HomeMy WebLinkAboutMinutes - City Council - Regular - 2/24/1972FEBRUARY 24, 1972
REGULAR CITY COUNCIL MEETING
The City Council of the -City of Lubbock, Texas, met at 10:00-o'clock a.m. in the regular
meeting place in the City Hall; the following members thereof being present to -wit:
Mayor J. H. Granberry and Councilmen Deaton Rigsby, Lonnie F. Hollingsworth, John E. Baker,
and Morris W. Turner, City Manager N. B. McCullough, Assistant City Manager Robert Wilson,
City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Lavenia Lowe.
Absent: None
72-31-61-164 The invocation was given by Tom Martin, Public Information Officer.
(1)
72-3I-61-165 The Pledge of Allegiance to the Flag was given in unison by those present in the Council
(2) Chambers.
72-31-61-'166
(3) Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor
Granberry and Councilmen Rigsby., Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to approve City Council Minutes - Regular Meeting held February 10, 1972.
72-31-61-167 Notion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(9) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6301 an second and final reading.
ORDINANCE NO. 6301
AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT
FOR ALL VEHILCES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS TO -WIT: A PORTION OF SLIDE ROAD FROM 4TH STREET TO THE SOUTH CITY LIMITSI�
OF THE CITY OF LUBBOCK; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY;
PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT
STREETS .OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS
HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDIN-
ANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.,
72-31-61-168 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(10) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6302 on second and final reading.
ORDINANCE NO. 6302
AN ORDINANCE AUTHORIZING THE ALTERING AND GHANGING OF THE PRIMA FACIE SPEED LIMIT FOR
ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, TO -WIT: A PORTION OF SPUR 327 - WEST LOOP 289 TO WEST CITY LIMITS; AUTHORIZING
THE PLACING OF SPEED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET
FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT RHIS ORDINANCE SHALL BE
CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFIC-
ALLY CONFLICTS; EROVIDING A SAVINGS CLWJSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDIN-
ANCE.
72-31-61-169 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(5) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6303 on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE N0. 6303
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appr6priate
certain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Warehouse
Improvement
The sum $4,490.24
Por the following purpose: To be applied on the purchase of a 10,000 lb. Hydraulic Crane.
72-31-61,170 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(11) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6304 on second and final reading.
ORDINANCE NO. 6304
AN ORDINANCE AMENDING SECTION 5-2 OF CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TECAS, WHICH AMENDS THE UNIFORM BUILDING CODE, 1970 EDITION , BY REPEALING SECTION
2517(c)8. THEREOF PERTAINING TO SOIL TREATMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
72-31-62-171
(6)
Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6305 on second and final reading.
72-31-62-172
(7)
72-31-62-173
(17)
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 6305
WHEREAS, -the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds ::out of specific funds out of bond funds for an approved project;
Widening of University Avenue.
NOW THEREFORE,
BE'. IT ORDIiMED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Street
Improvement Bond Fund 76-6061-551
The sum $62,303.00
For the following purpose: Acquisition of Right -.of -way to widen University Avenue.
2501-34th St. (Portion of Lts 1 & 2,Kinser Addn.)
$60,800 - Land
1,503 - Supplemental Expenditures
$62,303.00 Total
Motion was made by Councilman Baker, seconded .by Councilman Hollingsworth, motion carried,
Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance no. 6306 on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 6306
WHEREAS, the City Council of the City ;of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project; Widening of Avenue H.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Street
Improvements Bond Fund 76-6061-551
The sum $8,765.00
For the following purpose: Acquisition of Right-of-way to widen Avenue H.
208-210 Ave. H. (East 35.25 feet of Lots 1 & 2, Alicia Addn)
$8,000.00 - Land
765.00 - Supplemental Expendi
tares
$8,765.00 Total
Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
4-that the following Resolution.
RESOLUTION
WHEREAS, it has been determined by the City Council that the Canyon Area, within the
City of Lubbock, Lubbock County, Texas, should be developed for public open space called the
Canyon Lakes Project; and,
WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the
City for matching funds to aid in development of said project; and,
WHEREAS, it is necessary to acquire for the Canyon Lakes Project fee simple title to the
land hereinafter described, owned by Don L. Hamilton and Larry E. Hamilton; and,
WHEREAS, the City Council has caused two appraisals to be made of said land and the value
and total damages, if any, to the owner, and all. others whose interest may appear, for fee
simple title to said land has been appraised, and the Council finds the price offered to be
fair market value; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City a5 Lubbock acquire for the purposes of developing public open space described
as the Canyon Lakes Project, fee simple title to the land lying and being situated in Lubbock
County, Texas, and described as follows, to -wit:
A tract of land out of section 80, Block A,
Lubbock County, Texas, and bding more
particularly described hereinafter by metes
and bounds on the exhibit attached hereto.
11
THAT owners, Don L: Hamilton and Larry E. Hamilton, and all others, if any whose interest
may appear, be offered through the Planning Department the amount established as the fair
market value and total damages, if any, for fee simple title and acquition of said land for the,---.-..-..
L
I
72-31-63-174
�ls>
the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted
forthwith, the City Attorney is hereby authorized and instructed to institute condemnation
proceddings for and on behalf of the City of Lubbock to acquire fee simple title to said Land,
as hereinabvoe described, for park purposes.
Passed by the City Council this 24th day of February, 1972.
J. H. GRANBERRY YOR
ATTEST: in .
i
Lavenia Lowe, City Secretary -Treasurer
Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
that the following Resolution be Passed.
RESOLUTION
WHEREAS, it has been determined by the City Council that the Canyon Area within the
City of Lubbock, Lubbock County, Texas, should be developed for public open space called the
Canyon Lakes Project; and,
WHEREAS, the Bureau of Outdoor Recreation has contracted with the City for matching title
to the land hereinafter described, owned by G. B. Bowles; and,
WHEREAS, the City Council has caused appraisal to be made of said land, and the value and
total damages, if any, to the owner, and all others whose interest may appear, for fee simple
title to said land has been appraised and the Council finds the price offered to be fair and
equitable; NOW THEREFORE. -
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT.the City of Lubbock acquire for the purposes of developing public open space described
as the Canyon.Lakes Project fee simple title .to the land lying and being situated in Lubbock
County, Texas, and described as follows: to -wit:
A tract of land out of Section 17, Block A, Lubbock
County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a point which bears 2540.73 feet North
and 1732.12 feet West of the Southeast corner of Sec-
tion 17, Block A, Lubbock County, Texas;
THENCE South -a distance of 361.5 feet;
THENCE East a distance of 361.5 feet;
THENCE South a distance of 164.5 feet;
THENCE East a distance of 5285 feet;
THENCE South along the West line of the Joe
Manicapelli tract, 320.18 feet to a 3/4" iron
pipe by fence corner post, the Southwest corner
of the Joe Manicapelli tract;
THENCE South 83048' East along the South line
of the Manicapelli tract and a fence line thereon,
124.65 feet to a 1" iron pipe found, the Northwest
corner of a .16.2 acre tract, and a corner of this
tract ;
THENCE South, along the West side of the 16.2
acre tract, 468.50 feet to the Southeast corner
of this tract;
THENCE North 56057' West along the Northeast
lines of the Austin G. Marrow tract and the M.
F. Landwer tract 1244.5 feet;
THENCE North a distra ce of 646.7 feet;
THENCE East a distance of 504.75 feet to the
PLACE OF BEGINNING.
THAT the owner, F. B. Bowles, and all others, if any, whose interest may appear, be
offered through the Planning Department the amount established as the fair market value and totaL
damages, if any, for fee simple title to and acquisition of said land for the purposes herein
s tated, for the use and benefit of the City of Lubbock, and unless accepted forwith, the City
Attorney is hereby authorized and instructed to institute condemnation proceedings for and
on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove
described, for park purposes.
Resolution: Canyon Lakes from G. B. Bowles
Passed by the City Council this 24th day of February, 1972.
ATTEST:
Lave ni , Mwy creta -Treasurer
J. H. GRANBERRY, OR
72-31-64-175 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor
(19) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
that the following Resolution be passed.
RESOLUTION
WHEREAS, it has been determined by the City Council that the Canyon Area within the
City of Lubbock, Lubbock County, Texas should be developed for public open space called the
Canyon Lakes Project; and,
WHEREAS, the Department of Housing and.Urban Development (HUD) has contracted with the
City for matching -funds to aid in development of said project; and,
WHEREAS, it is necessary to acquire for the Canyon Lakes Project fee simple title to
the land hereinafter described, owned by G. B. Bowles: and,
WHEREAS, the City Council has caused two appraisals to be made of said land and the
value and total damages, if any, to the owner, and all others whose interest may appear,
for fee simple title to said land has been appraised, and the Council finds the price offered
to fair and equitable, and HUB has concurred in said amount as the fair market value; NOW
THEREFORE:
BE IT'RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing public open space
described as the Canyon Lakes Project, fee simple title to the land lying and being situated
in Lubbock County, Texas, and described as follows, to -wit:
A tract 4f land out of Section 17, Block A,
Lubbock County, Texas, and being more part-
icularly described hereinafter by metes and
bounds on:the exhibit attached hereto.
THAT THE Owner; G. B. Bowles, and all others, if any, whose interest may appear, be
o f€ered through the Planning Department the amount established as the fair market value and
total damages, if any, for fee simple title and acquisition of said land for the purposes
herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith,
the City Attorney is hereby authorized and instructed to institute condemnation proceedings
for and on behalf of the City of Lubbock to acquire fee simple title to said land, as
hereinabove described, for .park purposes.
Passed by the City Council this 24th day of February, 1972.
ATTEST:
46�/sr R4ne'o
Lavenia Lowe, City Secreta -Treasurer
4he���
J. H. GRANBERRY ^YOR
72-31-64-176 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor
(20) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Resolution be passed.
RESOLMMON
WHEREAS, it has been determined by the City. Council that the Canyon Area within the
City of Lubbock, Lubbock County, Texas, should be developed for public open space called the
Canyon Lakes Project, and,
WHEREAS, the We-partment of Housing and Urban Development (HUD) has contracted with the
City for matching funds to aid in development of said project; and,
WHEREAS, it is necessary to acquire for the. Canyon Lakes Project fee simple title to the
land hereinafter described, owned by E. Hayes Sieber; and,
WHEREAS, the city Council has caused two appraisals to be made of said land and the
value and total damages, if any, to the owner, and all others whose interest may appear, for
fee simple title to said land has been appraised, and the Council finds the price offered to
be fair and equitable, and HUD has concurred in said amount as the fair market value; NOW
THEREFORE:
BE IT RESOLVEDZY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing public open sapce described`.-...
as the Canyon Lakes Project, fee simple title to the land lying and being situated in Lubbock
I
0
County, Texas, and described as follows, to -wit:
L
I
L
L
L
A tract of land out of Section 80, Block A,
Lubbock County, Texas, and being more particularly
described hereinafter by metes and bounds on the
exhibit attached hereto.
THAT the owner, E. Hayes Sieber, and all others, if any, whose interest may appear, be
offered through the Planning Department the amount established as the fair market value and
t otal damages, if any, for fee simple title and acquisition of said land for the purposes
herein stated, for the use and benefit of the City of Lubbock and unless accepted forthwith
the City Attorney is hereby authorized and instructed to institute condemnation proceedings
for and on behalf of the City of Lubbock, to acquire fee simple title to said land, as herein -
above described, for park purposes.
