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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/8/1972L L L L June 8, 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 meets place in the City Hall, the following members thereof being present to -wit: Mayor Morris W. Turner, Councilman Bonnie F. Hollingsworth, Councilwoman Carolyn Jordan, and Councilmen John E. Baker and Dr. Bryge Campbell, City Manager N. B. McCullough, Assistant City Manager Robert Wilson, Assistant City Attorney Kenneth Jones, and City Secretary -Treasure Lavenia Lowe. Absent: City Attorney Fred 0. Senter, Jr. 72-31-2.37- 597 The invocation was given by Tom Martin, Public Information Officer. (1) 72-31-237_-598 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamt (2) 72-31--23X.599 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (3) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to approve City Council Minutes - Regular Meeting held March 24, 1972, and Regular Meetit held.May 25, 1972. 72-31-137-600 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (9) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell votingYea, none voting Nay, to pass Ordinance No. 6378 on second and final reading. ORDINANCE NO. 6371' AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1058-D: CHANGE TWO TRACTS OF LAND OUT OF SECU ON 7, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AS FOLLOWS: CHANGE TRACT i FROM AN "R-3" TO A; "A-V ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31237 •6pl Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (10) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6379 on second and final reading. ORDINANCE NO. 6379 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1695 AND IRE OFFICIAL MAP OF THE CITY OF LUB BLCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO, 1744-A: CHANGE LOT "B" AND THE SOUTH 98.4 FEET OF LOT "C", QUAKER HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "A-2" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITION, PROVIDING A PENALTY; PROVIDING A SAVINGS 91AUSE AND PROVIDING FOR PUBLICATION. 72-31-237.602 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (11) Mayor Turner and Councilmen Hollingsworth, motion carried, Mayor Turner and Councilmen Hollin worth, Jordan, Baker and Campbell voting )tea, none voting Nay, to pass Ordinance No. 6380 on second and final reading. ORDINANCE NO, 6380 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE LOT "B" AND 7RE SOUTH 98.4 FEET OF. LOT "C", QUAKER HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS, DESCRIBED HEREIN FROM FIRE ZONE N0. 3 TO FIRE ZONE N0. 2: DIRECTING THE BUILDING IN- SPECTION ADMINISTRATOR TO INDICATE SUCH CHANGE ON THE OFFICIAL FIRE ZONE MAP OF THE CITY OF LUBBOCK: 72-31-237-603 Motion was made by Councilman Baker, seconded by Councilman Hollingswooth, motion carried, (12) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea,none voting Nay, to pass Ordinance No. 6381 on second and final reading. ORDINANCE N0. 6381 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1818: CHANGE LOTS 1 AND 2, BLOCK 1, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "A-M" ZONING DISTRICT PROVIDING A SAVING SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-237-604 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (13) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none votinf to pass Ordinance No. 6384 on second and final reading. ORDINANCE N0. 6384 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4937 OF THE CITY OF LUBBOCK, COVERING ZONE CASE NO. 1819, LOTS 14, 15, AND 16, BLOCK 16 AND LOTS 12 AND 13, BLOCK 16, MCCRUMMEN SECOND ADDITION, LUBBOCK COUNTY, TEXAS, BY AMENDING CONDITION A-2-c MADE A PART OF SUCH ZONE CHANGE BY REPEALING CONDTION B-3 MADE A PART OF SUCH ZONE CHANGE PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 2 72-31-_23I605 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (14) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker an dCampbell voting Yea, none voting Nay, to pass Ordinance No. 6385 on second and final reading. ORDINANCE NO. 6385 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHAIG E: ZONE CASE NO. 1820: CHANGE LOT 1, BLOCK`l, DRIVE-IN SUBDIVISION ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "A-2" TO A "C-2 " ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 72-31-238-606 Motion was made by Councilman Baker, seconded by'Councilman Hollingsworth, motion carried, (15) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6386 on second and final reading. ORDINANCE NO, 6386 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4357 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED A SPECIFIC USE PERMIT IN ZONE CASE NO. 1054-A: COVERING LOT 3, TRACT C, CAPROCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-238-607 Motion was made by Councilman Baker, seconded by Coude ilman'Hollingsworth, motion carried, (16) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6387 on second and final reading. ORDINANCE -NO. 6387 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1821: CHANGE LOTS 7 AND 8, BLOCK 38, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT; SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-238-608 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (17) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6388 on second and final reading. ORDINANCE NO, 6388 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE N0. 1822: CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2 AND LOTS 2 AND 3, BEREAN BAPTIST ADDITION, CITY OF %ZBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-i" TO AN "R-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVD ING FOR PUBLIQUION. 72-31-238-609 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, -(18) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6389 on second and final reading. 0 ORDINANCE NO. 6389 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT; ZONE CASE NO. 1833 CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK 0, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" ZONING DISTRICT TO AN "A-2" SPECIFIC USE PERMIT, TO -WIT; PROFESSIONAL TYPE OFFICES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-238-610 Mbtibn was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (19) Mayor Turner and Councilman Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6390 on second and final reading. ORDINANCE NO. 6390 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY AMENDING SECTION 2.d9C THEREOF DEFINING NIGHTCLUBS AND/OR SUPPERCLUBS; ADDING A NEW SUB -SECTION 2.82-A (h) DEFINING OFF-STREET PARKING SPACE; AMENDING SECTION 2.92.A DEFINING RESTAURANTS;) AMENDING SUB -SECTIONS (a), (d) and(e) OF SECTION 14-A.1-20 GOVERNING MOBILE HOME SUBDIVISION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. i; 72-31-238-611 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, I' (20) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none Nay, to pass Ordinance No. 6392 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE No. 6392 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 CITT OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bold Fund The sum $7,220.00 For the following purpose: For median construction at South Loop 289 and Slide Road 2-31-238-612 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (21) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6393 on second and final reading. ��•• V IJt ORDINANCE N0. 