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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/13/1972April 13, 1972 L L L L L 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 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 72-31-143-349 The invocation was given by Sam Wahl, Director of Public Works. 72-31-143-350 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 72-31-143-351 Motion was made by Councilman Hollingsworth, second by Councilman Baker, motion carried, Mayor (3) Granberry and Councilmen Hollingsworth, Baker.and Turner voting Yea, none voting Nay, that Ordinance No. 6347 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 6347 WHEREAS, the City Council of the City of Lubbock finds it necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; There is hereby appropriated out of the following described bond fund, to -wit: Canyon Lakes Project The sum $360,625. For the following purpose: For lard acquisition of "Group II'" parcels of the BOR segment of the Canyon Lakes Project. CITY BONDS Acquisition $290,625 GWO 10775 Relocation 70,000 GWO 10766 Total Bond funds $360,625 FEDERAL BOR FUNDS Acquisition $290,625 GWO 10775 Relocation 2839855 GWO 10766 Total BOR Funds 574,480 'Total Project Cost $935,105 Mayor Granberry left the Council Chamber and Mayor Pro Tem Hollingsworth assumed the Chair as Mayor. 72-31-143-�52 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor (4) Pro Tem Hollingsworthand Councilmen Baker and Turner voting Yea, none voting Yea, none voting Nay, that the following Resolution be passed. Mayor -Granberry was absent at the time of this motion. v RESOLUTION WHEREAS, the City Council has considered the TOPICS Areawide Plan for the City of Lubbock; and WHEREAS, such Plan has been approved by the Local Advisory Committee of the Lubbock Urban Transportation Study Group, the Texas Highway Department and the Federal Highway Adminis- tration; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the TOPICS Areawide Plan, as submitted and approved by the Study Group, BE and is hereby approved. Passed by the City Council this 13th day of April, 1972. ATT : Lavenia Lowe, City Secretary -Treasurer J" J. H. GRANBEEUV, MAYOR 72-31-143-353 Motion was made by'Councilman Baker, seconddd by Councilman Turner, motion carried, Mayor (6) Pro Tem Hollingsworth, and Councilmen Baker and Turner voting Yea, none voting Nay, to approve the price and condition for sale of four parcels in the Guadalupe Urban Renewal Area. Mayor �— oranberry was absent at the time of this motion. City Council approval on the price and condition for the sale ofthe following parcels by the Urban Renewal Agency of the City of Lubbock as listed below: ITEM NO. PARCEL REDEVELOPER PRICE .# REDEVELOPMENT 105 5B-7-2 (N.66.68' 106 5B-7-3 (N.62.50' of S . 200' ) 107 5F-4-7 (N.77' of S. 160') •108 5F-2-3 (All of Mackie Aguilar $1,610.00 Single -Family Guadalupe Teran $1,545.00 Single -Family Jack Picon $1,890.00 Single -Family Francisco Gutierrez $2,400.00 Single -Family Mayor Granberry resumed the Chair as Mayor. 72-31-144-354 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (9) Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6348 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6348 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain spedific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water The sum $22,229,90 Capital Project Fund For the following purpose: Construction of water lines in Clayton -Carter Addition for Neighbor- hood Development Project. 72-31-144-355 Motion was made by Councilman Baker, secondedby Councilman Hollingsworth, motion carried, (12) Mayor Granberry and Councilmen 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 garbage disposal activity of the City necessitates the acquisition of additional property for landfill purposes; and, WHEREAS, it is necessary to acquire for landfill purposes the fee simple title to the land hereinafter described, owned by the J.H. Green Estate; 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 othexss whose interest may appear, for fee simple title to said land have been appraised in the amount of $1,850.00 , 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 landfill purposes, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit; BEGINNING at the Northeast corner of Section 29, Block A, Lubbock County, Texas, for the Northeast corner of this -tract; . THENCE South 0002'21" West along the East boundary line of said Section 29 a distance of 2602.87 feet to a point, said point being the Southeast corner of the NE/4 of Section 29, Block A; THENCE West a distance of 50.0 feet. THENCE North 0002'21" East along the East boundary line of said NEA of Section 29 Block A a distance of 1717.6 feet. ZHENCE in ..a Northwesterly direction along the West line of proposed right-of-way around a curve to the left having a radius of 1859.88 feet, a delta angle of 18009'24" , a chord distance of 586.92 feet to a point of reverse curvature for a corner of this tract; THENCE in a Northwesterly direction along the West line of proposed right-of-way around a curve to the right having a radius of 2011.97 feet, a delta angle of 8057'52 " a chord distance of 314.47 feet to a point.in the North boundary line of said Section 29 for the Northwest corner of this tract; THENCE East along the North boundary line of said Section 29, a distance of 216.95 feet to the place of BEGINNING, containing.4.333acres of land. Hi ui Hi L L THAT the owner, the J.H. Green Estate, and all others, if any, whose interest mty appear, be offered through the Right of Way Department the amount appraised as the value and total damages, if any, for the fees simple title and acquisition of said land for the purposes herein stated, for the use and benefit of theCity o f Lubbock and