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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/10/1972- ■�li August 10, 1972 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Morris W. Turner and Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Councilmen John E. Baker and Bryce Campbell, City Attorney Fred 0. Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: N. B. McCullough, City Manager 2-31-328-798 The invocation was given by Al Couch, Director of Public Services. (1) 2-31-328-799 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 2-31-328-800 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, 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 July 26, 1972, and July 27, 1972. 2-31-328-801 Mr. Arnold Maeker appeared before the City Council and discussed whether or not the Citizens (5) Advisory Commission for Long Range Rehabilitation should continue. to be active, said Commission having been established May 15, 1970, following the May 11, 1970 tornado. After discussion of all information presented,, it was unanimously agreed by the City Council that since work is not completed, this Commission should continue to function. The City Council expressed appreciation .for the work accomplished by this Commission. 2-31-328-802 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (6) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbgll voting Yea, none voting Nay, to pass Ordinance No. 6422 on second and final.reading. ORDINANCE NO. 6422 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; Widening of Fourth Street 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 76-6061-551 GWO 10755 The sum $9,125.00 For the following purpose: Acquisition of Right -of -Way to widen Fourth Street. Parcel #30: A portion (2336 sq.ft.) of land out of Lot 3, Block 3, Roberts & McWhorter Addition to the City of Lubbock, Texas $9,000.00 Supplemental Expenditures 125.00 Total $9,125.00 ?2-31-328-803 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (7) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6423 on second and final reading. ORDINANCE NO. 6423 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Library Bond Fund The suns $1,119,009 For the following purpose: Constructing and equipping of -Lubbock City -County Library: Architect Fee: 12,600 Construction and Equipment: $1,106,409 72-31-328-804 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (8) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6420 on second and final reading. ORDINANCE NO. 6420 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF FRANKFORD AVENUE FROM 19TH STREET TO 41ST STREET; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULA- TIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 72-31-329-805 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (9) Turner and Councilmen Hollingsworth, Jordan, -Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6414 on second and final reading. ORDINANCE No. 6414 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK y SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1828: CHANGE LOTS 9 AND 10, BLOCK 58, OVER - TON ADDITION, CITY OF LUBBOCK,'LUBBOCK COUNTY, TEXAS, FROM A "C-2" TO AN "A-2" ZONING DISTRICT: a SUBJECT TO CONDITIONS:- PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. 72-31-329-806 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (10) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6415 on second and final reading. ORDINANCE NO. 6415 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE LOTS 9 AND 10, BLOCK 58, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK-COUNTY, TEXAS, DESCRIBED HEREIN FROM FIRE ZONE NO. 2 TO FIRE ZONE NO. 3: DIRECTING THE BUILDING INSPECTION ADMINISTRATOR TO INDICATE SUCH CHANGE ON THE OFFICIAL FIRE ZONE MAP'OF THE CITY OF LUBBOCK. 72-31-329-807 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (11) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6416 on second and final reading. ORDINANCE NO. 6416 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1-695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1829: CHANGE LOTS 13 AND 14, BLOCK 37, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DIS- TRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-329-808 Motion was made by Councilman Baiter, seconded by Councilman Campbell, motion carried, Mayor (12) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6417 on second and final reading. ORDINANCE NO. 6417 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. 1830: CHANGE LOTS 363 THRU 366, MELONIE PARK SOUTH ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE; and PROVIDING FOR PUBLICATION. 72-31-329-809 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (13) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6418 on second and final reading. ORDINANCE NO. 6418 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. 1831: CHANGE LOTS 14, 15, AND 16, 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. 72-31-329-810 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (14) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6419 on second and final reading. ORDINANCE NO. 6419 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBCCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1825: CHANGE LOTS 1-4, 77-92, 153-158, TRACTS B & C, FROM AN "R-1" TO AN "R-2" ZONING DISTRICT AND CHANGE TRACT A FROM AN "R-l" TO A 11C=2" ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSi AND PROVIDING FOR PUBLICATION. 