639: L L L AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 2, RATLIFF ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE 1; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION. 72-31-239-613 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayo (22) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, th 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 and on behalf of the City of Lubbock a Quit Claim Deed _in favor of M & F.CORPORATION, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes o this Council shall constitute and be a part of this Resolution as if fully copied herein in det Passed by the City Council this 8th day of June, 1972. ATTES joyjy'" A La nia we, Ci Sec tary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 2UIT CLAIM DEED THE STATE OF TEXAS I COUNTY OF LUBBOCK X CA#. 6.;Lt..y I'M KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, A Home Rule Municipality in the County of Lubbock, State ofTexa& for and in consideration of the sum of ONE AND N0/100 DOLLARS ($1.00) and other good and valuat consideration to it in hand paid by M & F CORPORATION, the receipt of which is hereby acknowlec does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said M & F CORPORATION, of Lubbock County, Texas, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Tel described as follows, to -wit: The West 20.0 feet of Lot 7, Block 2, Ratliff Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the right, privilege, and appurtenances thereto in any manner belonging unto the said M & F CORPORATION, their successors and assigns, nor any persons claiming under it shall, at any time hereafter, have, claim or demand any right to title to the aforesaid premises or appurtenances or any part there WITNESS MY HAND AT LUBBOCK, TEXAS this 8th day of June, 1972. CITY OF LUBBO�C�K� .d.. (rs/, �MORRIS W. TURNER, MAYOR ATTEST: ven Lowe, ity S retary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City ,Attorney 72-31-239-614 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayo (23) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6394 on second and final reading. ORDINANCE N0. 6394 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BURLESON & OSBORN'S STANTON ADDITION TO 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 ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-239-615 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, May, (24) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, tl the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit -Claim Deed in favor of John L. Scott, 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 8th day of June, 1972. -ORRIS W. TURNER, PAYOR ATTEST: 0. / # 1#7 .S, Lavenia VWAfi easurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney _QUIT CLAIM DEED THE STATE OF TEXAS X COUNTY OF LUBBOCK X KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by JOHN L. SCOTT, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said JOHN L. SCOTT, of Lubbock County, Texas, all its right, title, and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING at a point which is 125 feet South of the Nortl&ast corner of Block 9, Burleson & Osborn's Staton Addition, located in Section 16, Block A, Lubbock County, Texas; THENCE West a distance of 300 feet; THENCE South a distance of 20 feet; THENCE East a distance of 300 feet; THENCE North a distance of 20 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the right, privileges and appurtenances thereto in any manner belonging unto the said JOHN L. SCOTT, his heirs and assigns, nor any persons claiming under him shall, at any time hereafter, have, claim or demand any right to title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 8th day of June, 1972. CITY OF LUBBOCK ._r , MORRIS W. TURNER, MAYOR ATTEST: 9 i L:avenia Lowe, City Secretary- easurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Seater, Jr., City Attorney 72-31-240-616 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (25) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting May, to pass Ordinance No. 6395 on second and final reading. ORDINANCE N0. 6395 AN ORDINANCE CREATING A COMMITTEE TO BE DESIGNATED "LUBBOCK CITY YOUTH COMMISSION"; PROVIDING FOR ITS ORGANIZATION; ESTABLISHING PROCEDURE, PURPOSE AND RESPONSIBILITY FOR SUCH YOUTH COMMIS- SION. 72-31-240-617 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (26) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6396 on second and final reading. I 11 0 I F1 AN APPROPRIATION ORDINANCE y!Y!f S ORDINANCE NO. 6396 L L C L [I - WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Impr ment Bond Fund 76-6061-55 The sum $16,220 For the Following purpose: Acquisition of night of Way to widen University Avenue. 2502 47th Street (Lot 18, Installment #1,, Lortondale Addition) $16,220.00 72-31-241-618 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (27) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION THE STATE OF TEXAS I COUNTY OF LUBBOCK X MOTION was made by Councilman Baker, seconded by Councilman Campbell that the City Council of Lubbock, Texas, agrees to accept the provisions contained in Minute Order Number 66209 passe by the State Highway Commission on May 1, 1972, for the improvement of the Texas Highway Depart ment of the streets described below: Modernizing the traffic control signal systems at 33.intersections on U. S. Highway 62 (19th Street), 34th Street and 50th Street. A copy of said Minute Order Number 66209 is attached hereto and made a part hereof. VOTE ON THE MOTION was as follows: Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay. WHEREUPON, the motion was declared carried. THE STATE OF TEXAS I COUNTY OF LUBBOCK I I, Lavenia Lowe, City Secretary of the City of Lubbock, Texas, do hereby officially certif that the above and foregoing is a true and correct copy of a Resolution passed at a regular Mee held on June 8, 1972. City S cretary, City of L4bbock, Lubbock County, Texas MINUTE ORDER Lubbock County District No. 5 WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in Modernizing the Traffic Control Signal Systems at 33 Intersections on U. S. HIGHWAY 62 (19th Street), 34th Stre and 50th Street; and WHEREAS, it has been determined that such work is eligible for, participation in the Federal TOPICS Program; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Lubbock in suct work;, NOW THEREFORE, the State Highway Engineer is directed to advise the City of Lubbock that the Texas Highway Department will participate in Modernizing the Traffic Control Signal Systems at the requested locations which meet current warrants by financing the cost in the TOPICS Prograa Provided the City will: 1. Prepare construction plans and specifications for the proposed improvements. 