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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/6/1956Lubbock, Texas December 6, 1956 REGULAR MEETING The City C ommission of the City of Lubbock, Texas, met at 9 o'clock A.M. in regular session, at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor S. S. Forrest, Jr. Commissioners 0. L. Byrd, David Casey and Homer Maxey, City Manager HP Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent: Commissioner Lennis Baker Invocation was given by Commissioner David Casey. Motion by Commissioner Byrd seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Aaxey voting Yea, none voting Nay, the following City Commission minutes were approved: REGULAR1,MrING .......................November 20, 1956 RECESSED REGULAR MEETDIG..............November 12, 1956 Lotion by Commissioner Byrd, seconded by Commissioner Casey,'motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following minutes of accounts allowed were approved: Warrant No. 14201 through Warrant No. 14595, both inclusive Warrant No. B3675 through Warrant No. B3941, both inclusive 1 through 68 - Electric Revenue Fund 1 through 20 - Airport Revenue Fund 1 through 51 - Waterworks Revenue Fund 1 through 40 - 1956 Waterworks System (Elec.) Fund 1 through 24 - 1956 Waterworks System Fund. 56-16-67-156 Motion by Commissioner Casey, seconded by Conu-dssioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2076, was passed on second and final reading. ORDINANCE NO. 2076 AN ORDINANCE ABANDONING AND CLOSINTG A PORTION OF 33RD STREET BETWEEN QUAKER AND SALEM AVENUES, SAID PORTION OF SAID STREET BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDEITAN CE; AND DIRECTING THE CITY ENGINEER TO INDICATE ON THE OFFICIAL MAP OF THE CITY OF LUBBOCK, THE CLOSING AND ABANDON=:::G OF SAID PORTION OF SAID STREET. 56-16-67-157 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2077 was passed on second and final readiahg. ORDINANCE NO. 2077 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A TWENTY FOOT UTILITY BASEMENT ON 33RD STREET BETWEEN QUAKER AND SALEM AVENUES, SAID PORTION OF SAID UTILITY EASEMENT, BEING PARTICULARLY DESCRIBED BY FETES A14D BOUNDS IN THE BODY OF THIS ORDINANCE; AND DIRECTD--'G THE CITY ENGINEER TO INDICATE ON THE OFFICIAL MAP OF THE CITY OF LUBBOCK, THE CLOSING AND ABAT?DOI-EIG OF SAID PORTION OF SAID UTILITY EASEMENT. 56-16-67-158 '.lotion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting lea, none voting Nay, Ordinance No. 2083 was passed on second and final reading. ORDINANCE NO. 2083 AN ORDINANCE ABAT DUNE:G AND CLOSING A PORTION OF THE EAST -WEST ALLEY LYING BETWFZi BLOCKS 1 AND 2 OF THE RATLIFF ADDITION TO.THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAIDALLEY BEING MORE PARTICULARLY DESCRIBED IN THE BODY CF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO INDICATE THE CLOSING AND ABANDONING OF S:UD ALLEY. DEDICATION DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: 5-16-68-159 i-16-68-159a COUNTY OF LUBBOCK 0 This is to certify that the M AND F CORPORATION of Lubbock, Texas, a Corporation duly incorpo- rated under the laws of the State of Texas, acting herein by and through its officers heretofore duly authorized, and in consideration of the benefits accruing and to accrue to said corporation and the rema_nder of the property owned by said Corporation, hereby dedic,_.tes to the public for public use forever, as a public alley -way thefollowing described tract of land located in the City of Lubbock, Lubbock County, Texas, more particularly described by metes and bounds as follows: The West Twenty (20) feet of Lot 5, Block 2 of theRatliff Addition to the City of Lubbock, as recorded in the Lubbock County Deed Records, Vol.26, Page 134, Lubbock County, Texas, described as follows; BEGINNING at a point said point being the Northwest corner of Lot 5, of the said Ratliff Addition; THENCE South a distance of 153 feet to i.he Southwest corner of said Lot 5; THENCE East a distance of 20 feet to a point; THENCE North a distance of 153 feet to a point on the North line of said Lot 5; THENCE West a distance of 20 feet to the POINT (F BEGINNING and containing 3060 sq feet;. TO HAVE AND TO HOLD for public use forever the.above described tract -of land for nlley and street purposes. WITNESS THE HAND of the M AND F CORPORATION, this the 3rd day of December ,1956. M AND F CORPORRATION BY: s LEE FIELDS President ATTEST: /s/ Alex Cooke Secretary THE STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 BEFORE RM, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared LEE FIELDS, President of M AND F CORPORATION, a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of M AND F CORPORATION, a Corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day of December ,A.D.21956. Chaun Trout , Lubbock ty, Texas Kotion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting "ay, to confirm purchase by the Cit;;, of Lubbock of the material as shown in the following bid, being bid 2632. BID NO. 2632; Close Nov. 21, 1956 42 lin. ft. tunnel liner plate lump sum 4511in. ft. tunnel liner plate lump sum Extra 3 lin. ft. lengths lump sum Armco Drainage & 11'etal Products 4,137.00 4,432.50 270.00 Alternate Bids 42 lin. ft. 10 ga. corr. metal culvert lump sum 3,175.20 45 lin. ft. 10 ga. corr. metal culvert lump sum 3,402.00 Extra 3 lin. ft. lengths lump sum 226.80 Texas Tunneling Company 4,113.90 4,407.75 554.85 The 3 alternate bids of Armco Drainage z- Metal Products were accepted by the City Staff on Novemb 21, as directed by the City Commission on November 20, 1956. These being the low bids. Culverts being installed in construction of Water Line to Sandhillsq in Lamb and Bailey Counties. Total consideration for this purchase being, 66804.00. Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Coj missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize appointment of the following three memilbers to the Southeast Lubbock Development Board fgr the termFDecember ll, 1956 to December 110 1959: E. C. Struggs, J. H. Brock, L. B. Pullen These appointments being made to replace George Woods, 0. B. Ratliff and Tom Sawyer whose terms expire December 112 1956. 56-16-69-160 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION APPROVING AND PROVIDING FOR TIE EXECUTION OF A CONTRACT FOR ADVANCE UNDER TITLE 1 OF THE HOUSING ACT OF 1949, AS AMENDED BY ALL AMENDATORY ACTS, AND NUMBED CONTRACT NO. R-4 (A) BY AN?_ BIETWEEN THE CITY OF LUBBOCK, TEXAS, AND THE UNITED STATES OF AMERICA. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. The pending proposed Offer for Planning Advance under Title 1 of the Housing Act of 1949, as amended by all amendatory acts, numbered Contract No. Texas R-4 (A), in the amount of FORTY-THREE THOUSAND AND N01100 ($43,000.00) DOLLARS and relating to plans and surveys of the nature contemplated by said Title 1, by and between the CITY OF LUBBOCK (herein called the "Local Public Agency") and the UNITED STATES OF AMERICA (herein called the "Government"), is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute the said Offer for Planning Advance in two counterparts on behalf of the Local Public Agency, and the City Secretary�-!Treasurer k is hereby authorized and directed to impress and attest the official seal of the Local Public Agencyl on each such counterpart to forward one counterpart to the Housing and Home Finance agency, together' with such other documents relative to the approval and execution of such counterparts and to this Resolution as may be required by the Government. SECTION The o ct Administrator for U b �'' 3. �r je Admin a r r ran Renewal for the ity of Lubbock is hereby authorized to file requisitions, together with necessary supporting document s$-with the Government, in accordance with the Contract for Advance, requesting payments to be made on account of the Advance provided for in the Contract for Advance, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. SECTION 4. This Resolution shall take effect immediately . AND IT IS SO ORDERED. Passed by the City Commission this the ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer 6th UNITED STATES OF AMERICA HOUSING AND HONa FINANCE AGENCY Urban Renewal Administration day of December JR. CONTRACT FOR PLAn'',=ING ADVANCE FOR SURVEYS AND PLANS FOR URBAN RENEWAL PROJECT under Title 1 of the Housing xct of 1949, as amended by all Admendatory Acts PART I Offer for Planning Advance Fort Worth, Texas November 19, 195 6 Project No. Texas R-4 Contract No. Texas R-k(A) Guadalupe Area TO: CITY OF LUBBOCK LUBBOCK, TEXAS ,1956. SEC. 1. Offer. The United States of American (herein called the "Government") hereby offers to make to the City of Lubbock, Texas (hereinafter called the "Local Public Agency", an advance of funds (hereinafter celled the "Advance") as authorized under Title I of the Housing Act of 1949 as amended by all Amendatry Acts (hereinafter collectively called "Title I"), subject to the Terms and Conditions (Part II) attached hereto and made a part hereof (the agreement which arises from the acceptance of this Offer including such Terms and Conditions being herein called the "Contract") to aid in financing thecost of certain surveys and plans (herein called the "project planning"). SEC. 2. Amount of Planning Advance. The Advance shall be in the amount of Forty -Three Thousand Dollars f43,000.00), or such lesser amount as, together with the other funds made available there- for, may be required to finance the cost of the project planning. SEC. 3. Surveys and Plans. The "project planning", presently estimated to cost Forty -Three Thousand Dollars 43,000.00, is for an urban renewal project (hereinafter called the "Project"), such pro- ject planning and Project being of the character contemplated by Title I, in the following Urban Renewal Area, to -wit: That certain aria in the City of Lubbock, County of Lubbock, State of Texas, also known and referred to as the Guadalupe Area and bounded generally as follows: Bounded on the north by Yellowhouse Canyon and alley north of lst Street; on the East by Yellowhouse Canyon and alley west of North Avenue H; on the South by alley south of 3rd Street and Panhandle f Santa Fe Railroad; and south line of 2nd Street; on the west by Avenue Q North Drive. SEC. 4. Interest Rate. Each Advance payment shall bear interest, from the date such payment is made, at the rate of three per centum 0%) per annum. SEC. 5. Limitation on Advance Payments and Project Banning Costs. The monetary limitation referred to in Section 102 b hereof beyond which the Government shall beunder no obligation to make any further Advance payments and the Local. Public Agency shall incur no further project planning costs, unless a "Statement of Continued Obligation under Contract for Planning Advance" has been ececuted as therein provided, is Twenty-eight Thousand Eight Hundred Fifty-three Dollars ($28,853.00). SEC. 6. Compensation for Audits, Inspections, etc. The amount of compensation to the Government by the Local Public Agency, in accordance with Section 404 hereof,.as a fixed fEe for audits and inspections of the Local Public Agencyts operations hereunder and for the provision of representa- tives at the Site of the Project during the planning thereof, shall be Three Hundred Seventy-four Dollars GY374..00); Provided, That if the project planning is not undertaken or undertaken but not completed, and if the Local Public Agency shall have paid the Government the aforesaid amount, the Local Public Agency shall be entitled to a refund of all or a pro, ortionate part of the fixed fee, dependent on whether, prior to such refund the Government has incurred any expenses mentioned in Section 404 hereof, such refund to be in such amount, as in view of the facts and circumstancesi, the Admin-strator ddems to be equitable. UNITED STATE OF AMERICA Housing and Home Finances Administrator BY: /sZ.W. H. Linds Regional Administrator, Region V ACCEPTANCE Accepted this 6th day of December 11956. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer CITY OF LUBBOCK BYZs1 S. S. FORREST_, JR.� MAYOR CONTRACT FOR PLANNING ADVANCE For SURVEYS AND PLANS FOR URBAN RENEWAL PROJECT under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954 PART II TERMS AND CONDITIONS --------------------------------------- Article I -- the Advance SEC. 101. Use of Certain Terms. Except where the context clearly indicates otherwise, the following terms, as used in this Contract, shall have the meaning ascribed to them in this Section: (a) The term "Coma ssioner". means the Urban Renewal Commissioner, Housing and Home Finance Agency, or other person who may be at the time acting in the capacity or authorized to perform the functions functions of such Commissioner, or the authroized representative thereof, or any other person other- wise authorized to perform the functions to be performed by such Commissioner hereunder. (b) The term "State" means any state, the DistrDict of Columbia, the Conmonwealth of Puerto Rico, and any Territory or possession of the United States. SEC. 102. Government Payments on Account of Advance. (a) The Government will rake payments on acount of the Advance, from time to time as such payments are needed for the purposes hereof, provided the local Public Agency, prior to each such payment, shall have: (1) Filed with the Commission its requisition therefor and its certification of purposes (each on forms prescribed by the Commissioner), which certification shall show, in reasonable detail, among other things, the purposes for which the payment requisitioned will be used and the purposes for which other funds, if any creditable to the Surveying and Planning Account as provided in this Contract, will be used in connection therewith. (2) Filed with the Commissioner a written statement demonstrating the need, at the time, for the expenditure of the funds referred to in the preceding subsection and that the purposes for which it proposes to expend such funds are within the purview of the Surveying and Planning Budget as provided in the Contract and other provisions of the Contract. (3) Filed with the Commissioner such opinions of local counsel with respect to the status of litigation and the legality of proposed actions, and such certifications with respect to other matters, pertaining to the project planning and the Project, as the Com.issioner may reasonably require in connection with such requisition and certification of purposes. (b) Notwithstanding, any other provisions hereof, when the Government has made to the Local Public Agency payments on account of the Advance which aggregate the amount set forth therefor in Section 5, F art I hereof, or when the costs and obligations incurred by the Local Public Agency for the project planning hereunder shall aggregate such amount, the Government shall be under no obligation to make any further payments on account of t3E Advance in excess of such aggregate amount and the Local Public Agency shall not incur further costs or obligations chargeable to the Surveying and Planning Account unless (in addition to other requirements hereof) the Local Public Agency shall have submitted such data as the Commissioner may have requested, showing the progres of the project planning to the extent necessary to enable the Commissioner to determine whether or not, and the Commissione- shall have determined that (1) the completion of the project planning is in the Public interest and in conformity with the purposes and objectives of Title I and other applicable law, and (2) the carrying out of the Project in accordance with the requirements of Title I and other ap?-licable law appears feasible. The transmittal to the Local Public Agency of the Com- missioner's signed "Statement of Continued Obligations under Contract for Planning Advance" setting forth such determinations shall be deemed to fulfill the foregoing provisions of this subseption (b) so as to continue the Government's obligation to make further payments on account of the Advance and to authorize the Local Public Agency to incur further costs and obligations chargeable to the Surveying and Planning Account in accordance with other provisions of the Contract. SEC. 103. Conditions Relative to Advance Paynents by Government. Notwdthstanding any other pro- visions of this Contract, the Government may elect not to make F­paymenton account of the Advance. - (a) If there shall not have been provided and credited to the Surveying and Planning and Account, such funds as, together with the amount of the Advance set forth in 4kU Section 2, Part I hereof,will aggregate the the estimated cost of the project planing; (b) If the local Public Agency shall have made any misrepresentation of a material nature in its application for the Advance, or any supplement to or amendment of said application, or in this Contract, or in or with respect to any document furnished in connection therewith or pursuant hereto by it to the Government relative to the project planning or the Project: (c) If there is then pending litigation with respect to the Advance or the performance by the Local Public Agency of any of its duties or obligations hereunder which may jeopardize or adversely affect the project planning, the Contract, or ft Advance; (d) If the status of the workable program referred 1b in Section 101 (c) of Title I, the status of the general plan for the development of thelocality as a whole in which the Urban Renewal Area is situated, or the status of the relocation plan for the Urban Renewal Area is not then adequate for the timely completion of the project planning or the undertaking of the Project; (e) If the project planning has been or is to be undertaken and accomplished otherwise than in accordance with applicable law and this Contract; (f) If, having furnished to the Commissioner any data concerning proposed actions when request- ed pursuant to Section 406 hereof, the Local Public Agency shall have proceeded further with respect thereto without having been advised by the Commissioner that the Government has no objection to its so proceeding (it being the purpose of this provision, and of said Section 406, to insure that the local Public Agency shall not take any step which might, in the opinion of t2e Rommissioner, violde applicable Federal laws or this contract, and to eliminate thereby the possibility that the Local Public Agency will be responsible for a violation which womild render it impossible for the Government to make the Advance or which might otherwise result in a delay in the undertaking or timely com- pletion of the .roject planning), (g) 1f the Local Public Agency, in undertaking and carrying out the project planning shall incur costs'or obligations not in conformity with the Surveys and Planning Budget or not chargeEble to the Surveying and Plannng Account ; or, (h) If the Local Public Agency shall be in default under this Contract. SEC. 104. Suspension or Termination of Government's Obligations. If the Local Public Agency unduly' delays the commencement or carrying out of the project planning, fails to comply with any of the pro- visions hereof, or abandons or before completion, finally discontinues the project planning; or if by reason of any of tYe events set forth in subsections (a) to (h), inclusive, of Section 103 hereof, or for any other reason, the commencement, prosecution or.timely completion by the Local Pub;ic Agency of the project planning or its undertaking of the Project is rendered improbable, un- feasible., impossible or illegal, the Government, acting by or through the Commissioner, may, by written notice to the Local Public agency, suspend any or all of the Government's obligations under this Contract until such time as the conditions or situation resulting in such suspension has ceased or been corrected or may terminate any or all of the Government's obligations under this Contract. Article II -- Surveying and Planning Account SEC. 201. Establishment and Maintenance of Surveying and Planning Account. The Local Public Agency will establish and maintain a separate account which shall be� designated "Surveying and Planning Account, Advance Contract No. 11 with the Advance Contract Number assigned by the Commissioner to this Contract being set forth in such designation, such account being herein referred to as the "Surveying and Planning Account.' SEC. 202. Moneys creditable to Surveying and Planning Account. The 1,ocal Public Agency will promptly credit to the Survey and Planning Account all moneys which are provided to it by any source for financing the cost of the project planning including: (a) All payments by the Government to the Local Public Agency on account of the Advance; and, (b) All funds provided, as contributions, donations or grants, to the Local Public Agency for the project planning. SEC. 203. Establishing and Revision of Surveying and Planning Budget. �I (a) the ]Latest proposed budget, whether original orrevised, which is submitted by the Local Public Agency, shall, to the extent approved by the Government, constitute the budget for the pro- ject planning and shall be designated "Surveying and glanning Budget, Advance Contract NO. 11 with the Advance Contract number assigned by the Co nission to this Contract being set forth in such designation, such budget being herein referred to as the "Surveying and Planning BudEet.11 (b) In the event it appears that, in order to carry out or complete the pro- ject planning in accordance with, it will be necessary the local Public Agency to incur costs therefor which are not in conformity with the Surveying and Planning Budget, or if, for any other reason, the Local Public Agency deems it advisable, th Local Public Agency will prepare (on forms prescribed by the Comissioner) a propose revised budget. Sudiproposed revised budget, as approved by the Government,shall supersede any previously approved budged and shall',constituB the Surveying and Plane ing Budget hereunder. SEC. 204. Reports on Status of Budget and Surveying and Planning Account. At such times during tte carrying out of the project planning as the Commissioner shall specify, but not more often than once a month, the Local Public Agency will prepare (on forms prescribed by the Commissioner), and submit to the Commissioner, a report of the costs and obligations incurred or to be incurred by it in carrying out and completing the project planning. SEC.205.