Passed by the City Council this 24th day of February, 1972.
ATTEST:
lavenia Lowe, City Secrete -Treasurer
6�e�
J. H. GRANBERRY, OR
72-31-65-177 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor
(21) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
that the following Resolution be Passed.
RESOLUTION
WHEREAS, it has been determined by the City Council that the Canyon Area within the
City of Lubbock, Lubbock County, Texas, should be developed for public open space called
the Canyon Lakes Project; and,
WHEREAS, the Bureau of Outdoor Recreation has contracted with the City for matching
funds to aid in development of said project; and,
WHEREAS, it is necessary to acquire for the Canyon Lakes Project fee simple title to the
land hereinafter described,'owned by James 0. Godwin et ux Billie Corinne; and,
WHEREAS, the City Council has caused appraisal to be made of said land, and the value and
total damages, if any, to the owner, and all others whose interest may appear, for fee simple
title to said land has been appraised and the Council finds the price offered to be fair
and equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposed -of developing public open space described.
as the Can you Lakes Project fee simple title to the land lying and being situated in Lubbock
County, Texas, .and described as follows, to -wit:
A tract of land out of Section 80, Block A, Lubbock
County, Texas, and being more particularly described
hereinafter by metes and bounds on the exhibit attached
hereto.
THAT owners, James 0. Godwin et ux Billie Corinne, and all others, if any, whose interest
may appear, be offered through the Planning Department the amount established as the fair
market value and total damages, if any for fee simple title -.to and acquisition.of said land fo
the purposes herein stated, for the use and benefit of the City of.Lubbock and unless accepted
forthwith, the City Attorney is hereby authorized and instructed to institute condemnation
proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land
as hereinabove described, for park purposes.
Passed by the City Council this 24th day of February, 1972.
ATTEST:
Lavenia Lowe, City Secretary -Treasurer
_y
age it}sx%. H. GRANBER , MAYOR
72-31-65-178 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor
(22) Granberry and Councilmen Rigsby, Hollingsworth Baker and Turner voting Yea, none voting Nay,
that the following Resolution be passed.
RESOLUTION
WHEREAS, it has been determined by the City Council that the Canyon Area within the
City of Lubbock, Lubbock County, Texas, should be developed for public open space called the
Canyon Lakes Project; and,
WHEREAS, the Bureau of Outdoor Recreation has contracted with the City for matching funds
to aid in development of said project; and,
WHEREAS, it is necessary to acquire for the Canyon Lakes Project fee simple title
to the land hereinafter described, owned by James D. Key and Faye Johnson, and,
WHEREAS, the City Council has caused appraisal to be made of said land, and the value
and total damages, if any, to the owners, and all others whose interest may appear, for fee
dmple title to said land has been appraised and the Council finds the price offered to be fair
and equitable; NOW THEREM RE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF'LUBBOCK:
THAT the City of Lubbock acquire for the purposes of developing public open space
described as the Canyon Lakes Project fee simple title to the land lying and being situated
in Lubbock County, Texas, and described as follows, to -wit:
A tract of land out of Section 80, Block A
Lubbock County, Texas, and being more
particularly described hereinafter by metes
and bounds on the exhibit attached hereto.
THAT the owners, James D. Key and Faye Johnson, and all others, if any, whose interest
may appear, be offered through the Planning Department the amount established as the fair
market value and total damages, if any, for fee simple title to and acquisition of said land for
the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted
forthwith, the City Attorney is hereby authorized and instructed to institute condemnation pro-
c eedings for and on behalf of the City of Lubbock to acquire fee simple title to said land,
as hereinabove described, for park purposes.
Passed by the City Council this 24th Day of February, 1972.
ATTEST:
4?J'Aw"Alo Amu
Laveni we, City ecreta y-Treasurer
MnjTr
is v
72-31-66-179 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(25) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner votirg Yea, none voting
Nay, that the following Resolution be passed.
RESOLUTION
WHEREAS, the City Council has determined that the acquisition of property for the
Canyon Lakes Project will require the relocation of certain businesses within the property
area; and,
WHEREAS, it has been determined tts t som businesses can be relocated by the business
owners themselved at lower relocation costs; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, upon receipt of the recommendation of the Relocation Consultant as to relocation
cost, and the approval of the City Attorney, the City Manager or the Director of Planning,
v shall be and is hereby authorized to accept the business owner's bid to relocate his own
business and approve such bid for relocation payment.
Passed by tht City Council this 24th day of February, 1972.
J. H. GRANBERRY, 3WbR
ATTEST:
Lavenia Lowe, City -Se cre ary-Treasurer
72-31-66-180 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor
(26) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting pea, none voting nay,
to,pabs Ordinance No. 6215 on first reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 6 315
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
c ertain specific funds out of bond funds for an approved project.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby. appropriated out of the following described bond fund, to -wit: Canyon
Lakes
The sum $3,500.00
For the following purpose: Special Consultants for land Negotiations - HUD Segments
U
El
III
I
I
i
I
L
L
L
t
L
72-31-67-181 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor
(29) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance No. 6316 on first reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 6316
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an approved project.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: TRAFFIC
SIGNAL BOND FUND
The sum $2,000.00
For the following purpose: Labor and material for installation of a traffic signal at
E. 24th and Quirt.
72-31-67-182 Motion was made by. Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried,
(30) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to pass Ordinance no. 6317 on first reading.
AN APPROPRIATION ORDINANCE` ORDINANCE NO., 6317
AN ORDINANCE AMENDING ORDINANCE NO, 6279 OF THE CITY OF LUBBOCK, WHICH ESTABLISHED
SPEED ZONES WITHIN THE CITY OF UMBOCK, BY CORRECTING SAID ORDINANCE TO REFLECT THE INTENT
OF THE COUNCIL AND PROVIDING FOR PUBLICATION.
72-31-67-193 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried,
(32) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to authorize publication of "Notice To Bidders" on paving the south part of 50th Street
from Memphis Avenue to 850 feet east of Memphis Avenue.
g2-31-67-184 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor
(33) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to authorize publication of "Notice to Bidders" on the 1972 Seal Coat Program.
72-31-67-185 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried,
(41) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turnef voting Yea, none voting
Nay, that the following Resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorizedfand directed to execute
for and on behalf of the City of Lubbock a StreetUse License in favor of Phillips Petroleum
Company, attached herewith which shall be spread upon the minutes of the Council and au spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 24th day of February, 1972.
ATTEST:
Lavenia Lowe, City Sei:�retary4rreasurer
STREET USE LICENSE
THE STATE OF TEXAS X
COUNTY OF LUBBOCK . X
i
J: H. GRANBERRY, YOR
S Or' • s
This indenture made this 24th day of February, 1972, between the City of Lubbock, Texas,
a Home Rule Municipality, hereinafter called "City" and Phillips Petroleum Com�any, a corpora-
tion authorized to do business in the State of'Texas, hereinafter called "Grantee".
WITNESSETH:
Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas,
does hereby grant unto the Grantee, its sucessors and assigns, the right, privileges and
license for the continued use of a presently existing canopy at Odom's Service Station, 2501,
34th Street, Lubbock, Texas consisting of an area eight (8) feet by fourteen (14) feet and
more particularly described as follows, to -wit:
BEING a portion of Lot 1, Block 1, Kinser Addition
to the City of Lubbock, Lubbock County, Texas, and
being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the South Line of said Lot 1
and being East 9.96 feet from the Southwest corner
of said Lot 1;
THENCE North 0051'34" East 64.0 feet to a point
and the PLACE OF BEGINNING.
THENCE continuing North 0051134" East 14.0 feet
to a point;
THENCE South 89°08'26" East 8.0 feet toga point
THENCE South 0051'34" West 14.0 feet to a point;
THENCE North 89008126" West 8.0 feet to a PLACE
OF BEGINNING.
1. The use granted hereby covers the canopy presently in place on such property and normal
repairs to such canopy but new or replacement canopies are prohibited.
2. The term of this grant shall be for a period of twenty (20) years unless the canopy on
such property is demolished or removed before the end of such period of time; in such event,
this license shall terminate upon such removal.
3. -Grantee shall pay to the City as a compensation for such grant the sum of TEN AND N01100
($10.00) DOLLARS per year for the duration of this license, with the first year payable on
execution of this instrument and a like sum payable on January'lst of each succedding year
for the duration of this license.
4. Payment of the annual fee provided above shall be made by Grantee to City on Jaunary tat
of'each year this license - is in'effect. Notice of such fee being due shall be sent by the City
to Grantee and upon failure of -Grantee to pay such fee within thirty (30) days from receipt of
such notice, the City shall consider such non-ipgyment as a default in this license and the City
Council shall.determine whether such license shall be considered forfeited and may elect
to demand vacation by Grantee.
5. In the event the City determines that the existence of such use interfers with or causes
the re-routing . _ or re -aligning of any public utility, franchised utility, or
sanitary or storm sewer line constructed or to be constructed by the City or franchised utility
Grantee agrees to reimburse the City of Lubbock, or such utility as the case may be, for its
e xpense of such relocating or re-routing over and above the expense which would have been
incurred except for Grantee's use herein.
6. This license is made subject to the condition that should the Grantee, its successors or "
assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents,
s ervants, and employees harmless from any and all claims, demands, actions, suits, at low
or in equity of whatsoever kind or nature which may grow out of or be related to the making of
this license or maintenance herein contemplated, and will further replace or repair any damage
and pay in fill all losses or expenses that the City of Lubbock may sustain, incur, or become
liable for resenting in any manner from the maintenenace and use permitted herein. City,
at its option, may require an agreement with any contractors hired by Grantees to perform the
repair or maintenance permitted herein, which agreement will indemnify the City from an against
all claims, liability cost and expense growing out of the performance of the work to be done
by such contractor. i'he City may further require such contractor to furnish without expense to
City a reliable surety bond, in an amount and in the form satisfactory to said City, guarantee-
ing the faithful performance of all the terms, covenants, and conditions contained in said
agreement and a certified copy of a policy of public liability and property damage insurance
within limits specified by, and in a form satisfactory to, said City, covering the contractual
liability assumed by Contractor in said agreement with City.
7. At such time as this license should be canceled or revoked for any reason, the improve-
ments that are permitted under this license shall be removed by the Grantee and the property
restored to its original condition at no cost or expense to the City of Lubbock; nor shall
the City be liable to Grantee for loss in revenue or loss in value of equipment occasioned by
s uch removal. In the event Grantee fails or refuses to remove such improvements after demand
by City, the City shall enter possession, and remove or cause to be removed such improvements
and the expense incurrred shall be assissed against Grantee for which Grantee shall be
liable.
8. All of the covenants and provisions of this license shall be binding upon and inure to the
benefit of the successors, legal representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as the same are binding upon and
inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, its succes-
sors or.assigns, shall be binding upon the City of Lubbock without the consent of the City
of Lubbock in each instance.
9. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no
interest, title or rights of possession are intended or implied except those expressly set
forth herein and Grantee waives any and all claims in and to the public way he is permitted
to use hereby and agrees to give peaceful possession of said property covered upon termination
or cancellation of this license.