unless accdpted 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 landfill purposes. Passed by the City Council this 13th day of April, 1972. AVAP ATTEST: Lavenia Lowe, City sec tary-Treasurer 72-31-145-356-t The City Council considered the offer of Claude E. Phipps to sell property at the northwest corner (13) of Avenue V and 4th Street. After consideration of all information presented; motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Bakei and Turner voting Yea, none voting Nay, to accept the offer of Claude E. Phipps to sell property at.the northwest corner of Avenue V and 4th Street for widening of 4th Street for a consideration of $6,400.00. (Parcel # 12). Legal description is as follows: BEGINNING at a point 97.5 feet South of the Northwest corner of Lot 2, Block 11, Green Hankins Subdivision of Roberts and McWhorter Addition, said point being the Southwest corner of Lot 1, Block 11, and being in the existing North line.of U.N. 82 (Fou rthStreet). THENCE North 89059' East along the existing North line of U.S._ 82 a distance of 127.5 feet to the Southeast corner of Lot 1, Block 11' THENCE North along the East line of Lot 1, Block 11, a distance of 17.0 feet to a point in the proposed North right&of-way line of U.S. Highway 82; THENCE South 89059' West along proposed North right-of-way line a distance of 127.5 feet to a point in the West line of Lot 1, Block ll' A THENCE South along said line a distance of 17.0 feet to the place of BEGINNING. 72-31-145-357 The City Council considered the offer of A.J. Malouf to sell property at 2014 4th Street. (14) After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to acce:pt the owner of A.11. Malouf to sell property at 2014 4th Street for widening of 4th Street for a consideration of $40.00 (Parcel #19). Legal description is as follows: BEGINNING at a point in the South line of Lot 13, Carver Subdivision of Block 8, said point being N 89053' E a distance of 35 feet from the Southwest corner of Lot 13; THENCE, North a distance of 17.51 feet to a point in the proposed North right-of-way line of U.S. Highway 82 (4th Street) 0 THENCE, North 89 47' East along said line a distance of .67 foot to a point; THENCE, South a distance of 17.51 feet to a point in the present North right-of-way line of U.S. Highway 82 (4th Street) THENCE, South 89053' West along said right-of-way line a distance of .67 foot to tle place of beginning. 72-31-145-358 The City Council considered the offer of C.D. Crump to sell property at the northwest corner of (15) Uvalde and 4th Street. After consideration of all information presented, motion was made by Councilman Baker, second by Councilman Hollingsworth, motion carried, Mayor Granberry and Council- men,Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the offer of C.D. Crump to sell property at the northwest corner of Uvalde and 4th Street for widening of 4th Street for a consideration of $4,375.00 (Parcel # 14) Legal description is as follows: 2,303.13 Sq. Ft out of Lot 20, Block 10, Bryan Walker Subdivision of Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described by metes and bounds as follows: J� BEGINING at a point 130.0 feet South of the Northwest corner of Lot 20, Block 10, Bryan Walker ,. Subdivision of Roberts & McWhorter Addition, said paint being in the existing North line of U.S. 82 (Fourhh Street); THENCE South 89052'15" East along the existing North line of U.S. Highway 82 a distance of 130.6 feet to a point, said point being the beginning of a curve to the left whose radius bears North a distance of 15.0 feet. THENCE Along said curve a distance of 23.56 feet to a point in the East line of Lot 20, at which point the radius bears West; THENCE North 1.3 feet along the East line of Lot 20 to a point in the proposed North right-of-way line of U.S. Highway 82; THENCE South 89059' West along said right -of -Way line a distance of 145.6 feet to a point in the West line of Lot 20' THENCE South along said line of Lot 20, a distance of 15.98 feet to the place of BEGINNING. 72-31-146-359 The City Council considered the offer of Citizens National Bank in name of the E.L. Massie (16) Estate to sell property at 241214th Street. After consideration of all information presented, motion was made by Councilman Baker, seconde& by Councilman.Hollingsworth, motion carried, Mayor -Granberry and Councilman Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the offer of Citizens National Bank in the name of the E.L. Massie Estate to sell property at 2412-14 4th Street for widening of 4th Street for a consideration of $3,275.00 (P arcel # -1) : Lega..t Description is as follows: 1244.08 Sq Ft. out of Lots 17, 18, and 19, Block 2, Paul M Crouch Subdivision of Blocks 15 and 16 Roberts & McWhorter Addition to the City of Lubbock, Lubbock County,:Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a nail set in the North line of U.S. Highway 82 (Fourth Street), said point being the Southwest corner of Lot 17, Block 2, Paul M.Crouch Subdivision; THENCE, East long the existing N rth line of U.S. Highway 82 a distance of 144.66 feet to a point, said point being the Southeast corner of Lot 19, Block 2, THENCE North along the East line of Lot 19, Block 2, a distance of'17.2 feet to a point in the proposed North right—of-way line of U.S. Highway 82; THENCE South 83013'10" West along said line a distance of 145.68 feet to the place of BEGINNING. 