2. Furnish all necessary labor and materials for the proposed improvements and perform a] work on a force account basis. 3. Maintain and operate the.systems upon completion in a manner satisfactory to the Department. 4. Adopt and enforce such ordinances and regulations as may be necessary for proper operation of -the installations. to Upon acceptance of the provisions of this Order by the -appropriate officials of the City of Lubbock, IT IS ORDERED that the following Streets be and are hereby designated as METROPOLITAN HIGHWAYS: Street Name Limits Approximate _ Length _ 34th Street By -Pass & 34th Street From U. S. Highway 62 East to 5.0 Mi. U. S. Highway 87 50th Street From Slide Road East to U. S. 5.0 Mi. i Highway 87 Slide Road From U. S. Highway 62 South to 1.0 Mi. 50th Street The State Highway Engineer is directed to enter into agreement with the City of Lubbock covering the details of the proposed improvements and to ;proceed with development of the project in the most feasible and economical manner, at an estimated cost of $340,000, financing the cost in the Federal TOPICS Program. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled, Submitted by; Program Engineer Approved State Highway Engineer Examined and recommended by: Assistant State Highway Engineer Minute Number 66209 Date Passed May 1, 1972 72-31-242-619 Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor (29) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the traffic signal installed at Broadway and Avenue Q in the City of Lubbock, Texas, does not provide for a left turn off of Broadway onto Avenue Q; and, WHEREAS, this is a heavy traffic intersection which endangers the safety and property of motorists using such intersection; and, WHEREAS, this traffic signal is part of the downtown traffic signals provided under the TOPICS program, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Texas Highway Department be and is hereby requested to implement a field change for the installation of a left turn arrow at Broadway and Avenue Q for motor vehicles traffic turning off of Broadway onto Avenue Q in the City of Lubbock, Lubbock County, Texas. Passed by the City Council this 8th day of June, 1972. MORRIS�W. TURNER, MAYOR ATT venia Lowe, City Se retary-Treasurer APPROVED AS TO FORM: IsZ Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney 72-31-242-620 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (30) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUKNCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street.improvement ordinances and resolutions and entered into contract with Zahn Pavers, Inc., G.W.O. 10733 for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 56th Street from its intersection with a line 15.00 feet West.of the West Property Line of York Avenue to its intersection with a line 13.00 feet West of the West Property Line of Wayne Avenue known and designated as Sub -Unit Number 2 of Unit Number 2220. Vicksburg Avenue from its intersection with a. line 18.00 feet South of the South Property Line of 54th Street to its intersection with a line 18.00 feet North of the North Property Line of 55th Street known and designated as Sub -Unit Number 3 of Unit Number 2220. El 0 Salem Avenue from its intersection with a line 5.61 feet North of the South Property Line of 66th Street (West Leg) to -its intersection with a line 7.00 feet North of the South Property line of 67th Street known and designated as Sub -Unit Number 5 of Unit Number 222C C 55th Street from its intersection with a line 15.00 feet West of the West Property Line of York Avenue to its intersection with a line 13.00 feet West of the West Property Line of Wayne Avenue known and designated as Sub -Unit Number 10 of Unit Number 2220. Salem Avenue from Its intersection with a line 15.00 feet South of the South Property Line of 54th Street (East Leg) to its intersection with a line 23.00 feet North of the North Property Line of 55th Street known and designated as Sub -Unit Number 2 of Unit Number 2221 Utica Avenue from its intersection with a line 16.00 feet South of the South Property Lir of 56th Street to its intersection with a line 17.00 feet South of the South Property Line of 58th Street (West Leg) known and designated as Sub -Unit Number 3 of Unit Number 2221. The West half of Salem Avenue from, its intersection with a line 18.00 feet South of the Sc Property Line of 65th Street (West Leg) to its intersection with a line 1.00 foot North of the North Property Line of 66th Street (West Leg) known and designated as Sub -Unit Number 4 of Unit Number 2221. 58th Street from its intersection with a line 18.00 feet East of the East Property Line of Vicksburg Avenue (South Leg) of its intersection with a line 16.00 feet West of the West Property Line of Utica Avenue known and designated as Sub -Unit Number 3 of Unit Num ber 2222. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract, G.W.O. 10,733. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementi"oned alleys, streets, and/or avenc be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and delive certificates in evidence of the assessments levied against the parcels of property abutting upc the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said. contract, and the proce edings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH'DAY OF JUNE, 1972.' ATTEST: g 9L&41Afff1e_ r.- A r , r, e W a 3: 1, Lavenia Lowe, City 5 cretar -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Sen ter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 10,733 Accepted June 8, 1972 MDRRIS W. TURNER, MAYOR QUANTITIES S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Re-sur- Sub-Unit Location 6" Base C & G Return facing 2220-2 2220-3 2220-5 56th Street from 15 feet,West of WPL of York Avenue to 13.0 feet West of WPL of Wayne Avenue. Vicksburg Avenue from 18'feet South of SPL of 54th Street to 18 feet North of NPL of 55th St. 2,557.00 1,272.10 866.49 524.10 19.70 Salem Avenue from 5.61 feet North of the SPL of 66th Street to 7.0 feet North of the SPL of 67th St. 1,584.62 447.20 10.31 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 Improv( went Bond Fund 76-6061-551 The sum $29,850.00 For the following purpose: Acquisition of Right of Way to widen Indiana Avenue. Lots 19 and 20, Johnny & Jack Addition (3402 34th Street Judgement not previously paid $23,800.00 Special Damages 153.00 67. Int. on damages 4/24/72 to 6/22/72 1.48 6% Int. on judgement 5/13/69 -- 6/22/72 4,444.31 Incidental expenditures, Court Costs, Testimony, Appraisals, etc. 1,451.21 $ 29,850.00 72-31-246-624 The following bids were received for Sewage Lift Station for Parks and Recreation Department, (40) being Bid No. 2067. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to accept the bid of Can Tex Industries, Inc., Mineral Wells, Texas, for Sewage Lift Station for Parks and Recreation Department. 72-31-246-625 The City Council considered appointment of 1972 city members to the City and School Board of Tat[ (42) Equalization. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to appoint the following members to the 1972 City and School Board of Tax Equalization. 72-31-246-626 (41) '2-31-246-627 (43) Tom Mills L. 0. Luther Phil Rosen, Sr. Richard B. Amandes Roy Clark Frank Watts Mrs. Max Britt George Scott Jim Horton Jim Turner C. F. Cooke Mrs. Carroll Cobb Fray Salinas C. L. Ervin Joe Birdwell Ken McEachern Mae D. Simmons The following bids were received for purchase of current and potential transformers for use with Watthour Meters to establish price for a period of one year, being Bid No. 2055. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsvo rth, Jordan, Baker and Campbell voting Yea, none voting Nay, to accept the bid of C. B. Anderson Company, Amarillo, Texas, for Items 2, 5 through 12, and 23 through 30; to accept the bid of Allis-Chalmers Manufacturing Company, Amarillo, Texas, for purchase of Items 4 and 13 through 22. Tie bids were received from General Electric Supply Company, Temple, Inc., Graybar Electric Company, Amarillo, Texas, and C. B. Anderson Company, Amarillo, Texas, for purchase of Item 1. Lot was drawn and the bid of Temple, Incorporated was accepted for the purchase of Item 1. Tie bids were received from General Electric Supply Company, Temple, Inc., Graybar Electric Company, Amarillo, Texas, and C. B. Anderson Company, Amarillo, Texas, for the purchase of Item 3. Lot was drawn and the bid of Temple, Incorporated was accepted for the purchase of Item 3. Tie bids were received from General Electric Supply Company, Temple, Inc., and Graybar Electric Company, Amarillo, Texas, for the purchase of Item 31. Lot was drawn and the bid of General Electric Supply Company was accepted for the purchase of Item 31. The City Council considered appointment of Chairman, Vice Chairman and Secretary to serve the " Human Relations Commission for a one year term. After consideration of all information presented, - - - `� cerfa n-speclf3c �Fiii� s out o f o� to rxirnts mr-an-appruveu-prujacc; .... -- I .. -- with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby"appropirated out of the following described bond fund, to -wit: Water Capital Project The sum $1,675.31 For the following purpose: Install water lines ahead of paving 50th Street between Chicago Avenue acid Elkhart Avenue. 72-31-244-622 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (34) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, that the following Resolution be passed. L L L L lug F. J motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Msyoi Turner and Councilmen Hollingsworth, Jordan, Baker -and Campbell voting Yea, none voting Nay, to appoint Virgil Johnson as Chairman, Lorenzo-Sedeno as Vice Chairman and Dr. Hardy Clemons as Secretary to serve the Human Relations Commission for a one year term expiring June 8, 1973. 72-31-247-628 The City Council considered appointment of of one member to the -Electric Utilities Board. The (44) term of Bill Wright expired February 1, 1971, but was extended by the City Council until comple of the Electric Rate Study. After consideration of all information presented, motion was made 1 Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting -Nay, to appoint Jack Powers ti the Electric Utilities Board. Mr. Powers' term will be for six years and will expire February .1978. 72-31-247-629 The City Council considered appointment of one member to the Youth Council to fill the unexpire (45) term of Clark Evans. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to appoint Raymond Peppers to fill the unexpired term of Clarke Evans. Mr. Peppers' term will expire August 8, 1973. 72-31-247-630 Mr. Dirk West appeared before the City Council and presented recommendation of the Parks and (7) Recreation Board that a $30.00 junior membership rate to be effective through June, July, and August, 1972, be established. This to apply to all students through high school. For this $30.00 membership rate, students would be -eligible to play between the hours of 9:00 to 11:00 a and 3:00 to 4:00 p.m. on weekdays. After consideration -of all information presented, motion wa made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbellvoting Yea, none voting Nay, to authorize a $30.00 junior membership rate at Meadowbrook Golf Course to be effective through the end of August, 1972. 72-31-247-631 Mr. J. Q. Warnick, Jr., member of the Electric Utilities Board, appeared and gave summation of (8) study having been made by.this Board concerning general operating policies of Lubbock Power and Light. Also present in the Council Chambers were E. K. Hufstedler, Otha Key, Marold Chapman and Eugene Alderson, members of this Board. Mr. Ken Flagg appeared in regard to this item stat he would like to see Lubbock Power. and Light continue their,.promotional programs on the same ba as Southwestern Public Service Company, however, he requested that the home builders and develo not be restricted from the policy that is now being followed by Southwestern Public Service Cog Mr. Bill Brown of Pioneer National Gas Companyt-appeared in this regard. -.It was unanimously agreed by the City Council that additional information should be received in this regard. 72-31-247-632 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (32) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, tc authorize publication of Notice to Bidders for 1972 Assessment Paving Program, G.W.O. 10,790. 72-31-247-633 (35) 72-31-247-633A (38) NOTICE TO BIDDERS G.W.O. 10,790 1972 STREET PAVING Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the office of the Purchasing Agent until 9:00 A.M. July 6, 1972, for the construction of approxims 66,000 S.Y. of asphalt paving, 34,000 L.F. of curb and gutter and 1000 S.Y. of concrete flat we and related construction for the City of Lubbock, Texas. the above described work will be paid in cash. Construction may be increased by the City up to a 50% increase within 6 months. The City Council will consider the bids on July 13, 1972, at the City Hall, subject to the right tc reject any or all bids and to waive formalities. Bids may not be. withdrawn after they are submitted..; Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in the full amount of the contract price executed.by a surety company authorized to do business in Texas. Plans and specifications are available in the office of the City Engineer, Lubbock, Texas. CITY OF LUBBOCK, TEXAS BY:W Floyd Nesbitt Floyd Nesbitt Purchasing Agent City of Lubbock The City Council considered the offer of the J. H. Green Estate to sell property in Section 2' Block A, for right of way to the landfill north of Lubbock. After consideration of all inform; tion presented, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Y, none voting Nay, to reject the offer of $3,500 by the J. H. Green Estate for property in Sectil 29, Block A, being right of way to landfill. ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF A FIRE AND RESM BUILDING AT LUBBOCK REGIONAL AIRPORT LUBBOCKO TEXAS (NOTICE TO BIDERS) Sealed proposals, addressed to the Honorable Mayor and City Council of Lubbock, Texas for the construction of the above project at the Lubbock Regional Airport, Lubbock, Texas, in accordan with the plans and specifications will be received at the office of the City Purchasing Agent, Room 207, City Hall until 2:00 p.m. o'clock on the 30th day of May, 1972, and then publicly opened and read aloud in the Chamber Room of the City Hall. Bids are to be plainly marked and identified on the outside of the envelope by writing the wor "Bids for the Construction of a Fire and Rescue Building" followed by the complete project tit A certified check or cashier's check, by a bank satisfactory to the City Purcahsing Agent, Lubbock, Texas or a bidder's bond executed by a reliable Corporate Surety Company authorized to do business in the State of Texas, in the amount of a minimum of five percent (5%) of the maximum total bid price and made payable without recourse to the City of Lubbock, Texas must accompany the Bidder's Proposal as a guarantee. Proposals without the required bid guarantee will not be considered. The Contract Documents, including plans, specifications and proposal forma, may be examined without charge at the office of City Purchasing Agent and at the office of the Architects (Whitaker and Hall Architects and Engineers, 2333 50th Street, Lubbock, Texas 79412). General Contractors desiring sets of bidding documents, may obtain them from the Architects (Whitaker and Hall Architects andEngineers, 2333 50th Street, Lubbock, Texas 79412) upon payment of a deposit of One Hundred Dollars ($100.00) for each three sets, said deposit to be refunded upon the return of complete and undamaged documents after the bid opening. All other contractors desiring bidding documents, may purchase them from the Architects (Whitaker and Hall Architects and Engineers) for 'the printing cost. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and to the Equal Opportunity Clause and the bidder must comply and supply all the information required therein. In accordance with the above Notice to Bodders, the following bid was received for the Crash and Rescue Building at the Lubbock Regional Airport: NETMA Company Lubbock, Texas BASE BID ALT. #1 ALT. #2 ALT #3 CAL. DAYS ADD. REC'D $259,000.00 Add: 10,000.00 Deduct; 2,500 Add: 7,000.00 290 1 & 2 After consideration of the,bid received, motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to accept the bid of- NETMA Company for the Crash and Rescue Building at the Lubbock Regional Airport subject to FAA concurrence and authorizing the Mayor to enter into contract for this construction. 72-31-248-634 (31) Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker aid Campbell voting Yea, none voting Nay, to pass Ordinance No. 6399 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6399 WHEREAS, the City Council•of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $3,000.00 For the following purpose: Constructing concrete median in 50th Street from Memphis Avenue to Knoxville Avenue. 72-31-248-635 Motion was made by Councilmen Hollingsworth, seconded by Councilman Baker, motion carried, (46) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting May, to authorize the Mayor to execute the following Acceptance of Offer of Sale of Land for the Canyon Lakes Project from Ann Price Simmons, Betsy Simmons Brown and Barry Simmons Queenan. ACCEPTANCE OF OFFER OF SALE OF LAND Area 10 PROJECT NO: Canyon Lakes PARCEL NO.: Parcel 1 The CITY OF LUBBOCK, LUBBOCK, TEXAS, (hereinafter called the "City" ), does hereby acknowledge and accept that certain Offer of Sale of Land dated May 2, 1972, signed by Anne Price Simmons, Individually and as Agent and Attorney in Fact for Betsy Simmons Brown and Barry Simmons Queenan, (-Hereinafter called the "Seller"); SAVE AND EXCEPT. said conveyance will be subject to the following stipulations and exceptions: 1. In the sale of the kirst tract and Second Tract comprising Parcel 1 of Area10, Canyon Lakes Project, described in said Offer of Sale'of Land dated May 2, 1972, the Sellers shall be entitled to reserve as their property the following: (1) The booster pump; (2) All underground pipe located upon a strip of said First Tract adjacent to the most Westerly boundary line of said First Tract; (3) The underground irrigation pipe leading in a Southerly direction from the West boundary line of the 100.67 acre tract into the Second Tract and then in a Southeasterly direction to the West boundary line of said 100.67 acre tract and the East boundary line of Second Tract; all of which is marked 'Booster", "Pump", and"underground Pipe" upon Exhibit X attached hereto and made a part hereof for all lawful purposes. 2. For and in consideration of the premises and -as a part of the consideration for the execution and delivery of said Offer of Sale of Land dated May 2, 1972, the City does hereby agree to grant and convey unto the Sellers for a period of five (5) years the following described temporary rights, privileges, leases and/or easements, to -wit: L 1 I 0 L L L L A. Sellers shall be entitled to a surface easement for roadway and/or passageway within the dedicated right-of-way along the most Westerly boundary line of the First Tract leading from the Southwest corner of the 100.67 acre tract shown on Exhibit X, which Row is to be dedicated after the property is acquired by the City. The Sellers, at their option, shall alsc have the temporary right of fencing such easement. In this connection the City shall have no obligation to erect, repair, or maintain said,fence, but does reserve the right -of -entry into the fenced area. In the event the -City opens said dedicated right-of-way to public access, then the fence or fences blocking the right-of-way shall -be removed by the Seller. B. The Sellers shall have a surface easement within the dedicated right-of-way for the booster pump for the inspection, operation, maintainge, repair and replacement of said Booster Pump. C. The Sellers shall have an easement within the dedicated right-of-way for an undergroui pipeline leading from the East boundary line of the 44.4 acre tract to the Booster Pump and from the Booster Pump along the West boundary line of the First Tract to the South boundary line of the 100.67 acre tract which