- Charges against Surveying and Planning Account. (a) The Local Public Agency may charge or permit to be charged subject to other provisions of the Contract, to the Surveying and Planning Account: (1) Only such project planning costs as shall have been specified in a certification of purposes, or amendment thereof, and supporting documents relating thereto, filed by the Local Public Agency and accepted by the Commission; and (2) Only such project planning costs as are in conformity TAth the Surveying and Planning Budget. (b) The Local Public Agency will not charge or permit to be charged against the Surveying and Planning Account: (1) Any items or amounts except for the payment of project planning costs, and otherwise to carry out the provisions of this Contract: Provided however , That the Laul Public Agency may charge against the Surveying and Planning Account such amounts as the Commissioner may from time to time appire in writing, and credi the same to another fund established for the convenient and efficient payment or items chargeable in part to the project planning and in part to any other activity or enterprise of the Local Public Agency, but any funds so transferred shall be applied only to the payment of the appropriate portion of such items as may be properly attributable to the project planning: Provided, further_, That project planning costs as used herein, shall not include costs of the ppeparation or revision of a general plan for thedevelopment of the locality as a whole in which the Urban Renewal Area is situated, or costs of the eparation oftthe workable program referred to in Section 101 (c) cETitle I; (2) Costs of a regular or continuing nature: Provided, however, that salarie and wages of officers and employees of the Local Public Agency who devote offidal #&gu ectly to the project planning under specific assignment ancYrespecting whom es of the time devoted to ad the work performed in the project planning are maintained by the Local Public Agency may be considered as costs chargeable to tie Surveying and Planning Account to thq(extent aE the time thus devoted and recorded provided they are otherwse in accord with the provisions of this Contract. (3) Costs incurred in or arising from actions concerning which tte local Public -Agency has been requested, in accordance with Section 406 hereof, to furnish data to the Commissioner relating to such proposed actions, if the local Public Agency shall have taken such action wihtout having been advised by the Commissioner that the Government has no objection to its so doing; or (4) Costs incurred by the Local Public Agency after n8tice o*B suspension or termination, in accordance with Section 104 thereof, of any/all of tte Government! obligations under this Contract, without the written consent of de Commissioner to the incurring of such costs. SEC. 206. Checks, Orders and Vouchers Any check or order drawn by the Local Publio Agency with respect to any item which is or will be chargeable against the surveying and Planning Account will be drawn only in accordance with the properly signed voucher then on file in the office of tine Local Public Agency stating in proper detail the purpase for which such check or order is drawn. Article III -- Repayment, lisposition or transfer of Funds by Local Public Agency SEC. 301. Repayments of Advance. The Local Public Agency will repay, with interest as specified in Patl, each Advance payment which is made to it under this Contract, out of any moneys which become available to it, from whatever source de- rived, for the(undertaking of the Project, involved herein. SEC. 302. Disposition of Certain Moneys on Termination of Government's Obligation. Upon termination, pursuant to Section 104 hereof, of the Governmert't obligation under this Contract, the Local Public Agency gill credit to the Surveying and Planning Account the proceeds from the sale, at fair market value, of the materials equipment, supplies ancYproperty on hand which were acquired with Surveying and Planning Account funds hereunder or, in the alternative, a sum equal to such fair market value: Provided, That the foregoing requirement of this Section shall apply only to the extent that the Advance payments made to the Local Public Agency under this Contract shall not have been previously repaid with interest thereon as speci- fied in Part I hereof. SEC. 303 . Rgmittance of UneMnded Balance in Surveying and Plannin_& Account. Upon completion o'L t3e project planning or upon termination, pursuant to Section 104 here- of, of die Government's obligations under this Contract, the Local Public Agency will remit to the Government the amount of the unexpended balance, if any,of funds credit- ed to the Surveying and Planning Account after the payment or provision for payment by the Local Public Agency of such costs as are, in accordance herewith, chargeable, to the Surveying and Planning Account, and the Government will credit the amount so returned against the outstanding principal amour of treAdvance: grovided, That the foregoing requirements of the Section shall apply only to the extent that the Advance payments made to the Local Public Agency under this Contract shall not have been previouslyYepaid with interest thereon as specified in Part I hereof. SEC. 304. Transfer of Unexpended Balance in Surveying andPlanning Account Upon Re- payment of Advance. Upon completion of ft project planning and after the execution of a contractAdith the Government under Title I for financial aid forkhe undertaking +: of the Project, if the Advance payments theretofore made to the Local Public Agency I� hereinder shall have been repaid with interest thereon as specified in Part I hereof out of moneys made available to it for the undertaking of the Project, the Local Public Agency will transfer to the Project Expenditures Account established in accordance with such contract and make available for Project purposes the unexpended balance, if any, of funds credited to the Surveying and Planning Account hereunder, after payment or provision for payment of such costias are, in accordance herewith, chargeable to the Surveying and Planning Account. SEC. 305. Acceptance of Funds by the Governement. The action of the Government in accepting or in crediting The amount or amounts returned by the Local Public Agency in accordance with Section 303 shall not constitute a waiver of any claim which the Government may otherwise have arising out of this Contract. Article IV -- Matters Relating to Administration SEC. 401. Maintenance of Records. The Local Public Agency will keep such records as are prescribed by the Commissioner, with respect to the matters covered by this Contract, including records, which permit a speedy and e&ctive audit and will fully disclose the amount and disposition by the Local Public Agency of the proceeds of the Advance made to it, the amount of any private or other non -Federal funds used or grants-in-aid made for or in connection with the project planning or the Project, and the amount and disposition of all other funds which are creditable to the Sur- veying and Planning Account. Such records shall also include full and accurate books and records documenting all receipts, deposits, and expenditures, charges and credits by it with respect to the project planning, the Surveying and Planning Account, and funds becoming available to it for its actual undertaking of the Project, Checks and orders drawn against the Surveying and Planning Account shall, when paid, together with the vouchers pertaining thereto, be kept separate and apart from all other checks orders, and vouchers. SEC. 402. Government Audits and Inspections. The Local Public Agency will, during normal business houes, permit the Commissioner to have full and free access to and to examine all books and records of the Local Public Agency with respect to the matters covered by this Contract and will permit the Commissioner to make audits of such matters and of its payrolls, records of personnel, conditions of employment, invoices, books of accounts and other data relative to such matters. SEC. 403. Reports and Information. The Local Public Agency will furnish the Com- missioner wiEh such periodic reports, statements and other documentary data and infor' mation as he may reasonably request relative to the matters referred to in the two preceeding Sections ad to the progress and status of the project planning, and as to its compliance with the provisions of this Contract. I' SEC. 404. Expenses for Government Audits, Inspections and Representatives. The Local Public Agency will compensate the Government for expenses by the Government of inspections and audits of the Local Public Agency operations hereunder, and of providing representatives at the site of the Project during project planning, by paying the Government a fixed fee therefor in the amount set forth in Section 6, Part I here of. Notwithganding any other provision of this Contract, the amount of such compen- sation shall be chargeable against the Surveying and Planning Account and shall be paid by the Local Public Agency from funds provided foxthe project planning promptly as such funds are provided. SEC. 405. Insurance and Bonds. The Local Public Agency will procure and maintain or cause the procurement and maintenance of insurance and fidelity and surety bonds as may be appropriate and necessary in correction with project planning by or on behalf of the Local Public Agency hereunder, and for the protection of all funds and property becoming available to or acquired by it or on its behalf for the undertaking and carr ing out the project planning. Such insurance and bonds shall be of such types and in such amounts as shall be proper and adequate to protect the interests of de Local Public Agency under and by virtue of this Contract, and shall be procured from financially sound insurance, fidelity or surety companies at the lowest practicable cost. SEC. 406. Data concerning Proposed Actions. The Local Public Agency will promptly furnish two copies and sueh additional copies as the Commissioner may reasonably re- quest of the following described documents and data pertaining to actions then pro- posed to be taken by the Local Public Agency with respect to the project planning under this Contract: (a) proposed contract documents of all types; (b) tabulations of bids or proposals received on such proposed contracts; (c) proposed awards of suc' contracts; (d) copies ofproposed purchase orders; (e) proposed contract amendments, change orders, novations, or assignments; (f) proposed determinations respecting liquidated damages and extensions of time under contracts; and (g) other data relati to any expenditures propmed to be made (including, without limiting the generality of the foregoing, fees and salaries proposed to be established) by the Local Public Agen with respect to the project planning. SEC. 407. Data Concerning Accomplished Actions. The Local Public Agency will promptly furnish two -copies and such additional copies (conformed or executed) as tle Commissio• ner may reasonably request of the following documents pertinent to the project plann- ing under this Contract: (a) contracts and purchase orders; (b) contract amendments andchange orders, contract novations and assignments, and contract time extensions; (c) ordinances, resolutions, or other proceedings; (d) payrolls and othr data re- lating to the provisions of this Contract pertaining to employment; (e) fidelity bonds, surety bonds, insurance policies or certificates covering or other proofs of insurance or of such bonds or poliies; and (f) other relevant documentary data. SEC. 408. Oth3r Data RElative to the Project. The Local Public Agency will furnish two copies and such gdditional copes as the Commissioner may reasonably request of the following documents pertinent to the undertaking of the Project: (a) Project plans, in- cluding the urban renewal plan for the Project, appraisal reports, title documents, and other documents relating to the acquisitions of land, plans for carrying out a program of wluntary repair and rehabilitation of buiRing and improvements, and plans for the enforcement of State and Local laws, codes, and regdations relating to the use of land and the use and occupancy of buildings and improvements, and to the com pulsory repair, rehabilitation, demolition, or removal of buildings and improvements; (b) the- general plan for development of the locality as a whole, (c) documentary data withnespect to the workable program referred to in Section 101-(c) of Title I (d) proceedings of the Local Public Agency and of the governing body of the locality in which the Urban Renewal Area is located pertaining to the Project; (e) proceedings evidencing the ho]ding of a public hearing