CI BOCK
3:-'H. Granberr Mayor
�. ATTEST:
Lavenia Lowe, City Secretary -Treasurer
I
Cl
AGREED TO AND ACCEPTED THIS DAY OF
, 1972.
L
L
L
L
L
ATTEST:
PHILLIPS PETROLEUM COMPANY
G. J. Morrison, Vice -President
72-31-69-187 Motion was made by Councilman Rigsby, seonded by Councilman Hollingsworth, motion carried
(42) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none
voting Nay, to pass Ordinance No. 6318 on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 6318
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate
certain specific funds out of bond funds for an apprgved project; widening of University Ave.
NOW THEREFORE,
BE IT ORDAINEC BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund,,,to-wit: Street
Improvments pond fund 76-6061-551
The Sum $16,229.00
For the following purpose: 2501-42nd St (Lot 1 Block 1, Gandy Heights Addi.)
Land Award ..................$15,000.00
Moving Expense., ..... * .... *.$ 500.00
Tedimony.... ................ $ 260.00
Court Cos. ..................$ 150.60
Incidental Court............$ 40.00
Appraisals ..................$ 200.00
Closing .....................$ -- 139.00
Total ................ a... ... $16,229.00
72-31-69-188 February 15, 1972
(44)
The City of Lubbock
Lubbock, Texas
Gentlemen :
I am the realtor representing H.A. Krizan who is the owner of Lot Seven (7), Block
Eleven (11), Tech Gardens Addition, Lubbock, Texas, situated at 3116 Dartmouth.
Mr., Krizan is selling the property and the purchaser is obtaining a loan through First
Federal Savings and Loan Association of Lubbock, and which is being insured by the Veterand
Administration.
A survey of the property determined that a concrete block outbuilding is encroaching
1.7 feet into the alley. Before the Veterans Administration will approve this loan, it will
be necessary for the City of Lubbock to give a letter stating that the City does not object
to the encroachment of this building into the alley.
When this addition was originally platted therewas no alley dedicated at that time
Mr. Krizan tells me that this concrete building had already been constructed upon the lot.
Thereafter the City requested and obtained from Mr. Krizan a Seven and one -bald (V) foot
alley dedication which conflicted with the location of this building as indicated.
J. E. MURFEE & SONS
By /s/ Harold Burkhalter
Harold Burkhalter
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an Alley Use License in favor of H. A. Krizan, attached,
herewith which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 24th day of February, 1972.
ATTEST•
_ rrld
Lavenia Lowe, City Secretary -Treasurer
.:J. H. GRANBERRY YQR
ALLEY USE LICENSE
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
This indenture made this 24th day of February, 1972, between the CITY OF LUBBOCK, TEXAS,
a Home Rule Municipal Corporation, and H.A. KRIZAN, of Lubbock County, Texas, hereinafter
called "LICENSEE."
WITNESS ETfi
Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby
grant to the LICENSEE, its successors and assigns, the right, privilege and license to continue
to occupy a portion of the alley adjacent to his property, a description of the portion of alley
to be used is described as follows:
BEGINNING at a point 22.1 feet West of the Northeast
corner of Lot 7, Block 11, Tech Gardens Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE North 1.7 feet to a point;
THENCE West 16.5 feet to a point;
THENCE South 1.7 feet to a point;
THENCE East 16.5 feet to the PLACE OF BEGINNING,
1. The terms of this grant shall be from year to year not to exceed twenty �20) years
without renewal by -the City Council, and the CITY OF LUBBOCK retains the right, as its elections
to cancel -and revoke this -license, with or without cause, upon thirty (30) days notice to
LICENSEE.- Said notice shall: -be deemed property served if deposited in the Post Office,
postage paid, addressed -to -LICENSEE -at 3116 Dartmouth, Lubbock, Texas.
Upon expiration -or -cancellation and revocation of this license by the CITY OF LUBBOCK
or the abandonment -of -this -license -by -the LICENSEE, the improvements t1a t are permitted under
this license shall be -removed by -the -LICENSEE and the property shall be restored to its original
condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses
to remove such improvements after demanded by the CITY OF LUBBOCK, THE CITY OF LUBBOCK shall
enter possession, and remove or cause to be removed such improvements and theeexpense incurred
shhll be assessed against LICENSEE for which LICENSEE shall be liable.
2. Prior to any construction as authorized by this license, the LICENSEE shall submit
t o the City Engineer plans and spcifications for the construction to be done, and the LICENSEE
shall not commence construction until such plans and spefffications are approved by the City
Engineer.
3. The LICENSEE agrees to pay all costs arising out of the exercise of the license
herein granted, including but not limited to the replacement and repairing of paving, sidewalks
and utilities of any nature occasioned by the construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that -the existence of such use interfers
with or causes the re-routing or re -alignment of any public utility, franchised utility,
or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCt, or such utility,
as the case may be, for its expense of such re -locating over and above the expense which would
have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first receivicg the written
c onsent of the City Manager of the CITY OF LUBBOCK.
V. This license is made subject to the condition that should the LICENSEE exercise any
right under the license herein granted and prepare or begin or commence any part of the
construction'as,herein contemplated across any or all of the above set out property, then and
in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and
otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any
and all claims, demands actions, causes of action, sutis at law or in equity of whatsoever
kind or nature which may grow out of or be related to the making of this license or the
construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may
require an agreement wi h any contractors hired by LICENSEE to perform the construction, repair
or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and i
against all claims, liability, cost and expense growing out of the performance of the work to
be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when
engaged in the construction, repair or maintenance permitted herein, to furnish, without
expense to the RITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory
to sia CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and
-onditions contained in said agreement and a certified copy of a policy of public liability
assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK
agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment
of any such claims or demand in order to give LICENSEE a reasonable opportunity to settle or
adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability and property
damage insurance, within limits specified by, and in a form satisfactory to the City Attorney
for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, dAidpolicy
covering the uses herein granted.
L
1
iLl
1
8. All of the covenants and provisions of this license shall be binding upon and inure
to. the benefit of the successors, legal representative, assigns and the duly authorized agents
and contractors of the parties hereto to the same extend and effect as -the same are binding upon
and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE his
heirs or assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance except as specified in Paragrpah 5.
9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that
no interest, title or rights of possession are ,intended or implied except those expressly set
forth herein and LICENSEE waives any and all claims in -and to the public way it is permitted to
use hereby and agrees to give peaceful possession of said property covered herein upon termina-.L
tionor cancellation of this license.
ATTEST:
f
Lave a owe, Ci4 Secr tary-Treasurer
CITY OR ZLUBB
I
J. H. GRANBERRY, MA
r
AGREED TO AND ACCEPTED THIS 24th DAY OF February, 1972.
LICENSEE: H. A. KRIZAN
S
72-31-71-189 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(49)• Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Director of Aviation of the City of Lubbock be and is hereby authorized and
d irected to execute a lease agreement between the City of Lubbock and Industrial Metalcraft
Company, covering lease of property at Lubbock Regional Air Terminal, attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of February, 1972.
ATTEST :
i
Lavenia Lowe, City Secret ry-Treasurer
NON -AERONAUTICAL LEASE
STATE OF TEXAS
COUNTY ,OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
J. H. GRANBERRY,
THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock acting
by and thiough the Lubbock Municipal Airport Board, hereinafter called "CITY", and Industrial
Metaleraft Company, Inc., a Texas Corporation domiciled at Lubbock, Lubbock County, Texas, herein
after called 'LESSEE"; WITNESSETH:
WHEREAS., the CITY owns and operates a public airport designated as Lubbock Municipal
Airport herein called "AIRPORT", and subject to provisions of Chapter 3 of the Code of Ordinances
of the City of Lubbock, has authorized its Director of Aviation and/or Airport Manager to
execute this instrument; and
WHEREAS, the LESSEE desires to use the following described tract of land for the purpose
of constructing a building and operating a sborage and manufacturing enterprise, and has
requested a lease to use said property for such purposes'subject to'all taws and applicable rules
regulations and ordinancespof the City of Lubbock pertaining to'the Lubbock Municipal Airport;
and,
WHEREAS, the CITY reserves the right to take any action it considers necessary to protect
the aerial approaches of the Airport against obstruction, together with the right to prevent
LESSEE from erecting or permitting to be erected any building or other structure on the Airport
which in the opinion of the CITY would limit the usefulness of the Airport or constitute a hazard
to aircraft; and --
j
WHEREAS, the -Airport Board has determined tha t it is in the public interest that the LESSEE
8hould�have.the privilege of engaging in such activities at the'Airport; 11
NOW THEREFORE, in consideration of the premises, the convenants and agreements herein
contained and other valuable consideration'the AIRPORT BOARD authorizes the LESSEE to exercise
the rights, powers and privileges heeeinafter set forth and does hereby lease to the LESSEE
the premises hereinafter described in Exhibit "A" and designated At Tract A and Exhibit "B"
designating Tract B, both Exhibits attached hereto and made a part hereof for all ptirposes
and considerations.
The term of this lease, as to both Tract A and Tract B as set out on Exhibit "A" and "B"
shall be for a period of five (5) years beginning March 1, 1972, and extedding and ending
February 28, 1977, for the following consideration payable to the City of Lubbock at Lubbock,
Texas, to -wit: the annual rental on Tract A is $2,691.00 per year payable monthly in
advance on or before the loth day of each and every month in equal monthly installments of
$224.25 for the initial period beginning March 1, 1972. and ending February 28,.- 1977: and,
the annual rental on Tract B is $468.00 per year payable maonthly in advance on or before the
lGth day of each and every month in equal monthly installments of'$39.00 per month for the
initial period beginning March 1, 1972, and ending February 28, 1977.
For and in consideration of the premises and of the recitals in this agreement, the LESSOR
does hereby grant the LESSEE the option to renew this lease agreement for an additional five I�
(5) years commending on the lst day of March 1977, and ending on February 28, 1982, said option
is granted as to both Tract A and Tract B for the same consideration is heretofore set out
above. Said option is exercisable at the instance of LESSEE after first notifing the LESSOR
in -writing thirty (30) days before expiration of the primary term.
All rights, privileges and interests acquired herein by LESSEE, at the option of the CITY,
follo Ong written notice of thirty (30) days, may be suspended or finally terminated if such
suspension or termination if found by the CITY, acting in good faith, to be necessary to
secure federal financial aid for the development of the Airport, or further development and
provision of aeronautical operations thereon.
In the event it is necessary for the CITY to tkae the subject premises for futhre develop-
ment or for aeronautical operations, the CITY will make every reasonable effort to provide a
relocation site for LESSEE on airport property near an access road and a railroad spur. The
terms of the lease at such relocation site, if such is agreed upon, shall be negotiated be-
tween the panties.
This lease is granted subject to the following provisions and conditions:
1. That the Lease herein granted is subject to any and all applicable laws, ordinances,
rules and regulations pertaining to the Lubbock Municipal Airport.
2. LESSEE is specifically given the right to fence the property and to erect buildings
on the property whdch.shall remain the property of the LESSEE and which may be removed by
LESSEE at the expiration or termination of this lease agreement provided, however, that LESSEE
is not in arrears on any rental or utility payments to the CITY and provided, further, that
the LESSEE shall restore the premises to the same conditions existing at the commencement
of the lease contract, normal wear and tear and damage by the elements excepted.