easment shall allow the Sellers to inspect, repair, mainta: and replace said underground pipeline. D. The Sellers shall have an easement -with the Second Tract for an underground irrigatioi pipe leading from the West boundary line of the 100.67 acre tract which easement shall allow the Sellers to inspect, repair, maintain and replace sa4d underground pipeleline. E. In consideration of the payment of ONE ($1.) DOLLAR per year, the Sellers shall have the following: (1) A lease for an irrigatign well on that .part of said First Tract marked "Irrigation Well No. 26" on Exhibit X for the purpose of installing, operating and maintaining irrigation well pump and motor in such Irrigation Well No. 26; (2) An easement across the First Tract from the South boundary line of the 100.67 acre tract to said irrigation well in order to have ingress and egress to and from said irrigation well; (3) The right to install surface or underground pipe from such well to the pipeline on the 100.67 acre tract; (4) The right to make proper inspection, maintenance, operation repair, and replacement of said irrigation well pump, motor, and pipeline; and (5) The right to use water from such irrigation well for irrigation and other watering purposes. The City shall have no obligation whatsoever to repair, replace, or maintain said Irriga- tion Well No. 26. 3. In the event that that the use and.enjoument of such right$, privileges, and/or ease= meat by the Sellers, as mentioned in Paragraph 2 above, should become objectionable to the Cit its successors or assigns, during any five (5) year period, then the City of Lubbock, its successors or assigns, shall perform at its sole cost and expense the following: A. The City, its successors or assigns, shall convey to the Sellers a permanent easement across such land that will connect the said 100.67 acre tract with said 44.4 acre tract by a strip of land 20 feet in width, which strip shall be accessible to all traffic between said two tracts of land. B. The City, its successors or assigns, shall move the existing underground pipeline and Booster Pump from the First Tract so that said Booster Pump from the First Tract so that said Booster Pump shall be -located on said 44.4 acre tract and the pipeline shall be located within the dedicated right-of-way and the pipeline shall be connected to the existing pipeline locate upon the 100.67 acre tract of land and the 44.4 acre tract of land. C. The City, its successors or assigns, shall replace the underground irrigation pipe leading from the East Boundary Line of the 100.67 acre tract in such a manner that all of the pipeline will be located on said 100.67 acre tract and will be connected at the new location. 4. In the event that the operations of the Sellers shall not be objectional to the city of Lubbock, Texas, its successors or assigns, then on or before the expiration of said five (5 year term, the City of Lubbock, its successors or assigns, shall convey to said Sellers, for an additional period of time the temporary rights, privileges, and/or easements as mentioned in Paragraph 2 above, or shall perform the items described in Paragraph 3 above. 5. If the terms and provisions of the above mentioned offer of Sale of Land should -be in direct conflict with the terms and conditions of this Acceptance of.the Offer of Sale of Land, then the terms and provisions of this Acceptance shall prevail. This acceptance is intended as a supplemental matter and is not intended to replace said Offer of.Sale of Land in any way whatsoever, other than to described further the specific rights, privileges and/or easemen which the Sellers are to be entitled to enjoy on the First and -Second Tracts described in the Offer of Sale of Land executed by the Sellers on May 2, 1972. 6. This Agreement shall be binding upon the City of Lubbock, Texas. APPROVED: Fred 0. Senter, Jr. City Attorney June 8, 1972 ACCEPTED BY: THE CITY OF LUBBOCK 7)U444Z U1. A".*4A MORRIS W. TURNER, MAYOR James E. Bertram, Director of Planning ANNE PRICE SIMMONS, INdividually and as Agent and Attorney in Fact for Betsy Simmons Brown and Barry Simmons Queenan 72-31-249-636 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (30) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell 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 a LICENSE NO. FASW-943,. ALS, ILS, RT, granted by the City of Lubbock to the United States of America for an APPROACH LIGHT LANE SITE, INSTRUMENT LANDING SYSTEM SITES and REMOTE TRANSMITTER at the Lubbock Regional Airport attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June, 1972. . a MORRIS W. TURNER, MAYOR ATTEST: A&VI-1, tF4 0 vie Lavenia Lowe, City.Secretary-Treasurer DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort tWorth, Texas 76101 X Approach Light Lane Site X Instrument Landing System Sites Radar Sites X Remote Transmitter LICENSE 1. For and in consideration of the benefit to the Lubbock Regional Airport and to the gener- al public utilizing same, -the undersigned, hereinafter referred to as the licensor, hererby granted to -the United States of America the license, right and privilege to install, operate and maintain an approach light lane; and instrument landing system; radar facilities; and necessary control facilities, upon the following described lands in the County of Lubbock in the State of Texas more particularly described as follows: SEE ATTACHED SHEETS 3 THROUGH 6 2. Together with the right of ingress and egress over the said lands and adjoining lands of the licensor, necessary or convenient for the installation, operation and maintenance of the approach light land; and instrument landing system; radar facilities; and M cessary control facilities; and a right-of-way for a power line and control line, overhead and underground, or other facilities, over and across the said lands and adjoining lands of the licensor, said right of ingress and egress and said right-of-way unless hereinbefore described by metes and bounds, to be by the most convenient routes; and the right to utilize any existing power lines, control lines, conduits, or other facilities of the licensor which are adaptable to use in connection with the purpose of this license. 3. The Right of ingress and egress and the right-of-way herein granted shall insure to the benefits of the licensee and its duly authoirzed agents, representatives, contractors and employ- ees. 4. The licensor further agrees not to erect or to allow to be erected on the property licen- sed hereby or on adjacent property of the liceesor, any structure or obstruction of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government under the terms of this license unless consent thereto shall first be secured from the licensee in writing. 