72-31-329-811 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (15) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6424 on second and final reading. ORDINANCE NO. 6424 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 28 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 28-79 THEREOF PROVIDING A STATEMENT OF POLICY; AMENDING SECTION 28-80 PROVIDING FOR DESIGN, LAYOUT AND PLANS FOR ALLEYS; AMENDING SECTION 28-81 PROVIDING FOR SPECI- FICATIONS FOR CONCRETE ALLEYS; ADDING THERETO A NEW SECTION 28-81.1 PROVIDING SPECIFICATIONS FOR SOIL -CEMENT ALLEYS; AMEND SECTION 28-84 PROVIDING FOR CITY PARTICIPATION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-330-812 Mrs. Louise Cummins, President League of Women Voters of Lubbock, appeared before the City (16a) Council and read the following statement: Thank you for this opportunity to appear before you on behalf of the League of Women Voters. When our members were gathering signatures for a repeal of the garbage service charge ordinance many people told -us they were signing .the petition because they believed there was no correlation between water usage and garbage production. Apparently you have found this to be the case and are, therefore, seeking to create a standard charge of S2.00 for garbage pick- up. Other people objected to a charge that would keep going up with no citizen control. We believe the whole problem of garbage collection, garbage disposal, and service charges is too important to be dealt with hastily. We hope you -will re -consider this amendment and take the opportunity to create a garbage service charge that is fair to all the citizens of Lubbock. Our surveys indicated that people with lower incomes produce less garbage. A flat rate charge will place the heaviest burden on those people least able to pay. A service charge, to be equitable, must be based on the amount of service rendered. We realize that this is the more difficult way of raising revenue. One of the first principles of taxation is that it is always easier and less costly to administer a flat rate, arbitrary tax than to administer one that is equitable. When you consider amending the present garbage service charge ordinance, we urge you to construct a -garbage charge whose burden falls correlative to garbage collection and disposal. 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 that the City Staff be requested -to furnish the City Council a list of the cases that would be considered "hardship" in connection -with the garbage charge in order that further con- sideration may be given to this request. 72-31-330-813 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (16) Turner and Councilmen Hollingsworth, Baker and Campbell voting Yea, Councilwoman Jordan voting Nay to pass Ordinance No. 6425 on second and final reading. ORDINANCE NO. 6425 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SUB -SECTIONS (1), (2) and (3) OF SUB -SECTION (a) OF SECTION 14-7.3, PROVIDING FOR A CHARGE FOR GARBAGE AND TRASH COLLECTION - BILLING AND COLLECTION; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-330-814 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (17) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6421 on second and final reading. ORDINANCE NO. 6421 AN ORDINANCE ABANDONING. -AND CLOSING A PORTION OF SALEM AVENUE BETWEEN 62ND AND 63RD STREETS; AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF THE PORTION OF SAID STREET, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-330-815 Motion was made by Councilman Hollingsworth, seconded by'Councilwoman Jordan, motion carried, (18) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay that the following resolution be passed. RF.g1)T.i1TTnW 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 suit Claim Deed in favor of Mrs. F. M. Shawver, 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 loth day of August, 1972. /s/'Morris W. Turner, Mayor ATTEST: /s/ Lavenia Lowe, City -Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK - - - 4 V T 4 THAT the CITY -OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) ]COLLARS and other good and valuable consideration to it in hand paid by MRS. F. M. SHAWVER of the City of Lubbock, Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said MRS. F. M. SHAWVER, all their 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 the Northeast corner of Lot-1, Block 5, Slidell Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 125.00 feet'al'ong the East line of said Lot 1, Block 5, Slidell Addition to a point, said point being 5.00 feet North of the Southeast corner of Lot 1, Block S,.Slidell Addition; THENCE East a distance of 15.9 feet to a point; THENCE North a distance of 125.00 feet to a point; THENCE West a distance of 15.9 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said MRS. F. M. SHAWVER, of Lubbock County, Texas, her heirs and assigns, nor any persons claiming under it shall at any time here- inafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this loth day of August, 1972. CITY OF LUBBOCK s/ Morris W. Turner, Mayon ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer 72-31-331-816 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (19) Mayor 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 for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Commercial Land Consul- tants, Incorporated, 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 if fully copied herein in detail. Passed by the City Council this loth day of August, 1972. ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Morris W. Turner, Mayor 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 N01100 ($1.00) DOLLARS and other good and valuableF' consideration to it in hand paid by COMMERCIAL LAND CONSULTANTS, INCORPORATED of Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, } DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said COMMERCIAL LAND CONSULTANTS, INCORPORATED,, all their 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 the Northeast corner of Lot 20, Block 5, Slidell Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the east line of said Lot 20, Block 5, Slidell Addition a distance of 130.0 feet 1 I� to a point, said point -being the Southeast corner of said Lot 20, Block 5, Slidell Addition; THENCE North 790 18' 54" East a distance of 16.18 feet to a point; THENCE.North a distance of 127.0 feet to a point; THENCE West a distance of 15.9 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said COMMERCIAL LAND CONSULTANTS, INCORPORATED, of Lubbock County, Texas, their heirs and assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the afore- said premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this loth day of August, 1972. CITY OF LUBBOCK s/ Morris W. Turner, Mayor ATTEST: Isl Lavenia Lowe, City Secretary-Treasrurer 72-31-332-817 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (20) Mayor 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 for and on behalf of the City of Lubbock a Quit Claim Deed in favor of David Schleuse and wife, Shirley Jo Schleuse, 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 10th day of August, 1972. ATTEST: s/ Morris W. Turner, Mayor /s/ Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK QUIT CLAIM DEED 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 NO/100 ($1.00) DOLLARS -and other good and valuable consideration to it in hand paid by DAVID SCHLEUSE and wife, SHIRLEY JO SCHLEUSE of Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said DAVID SCHLEUSE and wife, SHIRLEY JO SCHLEUSE, all their 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 the Northwest corner of Lot 29, Quail Ridge Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the West line of said Lot 29, Quail Ridge Addition a distance of 124.00 feet to a point, said point being the Southwest corner of said Lot.29, Quail Ridge Addition; THENCE South 79* 18' 54" West a distance of 16.18 feet to a point; THENCE North a distance of 127.00 feet to a point; THENCE East a distance of 15.9 feet to the POINT OF BEGINNING. N. 1'. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances in any manner belonging unto the said DAVID SCHLEUSE and wife, SHIRLEY JO SCHLEUSE of Lubbock County, Texas, their heirs and assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the afore said premises or appurtenances or any part thereof. f• WITNESS MY HAND AT LUBBOCK, TEXAS, this loth day of August, 1972. CITY OF LUBBOCK /s/ Morris W. Turner, Mayor ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer 72-31-333-818 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (20a) 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 for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Don Mitchusson and wife, Beverly Jean Mitchusson, 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 a as if fully copied herein in detail. Passed by the City Council this loth day of August, 1972. ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK -Is/ Morris W. Turner, Mayor KNOW ALL MEN BY THESE PRESENTS: q THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by DON MITCHUSSON, and wife, BEVERLY JEAN MITCHUSSON, of the City of Lubbock, Lubbock County, Texas, the receipt of which is hereby acknowledge, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said DON MITCHUSSON and wife, BEVERLY JEAN MITCHUSSON, all their right title and interest in and to that certain i tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING at the Northwest corner of Lot 28, Quail Ridge Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the West line of said Lot 28, Quail Ridge Addition a distance of 125.00 feet to a point, said point being the Southwest corner of said Lot 28, Quail Ridge Addition; THENCE West a distance of 15.9 feet to a point; THENCE North a distance of 125.0 feet to a point; THENCE East a distance of 15.9 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said DON MITCHUSSON and wife, BEVERLY JEAN MITCHUSSON, of Lubbock County, Texas, their heirs and assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 10th day Of August, 1972. CITY OF LUBBOCK /s/ Morris W. Turner, Mayor v 1 ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer 72-31-334-819 In accordance with the Notice of Zoning Hearing of record in Minute Book No. 31, Page No. 309, (21) hearing was called to consider amending sections of the Zoning Ordinance involving junk yards, garage sales, and household pets. Mrs. Alvarado, a member of the Community Action Board, appeared before the City Council with the request that dogs be kept in pens or on a leash as required in a City