72-31-146-360 Motion was made by Councilman Baker, secondedby Councilman Hollingsworth, motion carried, Mayor (17) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6349 on first reading. ORDINANCE NO. 6349 AN ORDIENCE ABANDONING AND CLOSING THE EAST -WEST ALLEY IN THE FILMORE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MRE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MP.RK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-146-361 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (18) Granberyy and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6350 on first reading. ORDINANCE NO. 6350 AN ORDINANCE ABANDONING AND CLOSING THE EAST -WEST ALLEY OF BLOCK 3, ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK, TEXAS: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY AS AFORESAID. 72-31-146-362 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, (19) Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City of Lubbock granted an Alley Use License to Minor Pounds on August 23, 1967; and', a I WHEREAS, licensee no longer uses said alley use license, it is the desire of both the City Council and licensee, Mr. Pounds, that the said alley use license be cancelled and terminated, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the alley use license issued by the City of Lubbock to Minor Pounds dated August 23, 1967, be and the same is hereby cancelled and terminated. Passed by the City Council this 13th day of Aprml, 1972. J. H. GRANBERRY MAYOR E ATTES -LaveniA Lowe, City Secretary 72-31-146-363 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Gran- (20) berry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the !I following Resolution be passed. RESOLUTION WHEREAS, theCity of Lubbock granted a Street Use License to Butler Lumber Company on May 10, 1951, and; 0 I p WHEREAS, the said lumber company licensee no longer uses said license, it is the desire II to terminate and cancel said street use license, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: L L L- L I 72-31-147-364 (21) 72-31-147-365 (21a) 72-31-147-366 (22) THAT the City Council of the City of Lubbock does hereby terminate and cancel the street use license it issued to Butlev Lumber Company on May 10, 1951. Passed by the City Council this 13th day of April, 1972. ATTEST: A i ?, il,f�; , QW., Lavenia Lowe, City Se retary-Treasurer April 5, 1972 Mr. Al Couch Director.of Public Services P.O. Box 2000 Lubbock, Texas 79408 Dear Mr. Couch: J. NBII2RY, AYOR RE: Memorial Civic Center Foundation Investigation In accordance with paragraphs 2.4 and 2.7 of Article 2 of Our Agreement with the City of Lubbock for the above referenced project; we request that we be furnished twenty-nine (29) test borings, to a depth of thirty feet (30'-0"). The required locations for the test borings are indicated on the enclosed partial Site Plan, dated April 5, 1972. We request samples be taken by standard split spoon sampler with penetration values at five (5) foot intervals and/or at change of strata. We require the following information be included in the report: 1. Bearing capacity for spot footings at 5'-0", 1S'-011, 20'-0 ", and 2510" levels. 2. Water levels, if any. 3. Design recommendations for bearing capacity of continuous footing and for point loads or drilled spot footings. Should the requested sub -surface investigation indicate any unusual conditions, we may require that further investigations be conducted. We would appre,.ciate your prompt attention to this request as the information is needed as soon as possible. Very truly yours, THE ARCHITECTS GROUP /s/ E. Paul King E. Paul King After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize acceptance of the recommendation of The Architects Group as set out in the above letter that 29 test borings to a depth of thirty feet be made at the Civic Center site. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen 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 authroiz ed and directed to execute for and on behalf of the City of Lubbock an Agreement in favor of Lubbock Labs, attached herewith which shall be spread upon the minutes of the Council and as spread upon the Minutes of this coun-M si.l shall constitute and be a par4-of this Resolution as if fully copied herein in detail. Passed by the City Council this.13, day of April, 1972. ATTEST: &'Ioellro Laveni Lowe, City -Secretary -Treasurer Contract set in on Page 147-B Mr. N.B. McCullough Manager, City of Lubbock P.O. Box 2000 Lubbock, Texas 79408 March 9, 1972 J. H. GRANBEU;/IWYOR Dear Mr. McCullough: At the last meeting of the Authority's Board of Directors, held at Plainview, Texas, on February 1, 1972, the Authority determined it necessary to retain a firm of attorneys to represent the Authority in the lawsuit filed b}Lthe cities of Amarillo, Borger, and Pampa against the Authority and the other eight member cities_. The Board also voted to request that the eight defendant cities be asked to spy the cost of the Authority's attorney. For your information, an attorney has now been retained by the Authority, based on the recom- mendation of the committee appointed to select a suitable firm-.: It is therefore appropriate to {pursue the Board's request for arranging for payment of the firm's fee. I should appreciate your discussion of this dubject with your City Council, or Commission, and your advice as to the feelings of your city on the Board's request that the defendent cities pay the attorney fees. If your city is not adverse to this suggestion, please designate a representative who can meet with representatives from the other cities to determine the shares II of the attorney's fees to be borne by each city. Of course, the designation of a representative does not create any obligation on the part of your city to bear a disproportionate share of the attorney's fees. The sharing of fees will be determined by the representatives of all the defendent cities. Please let me have your reply with regard to the above subject as soon as particable. Very truly yours, /s/ John C. Williams John C. Williams General Manager The City Council considered the recommendation as set out in the above letter from the Canadian River Municipal Water Authority in regard to retaining a firm of attorneys to represent the Authority in the lawsuit filed by the cities of Amarillo, Borger, and Pampa!iegainst the Authority and the other eight cities. After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried,`,Mayor Granberry and Councilmen Holl ngsworth, Baker and Turner voting Yea, none voting Nay, to authorize Mr. Fred 0. Senter, Jr. to be the City of Lubbock representative to meets with representatives of the other cities to determine the share of attorney's fees to be born by each city in connection with the lawsuit. 