3. The LESSEE agrees that it drill, at all times during the term of this lease maintain
in good and serviceable condition all land, improvements, facilities and equipment included here-
in, ordinanry wear and tear excepted, such maintenance to be the sole responsibiltiy and
obligation of the LESSEE.
4. That, except as herein provided, any property of the CITY, or for which the CITY may
b e $esponsible damaged or destroyed incident to the exercise of the privileges herein granted
shall be properly repaired or replaced by the LESSEE to the satisfaction of the CITY and its
authorized representatiog, or in lieu of such repair or replacement the LESSEE shall pay to
the CITY money in any amount deemed sufficient ty the governing body'of the CITY to compendate
for the loss sustained by the CITY by reason of theloss, of damage to, or destruction of such
property.
5. LESSEE agrees to indemnify, defend and forever save the Airport Board and CITY, their
authorized agents, representatives, and employees, harmless from and against any anddall
penalties, liability, annoyances, or loss resulting for claims or court action of any nature
a rising directly or indirectly out of acts or ommissions of the LESSEE, his agents, servants,
guests, employtees, or business visitors under this Agreement.
6. The LESSEE shall procure and carry with insurers,authorized to do business in the
State of Texas and satisfactory fo the CITY, and at its own expense, insurance in the form and
amount hereinafter stated on the said property, together with such other forms of insurance
necessarily required by the city, dating from the affective date of this lease.
REQUIRED INSURANCE: Public Liability - $50,000/$100,000 and Property Damage $50,000
7. the LESSEE shall assume responsibility
and public utility charges becoming due on the
lease. The LESSEE agrees to pay all claims or
power, sewage disposal, and any other services
the property or any part thereof.
8. That'on or before the date of
lease, the LESSEE shall as required by
the LESSEE and grant the CITY, vacate
grant the CITY peaceful possession.
for the payments of the taxes and assessments
property from the date of .aacceptance of this
damages for or on account of water, lights, heat,
or utilities furnished to or with respect to
1
Ill
expgration of this Lease or its relinquishment of this
the CITY, vacate said premises, remove all property of
said premises, remove all property of the LESSEE and _ - -
11
L
L
L
L
9. The LESSEE agrees that in the performance of this instrument, it will comply with
a nd give all stipulations and representations required by the CITY and all other applicable
laws and that in the performance of this lease it will not discriminate against any employee
or applicant for employment because'of race, creed, color or racial origin.
10. The LESSEE warrants that it has not employed any person employed by the CITY to
solicit or secure this lease upon any agYeement for a commission, percentage, brokerage, or
contigent fee.
11. The LESSEE shall have the right to sublet the premises to any satisfactory tenant
upon written consent of the Airport Board.
12. The failure of the CITY or the Director of Aviation to insist on any one or more
instances upon performances of any one or more instances upon performance of any of the terms
or conditions of this lease shall not be construed as a waiver or relinguishment of the future
performance of any such term br condition but the LESSEE'S obligation with respect to such
future performance shall continue in full force and effect.
13. The obligation of the LESSEE to maintain the property and to restore the same
to its present condition shall extend not only to the.property hereinabove described but to the
adjacent streets and roadways used for ingress and egress to said property, except for ordinary
wear and tear occasioned -by normal and customary uses.
14. LESSEE agrees that the CITY Shall have, and it hereby grants the CITY, a lien on all
LESSEE'S property of whatsoever nature placed in or upon the premises, to guarantee the payment
of any and all arrearagps.
ESECI D IN TRIPLICATE this 24th day of February, 1972.
WITNESS: LUBBOCK MUNICIPAL AIRPORT BOARD
/s/ KathyBelt
APPROVED:
A Lsl Fred 0, Senter, Jr.
City Attorney
Zs/ Marvin W. Coffee ..
Director of Aviation
INDUSTRIAL METALURAFT COMPANY, IINO,
Bx_:/sG. H. Husky
G. A. Husky b
Execute Vice- President
i
I '
72-31-73-190 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor
(50) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to pass Ordinance No. 6319 on first reading:
ORDINANCE NO. 6319
AN ORDINANCE AMENDING SECTION 10-6 OF CHAPTER 10 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK BY PROVIDING A NEW VOTING PLACE FOR VOTING PRECINCT NO. 49; PROVIDING A SAVINGS CLAUSE ,
AND PROVIDING FOR PUBLICATION.
i
72-31-73-191 The City Council considered the claim of Mrs. Evelyn J. Lucky for Property Damage in the amount]
(50a) of $52.57. After consideration of all information presented, motion was made by Councilman
Rigsby, seconded by Councilman Turner, notion carried, Mayor Granberry and Councilmen Rigsby,
Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny the claim of Mrs. Rvelyn '
J. Lucky.
72-31-73-192 The City Council considered the claim of W. P. Chandler for Property Damage in the amount of
(50b) $35.50. After consideration of all information presented, motion was made by Councilman
Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilman Rigsby,
Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny the claim of W. P. Chandler..
72-31-73-193 The City Council conaidered-ihe claim of C. C. Reeves, Jr. for property Damage in the amount
('50c) of $90.00. After consideration -of all information presented, motion was made by Councilman
Turner, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby,
Hollingsworth, Baker and Turner voting yea, none voting Nay, to deny the claim of C. C. it
Reeves, Jr.
72-31-73-194 The City Council considered the claim of Ronald Alan Perkins for Property Damage in the amount
(50d) of $100.00. After consideration of all information presented, motion was made by Councilman
Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilman
Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny the claim of
Ronaly Alan Perkins
72-31;i73-195 The City Council considered the claim of Alice Koonsman for Personal Injury and Death of Elvis
(50e) Louis Hatley.in-the amount'of $50,000. After consideration of all information presented
motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried,
Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, to deny the claim of Alice Koonsman.
72-31-73-196
The City Council considered the claim
of -Mrs. Katie Pulliam for Property
Damage in the Amount
(50g)
of $1,225.00. After consideration of
all information presented, motion was made by Councilman ;
Rigsby, seconded by Councilman Baker,
motion carried, Mayor Granberry and Councilmen Rigsby,
Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny the
claim of Mrs. Katie
'Pulliam.
72-31-73-197
The City Council considered the claim
of Frank Perez for Property Damage
in the amount of $149.7.
(50H)
After consideration of all information presented, motion was made by Councilman Rigsby, seconded
by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth,
Baker and Turner voting Yea, none voting Nay, to deny the claim of Frank Perez.
72-31--74-198
(51)
72-31-74-200
(52)
72-31-74-201
(53)
72-31-74-202
(54)
72-31-74-203
(55)
The following bids were received for the purchase of miscellaneous electric items for ware-
house•stock, being Bid No. 1926.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded
by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rispby, Hollingsworth,
Baker and Turner voting Yea, none voting Nay, to accept the bid of Southwestern Electric it
Supply Company for the purchase of Items Land 9; accept the bid of Nelson Electric Supply
Company for the purchase of Items 2 and 8; accept ohs bid of General Electric Supply Company
for the purchase of Items 3 and 4; accept the bid of Temple Incorporated for the purchase of
Teems 6, 7 and 10. Tie bids were received from Fields and Company and Nelson Electric
Supply Company for the purchase of Item 5, Lot was drawn and the bid of Fields and Company
was accepted. Tie bids were received from Temple Incorporated and.Fields and Company for
the purchase'of Item 11. Lot was drawn and the bid of Temple Incorporated was accepted for
the purchase of Item 11.
The following bids were received for the purchase of switchyard materials and steel structure
material for Holly Avenue Plant, being Bids No. 1890 and 1891.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Baker, seconded by
Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth,
Baker and Turner voting Yea, none voting Nay, to accept the bid of General Electric Supply
Company for materials for switchyard addition; and accept the bid of Flint Steel, Tulsa,
@kJahoma, for the purchase of steel structures for switchyard addition at Holly Avenue Plant.
The following bids were received for the purchase of sprinkler systems for Neil Wright and
Parkway Parks, being bid No. 1885.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded
by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth,
Baker and Turner voting Yea, none voting Nay, to accept the bid of Plains Utility for the pur-
chase of sprinkler systems for Neil Wright and Parkway Parks, j
The following bids were received for the purchase of compressor building at 23rd Street and
Quaker Avenue, being Bid No. 1921.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilman Turner, seconded by
Councilman Baker, mdton carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker
and Turner voting Yea, none voting Way, to accept the bid of Wards Construction Company for
compressor building at 23rd Street and Quaker Avenue.
NOTICE TO BIDDERS
UNIVERSITY AVENUE STORM SEWER
AND
AVENUE "A" STORM SEWER
Sealed proposals addressed to the City Council of Lubbock, Texas, will be received
at the office of the Purchasing Agent until 2:00 P.M. February 18, 1972, for staam sewer
construction consisting of furnishing and installing approximately 400 feet of 54", 945 feet
of 42", 330 feet of 36", and 655 feet of 30" approved Concrete Conduit, together with the
other necessary appurtenances to be used in connection with the University Avenue Storm Sewer
' Project and approximately 275 L.F. of 84" R.C.P. or 87V metal pipe to be used in connection
with the Avenue "A? Storm Sewer Project.
The City Council will consider the bids February 24, 1972., at the City Hall, subject
to the right to reject any or bll bids and to waive formalities. Bids may not withdrawn afterI
they are submitted. Bidders are required to submit a cashiers or certified check or bid bond
in the amount of 5pct. of the total bid and the successful bidder shall provide bond in the
full amount of the contract prive executed by a surety company. authorized to do business in
Texas. P
Plans and specifications are on file in the office of the City Engineer, Lubbock, Texas
CITY OF LUBBOCK, TEXAS
i By: Floyd Nesbitt
Purchasing Agent
City of Lubbock, Texas
In accordance with the above Notice to Bidders, the following bids were received for storm
sewer on University Avenue and Avenue A, being Bid No. 1918.
Bid Tabulation Set in Bid Book.
After consideration of all bids received, motion was made by Councilman Rigsby, seconded
by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth,
Baker and Turner voting Yeq none voting Nay, to accept the bid of Panhandle Construction
Company for storm sewers on University Avenue and Avenue A.
I
El
72-31-76-206 The following bids were received for sale of land at 33rd Street and University Avenue (Parcel
(38) # 1), being Bid No. 1856:
Tommy G. Cantrell $6,001.00
J. W. Reid $3,320.00
H. Lynn Mercer $2,700.00
Forrest Lumber $1.050.00
After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded
by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth,
Baker and Turner voting Ye4, none voting Nay, to reject all bids.
72-31-76-207 The following bids were received for sale of land at 25th Street and Indiana Avenue (Parcel
(39) # 2), being Bid No. 1856.
Forrest Lumber Company $650.00
After consideration of all bids received, motion was made by Councilman Hollingsworth,
seconded by Councilman Rigsby, isotion carried, Mayor Granberry and Councilmen Rigsby,
Hollingsworth, Baker and Turner voting Yea, none voting Nay, to reject all bids.
72-31-76-208 The City Council considered sale of Lots 5 and 6, Block 1, Ellwood Place Addition. It was
(43) unanimously agreed to hold this item for consideration at a later date.
72-3I-76-209 The City Council considered a working agreement with the Meadowbrook Golf Professional.