Ordinance. No one appeared in protest to this proposed amendment on July 26, 1972, or on this date. Mayor Turner announced that the hearing was closed. After consideration of -all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6426 on first reading. ORDINANCE NO. 6426 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 2.55A DEFINING GARAGE SALES; ADDING A NEW SECTION 2.89A DEFINING PET STORES; ADDING A NEW SECTION 6.1-8 GOVERNING GARAGE SALES; REPEALING SECTION 14.2-11; AMENDING SECTION 15.1-1-8 GOVERNING ANIMALS AND FOWLS; REPEALING SECTION 15.1-1-8-1; REPEALING SECTION 15.1-1-8-1; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-334-820 NOTICE OF INTENTION OF THE (22 & 23) CITY OF LUBBOCK, TEXAS TO ENTER INTO A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS Pursuant to a Resolution duly adopted on May 25, 1972, by the City Council of Lubbock, Texas, motice is hereby given of the intention of the City of Lubbock, Texas, to enter into a Cooperation Agreement with the Housing Authority of the City of Lubbock, Texas, and further; Notice is hereby given that at the expiration of sixty (60) days from the date of firt publication, the City Council of the City of Lubbock Texas will consider the question of whether or not it will enter into a Cooperation Agreement with the Housing Authority of the City of Lubbock, Texas. A copy of the proposed Cooperation Agreement is available for the inspection of the public at the office of the City Secretary during business hours. This Notice is given and published pursuant to the Housing Cooperation Law of the State of Texas. /s/ Lavenia Lowe, City Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of Public Hearing, hearing was held to consider a Cooper- ation Agreement between the City of Lubbock and the Housing Authority of the City of Lubbock, Texas. Mr. Bill Pierce, Executive Director of the Housing Authority of the City of Lubbock, appeared before the City Council and presented a request that the Cooperation Agreement between the City of Lubbock and the Housing Authority of Lubbock be approved. Mayor Turner called for other persons who wish to appear for this hearing to come forward, but no one appeared; where- upon, Mayor Turner announced that the hearing was closed. After consideration of all infor- mation presented, 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 that the following resolution be passed. RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, TEXAS AND AUTHORIZING ITS EXECUTION WHEREAS, the City of Lubbock, Texas, has caused to be published twice in its officially designated newspaper the notice of its intent to enter into a Cooperation Agreement with the Housing Authority of the City of Lubbock, Texas; and WHEREAS, sixty (60) days or more have elapsed since the date of the first publication of said Notice, with no petition for election being filed in accordance with the Housing Coopera- tion Law of Texas; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AS FOLLOWS: 1. The Cooperation Agreement between the City of Lubbock, Texas, and the Housing Authority of the City of Lubbock, Texas, is hereby approved. 2. The Mayor of the City of Lubbock, Texas, is hereby authorized and directed to execute said Agreement and the Secretary -Treasurer of the City of Lubbock, Texas, is hereby authorized and directed to seal and attest said Cooperation Agreement in the name of the City of Lubbock, Texas. 3. This Resolution shall become effective immediately. 4. The Cooperation Agreement is in the form as attached hereto 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 loth day of August, 1972. 72-31-334-A-820a Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor (23ay { } Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of Low - rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Department of Housing and Urban Development shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the Housing Authority of the City of Lubbock, Texas (herein called the "Local Authority") is a public housing agency and is applying to the Department of Housing and Urban Development for a preliminary loan to cover the costs of surveys and planning in connection with the development of low -rent housing. NOW, THEREFORE, be it resolved by the City Council of the City of Lubbock, Texas, as follows: 1. There exists in the City of Lubbock, Texas, as need for such low -rent housing at rents within the means of low-income families; 2. The application of the Local Authority to the Department of housing and Urban Develop- ment for a preliminary loan in an amount not to exceed $80,000.00 for surveys and planning in connection with low -rent housing projects of not to exceed approximately 200 dwelling units is hereby approved. Passed this loth day of August, 1972. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney I 72-31-343-829 Motion was made by Councilwoman Jordan,. seconded by Councilman Baker, motion carried, Mayor '(34) h Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6430 on first reading. i ORDINANCE NO. 6430 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of -the City of Lubbock finds it is necessary to appropriate certain 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 Capital Project Fund The sum $4,000.00 For the following purpose: Installation of pipe and valves in system.in vicinity of Slaton Highway and.Holly Avenue. 