respecting de undertaking of the Project; (f) studies and reports pertainkg to the Urban Renewal Area and tbeProject; (g) land acquisition, land disposition, property manage -went ad relocation documents and plans; (h) financial documents and plans with respect to the project, including evidence of the availability of local grant-in-aid; and (i) otkr relevant documentary data. Article V - - Miscellaneous Provisions SEC. 501. Accomplishment of Work. To the extent that funds are available therefor, the Local Public Agency will -.commence, carry on and complete the project planning wi all practiable dispatch, in a sound, economical and efficient manner, in accordance with &1 applicable laws and the provisions of this Contract. SEC. 502. Competitive Bidding. The Local Public Agency will give full opportunity for free, open and competitive bidding for each contract to be let by it calling for the furnishing of any mterials, supplies or equipment for use in its undertaking of th4roject planning; will give such publicity to its advertisements ox calls for bids for each such contract as will provide adequate competition;and the award of each suc contract, when made, will be made by it assoon as practicable to the lowest responsibly bidder: Provided, That in the selection of such materials, equipment or supplies, th" Local Public Agency may, in the interest of standardization or ultimate economy, if the advantage of such standardization of such ultimate economy is clearly evident and and appropriate provision for such action is included by it in the proposed contract documents upon which bids are invited, award a contract to a responsible bidder other; than the lowest in price: Provided, further, That if the estimated amount of the pro- posed contract, as estimated by the Local Public Agency, is $2,500 or less, such con tract may, except where contrary to the requirements of State or local law, be let on the basis of informal bidding: Provided further, That purchases of such materials, equipment'. or supplies in amounts of $1,000 or less may, except where contrary to the requirements of State or local law, be made from time to time by the Local Public Agency without ob- servance of the other provisions of this Section. SEC. 503. Certain Requirements Concerning Land. The Local Public Agency will, in accomp- lishi.ngthe project, planning, include, among other things,provisions to assure that in undertaking and carrying out the Project it will: (a) Take all reasonable measures to remove or abrogate or to cause to be removed 11 or abrogated, any and all legally enforceable provisions in any and all agreements, leases, conveyances or otter instruments restricting, upon the basis or race, religion, color or national origin, the dale, lease or occupancy of any land in the Urban Renewal Area which such Local Public Agency,acquires as a part of the Project; and (b) , Not itself effect or execute, and will/adopt effective measures to assure that there is not effected or executed by the p-mchasers or lessees from it (or the successors) in interest of such purchasers or lessees any agreement, lease, conveyance or other instrument whereby land in the Urban Renewal Area which is disposed Of by such Local Public Agency as a part of to Project, is restricted, either by such Local Public Agency or by such purchasers, lessees or successors in interest, upon the basis of race, religion color or national origin, in the sale, lease or occupany thereof. SEC. 504. Non -Discrimination Against Employees or Applicants for Emlloyment. In the undertaking and carrying out of the project planning, the Local Public Agency will not discriminate against any employee or applicant for employment because of race, religion. color or national origin. This provision shall include, but not be limited to,the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensainn;. and selection for training, including apprenticeship. The Local Public Agency will insert the foregoing provision (modified only to show the particular contractual relationship) in all of its contracts for the project planning and will require all such contractors to insert a similar provision in all subcontracts for the project planning. SEC. 505. Certain Provisions in Contracts with Third Parties. The Local Public AGency will incorporate in each contract entered into by it with anyparty with respect to the project planning, such provisions and conditions, not inconsistent with applicable law, as may be necessary to enable it to perform and carry out such workand to observe, re- quire appropriate observance of, perform and carry out the appli:able provisions of this Contract. SEC. 506. Meeting Requirements of State or Local Law. In the event that any election, referendum, permit, approval, notice or other proceeding or authorization is requisite under applicable law in order for the Local Public Agency to accept the offer or to undertake the project planning thereunder, or to observe, assume or carry out any of the provisions of this Contract to be observed, assumed or carried out by it, the Local Public Agency will initiate and consummate, as provided by law, all actions necessary to be I� initiated and consummated by it with respect to any such matteiso requisite. SEC. 507. Interest of Certain Federal Officials. No member of or Delegate to the Congress of to United STates, and no Resident Commissioner, stall be admitted to any share or part of this Contract or to any benefit to arise from the same. j SEC. 508. Interest of Local Public Agency Personnel and Other Public Officials. (a) The Local Public Agency w9_1 adopt and enforce measures appropriate to assure that no member of its governing body and no other officeror employee of the Local Public Agency who exercises any functions or responsibilities in connection with the undertaking', or carrying out of the project planning or the project shil prior to the completion of the Project, volunarily acquire any personal interest, direct or indirect, in any property included in the Urban Renewal Area, or in any contract or porposed contract in connection with the project planning or the undertaking of the Project. If any such member, officer or employee presently owns or controls, or in the future involuntarily acquires, any such personal interest, he shall immediately disclose, such interest to the Local Public Agency,. Upon such disclosure suctihember officer, or employee shall not participate in any action by the Local Public Agency affecting_the carrying out of the project planning or the under/taking of the Project unless the cal Public AGency shall detennine tle in the light of such personal interest, the par§icipation of such member in any such action would not be contrary to the public interest. The 1;ocal Public Agency will promptly advise the Government of the facts and circumstances concerning any disclosre of interest made to it pursuant to this paragraph. (b) No member of the governing body and no other public official of the locality in which the Urban Renewal Area is situated who exercises any functions or respasibilities in the review or approval of the undertaking or carrying out of the pnject planning or the Project involved therein shall, prior to the completion of the Project, voluntarily acquire any personal inteasst, direct or indirect, in any property included in the Urban Renewal Arrea, or in any contract or proposed contract in connection with the project planning or the undertaking of the Project. (c) Any violation of the provisions of this section shall constitute grounds for the termination of the Government's obligations under this contract. Sec. 509. Individual Liability of Local Public ALency Personnel. No member of the Local Public Agency's governing body, and no officer of the Local Public Agency, shall be individually or personally liable on any obligation assumed by the Local Public Agency hereunder. SEC 510 Bonus or Commission. The Local Public Agency will not pay any bonus or commission for the purpose of obtaining approval of the application for the Federal financial assistance provided for herein, or any other approval which may be necessary under this Contract. SEC. 511. Claims Against Government by Other Persons. Neither this contract nor any acts in pursuance hereof shall constitute any obligation by ihe Government to enter into any contract with the Local Public Agency o� any other entity for other or additional Federal financial assistance in connec- tion with the project planning or the Project. SEC. 512. PROVISIONS Concerning Certain Waivers. Subject to applicable Federal law, any right or remedy which the Government may have under this Contract may be waived in writing by the Governmertby a formal waiver and either with or without the execution of any amendatory or supplementary agreement, if, in the judgment of the Commissioner, this Contract, as so modified, will still conform to the terms and requirements of pertinent laws. SEC. 513. When Rights and Remedies Not Waived. In no event shall the making by the Government of any Advance payment to the Local Public Agency constitute or be construed as a waiver by the Government of any breach of covenant or any default which may then exist on the part of the Local Public Agency, and the making of any such payment by the Government while any such breach, -or default shall exist shall in no wise impapre or prejudice any right or remedy available to the Government in respect of such breach or default. SEC. 514. How Contract Affected by Provisions Being Held Invalid. If any pro- vision of this Contract is held invalid, the remainder of tlis Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of Title I and other applicable laws. SEC.. 515. Naming Project. The Project shall not be named for any person then living. SEC. 516. State Law. Notwithstanding any other provision hereof, nothing herein shall require the Local Public Agency to observe or enforce compliance with any provisions hereof, perform any other act or do any other thing, in contravention of any applicable State Law: Provided, That if any of the provisions hereof violates, or if compliance therewith would require the Local Public Agency to violate, any State law, or if because of any other reason, the Local Public Agency cannot comply with any of such provisions, the Local Public Agency shall at once so notify the Commissionerin writing in order that such changes and modifications as may be appropriate may be made. SEC. 517. Completeness ofton tract. This Contract contains all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Contract, shall be deemed to exist or to bind any of the parties hereto. 6-16-76-161 Motion by Commissioxr Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissiorets Byrd, Casey and Maxey voting Yea, none voting Nay Ordinance No. 2089 was passed on first reading. ORDINANCE NO. 2089 AN ORDINANCE AMENDING CHAPTER TWO OF THE LUBBOCK CQTY CODE BY ADDING THERETO A NEW ARTICLE TO BE DESIGNATED"ARTICLE VIII. URBAN RENEWAL BOARD"; CREATING AN URBAN RENEWAL BOARD; PROVIDING FOR APPOINTMENT AND TERMS OF MEMBERS FOR SAID BOARD; PROVIDING FOR A CHAPMAN, VICE-CHAIRMAN, AND SECRETARY FOR SAID URBAN RENEWAL BOARD; PRESCRIBING A QUORUM; PROVIDING THAT THE URBAN RENEWAL BOARD SHALL ADOPT RULES AND REGULATIONS GOVERNING ITS ACTIVITIES; PRO- MING FOR REMOVAL OF BOARD MEMBERS AND PRESCRIBING A METHOD OF FILLING VACANCIES PRESCRIBING THE DUTIES OF THE URBAN RENEWAL BOARD; PROVIDING THAT THE C1Y COMMISSION, OR ANY OTHER COMMISSION, BOARD, OR DEPARTMENT OF THE CITY CAN VALIDLY ACT ON URBAN RENEWAL MATERS INDEPENDENTLY OF THE URBAN RENEWAL BOARD. 