(46) After consideration of all information presented, motion was made by Councilman Hollingsworth,
seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollings-
worth Baker and Turner voting Yea, none voting Nay, to authorize the Mayor to enter into
Golf Professional Agreement with John J. McClure.
GOLF PROFESSIONAL AGREEMENT
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
This agreement entered into this day between the CITY OF LUBBOCK, hereinafter called
"CITY" and JOHN J. MCCLURE, hereinafter called "PROFESSIONAL", to provide for services to
b e performed and compensation to be paid for the management and golf professional duties
rendered at Meadowbrook Municipal Golf Course owned and operated by the City of Lubbock.
WITNESSETH:
WHEREAS, the PROFESSIONAL, has been employed'by the CITY in the capacity of golf course
manager and golf professional for Meadowbrook Municipal Golf Course at the annual salary
of $11,100.00, plus a sum, not to exceed $1,200.00 annually to be paid by the CITY, in equal
monthly installments, to the Professional Golfer's Association as contribution to its
Pension Plan at the rate of $50.00 per month per PGA member on behalf of the PROFESSIONAL
and such assistant golf professional as may be designated by the PROFESSIONAL.
The salary to be paid to the PROFESSIONAL shall be paid in the same manner -as other city
employees and the PROFESSIONAL shall be entitled to the sa benefits as other city employe
and shall be bound by the same regulations; further, it shall root be interpreted or implied
that the PROFESSIONAL has received rights under this contract that are contrary to the City
Charter, City Code or City Regulations, in particular, this employment shall not be for a
stated period of time. The PROFESSIONAL shall have responsibility and authority over the
golf course as the manager and shall perform all duties assigned or necessary to its proper
operation; and,
WHEREAS, the City and the PROFESSIONAL desire to enter into this agreement setting out
the responsibilities and division of income received from use of the golf course and its
facilities and the services performed by the PROFESSIONAL as an independent contractor;
-1. This agreement is separate and apart from the employment of the PROFESSIONAL by the
CITY but the compensation received theteby is considered in the payment for the services
herein.
2. This agreement shall continue for a period of five (5) years from the date operation
stated herein commence in the new clubhouse unless terminated by agreement of the parties
hereto, failure of performance by either party or the termination of employment of the
PROFESSIONAL before the full term of this agreement.
3. The PROFESSIONAL shall keep such books of accounts and records shall be open, at
all reasonalbe times, to inspection by representives of the City Manager or the Finance
Director of the City. In addition, the CITY may make an annual audit of such accounts and
funds by its internal auditor and/or its independent auditor and the PROFESSIONAL shall
furnish an annual certification, by the PROFESSIONRL'S auditor, of the income of the
driving range, plus certification of the number of golf rounds and golf cart rounds.
4. The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of
operating a pro shop, giving golf instructions, repair and'storage of golf equipment, rental
of golf carts, golf cars, golf equipment. Any othro- golf related concession or service that
the PROFESSIONAL may wish to install at his cost or he may wish to pro vide which is not
in competition with the concessions and services from which the CITY received income as
provided in this contract shall be subject to negotiation between the CITY and the PROFESSION-
AL.
I�
FEB z4 1911-
72-31-75-204 NOTICE OF PUBLIC HEARING
�! (16)
Notice is hereby given of a Public Hearing to be held by the City Council of the City of
Lubbock on,February 24, 1972, at 1:30 p.m. The public, hearing shall be held in the Lubbock
Municipal Autitorium on the Texas Tech Campus. This location was chosen to accomodate the
anticipated number of interested persons.
The purpose of the public hearing is to afford all interested persons the opportunity to present,
arguments for or against the repeal of Ordinance No. 6222 of the City of Lubbock, the caption
of such ordinance reads as follows:
"AN ORDINANCEF AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK ENTITLED
"GARBAGE, TRASH, WEEDS AND BRUSH", BY ADDING THERETO A NEW SECTION 14-7.3, PROVIDING FOR A
CHARGE FOR GARBAGE COLLECTION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR BILLING AND COLLECTION
PROVIDING FOR EXCEPTIONS; PROVIDING FOR BILLING AND COLLECTION OF GARBAGE CHARGES; AMENDING
S ECTION 14-23 THEREOF TO PROVIDE FOR DUMPGROUND FEE; PROVIDING AN EFFECTIVE DATE FOR INSTITU-
TION OF THIS GARBAGE CHARGE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING
AN EMERGENCY."
Notice mailed to the Referring Committee this 16th day of February, 1972.
i
La enia Lowe, C ty Sec etary
City of Lubbock, Texas
'The Referring Committee b6:hdg as follows:
Mrs.
Bob Schmidt
5405
16th
Place
Mrs.
Martin Kyre
3409
57th
Street
Mrs.
Richard McGowan
3102
20th
Street
Mrs.
Emerson Tucker
2400
44th
Street
Mrs.
David Cummins
6511
Peoria
Mrs.
Dudley Smith
5401
28th
Street
Mrs.
Hill Baggett
3709
39th
Street
Mrs
Duane Jordan
3419
62nd
Street
Lr
In accordance with the above otice of Public Hearing, hearing was held at the Lubbock Municipal
Auditorium at 1:30 p.m. on FeBruary 24, 1972. Approximately 200 persons were present for this
hearing. The following persons appeared and spoke at this hearing:
Mfrs. Duane Jordan
3419
62nd Street
Maurica L. Richard, Jr.
2901
E Colgate
Dan Higgins
2602
31st Street
Sarah Crawford
1803
Avenue B
Harvey H. Madison, Jr.
2903
3rd Place #F22
Nephtalie DeLeon
2.907
2nd Street
Elizabeth Rodrick
4806
17th Street
Theodore J. Taylor
4507
48th Street
Mach Wigley
4302
17th Street
Jean Wicker
3812
47th Street
Judith Gibson
3408
42nd Street
Barbara Halliburton
2711
54th Street
Helen A. Johnson
2712
E 9th Street
Tom Burtis
3706
47th Street
Ima Kuykendall
3502
42nd Street
Dr. Roland Smith
6503
Peoria
Dr. Brent Roper
3434
53rd Street
Flora A. Humphrey
3402
49th Street
Mrs. B. B. Gillean
2004
Avenue K
Sister Regina Foppe
1602
1st Street
Mrs. Judson Maynard
4025
49th Street
Ann Coleman
2511
22nd Street
i Mrs. Ruby Atwood
2509
33rd Street
R. L. Isom, Jr.
2016
69th Street
James G. Marshall
2217
24th Street
No other person appeared
to speak
at this hearing, all information presented being taken
under underadvisement, whereupon,
Mayor Granberry announced that the bearing was closed and
adjourned the City Council
meeting
of this date, being February 24, 1972.
72-31-75-205 Motion was made by Councilman
Rigsby, seconded by Councilman Hollingsworth, motion carried,
(31) Mayor Granberry and Councilmen
Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
i Nay, to pass Ordinance No.
6320 on
first reading.
M APPROPRIATION ORDINANCE
ORDINANCE NO. 6320
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer-
tain specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Storm Sewer
Improvement
The sum $122,065.00
For the following purpose: Storm Sewer: 1. University - 50th Street
2. University - 46th to 40th Street
3. Avenue A & 48th Street - 300 feet West on Mr. Cone's
tic. ,• 1,711
5. The CITY retains and shall receive the income from gresnfees and memberships, lease
o f the snack bar, lease of golf lockers and lease of the barber shop. The PROFESSIONAL
shall not cobbrol or supervise the leased snack bar or barber shop, but he shdl, in his
capacity as manager of the golf course, regularly inspect these leased facilities and report
any violations of the lease or objectionable to the CITY.
6. The gross income from the driving range shall be divided as follows; 85% to the
PROFESSIONAL and 15% to the CITY with division and payment made monthly.
7. for tte privileges and consessions granted herein the PROFESSIONAL shall pay to the
CITY the sum of $9,000.00 per year, paid in equal monthly payments on the loth day of each
month, and in addition, either.$1.00 per paid golf car round annually (a round being 18 holes)
of every round over 9500 or $0.15 per round of golf over 60,000 rounds annually, whichever
dollar amount is greater, with such payment to be made at the end of each 12 months during
the duration &f the duration of this agreement. The 12 .-mobths period on which accounts
and payments are based shall be the fiscal year of the CITY;/ except however, the first
accounting and payment shall be based on the remainder of the fiscal year, with the number
of rounds figured on a full preceding 12 months.
8. the PROFESSIONAL shall operate in a safe condition, at his own expense, any area used
for his concession operations and shall hold the CITY harmless from any liability that might a
arise Xrom the operations of such concessions whether contractual or arising from: any accident
occurring in the performance of his concession, the use by any patron or vistor to the
PROFESSIONAL'S concession or any employee he may 8mployor service or trades person doing
business with such concesson. The PROFESSIONAL shall maintain insurnace, in a sum not less that
$100,000.00 per person and $300,000.00 per accident naming the CITY as an insured party.
The CITY shall not hold the PROFESSIONAL liable, in his capacity as a concession operator,
for any liability incurred by accidents away from the concession or instruction area unless suc
accident occured in the course of concession or instruction activity.
9. In order to promote the continuity of services to the golfing public of the City of
Lubbock and to encourage a high standard of automotive golf car operation and a golf shop con-
sistent with the needs of the golfing public by the PROFESSIONAL during the term hereof, it
is mutually agreed as follows:
That this contract for the services of the golf PROFESSIONAL shall be reviewed by the
CITY one year prior to its termination date. Such review shall be for the purpose of
extending the term hereof for an additional two year period and to negotiate the terms of the
iextended contract. Such review and negotiations shall reach a mutually satisfactory decision
as to whether or not a contract shall be renewed for at least an additional two years, by
January:l; 1977, or it shall be conclusively established that this contract will not be
renewed and shall terminate on its 5th anniversary date. Such notice and the time therefore,
shall be distinct from the notice to be given for termination for cause as set forth in
Paragrpph 13.
10.E In the event this contract for the services of a GOLF PROFESSIONAL is terminted by
the CITY then CITY agrees to recommend to the successor that he purchaselthe inventory of mer
chandise,and golf equipment and automotive golf -cars owned by PROFESSIONA , upon the following
formula : '
A. All inventory of merchandise and golf equipment shall be the invoice cost or
depreciated value, whichever is less, depreciated value, if not agreed upon by the parties in-
volved, shall be determined by each party securing two separate appraisals of the property
of unagreed value from golf professionals, and the average of the average of the four
appraisals secured shall be the cost thereof to the successor.
11. Upon termination of this agreement the PROFESSIONAL may remove all concession
wares, goods and equipment which he owns or has an consignment along with all equipment,
display cases and fixtures which are not permanently attached to the premises. The premises
shall be restored in good order acceptabel to the CITY, normal wear and depereation excepted,
upon removal of such goods and equipment.
12. This contract may not be assigned in any way without the prior written consent of th
CITY.
- 13. Written notices to be given under the terms of this contract shall be by Certified
Mail, Repurn Receipt Requested, to each party at the following addresses.
City of Lubbock
Att: City Manager
P.O. Box 2000
Lubbock, Texas 79457
Mr, John McClure
P.O. Box 1394
Lubbock, Texas 79408
Notice of termination by reason of failure of performance or termination of employment of
the PROFESSIONAL shall be given to the other party with the date of termination to be
30 days from date -of notice.