72-31-148-367 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (23) Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize the Mayor to execute a 1.7 acre Lease with the -United States of America for transmitter facilities at the Lubbock Regional Airport. LEASE between CITY OF LUBBOCK, TEXAS and THE UNITES STATES OF AMERICA Lease NO.: DOT-FA72SW-1240 Remote Transmitter Site and Rights -of -ways Lubbock Regional Airport Lubbock, Texas This LEASE, made and -entered into this 13th day of April in -the year one thousand nine hundred and seventy-two by and between City of Lubboc, Texas whose address is Route 3, Box 201 Lubbock, Texas 79401 for itself, its administrators, successors, and assigns, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term -beginning 1 March 1972 and ending June 30, 1972, the lessor hereby leases to the Government the following described property hereinafter called the premises, viz: REMOTE TRANSMITTER SITE: A 0.918 acre tract of land lying and being in the Lubbock Regional Airport property, Lubbock County, Texas, and more particularly described as follows: Starting at the southwest corner of the most northerly Federal Aviation Administration remote transmitter lease tract, go S:11000 % a distance of 455.5 feet to a point; thence S79000'W, a distance of 555.2 feet to the POINT OF BEGINNING which is the ncrtheast corner of said 0.918 acre tract of land;.thence S110001E, a distance of 200 feet to a corner; thence S790009W, a distance of 200 feet to a corner; thence N11000'W, a distance of 200 feet to a corner; thence N79 001E, a distance of2O0 feet to the said POINT OF BEGINNING containing 0.918 acre. All bearings are -magnetic. ACCESS ROADWAY: A 30-foot right-of-way the centerline being as follows: BEGINNING at the northeast corner of the proposed FAA 0.918 acre lease plot which is the POINT OF BEGINNING for said proposed 0.918 acre lease tract;thence S11000'E, a distance of 105 feet to a point which is the beginning point of the said proposed FAA access road; thence N 79000'E a distance of 1160.0 feet to a point, said point lies in the center line of the existing road and also being the terminal point of said proposed FAA access road, containing .799 acres. All bearings are magnetic. The facility site and said road right-of-way are as shown on Exhibit "A" attached hereto and made a part hereof HI 72-31-146- -365 SUBSURFACE INVESTIGATION (TEST HOLE BORING) AGREEMENT (21a) MEMORIAL CIVIC CENTER L 1 L L This Agreement entered into this day between the CITY OF LUBBOCK AND LUBBOCK LABS: WITNESSETH: WHEREAS, the CITY OF LUBBOCK, upon request of the Architects for the Memorial Civic Center, has need for subsurface investigation of the sfte for the Memorial Civic Center and by this Agreement does hereby engage the services of LUBBOCK LABS to perform test hole borings and furnish the required information about such tests to be furnished upon the conditions and for the compensation set forth herein. (1) A total of twenty-seven (27) test borings shall be made at the locations as shown upon the partial site plan attached hereto and made a part hereof. (2) Test borings shall be made to a depth of thirty (30) feet with the exception of test holes No. 15, No. 19 and No. 21, which shall be taken to a depth of ten (10) feet. Samples taken from such teat borings and the informrtion furnished in the reports following such tests shall be in accordance with the letters dated April 5, 1972, and April 10, 1972, from the Archi= tects Group to Mr. Al ouch and such letters are attached hereto and made a part hereof. The tests shall be commmenced as soon as possible upon the execution of this Agreement and such tests shall be completed and the reports made in a prompt and orderly manner. (3) LUBBOCK LABS shall furnish equipment, material and personnel necessary to perform the services herin and shall maintain insurance coverage of such equipment and personnel and hold the CITY OF LUBBOCK harmless fm m all activities herein. (4) The CITY OF LUBBOCK shall pay to LUBBOCK LABS for theFservices to be performed under this Agreement the following compensation: drilling of test holes and sampling shall be compensated at the rate of $5.00 per foot. Laboratory testing shall be compensated on a unit price basis depending upon the work required to be done. The testing fees is estimated at $200.00 - $300.00. The engineering fee shall be ten per cent (10%) of the gross which shall mean a total of the drilling, sample and lab testing fees. ENTERED INTO THIS 13th DAY OF April, 1972. ATTEST: Lavenia Lowe, City Secretary -Treasurer CITY OF LUBBOCK J. H. GRANBERRY, MAYOR r I 0 11 11 CABLE RIGHT-OF-WAY: L L L 11 L Cable right-of-way is to be as shown on Drawing SW-D-7809-2 dated 1/21/72 attached boteto and made a part hereof except that cable will be in the road right-of-way in so far as practicable FAA Drawing SW-D-7809-1 dated 1/21/72 is attached hereto and made a part hereof. a. Together with a right-of-way for ingress to and egress from the premises; a right-of- way or rights-of-waytfor establishing and maintaining a pole line or pole lines for extending electricrpower, and telecommunications facilities to the premises; and right-of-way for subsur- face power, communication and water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may con- stitute a hindrance to the establishment and maintenance of air nabigation and eelecommunicatiorm _facilities. c And the right to make alterations, attach fixtures, and erect additions, structures, or signs in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon, or attached to the said premises shall be -and remain the property of the Government and may be removed upon the effective date of termination of this lease, or within 90 days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said fixtures additions, structures, or signs. 