56-16-77-162 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, Ordi- nance No. 2090 was passed on first reading. ORDINANCE NO. 2090 AN ORDINANCE AMENDING CHAPTER 29 OF THE LUBBOCK CITY CODE AS FOLLOWS: A. AMENDING SECTION 29-2 OF THE LUBBOCK CITY CODE TO INCLUDE.A DEFINITION OF "INDUS- TRIAL STREET"; B. AMENDING SECTION 29-3A (2) OF THE LUBBOCK CITY CODE AS TO REQUIRE SUBMISSION OF EIGHT COPIES OF PRELIMINARY PLATS; C. AMENMG SECTION 29-4A (10) OF THE LUBBOCK CITY CODE BY REVISING THE TABLE OF RIGHT-OF-WAY WIDTHS REQUIRED FOR STREETS; D. AMENDING THE FIRST CLAUSE OF SECTION 29-5A OF THE LUBBOCK CITY CODE SO AS TO REQUIRE EIGHT COPIES OF A PRELIMINARY PLAT AND REVISING THE SCALE DRAWING REQUIREMENTS FOR SUCH PLATS E. AMENDING SECTION 29 -5A OF THE LUBBOCK CITY CODE BY ADDING THERETO A NEW SUBDIVISION TO BE DESIGNATED P29-5A (i)" SO AS TO REQUIRE THE PROPERTY OWNER'S NAMES, ADDRESS, AND TELEPHONE NUMBER BE SHOWN ON THE PRELIMINARY PLAT; F. AMENDING SECTION 29-6A1 OF THE LUBBOCK CITY CODE BY ADDING THERETO A NEW SUBDIVISION TO BE DESIGNATED 29-6A1 (1) SO AS TO REQUIRE THE FINAL PLAT TO SHOW THE LOCATION OF POINT OF INTERSECTION AND POINTS OF TANGENCY OF STREET INTERSECTIONS OTHER THAN RIGHT ANGLE INTERSECTIONS. 56-16-77-163 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordi- nance No. 2091 was passegYon first reading. ORDINANCE NO. 2091 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 3, LUBBOCK CITY CODE BY AMENDING SECTION 4-45 SO THAT SAID SECTION SHALL APPLY TO DOGS VACCINATED AGAINST RABIES; II AND ADDING SECTION 4.45.1 PROVIDING FOR THE REDEMPTION OF DOGS WHICH ARE BOTH UN- LICENSED AND UNVACCINATED AGAINST RABIES, PROVIDING FOR THE COLLECTION OF IMPOUNDING FEES, LICENSE FEES, AND BOARDING FEES AND MAKING ADDITIONAL PROVISIONS TO INSURE THEII VACCINATION OF UNLICENSED DOGS. 56-16-77-164 NOTICE OFI ZONING HEARING NOTICE is hereby given to owners ofthe property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 6th day of December, 1956 at 10 o'clock A.M. in the City Com- mission Room on the First Floor of the City Hall in Lubbock, Texas to consi&r the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 607 - Request of Myron D. Mattison to change Lots 1, 2, 3,4, and 5, Fillmore Addition to the City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3" zoning district. (Vicinity of Louisville Avenue and 21st) The Planning &'Zoning Commission recommended to the City Commission that the above request be granted, subject to the following conditions: (1) That 21st Street be dedicated to a right-of-way width of 60 feet. (2) That a solid 7 foot masonry screening fence be constructed along the rear of the property considered by this case/ ZONE CASE NO. 609 - Requestcf Clyde A. Mote to change all of Blocks 15,16,17, 18, and that part of Block 14 lying east of the railroad tracks running throigh said block, all being in the Phyllis Wheatley Addition to the City of Lubbock Lubbock County, Texas, from an R-2 to an "M-2" zoning district. (Vicinity of E. 36th Street aid Elder Avenue) ZONE CASE NO. 610 - Property annexed to the City of Lubbock by Ordinance No. 1948 on September 13, 1956: BEGINNING at the southwest corner of Section 3, Block E. Lubbock County, Texas which corner is on the present City Limit Line; THENCE north along the West line of Section 3, being also along the present City Limit Line as described in Ordinance No. 1818 and Ordinance No. 17041a distance of 2315 feet, more or less to a point; THENCE East along the present City Limit Line as described in Ordinance No. 1651, a distance of 1980 feet to a point; THENCE South along the present City Limit Line as described in Ordinance No. 1866, a distance of 335 feet to a point; THENCE east along the present City LimitmLine being the centerline of 60th St. as described in Ordinance No. 1866, a distance of 660 feet to a point; THENCE south along the present City Limit Line as described in Ordinance No. 1651, a distance of 1980 feet, more or less, to a point, being the southwest corner of the southeast one-fourth of Section 3, Block E; THENCE west along the south section line of Section 3, a distance of 2640 feet more or less, to the PLACE OF BEGINNING. Containing 135.2 acres. The Plandng and Zoning Commission recommended to the City Commission that the property considered by this case be placed in an "R-l" zoning district. ZONE CASE NO. 611 - The Planning and Zoning Commission of the City of Lubbock authorized a zoning hearing on the following described property;: A. Beginning at a point, said point being the intersection of the centerlines +� of 60th Street and Avenue a south drive in the City of Lubbock, Lubbock County,` Texas; THENCE south 500 01' east to a point, said point being in the City Limit Line of the City of Lubbock as established by Ordinance 946; THENCE in a northeasterly direction along said City Limit Line to a port, said point being the intersection of said City Limit Line and the east line of Section 2, Block E, Lubbock County, Texas; THENCE north to a point, said point being the intersection of the east line of said Section 2 aid the centerline of Avenue A South Drive; THENCE in a southwesterly direction along the centerline of said Avenue A SouW Drive to the point of beginning. B. That portion of Tracts 13B,13C,13D,13E, and 13F Block 15, Willona Village Addition to the City of Lubbock, Lubbock County, Texas, lying west of the City Limit Line of the City of Lubbock, Texas as established by Ordinance #946. C. That portion of Tract 12 and Tract 13A, Block 15, Willona Village Addition to the City of Lubbock, Lubbock County, texas, that is presently in an "R-l" zoning district and lying west of the City Limit Line of tie City of Lubbock, Texas, as established by Ordinance #946. The Planning and Zoning Commission recommended to the City Commission that the zoning districts of the property considered by this case be changed as follows: 1. That the following described property be changed from an "R-1" to a 11C-41' zoning district: a. That portion of Tracts 13A,13B,13C,13D,13E,13F and 12, Block 15, Willona Village Addition to the City of Lubbock, Lubbock County, Texas, that is presently in an "R-1" zoning district and lying west of the City Limit Line of theCity of Lubbock, Texas, as established by Ordinance 946. b. That portion of Tractl, Soash-White Industrial Addition tothe City of Lubbock, Lubbock County, Texas, lying west of the City Limit Line of the City cfLubbock, Texas, as established by Ordinance No. 946. c. Beginning at a point, said point being the intersection of the centerline of Avenue A south drive and the east line of Section 2, Block E, Lubbock County, Texas; THENCE south to a point, said point being in the City Limit Line of the City of Lubbock, as established by Ordinance No. 946. THENCE in a southwesterly direction along said City Limit Line, to a point, said point being in the north property line of Hobbs Trailer Addition to the City of Lubbock, Lubbock County, Texas; THENCE west to a point, said point being in the centerline of Avenue A South Drive; THENCE in a northeasterly direction along said centerline to the point of beginning. 2. That the portion of Hobbs Trailer Addition to the City of Lubbock, bbLubbock Count Tex��a,,��s11 lying west of the�� City Limit Line as established f om 'c LBT1 too 'a AR axe obi ' d st ictM-1 zoning district be changed /s/ LAVENIA LOWE City Secretary -Treasurer In accordance with the Abwe Notice of Zoning Hearing, said hearing was held at 10 o'clock A.M. No person appeared to protest the change of zone under zone'' cases 607,609, 610 and 611. Mr. Orville Alderson, Director of Planning and Traffic appeared in support of the four zone cases, stating to the City Com- mission that each of the zone changes are recommended by the Planning and Zoning Commission and will be in accordance with the over all plan for zoning in the City of Lubbock. M.D. Mattison appeared in support of zone Case 607. E.W. Napier appeared in support of zone case 609. 56-16-79-165 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting A ,gqyone voting Nay, Ordinance No. 2092 was passed on first reading to change t e/zone case 607, as set out in said Ordinance. ORDINANCE NO. 2092. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE; 2019 CASE NO. 607 - CHANGE LOTS 110 2, 33, 42 And 5, FILLMORE ADDITION TO THE CITY OF LUBBOCK, LUB- BOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT (VICINITY OF LOUISVILLE AVENUE AND 21st STREET), SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT 21st STREET BE DEDICATED TO A RIGHT OF WAY WIDTH OF. 60 FEET IN FRONT OF THE PROPERTY, SAID PROPERTY BEING DESCHBED AS FOLLOWS: LOTS 1, 2, 3, 4, and 5, FIBMORE ADDITION (2) THAT A SOLID 7 FOOT MASONRY SCREENING FENCE BE CONSTRUCT ALONG THE REAR OF THE PROPERTY, SAID PROPERTY BEING DESCRIBED AS FOLLOWS: LOTS 1,2,3,4, and 5, FILLMORE ADDITION TO THE CITY OF LUBBOCK, TEXAS. 56-16-79-166 Mcti.on by Commissioner Casey, seconded by Commissioner -Byrd, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Nay, Ordinance No. 2093 was passed on first reading. ORDINANCE NO. 2093 motion carried, Yea, none voting 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. 609 - CHANGE ALL OF BLOCKS 153, 16, 17, 18 and THAT ,PART CF BLOCK 14 LYING EAST OF THE RAILWAY TRACKS RUNNING THROUGH SAID BLOCK, ALL BEING IN THE PHY;.LIS WHEATLEY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN 1'M-211 ZONING DISTRICT. (VICINITY OE E. 36th STREET AND ELDER AVENUE) . 56-16-79-167 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2094 was passed on first reading to place in "R-l" zoning district zone case 610, of 135.2 acres in South Lubbock. ORDINANCE NO. 2094 AN ORDINANCE SUPPLEMENTING AND AMENDING ZONING ORDINANCE NO. 1695 AS AMENDED AND EXTENDING, SUPPLEMENTING AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK, SO THAT THE HEREINAFTER DESCRIBED AREA, WHICH WAS NOT ODNTAINED OR INCLUDED IN THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK UPON THE EFFECTIVE DATE OF SAID ORDINANCE, NO. 1f695 AS ORIGINALLY ENACTED, SHAIJAE SUBJECT TO ALL OF THE PERTINENT PROVISIONS CONTAINED IN SAID ZONING ORDINANCE NO. 16952 AS AMENDED, AM SHALL BE INCLUDED IUD CONTAINED IN THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK IN THE ZONING DISTRICT HEREINAFTER SET FORTH AS FOLLOWS: ZONE CASE NO. 610 - TO PLACE ALL THAT AREA PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, WHICH WAS ANNEXED TO THE CITY ON 'aEPTEMBER 13, 1956 BY ORDININ CE 1948, IN AN "R-1" ZONING DISTRICT. 56-16-79-168 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2095 was passed on first reading. ORDINANCE NO. 2095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 611- A. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION lA OF THIS ORDINANCE FROM AN "R-1" TO A "C-4" ZONING DISTRICT: B. CHANGE CERTAIN PROPERTY DESCRIBED IN SECTION 1 B-OF THIS ORDINANCE FROM AN "M-l" TO A "C-4" ZONING DISTRICT. '56-16-79-169 NOTICE OF ZONIN HEARING NOTICE is hereby given to owners of the property hereiniter described or referrJ ed to and to all other interested persons as provided by law, that the City Com- missioner will hold a public hearing on the 6th day of December, 1956 at 10:00 o'clock A.M. in the City Commission Room on the First Floor of the City Hall in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zoning district of the property herein described be not changed; and at which time and place all interest persons will be given an opportunity to be heard, after which hearing the City Commission will determine whether or not the Zoning Ordinance andmp shall be amended. ZONE CASE NO. 606 - Request of Dr. R. Z. Abell to change the east eighty-five (85) feet of Lots 22,23, and 24, Block 1, O'Neal Terrace Addition to the City of Lubbock, Lubbock County, Texas, from an- "R-1" to an "R-3" zoning district. (Vicinity of Avenue Q and 29th Street). /s/ LAVENIA LOWE City Secreta -Treasurer In accordance with the above Notice of Zoning Hearing, said hearing was held at 10 o'clock A.M. The following persons appeared in protest to the change of zone. NAME Against A. P. Couch Sr. Mrs. A. P. Couch A. -J . Malouf Mr. � Mrs. J. B. Marion Mrs. M. R. Quarles Mrs. J. H. Hackfield Mrs. Nick Alley Mrs. C. H. Boober Bert LuRoe NAME For Dr. R. Z. Abell, Jr. Lee O'Neil ADDRESS 1715 29h Street, 1715 29th Street 1701. 