EXECUTED THIS 24th DAY OF February, 1972.
i
P.,:t H.w GRANBERR MAYOR
ATTEST:
I
Lave is Lowe, City ecr ary-Treasaser
�� ,.. ._ -
- -=_ - ---- -- ..._ v
��
I
-. I
.x
�, -
� _
xi
_ � a
' � - � � - it
ti+
L
L
L
L
APPROVED AS TO FORM:
/s/ Fred 0. Senter
Bred 0., Senter, Jr., City Attorney
John J. McClure
72-31-79-210 The City Council considered suppldrment to the Parks and Recreation Department budget to cover
(47) losses incurred in warehouse fire. Motion wag made by Councilman Rigsby, seconded by Council-
man Baker, motion cartied, Mayor Granberry.and Councilmen Rigsby, Hollingsworth, Baker and Tur
voting Yea, none voting Nay, to authorize suppl6ment to the Parks and Recreation Department
1971-72 budget from Unappropriated Surplus Funds to the following accounts:
-10-50.48-213
$2 , 400.00
10-5048-315
350.00
10-5041-221
181.00
10-5041-229
350.00
10-5041g232
500.00
10-5041-234
.4 ,138.00
10-5041-314
1,803.00
10-5041-321
34266.00
10-5041-332
445.00
$11, 373.00
72-31-79-211 Motion was made by Councilman Hollingsworth, secondedby Councilman Rigsby, motion carried,
(47a). Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Joint Resolution be passed.
JOINT RESOLUTION
Whereas,the County of Lubbock has experienced continuous growth both in the City of Lubbock
and the suburban areas around the City, and
Whereas development within these suburban areas has been served by individual or subdivision
water and sanitary systems and not by state or city approved systems: and
Whereas the health of all citizens within the city and the adjoining suburbs is of major cone
to the County and City of Lubbock; NOW THEREFORE,
BE IT RESOLVED BY THE COMUSSIONE€R COURT OF THE COUNTY OF LUBBOCK AND THE CITY COUNCIL OF
LUBBOCK:L
This the Legislature of the State of Texas be and is. -hereby requested to enact general
legislation for all cities and counties or special legislation for the cities and counties in
the population bracket with Lubbock County which will establish safeguards for these suburban
citizens to prevent possible contamination of water systems by setting forth requirements for
individual and subdivision water supplies; establishing enforceable standards for sanitation
facilities and sewage disposal; directing inspection and enforcement of these requirements by
the appropriate state, county or local authority;
That copies of this Joint Resolution be sent to the Governor of the State of Texas, Lieutenant
Governor, Speaker of the House of Representatives and members of the Lubbock and surrounding
area delegation in the Texas Senat and the House of Representatives urging all such elected
officials to support such legislation in the interest of the health, safety and continued grow
of our suburban areas in the State of Texas.
Passed by the Commissioners Court of the County of Lubbock, Texas this 24th day of February,
1972.
RODERICK L. SHAW, County Judge
assed by the City Council of Lubbock this 24th day of February, ;197
J. e4-v�
H. GRANBERRY, YOR
ATTEST: r..
O.'r- 0 A 0—'
Laveni -Treasurer
72-31-79-212 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor
(28) Granberry and Councilmen R*gsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
that the following Resolution be passed.
RESOLUTION
WHEREAS, the City of Lubbock has applied and received a grant from the Economic Develop-
ment Administration; and
WHEREAS, theCity of Lubbock has entered into an agreement With Dr. Robert Amason to
administer and provide plans called for in such project; and
WHEREAS, such project budget provides for consultant services; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized to enter into an
AGREEMENT between the City of Lubbock and The Fantus Company covering consulting services in
connection with the EDA project;
THAT the City Council hereby approves the amendments to the budget ma& a part of such
technical assistance grant.
Passed by the City Council this 24th day of February, 1972.
H. GRANS , YOR
ATTEST:
d
Lavenia Lowe, City Secretary -Treasurer
CONTRACT FOR SERVICES UNDER
EDA TECHNICAL ASSISTANCE GRANT
THIS Agreement entered into between the City of Lubbock hereinafter called CITY and The
Fantus Company hereinafter called Consultant for the purpose of providing professional con-
sulting services as authorized by a grant from the Economic Development Administration to
the City of Lubbock.
WITNESSETH
WHEREAS, the City of Lubbock has applied for and received from the Economic Development
Administration a Grant for the purpose of reducing unemployment and underemployment in
tornado damaged Lubbock; and,
WHEREAS, the City of Lubbock has entered into a contract for services with Dr. Robert
Amason to administer and provide plans called for in such project and such contract provides
that consulting services may be secured;
NOW THEREFORE, the City of Lubbock and the Consultant do hereby contract and agree as
follows:
1. The Consultant agrees to perform the services as set forth in the letter attached
hereto and made a part hereof.
2. The City agrees to pay to the consultant for such services the sum of $42,500.00
which will be paid from Grant funds as provided in the EDA revised budget. Notice
is made of the fact that the the total fee for services to be paid the consultant is
$45,000.00. The difference of $2,500.00 above that which the City agrees to pay the
Consultant shall be paid to the Consultant by the Lubbock Chamber of Commerce under
separate agreement.
3. The services to be performed -by the Consultant shall be completed on or about May
1 15,; 1972,
4. This agreement shall remain in effect for the term stated herein unlessrthe Director
of the project, Dr. Robert Amason, give notice to the City that the Consultant has
failed to perform the agreed services in a timely and proper manner and then in such
event, this agreement shall be terminated with the Consultant paid for services up
to the date of termination If such services are acceptable to the City.
5. The Consultant shall not bind or obligate the City or the Director, Dr. Robert Amason,
in any manner other than as set out herein or as may be expressly authorized by Reso-
lution by the City Council and as approved by Economic Development Administration.
EXECUTED this 24th Day of February, 1972.
ATTEST:
44,0VZO,
Aau
n a Lowe, City Sec etary-Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CITY OF BOCK
J. H. GRANBERR , MAYOR #�
u
THE FANTUS COMPANY
BY:
El I
L
1
L
L
72-31-81-213 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(34) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Resolution be passed.
RESOLUTION
WHEREAS-, it has been determined by the City -Council upon information by the Traffic
Engineer that the increase traffic along a portion of 4th street within the City of Lubbock
Lubbock County, Texas, necessitates the widening and improviing of 4th Street; and,
WHMtEAS, it is necessary to acquire for street and highway rim t of way purposes the
fee simple title to the land hereinafter described, owned by Patricia Egan; and,
WHEREAS, the City Council has caused an appraisal to be made of,said land the value and
total damages, if any, to the owner, and all others, whose interest may appear, for fee
simple title to said land have been appraised in the amount of $2,350.00, and the Council
finds such amount to be fair and equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of widening-and'improving the public
street known and described as 4th Street, the fee simple title to the land lying and being
situated in Lubbock County', Texas, and more particularly described as follows, to -wit:
A portion of -Lot 13, Block 8 (611.63 sq.-ft.)
of the Roberts and McWhorter Addition to the
City of Lubbock, Lubbock County, Texas.
THAT owner, Patricia Egan, and all others, if any, whose interest, may appear, be offer
through the Right of Way Department the amount appraised as the value and total damages, if
any, for the fee simple title and acquisition of said land for the purposes herein stated,
for the use and benefit of the City of Lubbock and unless accepted forthwith, the City
Attorney is hereeby authorized and instructed to institute condemnation proceedings for and
anlbehalf of the Cityy of Lubbock to acquire the fee simple title to said land as hereinabove
described for street purposes.
Passed by the City Council this 24th vday of February, 1972.
,. H. GRANBERR MAYOR
ATTEST:
i
Lavenia Lowe, City Secre ary-Treasurer
72-31-81-214 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(35) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Resolution be passed.
RESOLUTION
WHEREAS, it has been determined by the City Council upon information by the Traffic
Engineer that the increased traffic along a portion -of 4th Street within the City of Lubbock,
Lubbock County, Texas, necessitates the widening and improviing of 4th Street; and,
WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee
simple title to the land hereinafter described, owned by A. J. Malouf; and,
WHEREAS, the City Council has caused an appraisal to be made of said land and the value
and total damages, if any, to the owner, and all others, whose interest may appear, for fee
s imple title to said land have been appraised in the amount of $40,00, and the Council finds
such amount to be fair and equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
TH&T the City of Lubbock acquire for the purposes of widening and improving the public
street known and described as 4th Street, the fee simple title to the land lying and being
situated in Lubbock County, Texas, and more particularly described as follows, to -wit:
A portion of Lot 13, Block 8, (11.73 sq. fet.)
of the Roberts and McWhorter Addition to the
City of Lubbock, Lubbock County, Texas.
THAT owner, A. J. Malouf, and -all others, if any whose interest may appear, be offered
through the Right of Way Department the amount appraised as the value and total damages, if
any, for the fee -simple title and acquisition of said land for the purposes herein stated,
for the use and benefit of the City of Lubbock and unless accepted forthwith, the City
Attorney is hereby authorized and instructed to institute condemnation proceedings for and on
behalf of the City of Lubbock to acquire the fee simple title to said land as her einabove
described for street purposes.
Passed by the City Council this 24th day of Nebruary, 1972.
J.H. GRANBERRY, YOR
f
Laveni o e, Gity cretar -Treasurer
72-31-82-215 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(3.6) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none
voting Nay, that the following Resolution be passed.
RESOLUTION
WHEREAS, it has been determined by the City Council upon information by the Traffic
Engineer that the increased traffic along a portion-of-4th.Street'within the City of Lubbock
Lubbock County, Texas necessitates the widening and improving of 4th Street; and,
WHEREAS, it is necessary to acquire for street and highway right of way purposes the
fee simple title to the land hereinafter described, owned by Leroy C. Malouf; and,
WHEREAS, the City Council has caused an appraisal to be made of said land and the value
and total damages, if any, to the owner, and all others, whose interest may appear, for fee
simple title to said land have been appraised in the amount of $8,100.00, and the Council
finds such amount to be fair and equitable; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of widening and improving the public
street known and described as 4th Street, the fee simple title to the land lying and being
situated in Lubbock County, Texas, and more particularly described as follows, to -wit:
A portion of Lot 13, Block 8, (1841.75 sq ft.)
of the Roberts and McWhorter Addition to the
City of -'Lubbock, Lubbock County, Texas.
THAT owner, Leroy C. Malouf, and all others, if any, whose interest may appear, be offered
through the Right of Way department the amount appraised as the value and total damages, if
any, for the fee simple title and acquisition of said land for the purposes herein stated,
for the use and benefit of the Cit of Lubbock and unless accepted forthwith, the City Attorney
is hereby authorized and instructed to institute condemnation proceedings for and on behalf
of the City of Lubbock to acquire the fee simple title to said land as hereinabove described
for street purposes.
Passed by the City Council 24th day of February, 1972.
J. H. GRANB , OR
ATTEST:
rl�d
Lavenia Lowe, City Secretary -Treasurer
72-31-82-216 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(37) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Resolution be passed.