2. Thib lease may, at the option of the Government, be renewed from year to year and other, wise upon the terms and conditions herein specified. The Government's option shall be deemed excercised and the lease renewed each year for 1 year unless the Government gives the lessor 30 days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June 1982. 3. The Government shall pay the lessor for the premises no monetary consideration in the f o rm of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. 4-The Government may terminate this lease, in whole 6r in part, at any tine by giving 90 days notice in wresting to the lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. Nothing, however, herein contained, shall be construed to extend to any incorporated compnay Lf the lease be for the general benefit of s.ugh coporation or company. 6. The lessor warrants that no person or selling agency has been employed or retained to solicit or secure ths lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease with- out liability, or in its discretion to deduct from the contract price or consideration, the fult amount of such commission, brokerage, percentage, or contingent fee. 9. This lease is subject to the additional provisions set forth below, which are made a part hereof, and indentified as follows: 10. FUNDING RESPONSIBILITY CLASS I -.II FACILITIES The airport owner agrees that -any relocation, or replacement, or modification of any Feder ' Aviation Administranion Class I or II facility, or components thereof, as defined below, covered by this contract during its term or any renewal thereof made necessary by airport im- provements or changes which impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes'Ary made at the specific request of the Government. In the event such relocations, re- placements or modifications are necessitated due to causes nor attributable to either the airport owner or the Goverment, funding reeponsibiltiy shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment. Precision Approach Radar ILS and Components AL S and Components CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Peripherals (Remote Control) Air -Ground Communication Facility) Visual Landing Aids Direction Finding Equipment VOR, TVOR & VORTAC (Instrument Approach) Weather Observing & Measuring Equip. (Owned & operated by FAA) Centealt Standby Power Plant VOR and VORTAC (en roue only) Flktkt Service Station Remote Communications Outlet Limited Remote Communications Outlet Other in route facilities 11. NON -RESTORATION: r It is hereby agreed between the parties that,' upon the termination of its occupangy, the 1' Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this Lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. -Notice of abandonment will be coveyed to the Lessor in writing. 12. DELETIONS: 0 In the first paragraph on page 1, the words "heirs, executors' were deleted. Article 2 beginning with the words "AUD FURTHER PROVIDED" and ending with Payment of rentals" were deleted. Article 3 begining with"($)" and ending with "gr vouchers" were deleted. Article 7 and 8 were deleted.. in .their entirety. IN WITNESS WHEREOF, the parties hereto have hereunto subcribed their names as of thedate above written. CITY OF LUBBOCK, TEXAS J. H. GRANBERRY, MAYOR THE UNITED STATES OF AMERICA /s/ Michel D Hinton Michel D. Hinton Contracting Officer, SW-56-S 72-31-150-368 (24) The following bids were received for the purchase of miscellaneous water items for warehouse stock, being -Bid No. 1985 and 1988. Bid Tabulation set in Bid Book. II After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of M.B. McKee Company for the purchase of Items 1, 3 through 8 of Bid No. 1985 and Items 2 through 4 of Bid No. 1988; to accept the bid of James B. Clow & Sons, Inc., Dallas, Texas, for the purchase of Item 2 of Bid No. 1985; to accept the bid of BowlestEdens Corporation for the purchase of Items, 1, 5 through 8 of Bid No. 1988. 72-31-150-369 The following bids were received for the purchase of electric poles, various sizes, for ware- (25) house stock, being Bid No. 1970. 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 Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Gonroe-Creosoting Company, Conroe, Texas, for the purcase of Item 1; and to accept the bid of C.B. Anderson Company, Amarillo, Texas, for the purchase of Items 2 through 8 . 72-31-150-379 The following Bids were received for the purchase of miscellaneous electric items for '(26) warehouse stock, being Bid No. 1982. 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 hollingsworth, B,.ker and Turner voting Yea, none voting Nay, to accept the bid of Nunn Electric Supply Corp. for the purchase of Item 1; to accept the bid of Graybar Electric Company, Amarillo, Texas; for the purchase of Items 2 through 5, 7, 8, and 10; to accept the bid of Nelson Electric Supply Company for the purchase of Item 6; and to accept the bid of Southwestern Electric Supply for -the purchase of Item 9. 72-31-150-380 The following bids were received for the purchase of sewer tile, various sizes, to establish (27) price for a period of one year, being Bid No. 1975. 