30th Street 1704 29th Street 17n9 29th Street 1705 29th Street 1719 29th Street 1718 29th Street 1714 29th Street ADDRESS 1714 31st Street Dr. R. Z. Abell, Jr., and Mr. Lee O'Neil and Hugh Anderson, Attorney appered before the City Commission in support of the zone change request. Action by the City Commission as to the zone change was deferred, since the zone change was not recommended by Th& Planning and Zoning Commission making it mandatory that a four -fifth vote, be regdred to change the zone and Commissioner Baker being absent from the meeting on this date. 6-16-80-170 The City -Commission considered trading the land from the Fort Worth and Denver RAilway Company, being, blocks 72 and 7.1 of Wheelocks Second Addition looted between Ivory and Globe Avenue from 28th Street South to the Fort Worth and Denver Railway right-of-way. No action was taken by the City Commission in tYis regard. 6-16-80-171 The City Commission considered the width of paving to be constructed on 50th Street and it was unanimously agreed to make 50th Street from the East City Limits to Avenue A, to the West City Limits at Slide Road a "Collector Street" with 120' right-gf-way. Motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize a building line ordinance to be prepared to establish building lines on 50th Street from the East to West City Limits line. Authorization being also given for preparation of an ordi- nance to amend the Subdivision Regulation Ordinance as to the City's contri- bution to paving of certain streets. 6-16-80-172 Motion by Commissioar Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize an ordiunce to be prepared for consideration by the City Com- missioner to establish a policy of the City paving one-fourth of the cost of paving alleys in the residential area where alleys abutt businesiproperty. The remaining three-fi)urths of the cost of said paving to be paid by the business establishments abutting the alleys. 6-16-80-173 Mr . Omer Drieling appeared before the City Commission in connection with pur- chase of 10 acres of land owned by the City in the vicinity of the Sewage Treatment Plant. A price of $1000.00 per acre for said land was established by the City Commission. No further action was taken in this regard. 6-16-80-173 a Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Syrd, Casey and Maxey voting Yea, none voting Nay, to authorize payment of claim of Ray D. Hill in the amount of $385.75, being the low bid for repair to his automobile. Said automobile owned by Mr. Hill having been struck by a City Policecar while parked at 220 Sherman Street on October 21, 1956. 6-16-80-174 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Ivor Forrest and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize appointment of Adrian Vaughn as member of the Executive committee of the Mayors Committee on Young Citizens and the Ballot. 56-16-81-175 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to accept the verbal proposal of Bert L. Zellers and wife, Marie, to grant an aerial easement to the City for consideration of $1000.00 for construction by the City, across their property, of the 69KV electric loop line crossing Mr. Zellers property on the North side of Lot 3, A.J. Coleman Addition. The Mayor being here- by authorized to execute said easement, being a 200' frontage on the Clovis Road. 56-16-81-176 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, to auth- orize an increase in rental rates of the I.B.M. Corporation tabulating equipment, this increase to allow payment of $1850 per month instead of $1785, effective March 1, 1957. 56-16-81-177 The City Commission considered the verbal proposal of Alvis Palmer to convey to the City the South 61' of Tract 6, Stubbs Subdivision, said property being located on 38th Street at Avenue P, for a consideration of $8500, plus taxes now due on the {I property in the amount of $401.66. Motion was made by Commissioner Casey, seconded by Commissioner Maxey, motion4arried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize an even trade of Lot 12, Block 22, College Heights Addition plus improvements with Mr. Palmer for this property. The City having acquired lot 12, Block 22, College Heights Add tion from Mr. Dixon, the property having been purchased for 38th Street right-of-wa . 56-16-81-178 Motion by Commissioner Casey, seconded by Commissioner Maxey, rhotion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to autho rize payment of $1000.00 to Sim O'Neal Estate for dedication deed covering the West one-half of Quaker Avenue between 4th Street and the alley to the South located between 14th and 15th Street, being a 45' dedication for Quaker Avenue. This land being required in order that the City may construct the 69KV loop line of this property. 56-16-81-179 Resolution recorded on 'Page 87 1 156-16-81-180 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, MayorE Forrest and Commissiners Byrd, Casey and Maxey voting Yea, none voting Nay, to auth orize the alley to be paved between 14th Street and 15th Street and Avenue 0 and Paris Avenue and the WEst 155' of the East-West alley of Block 1, G.A. Rush Additim being located between 15th and 16th Streetand Avenue 0 and Paris Avenue for an esti- mated amount of $746.64, being the City's 25% of the cost. There was discussion of the use of No. 2 clay sewer tile pipe for use in the 50th Street outfall sewage line and it was unanimously agreed by the City Comr ssion that No. 2 clay sewer the pipe is sEtisfactory for the use of this line. 5646-81-181 Mr. Don Jones appeared before the City Commission in regard to an exchange plan between the City of Lubbock, Texas and the City of Hannover Germany. The following minutes of the "Foreign Vistorg Committee" of November 26,1956, being presented to the City Commission. MINUTES OF MEETING FOREIGN VISITORS COMMITTEE November 26, 1956 PRESENT: Chdrman G. E. Giesecke, Conrad Lohoefer, Raymond L. King, A. B. Slagle and Gordon Rose. Roger Line was guest. ABSENT : W. H. (Buc) Jones, Dave Sherrill, and Jack Creel The meeting was called to order at 10:35 A.M. by Chairman Giesecke who read corres- pondence from Hannover, Germany, written by Mr. Karl Wiechert. The Chairman also 11 read a report from the U.S. State Department concerning the partnership organizatiot' which is endeav7oring to match cities in Europe with cities in tln United States. The' chairman also exhibited informational material on Hannover. 11 Committee Secretary Rose read acommunication from Hannover which acknowledged receipt of materials sent by the Lubbock Chamber of commerce and which stated that material on Hannover would be forthcoming. Chairman Giesecke requested reports from committee members who were to contact various local organizations to determine what response a partnership agreement with Hannover would have. Lohoefer said the South Plains Art Guild (Mrs. Martin, Presi- dent) would cooperate,although she was a bit worried about the cost of the program. She felt tle Guild would be very receptive. A.B. Slagle said the Lubbock Council of Garden Clubs was definitely interested, but could not make a commitment until more information is provided. Roger Line said the City Administration was interest ed and would cooperate. Don Jones said the Rotary Club would be interested, but he was not sure of Rotary's active participation. Chairman Giesecke said the Inter- national Relations Club at Tech was allfor it. Secretary Rose reported that Radio Station KFYO would cooperate in an exchange of music programs. At conclusion of the reports, the committee passed the follokng resolution unani- mously: "The Foreign Visitors Committee of the Lubbock Chamber of Commerce rece favorable action be taken by the Lubbock City Commission to enter into a partnership agreement with the City of Hannover Germany." Chairman Giesecke then requested the secretary to prepare a letter explaining the partnership program and the committee's study of same for presentation to the Lubbock City Commission. In addition, the secretary was to set a definite date for an appearance before the City Commission for a personal presentation of the program. It was agreed by the Committee, upon suggestion by A.B. Slagle, that the Com- mittee be informed of any foreign visitor to Lubbocky and not only those who come directly through the committee from tYe U.S. State Department. Chairman Giesecke then informed the committee that Mr. Kinichi Tsukamoto of 11 Japan, a participant in the Foreign Leader Exchange Pfogram of the international Educational Exchange Service of the U.S. Department of State, was due to arrive in Lubbock on December 9th and depart December 13th for Austin. In discussing activities which would be of interest to Mr. Tsukamoto, the secre- tary was requested to arrange a program which would include a discussion of politics by Senator Elect Preston Smith, Congressman George Mahon, County Democratic Chairman Bob Dennis, and County Republican Chairman John Christmann; labor by James Sharp, head of the local Labor Union Council; municipal govern- ment by Roger Line; welfare activities by T. Fain of the Community Planning Council and Mrs. Settle 4 the City -County Welfare Department; and to include a luncheon on December xlth with faculty personnel at Texas Tech. There being no further business, the meeting adjourned at 12:00 noun. After consideration of the above report, motion was made by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve the exchange pla between Lubbock and Hannover, Germany as set out in the following letter from Dr. Giesecke: TO THE MAYOR AND CITY COMMISSIONERS, CITY OF LUBBOCK: At the r,equst of the City Commission of Lubbock, Texas, the Foreign Visitors'li Committee of the Tubbogk Chamber of Commerce rude a study o.f the proposal by Hannover, Germany, that Lubbock enter into a cultural and informational ex- change referred to as a "partnership agreement". Included here are thenesults of this study and therecommendations of the committee,. Several years ago, Lubbock was honored by a visit from Oberstadtdirektor Karl Wiechert of the City of Hannover. During his visit, the idea of an ex- change partnership between the two cities was discussed with the City Manager and the Chairman of theForeign Visitors Committee. Such partnership would be a quasiformal agreement within which the two municipalities could carry on such; exchange activities as proved to have mutual interest, thus bringing the cities closer together. In 1955, Dr. Heinz Kloss visited Lubbock, Dr. Kloss is the Director of the Institute fuer Auslandsbeziehungen with headquarters in Stuttgart, Germany. This agency supported in good part by private German funds, endeavors to further all manner of cultural relationships with other countries which are not included 'in the usual diplomatic and economic channels. Dr. Kloss was then informed of Mr. Wiechert,"s conversationhere. Recently Dr. Kloss wrote Dr. G. E. Giesecke, Vice -President of Texas Tech- nological College, informing Dr. Giesecke that the City of Hannover would like to erw r into such an errangemen t . 