72-31-343-830 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (35) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6431-on first reading. ORDINANCE NO. 6431 AN ORDINANCE REPEALING APPROPRIATION ORDINANCES NUMBER 6195 AND 6197 OF THE CITY OF LUBBOCK TEXAS. 72-31-343-831 The City Council considered the request of Bigham Brothers Manufacturing Company for authoriza- (30) tion to construct paving on the east one-half of Globe Avenue from East 37th Street to the alley north of East 36th Street. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to grant this request. 72-31-343-832 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (36) 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 for and on behalf of the City of Lubbock an Underground Utility Easement in favor of Pioneer Natural Gas Company, 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 Resolu- tion as if fully copied herein -in detail. Passed by the City Council this 10th day of August, 1972. s/ Morris W. Turner, Mayor ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /.s/ Fred 0. Senter, Jr., City Attorney UNDERGROUND UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL HEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, being the owner of the hereinafter described property, for and in consideration of the sum of ONE DOLLAR and other good and valuable consideration to it in hand paid by PIONEER NATURAL GAS COMPANY, a corporation, receipt of which is hereby ac- knowledged and confessed by Grantors, do hereby GRANT, SELL and CONVEY and by these presents have GRANTED, SOLD and CONVEYED unto the said PIONEER NATURAL GAS COMPANY, its successors and assigns, a permanent and perpetual underground easement for the purpose of laying, constructing, reconstructing, maintaining a natural gas line, with the rights of ingress, egress and regress at any and all times, in, on, under, along and across the following described tract of land located in the City of Lubbock, Lubbock County, Texas, to -wit: A 15.0 foot easement out of the Southeast quarter of Section-17, Block A, Lubbock County, Texas, the center- line of which is more particularly described as follows: f1YY a - •vrr BEGINNING at a point 1111.9 feet North and 940.0 feet West of the Southeast corner of Section 17, Block A, said point being the end of an existing utility easement as recorded in Volume 627, page 453; THENCE West a distance of 360.0 feet to a point. TO HAVE AND TO HOLD all and singular the privileges aforesaid unto it, the said PIONEER NATURAL GAS COMPANY, its legal representatives, successors and assigns to their proper use and behalf forever, SUBJECT TO THE FOLLOWING RESERVATIONS AND CONDITIONS: 1. If at any time the surface of the hereinabove described land is disturbed for inspec- tion, repair and maintenance, the Grantee by the acceptance hereof and uses to be made of said easement obligates itself, its successors and assigns to repair and leave the sur- face in its original condition.. 2. If in the event the sub -surface improvements placed within such easement by Grantee become objectionable or contrary to the public use to be made of the surface of said easement by Grantor then in such event the Grantee upon written notice of action taken by the City Council of the City of Lubbock declaring the objectionable and contrary use character of such improvement the Grantee -shall at its own expense remove such improve- ments and by the acceptance and use hereof obligates. itself, its successors and assigns to do so. 3. The City reserves the right to use the surface of the easement for any construction deemed appropriate for the public use for which said land is dedicated. In Witness Whereof the Grantor has caused these presents to be executed by its Mayor this the loth day of August, 1972. /s/ Morris W. Turner, Mayor ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ACCEPTED AND APPROVED this day of , 1972 by PIONEER NATURAL GAS COMPANY, acting by and through its District Manager, J. T. Sims. Isl J. T. Sims, District Manager of Pioneer Natural Gas Company 72-31-344-833- Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (37) 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 for and on behalf of the City of Lubbock an Alley Use License in favor of McLain Enterprises, 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 ldth day of August, 1972. ATTEST: Isl Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr., City Attorney ALLEY USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK Is/ Morris W, Turner, Mayor This indenture made -this loth day of August, 1972, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and M,CLAIN ENTERPRISES, of Lubbock County, Texas, herein- after called "LICENSEE." WITNESSETH Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, its successors and assigns, the right., privilege and license to install temporary paving on the following described alley, to -wit: BEGINNING at the Southeast corner of Lot 3, Block 79, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 182.0 feet to a point said point being the Southeast corner of Lot 10, Block 79, Original Town Addition; THENCE East a distance of 20.0 feet to a point said point being the Southwest corner of Lot 11, Block 79, Original Town Addition; THENCE North a distance of 182.0 feet to a point said point being the Southwest corner of Lot 18, Block 79, Original Town Addition; THENCE West a distance of 20.0 feet to the POINT OF BEGINNING 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council, and the CITY OF LUBBOCK retains the right, as its elec- tion to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at Box 1393, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of this license by the'LICENSEE, upon request of the CITY OF LUBBOCK, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after 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. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 3. The LICENSEE agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determined that the existence of such use interfers with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and -above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or commence any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, idemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, de- mands, 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 agreement 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, lia- bility, cost and expense growing out of the performance of the work to be done by such con- tractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construc- tion, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions con- tained 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 expense or the payment of any such claims or de- mand in order to give LICENSEE -a reasonable opportunity to settle or adjust the same. 1. 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 termi- nation or cancellation of this license. CITY OF LUBBOCK /s/ Morris W. Turner, Mayor i ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 11114411TOIfL") Isl Sam Wahl, Director -of Public Works AGREED TO AND ACCEPTED THIS LICENSEE: McLAIN ENTERPRISES s/ T. C. McLain, President 72-31-346-834 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (38) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, through the forceful request made by the Association of Curb Eliminators, the City Council has been made aware of the many man made barriers that impede or restrict the mobility of physically impaired persons that prevent them from participating in and enjoying their pursuit of a livelihood and the pleasure of living in the City of Lubbock, and WHEREAS, the City Council is concerned about restrictions presented to the physically impaired persons living in Lubbock, and WHEREAS, the City Council is of the opinion that the whole community should become aware of the many architectural barriers which deny to the physically disabled full usage of the facilities in various buildings throughout the business community of Lubbock, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council express its appreciation to the "Curb Eliminators" for making the members aware of the difficulties presented the handicapped by Architectural Barriers that exist in various buildings to -which the general public is invited, and BE It Further Resolved that the Architects and Building Contractors as wk-Al as the owners of all buildings in Lubbock to which the general public is invited be requested to take into consideration the needs of the handicapped when designing and constructing public buildings as well as business buildings and thereby eliminate as many Architectural Barriers as possible. THAT the City Secretary be authorized and requested to make known this request to all Architectural Associations and Contractor Associations, as well as the Builders Associations, by mailing to each President of such association a copy of this Resolution. Passed by the City Council this 10th day of August, 1.972. Isl Morris W. Turner, Mayor ATTEST: /a/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 72-31-346-835 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (40) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the Congress of the United States enacted legislation which amended the Tax Reform Act of 1969 by prohibiting the issuance of tax exempt bonds for the purpose of arbi- trage; and WHEREAS, the Department of Treasury has issued proposed regulations, on June 1, 1972, which take an entirely new course in interpretation of such legislation and such proposed regulations are unreasonable and are not within the scope and intention of the Congress; further, the Treasury, by its action, has placed an onerous burden upon state and local governments at a time when the Congress and the President have professed an understanding of state and local financial problems and have expressed their willingness to cooperate in finding remedies for such problems; and `-WHEREAS, the proposed Treasury regulations exceed the directives of the Congress and as long as such regulations are permitted to exist, an intolerable burden will be placed on state and local governments; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Department of the Treasury BE, and is hereby urged to withdraw its proposed regu- lations dated June 1, 1972, relating to such legislation; and THAT this resolution be wired immediately to the Commissioner of Internal Revenue, with copies to the Senators and members of Congress from Texas and to the National League of Cities - United States Conference of Mayois. Passed this loth day of August, 1972. /s/ Morris W. turner, Mayor ATTEST: /sl Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /sl Fred 0. Senter,'Jr., City Attorney 72-31-347-836 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (41) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to approve the request of the Lubbock Civil Service Commission to change Section 67, Subsection (a) of Local Civil Service Rule XVIII-Physical Standards and Age Limits for Firemen and Police- men to lower the minimum height of police officer candidates from the present 5'9" downward to 5'7". 