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 Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Bowles & Edens Corporation for the purchase of sewer tile, various sizes. 72-31-150-381 The following bids were received for the purchase of water pipe, various sizes, to establish (28) price for a period of one year, being Bid No. 1980. Bid Tabulation set in Bid Book. r L L L�l L 72-31-151-382 (29) 72-31-151-383 (30) 72-31-151-384 (31) 72-31-151-385 (32) After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Gra nbeery and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Wheeler Pipe and Supply Company, E1 Paso, Texas, for the purchase of Items 1 through 4; to accept the bid of Johns Manville Corporation for the purchase of Item 5. Tie bids were received from Johns Manville Corporation and Wheeler Pipe and Supply Company, E1 Paso, Texas, for thepurchase of Item 6. Lot gas drawn and the bid of Wheeler Pipe and Supply Company, El Paso, Texas, wa3accepted. The following bids evere received for the purchase of distribution transformer to establish price until January 1, 1972, being Bid No. 1920. Rid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by C ouncilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of all bidders, in the order numbered, for distribution transformers wi th-the stipulation that if No. 1 can not deliver, than authorize purchase from No. 2, with the same stipulation applying through No. 14. The bidders being as follows: Nelson Electric Supply Company Joe Doran Company Westinghouse Electric Supply Co. Wagner Electric General Electric Supply Company Graybar Electric Company Tansformer Repair Jack_ Tate Company Bernard & Brewer Company Van Tnan Electric Corp. Allis-Chalmers Mfg. Temple Incorporated Fields and Company R.T. & E Corporation The following bids were received for the purchase of fertilizer for various departments, to establish price on approximate quantities, being Bid No. 1972. Bkd Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilmaa Holiingsworth, teconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen NcEtingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Williamson Seed Company for the purchase of fertilizer. The following bids were received for purchase of playground equipment for four new parks, being Bid No. 1965 and 1967. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker. seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Vaughn & Associates Company, Dallas, Texas, for the purchase of Items 1 through 17 of Bid No. 1965; and to accept the bid of Miracle Equipment Company, Grinnell, Iowa, for the purchase of Item I of Bid No. 1967'; and to accept the bid of D. E. Woodward Company, Tulsa, Oklahoma, for the purchase of Items 2 through 6 of Bid No. 1967. The following bids were received for dirt work on A.M. Leftwich Park, being Bid No. 1976. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of DePauw Earth Mover, Amarillo, Texas, for dirt work on A M. Leftwick Park. 72-31-151-386 The following bids weee received for concession rights at all swimming -pools for a period of (33) five years, being bid no 1960. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Granberry and -Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of B & M Vending Company for concession rights for a period of five years at the swimming pools. 72-31-151 -387 The following bids were received for sale of house at 2501 45th Street, being Bid No. 2008. (34) 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 Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the Bid of Mrs. Bob Bybee for sale of house at 2501 45th Street (Parcel # 23) 72-31-151-388 The City Council considered the offer of Sarah Alplanap to sell property at 2410 4th Street. (36) After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the offer of Sara Rlplanap }to sell property at 2410 4th Street for a consideration of $2,090.00 (Parcel # 2) for widening of 4th Street. Leagal description is as follows: ! I The South 17.2 feet of Lot 20, Blobk 2, Paul M Crouch Subdivision of Blocks 15 & 16, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas. ; 72-31-152-389 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (37) Mayor Granberry and Councilmen Hollingsworth,and Baker voting Yea, none voting Nay, to pass Ordinance No. 6346 on fecond and final reading. Councilman Turner abstained from voting on this motion. .ORDINANCE NO. 6346 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION 2.4-A DEFINING MIXED ALCOHOLIC BEVERAGES; ADDING A NEW SECTION 2.64 II (DEFINING INCIDENTAL USE; AMENDING SECTION -2.12A DEFINING BARS,COCKTAIL LOUNGES; ADDING A NEW SECTION 2.92-A DEFINING RESTAURANTS; ADDING A NEW SECTION 10A.1-26A GOVERNING RESTAURANTS; ADDING A NEW SECTION 10.5 GOVERNING RESTAURANT .OFF-STREET PARKING; AMENDING SECTION 11.1-11 GOVERNING HOTELS, MOTELS, TOURIST COURTS, MDTOR LODGES; ADDING A NEW SECTION 11.1-13A GOVERNING RESTAURANTS; ADDING A NEW SECTION 11.5 GOVERNING RESTAURANT OFF-STREET PARKING; AMENDING SECTION 12.1-8 GOVERNING BARS, COCKTAIL LOUNGES, NIGHT CLUBS, SUPPER CLUBS, AMENDING SECTION 12.1-57 GOVERNING DANCE HALLS: ADDING A NEW SECTION 12.5 GOVERNING SEPARATION.FROM RESIDENTIALLY ZONED PROPERTY; ADDING A NEW SECTION 12.6 GOVERNING OFF-STREET PARKING; ADDING A NEW SECTION 13.1-SA GOVERNING BARS, NIGHT CLUBS SUPPER CLUBS, PRIVATE CLUBS; ADDING A NEW SECTION 14.1-10A GOVERNING BARS, NIGHT CLUBS, SUPPER CLUBS PRIVATE CLUBS; AMENDING SECTION 14-A.1-6 GOVERNING BARS COCKTAIL LOUNGES PRIVATE CLUBS NIGHT CLUBS SUP AMENDING SECTION 14-A.1-13 GOVERNING MOTELS; ADDING A NEW SECTION 15. 2-13 GOVERNING/WWMG FOR PRIVATE CLUBS; AMENDING SECTION 17.7 GOVERNING SIGN PERMITS; ADDING A NEW SECTION 21.2A REQUIRING ZONING, CERTIFICATE FOR MIXED ALCOHOLIC BEVERAGE PERMIT; PROVIDING . A SAVINGS CLAUSE AND PROVIDING . FOR PUBTOICATION. 