RESOLUTION
WHEREAS, it has been determined by the City Council upon information by the Traffic
Engineer that the increased traffic along a portion of 4th Street within the City of Lubbock,
Lubbock County, Texas, necessitates the widening and improving of 4th Street, and,
WHEREAS, it is necessary to acquire for street and highway right of way purposes the �
fee simple title to the land hereinafter described, owned by Earl Scheib; and,
WHEREAS, the City Council has caused an appraisal to be made of said land and the value
and total damages, if any, tp the owner, and all others, whose interest may appear, for fee
simple -title to said land have been appraised in the amount of $15,756.00, and the Council finds
such amount to be fair and equitable; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock acquire for the purposes of widening and improvingimprovifig the public
street known and described as 4ghStreet, the fee simple title to the land lying and being
situated in Lubbock County, Texas , and more particularly described as follows, to -wit:
A portion of Lot 13, Blake Subdivision of
Block 1, Roberts and McWhorter Addition
to -the City of Lubbock, Lubbock County, Texas
THAT owner, Earl Scheib, and all others, if any, whose interest may appear, be offered
through the Right of Way Department the amount appraised as the value and total damages, if
.any, for the fee simple title and acquisition of said land for the purposes herein stated,
for -the use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney
is hereby authorized and instructed to institute condemnation proceedings for and on behalf
L
I
L
L
72-31-83-217
(40)
of the City of Lubbock to acquire the fee simple title to said land as hereinabove discribed
for street purposes.
Passed by the City Council this 24th day of February, 1972.
ATTEST:
�9"f'i
Aa-_
- mrK21AX 90eAW4A1d2_
Lave is Lowe, Citq Secr Lary -Treasurer
Mr. Bill Grisham
Assistant Right-of-way Agent
City of Lubbock
Box 2000
Lubbock, Texas 79457.-..
Dear Mr. Grisham:
J. GRANBERRY
E:-R+�.-n
February 16, 1972
Your letter of February-2,-1972;'to-Mr.'Rufus J. Green concerning land owned by the
J. H.'Green Trust —which -the City of Lubbock desires to acquire has been referred to me for
response. I am one -of -the trustees of the trust and act as legal counsel for the other
two trustees on trust matters.
S
Your may consider this, as requested in your phone conversation, rejection of your offer
to purchase 4.333 acres for the sins of $2,166.50. It is the opinion of the trustees that a
total sales price of $5,000.00 woulf be fair and equitable for this property inasmuch as it is
irrigated top-quality farm land. However, before you are authorized to consider this an offer
t o sell at that price, there are certain matters which need clarification. I have enclosed
a copy of a letter from Mr. Jack Miller dated July 28, 1971, concerning this matter and you wil
note from the plot plan that the proposal was to purchase all of the shaded area which would
include the triangular shaped piece of land in the Northeast corner. In your letter of
February 2, 1972, a copy of which I also enclose, you mention a request by the county for dedic.
tion of 1.97 acres. Is this in addition to the land shown on the shaded plot plan, and if not,
what is the location in feference to the plot plan of the 1.97 acres which you mentioned as
dedicated right-of-way?
Also, the price set out above is for surface only inasmuch as the trustees will not
consider selling any part of the minerals in and under this property.
I have also been asked to point out that the refuse blowing from the landfill has created
quite a problem for irrigation operations and before any amicable arrangement can be worked out
we must have the assurances that measures will be taken to prevent the continued spreading of
refuse and waste on the remaining premises.
Mr. Green also indicated that you intended to seek an independent appraiser to appraise
this property. I would appreciate being advised of the results of his appraisal inas much
as the trust may desire to employ a MAI to appraise the property ou behalf of the trust.
I hope to hear from you in the near future.
Very truly yours,
/s/ John R. Green
John R. Green
The City Council considered the offer of Mr. Rufus J. Green as set out in the above letter.
Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayo:
Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
to reject the offer of Mr. Rufus Green and request bids for sale of this tract of land.
7.2-31-83-218 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,
(48) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, that the following Resolution be passed. r
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Change Order No. 2, to contract between
the City of Lubbock and L. H. Lacy Company, covering runway and taxiway improvements at Lubbock
Regional Air Terminal, attached herewith which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolutioi
as if fully copied herein in detail.
Passed by the City Council. this 24th Day of February, 1972.
J. H . GRANS ERRY^YOR
Resolution Item No. 48 i
ATTEST :
//d pozo . 10
Lavenia Lowe, City Secr tart' -Treasurer
CHANGE ORDER NO 2
Runway and Taxiway Improvements��
Lubbock Regional Airport lI
Lubbock, Texas
ADA,P Project No. 8-48-0138-01
TO: L. H. Lacy Comppny
P.O. Box 20297
Dallas, Texas 75220
General Description of Work Indluded in Contract: Construct apfrroximately 220,000
square yards of rigid pavement on new and reconstructed taxiways, construct service road and
driveways, install medium intensity taxiway lighting, install -high intensity lighting on NIS
Runway construct drainange structures, and other related items of work.
Original Amount of Contract ............... ....... $4,688,732.10
Change Order No. 1 ..........................(add) - 30,000,00
Change Order No. 2..........................(add) 8 725.00•
Adjusted Contract Price ............. $4,727,457.10,
Adjustment in Construction Time.... None
WHEREAS, it is desirable to make changes in the elctrical work to be constructed under
this project to include the relocation of the existing FAA Runway Visual Range (RVR) system;
THIS AGREEMENT WITNESSETH:. In consideration of .the mutual advantage gained the Owner
and the Contractor agree to the changes indicated below and further agree that th amount of the
contract shall be adjusted by the amount shown above.
The Contractor shall furnish all labor, materials,. tools and supervision required to re-
locate the existing Runway Visual Range (RVR) equipment at the Lubbock Regional Airport. This
work shall be completed as specified in "Special Provisions to Specifications - Relocate Runway
Visual Range•(RVR) at Lubbock, Texas ", SW-SP-602 dated 29 September, 1971 and Addendum No. 1,
SW-SP-602 dated 12 November 1971, and "Specifications List" dated 29 September 1971, prepared
by the Department of Transportation, Federal Aviation Administration, Southwestern Region,
P.O. Box 1689, Forth Worth, Texas 76,101. A copy of the aforementioned is attached.
Scope of Work;
1. Install lilt necessary power and control cables, including a two -war duct bank under
new taxiway, all required conduit. and all required connections.
2. Install two new tower bases.
3. Demolition of two existing tower bases, and wasting of demolition material.
4. Relocate two towers and transmissometer equipment to new bases.
5. The height of one tower shall be extended 6 feet.
6. Install a 3 ft. wide by 6 inch gravel walkway from the existing parking area to the
receiver and between the two towers.
7. Do all necessary ditching, excavation, backfill, cleanup, and other miscellaneous
work necessary to complete the relocation.
The aforementioned changes, and work affected thereby, are subject to all contract stipu-
lations and covenants as1well as the attached 'Special provisions to Specifications".
The Owner and the Contractor agree that there will not be an adjustment to the time
allowed for completion of the project for the project for the above listed changes.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the
24th day of February, 1972.
RECOMMENDED: PARKHILL, SMITH & COOPER, INCL, Consulting Engineers
By: , , 1972.
APPROVED: L.H. LACY COMPANY, Contractor
By: , , 1972.
APPROVED: CITY OF LUBBOCK, TEXAS, Owner
BY • , , 1972.
.J. H. Granberry Mayor February 24
72-31-84B-220
(2 7)
4
AERIAL PHOTOGRAPHY AGREEMENT
CANYON LAKES PROJECT
This Agreement entered into between the CITY OF LUBBOCK and
E. H. SCHMIDT CORPORATION, hereinafter referred to as ENGINEER.
WITNESSETH:
WHEREAS, the CITY OF LUBBOCK is in need of aerial photography,
ground control surveys and photogrammetric maps for the Canyon Lakes
Project and desires to enter into an agreement with E. H. SCHMIDT COR-
PORATION to furnish such services upon the following terms and conditions.
The ENGINEER shall furnish the services stated herein to the CITY
in accordance with the proposal attached hereto and made a part hereof and
the compensation to be paid by the CITY to the ENGINEER will be as stated
s
in such proposal.
The specifications for the aerial photography shall be those attached
hereto and made a part hereof.
APPROVED AS TO FORM:
Fred O. Senter, Jr., City,�torney
ATTEST:
E. H. SCHMIDT CORPORATION
By:
Aot
Alvin B. Krawiet
Secretary
Vice P3 t• _
72-31-85-219 (Note: See Consultants Agreement, Canyon Lakes Project, between City of Lubbock and
(23) Huddleston and Buck, in Canyon Lakes file).
.. p—
I
h
ATTEST:
APPROVED: FEDERAL AVIATION ADMINISTRATION
Chief
BY: , Airport Branch
1972.
72-31-85-219 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor
(23) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay,
that the following Resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an AGREEMENT between the City of Lubbock and Huddleston
and Buck covering detailed planning on the Canyon Lakes -project attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of February, 1972.
ATTEST:
,4azf,r"V.., W, PO� 10
La nia Lowe, Ci y Sec tary-Tr -ea surer
�f
J. H.. GRANBERRY, YOR
e= .
Agreement Set in Page84B.
72-31-85-220 Motion was made by Councilman Hollingsworth, seconded b
l
(27) Mayor Granberry and Councilmen Rigsby, -Hollingsworth, Baker Councilman
and Turnerrvoting Yea, non carried
Nay, that the following Resolutionbe passed.
II RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I` THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
Iql for and on behalf of the City of Lubbock as AGREEMENT -between the City of Lubbock and Schmidt
Engineering for topographical maps to be used in the Canyon Lakes project attached herewith
which shall be srread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resdution as if fully copied herein in detail.
Passed b the
y City Council this 24th.day of February, 1972.
_jig;
ATTEST: J. H. GRANBERRY, OR
A
�i Lavenia Lowe, City Sec 6tart'-Treasurer
Aerial Photography Agreement set in on Page 84B.
72-31-85-221. Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried,
(56) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting
Nay, thatthe following Resolution be passed.
RESOLUTION
WHEREAS, the City of Lubbock along with other citys and Water Districts in the State of
Texas filed an antitrust action against certain suppliers of concrete pressure pipe, and
WHEREAS, after the hearing of this case but before a jury verdict, a settlement has been
reached in this litigation, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the settlement of the suit filed on behalf of the City of Lubbock in
the District Court of the Northern District of Texas, Dallas Division, against United Concrete
Pipe Corporation, Gifford -Hill -American, Inc., et al., No. CA-3-2289-C, Civil, as set forth in
the settlement agreement dated February 9th, 1972, entered into on behalf of the said plaintiff
by its attorneys, McGihnis,`Loclridge & Kilgore, whereby the City shall receive $132,619.00, is
hereby authorised, approved and ratified.
SECTION 2. THAT the Mayor of the City of Lubbock BE and he is hereby authorized to
execute and deliver Full and Final Release approved by special counsel, McGinnis, Lochridge &
Kilgore and to cause the suit to be dismissed prejudice, each party to bear its own costs
and attorney fees..
Passed by the City Council this)24th day of February, 1972.
J C-RANBERRY, MAYOR
Eta
RESOLUTION -Item No.556
ATTEST:
i
Lave4.