0 Dr. Giesecke referred theinatter tothe attention the City administration in Lubbock which, in turn, requested the Foreign Visitors CommitteecF The Lubboc Chamber of Commerce to make a study of thepartnership idea and to make a recommendation for action to the City Commission of the -City of Lubbock. The Committee , after considerable discussion as to thg4nerits of such an 'G agreement, decided to contact local civic organizations to determine the feeling for such a project, At a meeting of tie committee, November 26, 1956, (copies of which minutes) are attached),members of the committee reported that various local orgaizations were very receptive to such an exchange afideas and information. At the con- clusion of the reports, the committee passed the. following resdution unanimously The Foreign Visitors Committee of the Lubbock Chamber of Commerce recommends: favorable action be taken by the Lubbock City Commission to enter into d, contract and partnership agreement with the City of Hannover, Germany. The Committee felt it was a real compliment to the City of Lubbock that Hannover made a.partnership proposal, and would respectfully suggest that the City Commission of the City of Lubbock delegate responsibility for carrying our such a program to a responsibb, interested orgaization The Foreign Visitors Committee ofthe Lubbock Chamber of Commerce is happy that it could render a small service to the City Commission of the City of Lubbock, and for the opportunity of appearing before it to present the committee's study and recommendation. Respectfully submitted, Dr. G. E. Giesecke, Chairman Foreign Visitors Committee Lubbock Chamber of Commerce 56-16-83-182 Motion by Commissioner Casey, seconded by Commiss.oner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to 11 approve E.W.O. 12008, in the amount of $5000.00, for the construction of the 12,00w volt electric feeder line from the Vicksburg Substation to the Northeast. 56-16-83-183 4 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve E.W.O. 12010 in the amount of $59,000 for purchase of 5000 KVA electric substation. The purchase of this substation equipment having been authorized April 1956, from Bond Fund stores. This substation being known as Cedar Substation. 56-16-83-184 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion-,arried, Mayor Forrest and Commissioners Byrd, Casey aid Maxey voting Yea, none voting Nay, to auth- orize change order No. 2 1D West Texas Construction Co. contract, G.W.O. 1234-B2 being for paving improvements, This change order to extend the date of this contract until July 1, 19572 in order that 42nd Street from Avenue A to Avenue C may be payed. .56-16-83-185 Motion by Commissioner Casey, seconded by Commissioner Byrd, ruction carried,Mayor Forrest and Commissioners.Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize operation by the Hub Lions Club of Lubbock, of P.O. 421, of nine or ten boxes located throughout the City by the Junior Chamber of commerce aid being pur- chased by the Hub Lions Club for the collection of rags and old clothing. The Lions Club wishing to collect said material to be sold and the proceeds thereof r to be used in Sight Conservation Work and purchase of glasses for school children. The Hub Lions Club, president Archie Huckabee stating to the City Manager that the Permain Rug Company has agreed to purchasesaid rags and old clothes fm m the Club. 56-16-83-186 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to Reject the claim of Mr. and Mrs. Ray Miller in the amount of $100.00 regarding the' property on 50th Street, whereas, the City had made an offer for their property ' before 50th S reet had been declared a "collector Street", instead of an expressway The City with8rew their offer and Mr. and Mrs. RAy Miller claiming $100.00 for Breach of Contract. 6-16-83-187 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordi- I� nance No. 2096 was passed as emergency measure. ORDINAT CE NO., 2096 WHEREAS, THE CITY COMMISSION, BY ORDINANCE NO. 2045 MADE AN APPROPRIATION OUT OF PARK BOND FUNDS IN THESUM OF TWENTY SEVEN THOUSAND NINE HUNDRED NINETY EIGHT AND66/100 ($27,998.66) DOLLARS, FOR THE PURPOSE OF CONSTRUCTING AND PAYING AREAS AND STREETS IN MCKENZIE PARK, AND AVENUE Q PLAYGROUND; and, 56-16-83-188 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Comrmssioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION WHEREAS, ARticle 1433a Revised Civil Statutes of Texas, authorized the City of Lubbock, an incorporated City to lay its water mains, conductors, and fixtures under, along, across and over public roads, and it is necessary, feasible and expedient to use a part of a public road in Lamb County for such purpose; THEREFORFt BE IT RESOLVED BY THE CITY COMMISSION OF TIE CITY OF LUBBOCK: THAT the Commissioners Court of Lamb County is hereby notified that the City + of Lubbock proposes to build and lay a water line along a public road in Lamb IM County at the following location: Beginning at a point 65' Northeasterly and at right angles to the main line of the Panhandle and Santa Fe Railway and being 2255 feet measured Northweste* parallel to said Railway from the West Line of Labor 12, League 664, Lamb County, Texas, said point being in a County Road; Thence Southeasterly in said County Road 65 feet from and parallel to s Railway to the CityLimit Line of the City of Littlefield. The City Engineer is authorized and directed to deliver a true copy of this Resolution to the Commissioners Court of Lamb County in Littlefield,Texas. Passed by unanimous vote of tle Commission ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer this 6th day of December,1956. s/ S. S. FORREST JR Mayor i6-16-84-189 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey votingYea, none voting Nay, Ordinance No. 2097 was passed on first reading. ORDINANCE NO. 2097 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY INILOCK 18, PHYLLIS WHEATLEY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE STY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONING OF SAID NORTH -SOUTH ALLEY AS AFORESAID. 56-16-84-190 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Myor Fro -tern Casey and Commissioners Byrd and Maxey voting Yea, none voting Nay (Mayor Forrest being absent from the meeting at this time) to authorize the purchase of seventy-seven (77) $1000.00 City of Lubbock Electric Revenue 2k% bonds with maturity dates as follows: Seven bonds to mature January 1, 1966 Thirty-five bonds to mature January 1, 1968 Thirty-five bonds to mature January 1, 1969 These bonds being purchased at 872% of par plus accrued interest to date of delivery. Said bonds being purchased through the First Southwest Company of Dallas, Texas and will be a net yield of an effective rate of approximately 5.60%. Payment for said bonds to be made from City of Lubbock interest and Sinking Fund. 5-16-84-191 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2098 was passed as emerge-cy measure. ORDINANCE NO. - 2098 AN APPROPRIATION ORDINANCE City Commission of the 1. WHEREAS, the /City of Lubbock finds it is necessary to appropirate 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1956 Street Improvement Bond Fund The sum $ 1,000.00 For the following purpose:obtain appraisals and ownership certificates for intersection of Idalou Road and proposed Expressway loop. 6-16-84-192 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2099 was passed as an emergency measure. ORDINANCE NO. 2099 AN APPROPRIATION ORDINANCE WHEREAS, THE City Commission 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of tie following described bonrYfund, to -wit: 1956 Street Improvement Bond fund The sum $ 28.50 For the following purpose: abstract examination cost on purchase of lard off Lot 1, Block 12, Roles Acres for Quaker ROW. 56-16-85-193 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2100 was passed as emergency measure: ORDINANCE NO. 2100 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary, to appropriate certain specific funds out of bond funds for an approved pro- ject, 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund,' to -wit: Electric Bond Funds The sum $ 1,005.00 For the following purpose:damages involved in acquisitions of aerial easement across North side of Lot 3, A.J. Coleman Addition plus filing fee. 56-16-85-194 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Maycrr Pro -tern Caxey and Commissioners Byrd, and Maxey voting Yea, none voting Nay, (Mayor Forrest being absent from the meeting) Ordinance No. 2101 was passed as an emergency measure. ORDINANCE NO. 2101 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved pro- ject 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 COMMISSION OF THE CITY OF LUBOCK: There is hereby appropriated out of the following described bondfund, to -wit: Traffic Signal Bond Funds The Sum $ 700.00 For the following purpose: Installing two flashing school zone signal lights at 2nd Street aniAvenue H, and for installing two flashing school zoXe signal lights at 4th Street and Avenue F. 56-16-85-195 Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey vothg Yea, none votbg Nay, Ordinance No. 2102 was passed as emergency measure. ORDINANCE NO. 2102 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessar. to appropriate certain specific funds out of bond funds for an approved pro- ject and this ordinance deals with the daily operation ofCity departments in the public interest which creates an emergency; NUGHEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond funds, towit: 1956 Waterworks Improvement (Electric) Fund The sum $5,000.00 For the following purpose: Construction of 12,000 volt line from the Vicks- burg Substation north and east as described in EWO 12008 (To Raleigh Avenue). 56-16-85-195a 0 Nr ��..��.. o . 2�;32 ORDINANCE NO. 2082 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 38TH STREET BETWEEN pLIA �JD Lpp UgT AT T� P CCE �JD LOC�,TION Mo p�TICU Y 'ggCg�gED IN -- - - - -- - BODY -OF -THIS ORDINANCE; D DIRECTING THE CI ENGINEE� M ►RK THE OFFICIAL MAP OF THE CITY OF LUBBOCK INDICATING THE CLOSING AND ABANDONMENT OF PORTION OF 38TH STREET AS AFORESAID. 6-16-86-196 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2103 was passed as emergency measure. • ORDINANCE NO. 2103 AAS/ Qi AN APPROPRIATION ORDINANCE WHEREAS, the City Commission 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 THEREOFRE, BE IT ORDAINED BY THE CITY COMMISSION OF M CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1956 Waterworks Improvement (Electric) Fund The sum $59,000 For the following purpose: Purchase only of a 5,000 KVA 12,470 volt to 4160 volt substation to be installed in place of the existing Cedar Substation. This Substation is des- cribed in EWO 12010. 