72-31-152-390 Mr. Jerry Trammel of Iceland of Lubbock, Inc., appeared before the City Council in regard to (38) operation of his business located on Slide Road north of 34th treet. Mr. Trammel stated that the property is zoned "C-311, however the land.adjacent to him and abutting the railroad right of way is zoned "R-1". Mr. McCullough, City Manager, stated to the City Council that the staff would try to resolve this zoning Problem. 72-31-152-391 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (7) Pro Tem Hollingsworth'..and Councilmen Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. Mayor Granberry was absent at the time of this motion. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTION OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CIEY AND DIRECTING PREPRA-,I RATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF-LUBBOCK, TEXAS, THAT: 1. Public necessity exists that the following protions of streets, highways, avenues, and/or alleys in the City of Lubbock and along the boundaries therof, be improved as herein provided, to -wit: STREETS FROM TO 60th Street Salem Avenue Toledo Avenue 59th Street Toledo Avenue Utica Avenue 60th Street Toledo Avenue Wtica Avenue Toledo Avenue 59th Street 60th Street Toledo Avenue 60th Street 61st Street 66th Street Loop 289 Toledo Avenue Utica Avenue 66th Street hoop 289 Toledo Avenue 66th street Loop 289 67th Street Loop 289 Toledo Avenue Harvard Street Salem Avenue ]Mica Avenua FA Utica Avenue Itasca Street Harvard Street Salem Avenue Itasca Street Harvard Street Salem Avenue Jarvis Street 'Itasca Street Said portion of streets, highways, and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4') ; course penetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center the: eof. The City Engineer is hereby directed to prepare plans and specifications for such improve-ii ments. IV. Such improvements in each anit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streetq, highways, avenues and/or alleys to be improved shall be assessed for andsshall pay all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS: (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of the constructing curbs in front of such respective property and a part of the remaining L L L L L cost of such improvements, after deducting the sums to be paid by the reailways under sub- paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the -hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALiE Y IMPROVEMENTS .(c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting .the sums to be paid by the railways under sub -paragraph (a) above, in the following manner; All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50) % of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50)% of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90)% of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, and single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the costs of construction alley paving improvements as s pecified above, provided , that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, aslesser amount not to exceed the benefits. _ (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) egoal installments: The first of which shah, becom: due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth instal- lments shall become due on$, two, three, and four years respectively after completion and accept- ance of the improvements in the unit upon which the property abuts, by the City CouncilT and shah bear interest from the date of completion and acceptance until paid bt the rate of six percent per annum on street improvements, and seven percent per annum on alley improvements; Payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued inevidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, and reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 32nd.Segislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. .This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th day of April, 1972. J � 71"R ATTEST j pimr0a Lave a Lcw e, City Secretary -Treasurer 72-31-153-392 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (8) Pro Tem Hollingsworth and Councilmen Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. Mayor Granberry was absent at the time of this motion. RESOLUTION WHEREAS, the City Council of the City of Lubbock by resolutions passed on March 23, 1972 and April 13, 1972, in regular sessions of said City Council declared a necessity for and an ordered the improvement of those certain highways, streets and alleys or portions thereof in the City of Lubbock, Lubbock, Texas, as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities the rein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and direct- ing the City Engineer to prepare plans and spedifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approved by the City Council of the �'ity of Lubbock, Lubbock, Texas.. 72-31-154-393 (5) 72-31-154-394 .(11) WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and -alleys or portions therof; NOW THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: CHAT improving the hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by.excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as.the necessary-cur#s and gutters which are not now in place be and are hereby found -to be necessity; and, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by -the hereinafter described property-abuttting-upon the highway, street or streets, and alleys -or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability, after, public hearing all in accordance with and as required by Article 1105b , of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portions of streets and alleys upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit ire as follows: UNIT AND SUB -UNIT NO, STREETS FROM TO 2226-30 54th Street Salem ?avenue Utica Avenue 2226-31 Vicksbury'Avenue 56th Street 58th Street 2226-32 66th Street Salem Avenue Toledo Avenue 2226-33 81st Street Avenue H Ash Avenue 2226-34 Fordham N Knoxville Avenue N Indiana Avenue 2226-35 Kemper Street N Utica Avenue N. Salem Avenue 2226-36 Jarvis Street N. Utica Avenue N. Salem Avenue 2226-37 E k of Utica Ave Kemper Street Itasca Street 2226-38 Salem Avenue Kemper Street Jarvis Street 2226-39 Salem Avenue 54th Street 55th Street 2226-40 60th Street Salem A enue Toledo Avenue 2226-41. 