72-31-347-837 The City Council considered a supplement in the amount of $9,000 to the 1971-72 City of Lubbock (42) Budget in order to subsidize the Lubbock Transit Company so that bus service can be furnished to the City of Lubbock for the rest of the fiscal year. Mrs. Alvarado, a member -of the Com- munity Action Board, appeared before the City Council and requested that bus service be con- tinued. After consideration of all information presented, Mayor Turner instructed: (1) that this item be placed on the August 24, 1912 City Council Agenda for consideration; (2) that an item be placed on the August 24 Agenda to consider an increase in city bus passenger rates. 72-31-347-838 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (43) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to authorize a Food Service Lease with Mrs. Bill (Jo) Spradlin for the Meadowbtook Club House lunch room concession. STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS FOOD SERVICE LEASE .THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock, acting by and through the Mayor, Morris W. Turner, hereinafter called the "CITY", and Mrs. Bill (Jo) Spradlin, an individual, 2715 61st Street, Lubbock, Texas, hereinafter called LESSEE; WITNESSETH: WHEREAS, the CITY owns and operates.a public golf course designated as Meadowbrook Municipal Golf Course herein called "GOLF COURSE"; WHEREAS, the LESSEE desires to use portions of the Golf Course Clubhouse at the Golf Course for the following purposes to -wit: conducting, operating and maintaining a snack bar, concession, storage and other operations incidental to the preparation and service of food and refreshments, and has requested the use of said property for such purposes subject to all laws and applicable rules,'regulations and ordinances of the 0ity of Lubbock pertaining to the Golf Course and to the operation of cafes and/or snack bars; and WHEREAS, the CITY has determined that it is in the public interest that the LESSEE should have the privilege of engaging in such activities at the Golf Course; NOW THEREFORE, in consideration of the premises, the covenants and agreements herein contained and other valuable consideration, the CITY authorizes the LESSEE to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the LESSEE the premises hereinafter described and being: That space located in the Golf Course Clubhouse, known as snack bar facilities, all of which is limited to that area of the Golf Course Club- house that was designated for these facilities during the initial construction of same. The term of this lease shall be'for five (5) years, beginning the day of , 1972, and ending the day of , 1977, for the following consideration payable to the City of Lubbock at Lubbock, Texas, to -wit: At a rental rate of 10% of the gross revenue, exclusive of taxes, -derived from the operation of the concession, snack bar, and other related services, or $2,400.00 annually, whichever sum is the greater. •w1F i V If either party of this agreement desires to extend this agreement beyond the expiration date herein shown, said party shall notify the other party in writing thirty (30) days before the expiration date. If the party receiving said notice shall assent, this agreement shall be extended for a period of five (5) years beginning , and ending upon terms and conditions and at a rental to be negotiated. LESSEE agrees to maintain adequate books of account and record completely showing, at all times, the gross revenue derived from the operation of the snack bar, concession stand service during each calendar month, such books and records will, at all reasonable times, be open to inspection and audit by the Golf Professional -Manager, City Manager or any other duly author- ized representative of the City of Lubbock. LESSEE further agrees that all rentals shall be due and payable monthly in arrears on or -before the loth day of each and every month during the term of this agreement. This Lease is made subject to the following provisions and conditions: 1. This Lease is subject to any and all applicable laws, ordinances, rules and regula- tions pertaining to the Golf Course or to the operation of the snack bar concession stand. 2. The LESSEE shall have the exclusive right, during the term of this lease or any extensions thereof, to conduct, operate and maintain a snack bar concession stand, within the Meadowbrook Municipal Golf Course Clubhouse. 3. The LESSEE shall cook, prepare, serve and sell in a sanitary manner, foods and bever- ages of first quality at the locations herein designated to the patrons of the Golf Course, the general public, and others; such foods and services shall be provided to such persons at prices comparable for like quality foods prevailing in the -City of Lubbock; such foods and services shall be provided during the hours of operation approved by the Golf Course Manager, as meeting the reasonable needs of the users of the Golf Course. The LESSEE shall provide the services contemplated herein in a courteous and efficient manner so as to reflect credit -upon her operations and the operations of the Golf Course. 