Airport Master Plan as presented by Arnold Thompson and Associates and modified by Parkhill, Smith and Cooper, Engineers. .(Map set in on Page 328B; See Airport Permanent File for Master Plan) 71-30-329-849 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor (27) Granberry and Councilman Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to authorize final payment to Kerr Construction Companyin the amount of $426.10 for the paving improvements constructed on North Avenue Q (Sanitary Landfill'Road). Estimated cost was $4,950.00 and final cost is $4,261.00. August 5, 1971 Mr. Wilford D. Watson City Engineer City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Re: Our contract to surface dump ground road (North Ave. Q from Kent St. one mile north) Dear Sir: We have completed all work on the above captioned project. We respectfully request that this contract be closed and a final estimate be paid, Thank you. Yours very truly, KERR CONSTRUCTION COMPANY KH/bag /s/ Ken Hancock CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I COUNTY OF LUBBOCK I Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared KEN HANCOCK, who being by me duly sworn, upon oath says: I, KEN HANCOCK do represent to the City o f Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated may 27th, 1971 for Paving Improve- ments on North Avenue Q (North Dump Road) and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, mater- ial, supplies and other cost including equipment, rental and hire, and all expense items incur- red in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full re- lease of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substan- tially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this Contract. Witness my hand this 17th day of August, 1971. (SEAL) ATTEST: Isl Ken Hancock, Vice President Isl Johnnie L. Howell, Secretary -Treasurer 71-30-329-850 Motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, (37) Mayor Granberry and Councilmen Rigsby, Hollingsworth and Turner voting Yea, none voting Nay, to pass Ordinance No. 6152 on first reading. ORDINANCE 6152 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: Sanitary Sewer Bond Fund C UL The sum .,$ 256,224.04 For the following purpose: ` Construction of sanitary sewer trunk main from South Loop 289 and Memphis Ave. to 82nd Street at Slide Road and West in 58th Street at Wayne Ave. to 58th St. and Bangor Ave. (West in 82nd St. to Slide Road) Low Bid $265,742.83 Engineering & Inspection - $ 13,287.14 Paving Repair $ 350.00 71-30-330-851 (21) Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby and Turner voting Yea, Councilman Hollingsworth 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 between the City of Lubbock and Relocation Consultants for relocation activities for Canyon Lakes Project 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 12th day of August, 1#0&1J4J 0' Lavenia Lowe, City ecretary-Treasurer /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney;. CONTRACT FOR ACQUISITION AND RELOCATION SERVICES FOR CANYON LAKES PROJECT THIS AGREEMENT entered into between the City of Lubbock, hereinafter called "CITY" and W. T. Yarbrough and Homer R. Akins dba Relocation Consultants, hereinafter called "CONSULTANTS`! W.ITNESSETH 1. The Consultants hereby agree to perform for the City the services of Consultants and act as representative of the City in the negotiation for purchase of property needed in the Canyon Lakes Project and when such property is acquired by the City, the Consultants will perform relocation services required by the City. The scope of services to be performed by the Consultants are set out in two (2) letters and attachments from the Consultants to Mr. Jim Bertram, City Planning Department., Lubbock, Texas, dated July 28, 1971, which are attached and made a part hereof. 2. The services to be.performed by the Consultants shall consist of Phase 1 only of the services set out in such letters. This,-Ai3iconsist of the preparation of forms and procedures' necessary to negotiate the purchase of the property needed in such project and the preparation of a relocation plan and socio-economic surveys needed in both residential and non-residential relocations. The services shall be limited to this Phase 1 and no additional services shall be performed nor shall addi-tional compensation be paid for additional services until authorized by either an amendment to the contract or a new contract. 3. The compensation to be paid by the City to'.the City to the Consultants for the services under Phase 1 shall be the sum of $2,000.00 for preparation of forms and proceduites used in negotiation for the purchase of the project property and the sum of $17,610.00 for the preparation of a relocation plan and socio-economic surveys. 4. The services performed by Consultants as set out in the letters and attachments shall be in conformance with the uniform relocation Act of 1970 and any additional directives from the department of Housing and Urban Development and the Department of Interiro. The Consultants hereby assume the responsibility on the behalf of the City of performing the acquisition and relocation services covered by this contract. 5. The services to be performed under this Phase 1 shall be completed by October 1, 1971. 6. The Consultants shall be paid for services rendered under this contract upon submission to the Director of Planning of a statement showing in detail that the services covered by such statement have been performed. The Director of Planning shall then authorize the Director of Finance to pay the Consultants for.suc,h'.services. The Consultants shall hire such employees as shall be needed to perform the contracted services and acquire such equipment and supplies needed to perform the services in a proper and timely manner. The Consultants shall hold the City harmless from any acts or ommissions of the principals, employees or agents of the Consultants in the performance of the services of this contract.' 7. This contract may be cancelled by the City in the event the Consultants are unable or unwilling to perform the services agreed upon in this contract or in the event the standard of 51 AUG 12 1 c performance by the Consultants does not meet the approval of the City Council. In the event of cancellation, the Consultants shill be paid for services performed to the date of cancellation if such services are acceptable to the City. EXECUTED this 12th day of August, 1971. ATTEST: L venia Lowe, City S cretary-Treasurer APPROVED AS TO FORM: /sf Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney C ITY OF LUBB K BY • •J , OR RELOCATION CONSULTANTS BY: /s/ Homer M. Akin fsl W. T..Yarbrough 71-30-331-852 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor (58) Granberry and Councilmen Rigsby,, Hollingsworth and Turner voting Yea, none votingiNay, to Authorize purchase of electrical easement in Carter -Coffee Addition for a consideration f ;`2280.84. Payment authorized from Electric Revenue Fund. _ NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL 2KNED MEETING, AUGUST 12th, 1971. RULE 1, NI ATTEST Lavenia Lowe, Cit ecretary-Treasurer READ AND APPROVED THIS THE 26th day.of August, 1971. ATTEST: Laven a Lowe, City S cretary-Treasurer , MAYOR