50th Street Toledo Xvenue Utica Avenue 2226-42 60th Street Toledo Avenue Utica Avenue 2226-43 Toledo Avenue 59th Street 60th Street 2226-44 Toledo Avenue 60th Street 61st Street 2226-45 66th Street- Loop 289 Toledo kvenue 2226-46 Utica Avenue 66th Street Loop 289 2226-47 Toledo Avenue 66th Street Loop 289 2226-48 67th Street Loop 289 Toledo Avenue 2226-49 Harvard Street Salem Avenue Utica Avenue 2226-50 E k of Utica Ave. Itasca Street Harvard Street 2226-61 Salem Avenue Itasca Street Harvard Street 2226-62 Salem Avenue Jarvis Street Itasca Street THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause sate to be recorded in the Deed of Trust Records of Lubboc%' County, Texas This resolution shall take effect and be in force from and after its passage. PBSSED AND APPROVED THIS 13th DAY OF APRIL, 1972. J. H. GRANBERR ' ATTEST: 46;10 t l; Laveni& Lowe, City Secretary -Treasurer Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth and Councilmen Baker and Turner voting Yea, none voting Nay, to pass Ordi- nance No. 6351 on first reading. Mayor Granberry was absent at the time of this motion. ` ORDINANCE N0. 6351 AN ORDINANCE ABANDONING AND CLOSING AVENUE'L FROM 8TH STREET TO 9TH STREET. THE SOUTH OF 8TH STREET FROM AVENUE K TO AVENUE L; AND THE NORTH -SOUTH ALLEY, BLOCK 69, ORIGINAL TOWN OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE STREETS AND ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR BUBLICATION. MotAn !was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6352 on first reading. I 1 .1 THE STATE OF TEXAS I COUNTY OF GRAY I KNOW ALL MEN BY THESE PRESENTS: THIS CONTRACT AND AGREEMENT is entered into by and between the CITY OF PAMPA, Texas, a municipal corporation, hereinafter referred to as "Pampa, " and the CITY OF LUBBOCK, Texas, a municipal corporation, hereinafter referred to as "Lubbock, " for the considerations and agreements hereinafter mentioned. WHEREAS, Pampa has heretofore agreed with the Canadian River Municipal Water Authority, hereinafter referred to as "Authority, " to acquire water from said Authority that is impounded by a dam across the Canadian River some 56 miles northwest of Pampa, Texas; and, WHEREAS, Lubbock is connected with said water source; and, WHEREAS, Pampa will have a surplus of water until their treatment plant is in operation, and Lubbock is notified as hereinafter set out, being approximately 700 million gallons; and, WHEREAS, Lubbock desires to purchase said surplus water. NOW, THEREFORE, the parties agree as follows: Pampa agrees to sell to Lubbock 700 million gallons of untreated water from Pampa's allocated portion of water to be delivered from Lake Meredith between the date of this contract until Pampa's plant is in operation; said water to be made available to Lubbock by the Authority to be charged Pampa's authorized allocation of water from now for the current fiscal year which ends October 1, 1972. Lubbock agrees to pay to Pampa the sum of Twenty-two Thousand Eight Hundred Twenty And No/ 100 Dollars ($22, 820. 00) at 3. 26 cents per thousand for all water delivered under this contract, which payment is to be i made on the signing of this contract. In addition to the above payment to Pampa, Lubbock hereby agrees to pay to the Authority all pumping costs or other charges made by said Authority for the handling of and delivery of this 4 I 1 %0 APR 13 1972 ORDINANCE N0. 6352 AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING ARTICLE III THEREOF ENTITLED "SUERS AND SEWAGE DISPOSAL'J, BY AMENDING SECTION 34-81 THEREOF RELATING TO DEFINITIONS; AMENDING SECTION 34-8E GOVERNING DISCHARGE OF SEWAGE; ADDING THERETO A NEW SECTION 34-82.1 GOVERNING DEPOSIT OF WASTE UPON PRIVATE OR PUBLIC PROPERTY; AMENNIHGSECTION 34-83 GOVERNING TOILET FACILITIES; ADDING THERETO A NEW SECTION 34-86.1 GOVERN- ING VIOLATIONS AND TERMINATION OF SERVICE; AMENDING SECTION 34-88 GOVERNING CONNECTIONS WITH A PRIVATE DISPOSAL SYSTEM; AMENDING SECTION 34-89 GOVERNING PERMITS AND PERMIT FEE; AMENDING SECTION 34-90 GOVERNING EFFECTIVE DATE OF PERMIT; AMENDING SECTION 34-91 GOVERNING'INSPECTION; AMENDING SECTION 34-92 GOVERNING PRIVATE SEWAGE SYSTEM COMPLTANCy. AMENDING SECTION 34-112 GOVERNING DISCHARGE OF STORM WATER; AMENDING SECTION 34-113 GOVERNING PROHIBITED DISCHARGES; AMENDING SECTION 34-114 PROHIBITING OIL AND GREASE DRAINAGE; AMENDING SECTION 34-116 GOVERN- ING PRELIMINARY TREATMENT FACILITIES', ADDING THERETO A M SECTION-34a116.Q, GOVERNING CONTROL OF ADMISSABLE WASTE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATIONS. 72-31-155-395 The City Council considered purchase of Canadian River water from the City of Pampa. After (10) consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry andCouncilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize purchase of -Canadian River Water (summer supply) from the City of Pampa in accordance with the following letter; Letter set in on page 154 4,. Contract set in on Pave 154 B. NO FURTHER BUXINESS COMING UP FOR CONSIDERATION, THE CITY COUNCI /0URNED FRHM REGULAR MEETING, APRIL 13, 1972. A GRANBERRY, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer READ AND APPROVED THIS THE APRIL 27, 1972. ATTEST: Lavenia Lowe, City Secretary -Treasurer x