P9AKW,ZfftfA"ry-Treasurer
SETTLEMENT AGREEMENT
WHEREAS, there are presently pending twenty -flour (24) separate civil actions in the
District Court of the United States for the Northern District of Texas, Dallas Division, as
shown on the list attached hereto as Exhibit A, by the plaintiffs shown thereon (Plaintiffs)
against the defendants, United Concrete Pipe Corporation (UCP), United States Pipe and Foundry
Company, Gifford -Hill -American, In. (GHA), Gifford -Sill Pipe Company and American Pipe &
Construction Company, ("all 24 cases")' and
WHEREAS, nine (9) of those cases have been consolidated and are presently being tried
before a jury in the United States District Court, Northern District of'Texas, Dallas Division,
Honorable William M. Taylor, Jr., presiding; and
WHEREAS, attorneys of record for each of the parties in all 24 cases have agreed to settle
and compromise -such cases in accordance with the terms hereof, subject to ratification and
confirmation by each of the plaintiffs and by UCP and GHA; and
WHEREAS, such agreement has been reached solely in order to avoid the expense, inconven-
ience and uncertainty and delay incident upon further litigation of these claims, and without
any admission of any liability on the part of any defendant;
NOW, THEREFORE, IT IS AGREED by, between and among attorneys for each of the plaintiffs P
s hown on the list attached hereto as Exhibit A, and attorneys for each of the defendants, United
Concrete Pipe Corporation (UCP), United States Pipe and foundry Company, Gifford -Hill -American,
Inc. (GHA), Gifford -Hill Pipe Company and American Pipe & Construction Company, that:
1. GHA shall pay to Texas State Bank of Austin, at Austin, Texas (or its substitute),
as disbursing agent for plaintiffs:
a) At closing, Seven Hundred Forty -Nine Thousand, One Hundred Fifty -Six & 50/100 Dollars
($749,156.50) cash; and 11
b) One year after closing, Four Hundred Eighty -Seven Thousand, Three Hundred Seventeen �I
& 37/100 Dollars ($487,317.37), without interest; and
C) Two Years after closing, Four Hundred Eight -Seven Thousand , Three Hundred Seventeen
& 38/100 Dollars ($487,317.38), plus interest fw m one year after closing, until payment there-
of, at the rate of three and three -fourths per cent (3-3/47.) per annum, provided that the
applicable rate of interest shall be adjusted as of the effective date of any change in the
prime interest rate established by the Chase Manhattan Bank National Association, New York,
so that at all times from one gear after the date of closing, to maturity, the applicable
interest rate hereof shall be a rate which is one percent (1%) less than the effective prime
interest rate of the Chase Manhattan Bank National Association in New York, New York, and in
no event greater than the maximum rate of interest permitted by applicable law. Any amount
thereof may be prepaid at any time without penalty.
d) These agreements shall each be enforceable by Texas State Bank of Austin or its Sub-
stitute for the use and benefit of each of the plaintiffs in accordance with its disbursing
authority from such plaintiffs herein granted, without the necessity of joinder of the plaintiffs
individually. In this connection, GHA agrees that in the event of its default in any one of its
foregoing obligations and•such default is not cured within thirty (30) days after receipt of
written notice of default from said Bank or its substitute, then, and in such event, such de-
fault shall have the effect of:
1) Accelerating the maturity of all unpaid amounts, making same .immediately due and
payable;
2) All unpaid amounts shall bear interest from the date -of the default at the rate of
eight per cent (8%) per annum until Dpaid in full.
3) GHA shall pay all costs incurred by Texas State Bank of Austin or its substitute in the
collection of the amounts due, including a reasonable attorney's fee not exceeding ten per
cent (10%) of the unpaid amounts plus accrued interest.
e) The agreements herein contained shall be binding upon GHA, its successors and
assigns. The authoriity of the officers of GHA to enter into this agreement will be evidenced
by resolution of its Board of Directors in substantially the form attached hereto marked Exhibit
B.
f) In the event Texas State Bank of Austin should be unwilling to continue to act as
disbursing agent hereunder it shall appoint a substitute bank with trust powers and give GHA
written notice Jhereof by registered mail, return receipt requested, at P.O. Box 47127, Dallas
Texas 75247. hereafter, GHA shall make the agreed payments to such substitute so designated
by Texas State Bank of Austin.
2) UCP shall pay to Tecas State Bank of Austin, at Austin, Texas, as disbursing agent for
plaintiffs:
a) At closing, Three Hundred Five Thousand, Nine Hundred Ninety -Three & 50/100 Dollars
($305,993.50) cash; and
b) One year after closing, One Hundred Ninety -Nine Thousand, Forty-five & 12/100
Dollars ($199,045.12), without interest; and
c) Two years after closing, One Hundred Ninety -Nine Thousand, Forty-five & 13/100
Dollars ($199,045.13)$ plus interest from one year after closing, until payment thereof,
at the rate of three and three -fourths per cent (3-3/4%) per annum, provided that the
applicable rate of interest shall be adjusted as of the effective date of any change in the
prime interest rate established by the Chase Manhattan Bank National Association, New York,
New York, so that at all times from one year after the date of closing, to maturity, the
applicable interest rate hereof shall be a rate which is one percent (1%) less than the
effective prime interest rate of the Chase Manhattan Bank National Association in New York,
New York, and in no event greater than the maximum rate of interest permitted by applicable
law. Any amount thereof may be prepaid at any time without penalty.
d) These agreements small each be enforceable by Texas State Bank of Austin or its
substitute for the use and benefit of each of the plaintiffs in accordance with its disbursing
authority from such plaintiffs herein granted, without the necessity of joinder of the plain-
tiffs individually. In this connection, UCP agrees that in the event of its default in
a ny one of its foregoing obligations and such default is not cured within thfrty (30)
days after receipt of written notice of default from said Bank or its substitute, then, and
in such event, such default shall have the effect of;
1) Accelerating the maturity of all unpaid amounts, making same immediately due and
payable;
2) All unpaid amounts shall bear interest from the date of the default at the rate of
eight per cent (87.) per annum until paid in full.
3) UCP shall pay all costs incurred by Texas State Bank of Austin or its substitute
in the collection of the amounts due, including a seasonable attorneyts fee not exceeding
ten per cent (10%) of the unpaid amounts plus accrued interest.
e) The agreements herein contained shall be binding upon UCP, its successors and adsigns.
The authority of the officers of UCP to enter into this agreement will be evidenced by reso-
lution of its Board -of Directors in substantially the form attached hereto marked Exhibit C.
f7 In the event Texas State Bank of Austin shaould be unwilling to continue to act
as disbursing agent hereunder it shall appoint a substitute bank with trust powers and give
UCP written notice thereof by registered mail, return receipt requested, at P.O. Box 429,
Baldwin Park, California 91706. Thereafter, UCP shall make the agreed payments to such
substitute so designated by Texas State Bank of Austin
written
3. Upon receipt of the aforesaid amounts, the Texas State Bank of Austin,/ Austin, Texas,
or its substitute, is authorized to disburse such funds in accordance with wirteen instructions
from a partner of the law firm of McGinnis, Lochridge & Kilgore so as to effect pe ment of
the amount provided in Order of Dismissal and Final Judgment applicable to each plaintiff
in accordance with the time schedule and with interest, if applicable, as provided in para-
graphs 1 and 2. Such Insturctions may include directions to pay to the law firm of McGinnis,
Lochridge & Kilgore the amount due plaintiffs' attorneys under their fee agreements with
plaintiffs.
4. Said disbursements to be made by said Bank shall be without cost to defendants.
Furthermore, said Bank or its substitute shall never be liable to the parties hereto
for any actions it takes hereunder (except willful breach of its duties) and in this regard,
the plaintiffs shall jointly and severally indemnify and hold said Bank and defendants harm-
less from any and all liability arising from or out of the Bank's under taking to act as
disbursing agent. This agreement shall in no wise modify or alter the agreements of GHA and
UCP as provided in preceding paragraphs 1 and 2 hereof.
5. At closing, McGinnis, Loctidge & Kilgore shall deliver to defendants separate releases
d my executed by an authorized officer of each of the 24 plaintiffs in substantially the
form attached hereto as Exhibit D, with appropriate certified copy of Resolution of the City
Council or other governing body substanntially in the formm attached hereto as Exhibit F,
specifically authorizing and approving and ratifying this settlement and the execution of
such release aW approving and authorizing the entry of Order of Dismissal and Final Judgement
pursuant to paragraph 6 herein below. In the event that the charter or applicable law of any
plaintiff empowers the City Attorney or any other officer to compromis:and settle litigation
such as this without a resolution, an unqualified opinion to this effect by the attorney
for any such plaintiff that the officer executing the release is duly authorized so to do
may be substituted in lieu of the aforesaid resolution.
6. Each of the 24 civil actions described in Exhibit A attached hereto shall be dis-
missed with pre§udice to the refiling of same, with each party to pay its own costs and
attorney fees. At closing, McGinnis, Lochridge & Kilgore shall deliver to defendants a
s eparate Order of Dismissal and Final Judgement for each of the 24 cases, in the form attach-i
ed hereto as Exhibit E, duly signed by all attorneys of record specifically approving and au-
thorizing the entry of same.
7. Counsel for plaintiffs and defendants agree jointly to request the Court to recess
the trail of`the 9 cases and not discharge the jury unless and until the "Closing Date"
occurs.
8. Counsel for the parties hereto each agree to recommend in good faith, without quali-
fication, and with full measure of support, the settlement set forth herein to their respect-
ive client or clients, it being expressly understood that ratification by all clients is
necessary. Council for the parties hereto each agree to use every effort to obtain necessar}
ratification of the settlement by their respective clients as expeditiously as possible.
9. "Cdiosing Date" as referred to herein shall be five (f) days from and after the date
on which counsel for plaintiffs notify counsel for defendants that all plaintiffs have ratified
the settlement. The Order of Dismissal and Final Judgement shall be entered on the Closing
Date.
10. It is agreed that this settlement agreement (unless, in the opinion of counsel for
any party it is required by law,. statute, ordinance or regulation) shall not be filed with the
court papers and shall not be furnished or disclosed to anyone other that the parties to these
a ctions and their attorneys and necessary officers and agents. The only settlement papers
to be filed with the court papers shellbe the order of Dismissal and Final Judgement in the
for attached hereto as Exhibit E.
Signed this 9th day of Rebruary, 1972.
SHER & HARRIS AND
McGINNIS, LOCHRIDGE & KILGORE
BY. /a/ James W Wilson
Attorneys for all 24 plaintiffs
ts/ Stanley E Nul
Attorney for Defendant
Gifford -Hill -American, Inc.
/s/ William P Fonville
Attorney for Defendant
United Concrete Pipe Corporation
/s/ Phillip L Kelton
Attorney for Defendant
United Stated Pipe and Foundry
Company
/a/ Stephen Millie -
Attorney for Defendant
Gifford -Hill Pipe Company
/s/ James P. Sullivan
Attorney for fendant
American e & Construction Co.
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY
MEETING, February 24, 1972.
H. GRANBERRY, MAYOR
ATTEST:
Lavenia Lowe, Cit -Secretary-Treasurer
READ AND APPROVED THIS THE 9th DAY OF MARC114r 972.
. H. GRANBERRY, MAYOR
ATTEST:
Lavenia qxywe, City Se etary-Treasurer