5. This license shall become effective 1 July 1972 and shall remain in force until 30 June 1973, and may, at the option of the Government, be renewed from year to year upon the terms herein specified. The Government's option shall be deemed exercised and the license renewed each year for one year unless the Government gives 30 0ays notice that it will not exer- cise its option, before this license 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 1972. 7. All structures, improvements, or other property placed upon the said premises by the United States shall remain its propety and may be removed by it upon the expiration or termina- tion of this license or within 90 days thereafter. 8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this liuense or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the license be for the general benefit of such corporation or company. 9. The licensor hereby warrants that it bas acquired and possesses an adequate real estate right in the property described herein, and that it is authorized to grant to the United States of America, thr rights and interests set forth herein. 10. Covenant Against Contingent Fees: The licensor warrants that no person or selling 1{ agency has been employed or retained to solicit or secure this license upon an agreement or under- standing for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies maintained by the licensor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annual this license without liability or in its discretion to deduct from the contract 1 0 price or consideration, the full a&ount of such commission, brokerage, percentage, or contingen fee. L L L L L Dated this 8th day of June, 1972. CITY OF LUBBOCK. TEXAS IV • S& IS W. TURNER, Y Address Lubbock, Texas _ ACCEPTED: United States of America By: /s/ Milton J Palla Milton J. Palls, Contracting Officer, SW-56 Leage No. DOT-FA73SW-1029 ALS ILS, RT Lubbock Regional Airport Lubbock, Texas 11. APPROACH LIGHT LANE SITE: Beginning at a point -in the centerline on the North end of the N-8 runway, a tract 145 feet wid on ea ciiside of said runway centerline extended for a distance of 200 feet; thence a tract 150 feet wide, being 75 feet on each side of the extended centerline for a distance of 22900 feet from the above 200 foot station, end}ng at a point 3,100 feet from the and of said runway; and containing 12.1 acres, more or less; being situated in and adjacent to Lubbock Regional Airport Lubbock County, Texas. As more particularly shown in red on FAA Drawing No. FW-E-1752-2 dated 3 May 1952 marked EXHIBIT "A" attached hereto and made a part hereof. The licensor shall secure and provide Federal Aviation Administration with all permits, easemen and right-of-enliry agreements required for construction and installation of structures and cabl on, over or underground, across railroads, highways, roads or other properties within the area designated. It shall be the responsibility and obligation of the licensor to obtain and maintain an aerial zoning ordinance providing for'no obstruction to be higher than the approach lights within an area 200 feet wide on each side of acid for 2,770 feet along said centerline from the end of run and from that point it shall be the responsibility and obligation of the licensor to obtain and maintain as stated above an area 75 feet wide on each side of the centerline of the runway, bei 150 feet wide, for an additional distance of 390 feet; escept agricultural crops to a height of six feet may be grown outside of the licensed area outlined above. 12. REMOTE TRANSMITTER: From the NW corner of Section 28,' Block "A", Lubbock County, Texas, a point in East R/W fence I of U.S. Highway No. 87, south along fence line 1,400 feet to the Point of Beginning; thence East 150 thence South 100 feet; thence West 150 feet to said fence line; thence North along fence line 100 feet and returning to the -Point of Beginning and containing 0.34 acre, more or less, on the Lubbock Regional Airport. Bearings are true As more particularly shown in red on FAA Drawing No. 4-B-4497-1 dated 2 April 1952 marked EXHIBIT "B" attached hereto and made a part hereof. 13. LOCALIZER: From the Northeast corner of the Northwest quarter of Section 10, Block A, Lubbock County, Tex, at a fence corner and the Point of Beginning go South 1,320 feet, more or less, to fence cornea thence West 605 feet with fence line; thence North 255 feet; t:ience East 575 feet; thence Nortt 1,065 feet, more or less; thence East 30 feet to the Point of Beginning and containing 4.28 acres out of Northwest quarter of Section 10, Block A, Lubbock County, Texas. Bearings are tri As more particularly shown in red on FAA Drawing No. 4-D-3122-2 dated 30 March 1949 marked EXH] "C" attached hereto and made a part hereof. The City Will not erect or allow to be erected on properties awned or under the control of the any structures or obstructions around the localizer site as specified below, unless written permission is obtained from the Federal Aviation Administration. A. No structure or bbstruction within 750 feet of the antenna shelter or within the 250 segment as indicated on EXHIBIT "C" attached hereto. B.- Any structure or obstruction between 750 feet and 1000 feet of the antenna shelter sh: be limited to 10 feet in height. The City of Lubbock will obtain permission to -install required power and control cables under the county road at the southend of the North -South runway. South of the county road cables ma; be run across the adjoining land by the most convenient route to the localizes site. 14. GLIDE SLOPE For a starting point begin at the center of the north paved end of the N-S Instrument Runway; thence SO° 20' E, 1000 feet along the centerline of said runway to a point; thence N 89040' E, 300 feet to a point, the Point of Beginning of this tract; thence N 0020' W, 300 feet to a poi thence N 89040' E. 200 feet to a point; S 00 20 % 375 feet to a point; thence S 89040'W, 200 to a point; thence N 0020' W, 75 feet to the Point of Beginning, said tract containing 1.72 acres more or less. All bearings aretrue. As more particularly shown in red on FAA Drawing No. FW-B-1350=4A dated 22 April 1963 marked EXHIBIT "D" attached hereto and made a part hereof. Also a road right-of-way being 15 feet each side of a centerline beginning at a point S 0020' E, 10 feet from the northwest corner of the above described plot and extending on a true bearing of N 63020' W, 303 feet to the east edge of runway, said ppint being 1,137 feet from the present north paved end of runway, All bearings are true 15. ENGINE GENERATOR SITE: A tract of land located on the Lubbock, Texas, Regional Airport, Lubbock County, Texas, and more particularly described as follows: From the southermost corner of the Admin- istration building go southwesterly 770 feet; thence SE 15 feet to a point of Begin- ning; thence SE 55 feet; thence SW 60 feet to the Point of Beginning and containing 0.77 acre, more or less. Bearings are true. As more particularly shown in red on FAA Drawing unnumbered dated 2 October 1953 marked EXHIBIT "E" attached hereto and made a part her eof. 16. NON -RESTORATION: It is hereby agreed between the parties that, upon the termination of its occupancy, the 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 equip- ment installed in or located upon salad propertyby the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. 