5-16-86-197 The following letter of proposal was received from the Southwestern Public Service company for furnishing electric service for the City's water project in Lamb and Bailey Counties. SOUTHWESTERN PUBLIC SERVICE COMPANY December 6, 1956 Mr. H. P. Clifton, City Manager City of Lubbock Lubbock, Texas Dear Mr. Clifton. This is a revised proposal for serving your electric requirements in the Sand Hills Water Project located in League 206, Bailey County. In the past two Weeks your engineers have furnished us with more information on power requrements, monthly and annual expected loads and pumping schedules. With this new information we have made additional studies and are pleased to inform you that we can build and maintain a complete distribution system in League 206 and still offer you our Municipal Power Service rate, as included with our original proposal dated November 15, 1956. Our construction will include the installation of a substation on our 69000 volt transmission line, metering on the 12KV bus and a complete 7200/12470 volt distribution system including all transformers and line devices required up to the point of service on each pump location. This proposal is made on line construction based on our standard line design. If it develops that in- stallation of your cables or other equipment for controlling the operation of the field results in additional investment on our part, we would expect you to absorb the cost of additional structures needed for this pupose. We sincerely appreciate the opportunity you have given us to bid on this busi- ness and appreciate working with the City of Lubbock on any project of this nature. Yours very truly, SOUTHWESTERN BUBLIC SERVICE CO. /s/ George Bunton Division Superintentcbnt After consideration of theproposal in the above letter, motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forres! and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to accept the proposals as set out in the letter. The cost of current to the City to be one cent per KWH as set out in Southwestern Public Service Company's proposal dated Noember 15, 1956, as set out below, the Mayor being hereby authorized to enter into contract. it SOUTHWESTERN PUBLIC SERVICE COMPANY Service Agreement Summary Rate Schedule Number Public Authorities 364R a AGREEMENT WITH: City of Lubbock, Texas POINT OF SERVICE: Bailey County Water Field RATE: All kwh used per month @ 1.0t,, per kwh FUEL COST ADJUSTMENT: The net charge per kilowatt hour of the above rabe shall be increased or decreased 0.01� per kwh for each o.5� increase or decrease, or major fraction thereof, in the delivered cost of gas at all of the Company's steam -electric generating stations above 12.5� or below 10.5(,% per thousand cubic feet during the second preceding month. MINIMUM: None Noted by:A.Z. Naison 56-16-87-198 Motion by Commissioner Casey, seconded by Commissions Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed; RESOLUTION WHEREAS, heretofore the City of Lubbock passed Ordinance #893, such Ordinance being recorded in Volume 3801 Page 295 of the Deed REcords of Lubbock County, Texas, and such Ordinance containing a notice of improvements and apportionment of costs of such improvements and assessing a lien upon certain property, and in such Ordinance there was included paving assessment for paving unit #777; and, WHEREAS, under paring unit #777 such Ordinance has created no lien or liens against a part of the property assessed pursuant to paving unit #777 by rea- son of the fact that a portion of such paving improvements have not been made and there is no immediate plan of making street improvements upon the property hereinafter described and which was included in paving unit #777 and it is expedient to remove tte cloud and apps=ent lien placed upon a portion of the property abutting the street to be improved which was included in paving unit #777 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: a d di ee,cced SECTION 1. THAT the Mayor BE and he is hreby aut iori.ze Ito execute and the City Secretary -Treasurer is directed to attest for and in behalf aEthe City of Lubbr.ock a Releagh/any and all liens, apparent liens, or cloud upon title shown by record to exist upon the following described property pursuant i' to paving uiit #777, as included in Ordinance #893 . Theproperty upon which the Release of liens is to affect is described as follows; Paving Unit #777 OWNER LOCATION Edward Whaley Gillenwater Lot 7, Block 2, Chapman Addition to the City of Lubbzk, Lubbock County, Texas_ - r-• - __r• - .:ram. • .. � � �.w i -.-.�W SECTION 2. THAT such Release is to contain tte provision that it shall not affect any property or liens not specifically released thereby See Page 81 Item 179 for item regarding this resolution. PASSED by the Cormission this 6th day of December 21956. ATTEST /s/ Lavenia Lowe City Secretary -Treasurer RESOLUTION /s/ S. S. FORREST, JR., Mayor WHEREAS, the C* Commission has determined that the City would contribute tte customary city portion of Twenty-five (25) per cent of the cost of alley paving improvements, to be constructed in accordance with thestandard City of Lubbock plans and specifications as approved by the City Engineer, and the owners of property abutting the West 155 feet of the East-West alley in Block 2, G.A. Rush Addition, and the North -South alley between Block 4, G.A. Rush Addition and Block 159 Original Town, have requested permission to have pave- ment improvements constructed on the aforementioned alleys, and the pavingof said alleys is needed to provide access to the area, and the CityEr4neer has approved the plans and specifications for such improvements, and, WHEREAS, Sears, Roebuck & Company,owners of the property abutting on the herein described alleys will contract separately with a competent contractor for the above alley improvements, and said improvements will be constructed i accordance with tte abovementioned plans and specifications under the super- vision of the City Rgineer, and the said owners desire that the City contri- bute its customary share towards such paving, and, WHEREAS, the total cost of tle paving improvements will not exceed $2986.55 and the City's share in connection therewith would not exceed $746.64, leaving the property owner's portion not to exceed $2,239.91, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable fair and ,jLst to the abutt- ing property owners, the City and all other persons affected thereby, and that the sum of $746.64 has been duly budgeted and is available, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authoized to approve the plans and specification for paving on the alley herein described provided thatsuch plans and specifications meet the usual requirements for paving on alleys within the corporate limits of the City of Lubbock; said alleys being as follows, to -wit: Unit A-309 West 155 feet of East-West alley in Block 2, G.A. Rush Addition Unit A-310 North -South alley between Block 4, G.A. Rush Addition and Block 159 Original Town The City Engineer is further authorized and directed to duly inspect said paving construction on said alleys and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval bythe City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment ofthe City's share of the cost of the abovementioned. improvements a sum not to exceed $746.64, leaving the amount due the contracto from the propa:ty owners not to exceed $2,239.91. Section 2. This authority is conditioned that Sears, Roebuck & Company,, owners of abutting property and the contractor will pay for all material and labor and costs incidental to such coritruction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaixing thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insuranc4olicies, that the said Sears, Roebuck and Company will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval by the City Engineer, all improvements designated herein shall be apermanent part of said alley and the property of the City of Lubbock, with- out any liability whatsoever, except for the payment of a sum not to exceed $746.64 upon completion cf paving improvements by the contractor and acceptace of same by tie City Commission of the City of Lubbock. On motion of Commissioner Maxey , seconded by Commissioner Casey , the foregoing resolution was unanimously passed by the City Commission this 6th day of December, 1956. ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer /s/ S. S. FORREST, JR., Mayor The Sears, Roebuck & Company, owners of property abutting said alleys and W.B. Abbott, Jr., Building Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Approved: John T. Hickerson, City Engineer Approved: Vaughn E. Wilson, City Attorney SEARS ROEBUOK & Company By: Attest: By: W.B. Abbott, Jr., By: 16-96-88-199 Motion by Commissioners Casey, seconded by Commissioner Byr4 motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve and authorize the following change orders. Change Order 1 on GWO 1275parking lots at Hodges Field------- 8067.78 Change order 1 on GWO 1276parking lots at casting pool------- 435.50 Change order 1 on GWO 1277storage area paving at K.t,,. Clapp pool 80.75 Change order 1 on GWO 1278parking lots at avenue Q playfield--- 5369.78 Change order 1 on GWO 1279parking lots at Mackenzie Park ---- 23,081.15. 56-16-88a-200 Bids were read for purchase of miscellaneous electric Hardware, being bid No. 2618. After consideration of the bids submitted, motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Casey and Commissioners Byrd and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: (Mayor Forrest being absent from the meeting at this time ). Accept tte bid of Southwestern Electric Supply Company for purchase of items 9 and 13. Accept the bid of R&A Supply Company for purchase of items 2 and 15. Accept the bid of Nelson Elec. Co for purchase of items 1,3,4,5,6,7,10, 11, and 14. Accept the bid of Graybar Electric Co. for purchase of items 8 and 12. 56-16-88a-201 Bids were received for a brush chipper for cutting brush, and trees in short links in order that they may be picked up by the Sanitation Dept., being bid No. 2609. 56-16-88a-202 56-16-88a-203 After consideration of the bids submitted, motion was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Casey and Commissioners Byrd and Maxey v sting Yea, none vottig Nay, to authorize acceptance of the bids of Asplundh chipper Company for purchase ofkhis equipment. (Mayor Forrest being abset from the meeting at the time this bid was considered). Bids were read for purchase of automobile for use by the City of Lubbock, being Bid No. 2625. Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Pro -tea Casey and Commissioners Byrd and Maxey voting Yea, none voting Nay (Mayor Forrest being absent from the meeting) at this time, to authorize the purchase to be made as follows: Accept the bid of Hub rotor Company forth4urchasa of item 15. Accept the bid of Lubbock JDatomobile Co.for purchase of items 3,4,5,6,7,8,9,10,11 & 12. Accept the bid of Louthan Dowell rbtors Co. for purchase of items 1,2',13,14 and 16. Items 1 and 2tm be used by the Water Production Department; Item 3 for the Electric Department; Item 4 through 12, for the Police Department; Item 13 for Sanitation Department; Item 14 and 15, Engineering Department; Item 16, Electric Commercial Department. Bids were read for purchase of trucks for use by the City of Lubbock. being bid No. 2628 After consideration of all bids submitted, motion was made by .Commissioner Maxee, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Casey, and Commiateners Byrd and Maxey voting Yea, none voting Nay ftyor Forrest being absent from the meeting) to authorize the purchase to be made as follows: Accept the bid of International Harvester Co. for purchase of items 1,2,3,4,5,6,7,8, and 9. Accept the bid of L,outhan Dowell Fbtor Company for purchase of items 10,11 and 12. Items 1 and 2 to be used by the Water Distribution; item 3 to be used by the Collection Department; item 4 to be used for M ecpdc Collection Department; Item 5 ferthe Water Distribution; Item 6 ane 7 for Street Maintenance; Item 8 for Sanitary Sewer Department Item 9 for Garage; Item 10,11 and 12 for Garbage Collection Department. 56-16-88a-004 Bids woos read for radio transmitters, being bid 2641. After consideratbn of the bids, mAi®n was made by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Pro-tem Casey and Commissioners Byrd and Maxey voting Yea, none voting Nay, (Mayer Forrest being absent from the meeting) to authorize acceptance 6f the bid of General Electric Co. for purchase of the 6 radio receivers. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION THE CITY COMMISSION PECESSED TO MEET AT 7 o'clock P,M, December 13, 1956 READ AND APPROVED THIS THE 20th DAY OF ATTEST: l Z, Lavenia"Lowe, City Secretary -Treasurer DECEMBER S. S. FORREST, JR., MAY .1956.