17. TERMINATION: The Government shall have the right and privilege to terminate this License at any time during the initial term, or any renewal thereof, by giving thirty (30) days notice in writing to the Licensor, such notice to be computed from the postmark date cited on the envelope in which said notice is mailed. 18. FUNDING RESPONSIBILITY CLASS I - II FACILITIES The airport owner agrees that any relocations, or replacement, or modification of any Federal Aviation Administration 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 improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilites will be at the expense of the air- port owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements or modifications are necessitated due to causes not attributable to either the airport owner or the Govern- ment, funding responsibility 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 ALS and Components -CLASS II FACILITIES Visual Landing Aids Direction.Finding LPquipment VOR, TVOR, VORTAC (Instrument Approach) Weathere observing & Measuring Equip (Owned & Operated by FAA) Central Standby Power Plant Long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight service station Peripherals (Remote Control Remote Communications Outlet Air -Ground Communication Facilitiy) Limited Remote Communications Outlet Othere en route facilities 19. DELETIONS AND ADDITIONS: The follow ng alterations were made to this license prior to its execution: Article 6 was deleted in its entirety Articles 11, 12, 13, 14, 15, 16, 17, 18, And 19 were added. 12-31-252-637 Mr. E. E. Alexander appeared before the City Council requesting permission to pave the (a) south one-half of 33rd Street from Brownfield Highway east approximately 150 feet. After consideration, it was unanimously agreed by the City Council to authorize a Street Use License to meed Mr. Alexander's requirement. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Council= men Hollingsworth, Jordan, Baker and Campbell 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 theCity of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a street Use License in favor of. E. E. Alexander, attached herewith which shall be spread upon the minutes of the Council I El shall constitute and be a part of this Resolution as if fully copied herein in detail. l r L C Passed by the Council this 8th day of June, 1972. ATTEST: f venia Lowe, City Se retary-Treasurer STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 8th day of June, 1972, Home Rule Municipal Corporations and E. E. ALEXANDER, called "LICENSEE." WITNESSETH: Aumez a MORRIS W. TURNER, MAYOR between the CITY OF LUBBOCK, TEXAS, a .of Lubbock County, Texas, hereinafter Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of 33rd Street to construct and maintain a paved access to Dollie's Pies located at 5023 Brownfield Road furthe3 described by metes and bounds, as follows, to -wit: BEGINNING at the Northeast corner of Lot 1, Block 4, Hillcrest Community Center Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South right-of-way line of 33rd Street a distance of 38.70 feet; THENCE North 52059'05" East a distance of 41.53 feet; THENCE East along the center line of 33rd Street a distance of 71.84 feet; THENCE South a distance of 25.00 feet; THENCE West 66.30 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, at its electioi 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, postag+ adddressed to LICENSEE at Routh 4, Box 63, Lubbock, Texas 79410. Upon expiration or cancellation and revocation of this iicense by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original conditionat no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum .of FIVE AND N01100 ($5.00) DOLLARS per year- for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license. 3. Payment of the annual fee provided above, except the initial payment shall be made by LICENSEE to CITY OF LUBBOCK on January 1st of each year this license is in effect. Notice such fee being due shall be sent by the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall consider such non-payment as a default in this license, and the City Council shall determine whether -such license shall be considered forfeited and may elect to demand vacation by LICENSEE. 4. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewal and utilities of any nature occasioned by the construction as authorized by this license. 5. In the event the CITY OF LUBBOCK determines that the existence of such use interfers with or causes the re-routing or re-alighment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK OR franc utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may b for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 6. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 7. This license is made subject to the condition that sould the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEES his heirs and assigns, will at all times defend, indemnify and other- wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demand, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agree- ment with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The eITY OF LUBBOCK may further required such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by con- tractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment -of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 8. LICENSEE agrees and is.required too furnish a policy of public ..-liability and property damage insurance, within limits specified by,•and in a form satisfacory to the City Attorney for the CITY OF LUBBOCk and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 9. All of the convenants•;and provisions of this license shall be binding upon and inure to the.benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without ti.e consent of the CITY OF LUBBOCK in,each instance except as specified in Paragraph (6). 10. 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 termination or cancellation of this license. CITY OF LUBBOCK un1RR TR W - TITRMVR MAVAR ATTEST: .limy Lavenia Lowe, City Se retary-Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. _ Fred 0. Senter, Jr. APPROVED: /s/ Sam Wahl Sam Wahl, -Director of Public Works AGREED TO AND ACCEPTED this 8th day of June, 1972. ATTEST: Secretary LIC By: NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, JUNE 8, 1972. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer READ AND APPROVED THIS THE 22nd DAY OF JUNE, 1972. ATTEST: Lavenia Lowe, City Secretary -Treasurer MORRIS W. TURNER, MAYOR 0 I