4. The LESSEE shall not make, permit, or suffer any additions, improvements or altera- tions to the property which constitute any major structural change or changes without prior written consent of the CITY, and any such additions, improvements'or alterations made with the consent of the CITY shall be solely at the expense of the LESSEE and unless such consent pro- vides specifically that title to the Addition or improvement so made shall vest in the LESSEE, title thereto shall, at all times, remain in the CITY and such additions or improvements shall be subject to all terms and conditions of this instrument. The LESSEE agrees to hold the CITY harmless from mechanic's and materialman's liens arising from any additions, improvements or alterations effected by the LESSEE. The CITY, City Manager, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this lease. The LESSEE agrees that it will, at all times during the term of this lease, maintain in good and serviceable conditions all improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility and obligation of the LESSEE. 5. That any property of the CITY, or for which the CITY may be responsible, is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly re- paired or replaced by the LESSEE to the satisfaction of the CITY and its authorized representa- tive, or in lieu of such repair or replacement the LESSEE shall, if so required by the CITY, pay to the CITY money in any amount deemed sufficient by the governing body of the CITY to com- pensate for the loss sustained by the CITY by reason of the loss of, damage to, or destruction of such property. 6. LESSEE agrees to indemnify, defend and forever save the CITY, their authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of acts or omissions of the LESSEE, her agents, servants, guests, employees or other business visitors under this agreement. 7. The LESSEE shall procure and carry with insurers, authorized to do business in the State of Texas and satisfactory to the CITY, and at LESSEE'S expense, insurance in the form and amount sufficient as determined by the CITY, together with such other forms of insurance necessarily required by the CITY, dating from the effective date of this lease. REQUIRED INSURANCE: Public Liability insurance to include product liability which speci- fically covers the consumption or use of food or goods on or away from the premises in the amount of $5,000.00 for each individual and $10,000.00 for each incident; Property Damage Insurance in the amount of $5,000.00; the LESSEE shall keep the said property so insured, free of cost to the CITY, during the term of this agreement. 8. As a part of the rental consideration, the CITY shall provide heat, electricity, gas and water utility services. 9. That at the commencement of the term of this lease, a condition survey and inventory of the improvements, facilities and equipment embraced herein shall be made by the Golf Course Clubhouse Manager for the CITY and a representative of the LESSEE. Said survey shall be attached hereto and become a part hereof as fully as if originally incorporated herein. 10. LESSEE agrees to obtain and pay for all licenses, permits, approvals, fees and simi- lar authorizations or charges required under Federal, State or Local laws or regulations inso- far as they are necessary to exercise the privileges extended to LESSEE under this agreement. 11. LESSEE agrees to, at all times, at her own expense, keep the premises neat, clean, attractive, safe and orderly, free of waste, refuse and debris and shall provide complete and proper arrangement for the sanitary handling and disposal of trash, garbage and other refuse caused as a result of its activities at the Golf Course. It is specifically understood and agreed between the parties hereto that the LESSOR will maintain the exterior walls, roof and +vr� mechanical equipment in the demised premises, all other maintenance including painting and redecoration shall be performed by the LESSEE. 12. That on or before the expiration date of this lease or relinquishment of this lease, the LESSEE shall, as required by the CITY, vacate said premises, remove all property of the LESSEE and restore the improvements, facilities and equipment included herein to as good condition on said date of expiration or relinquishment as when received, ordinary wear and tear excepted. If, however, this lease is revoked, the LESSEE shall vacate the premises, re- move said property and restore the improvements, facilities and equipment included herein as aforesaid within such times as the CITY may reasonably designate. In either event, if the LESSEE shall fail or neglect to remove said property and so restore the improvements, facili- ties and equipment included herein, then at the option of the CITY said property shall either become the property of the CITY without compensation therefore or the CITY may cause the property to be removed, the improvements, facilities and equipment included herein to be so restored at the expense of the LESSEE and no claim for damages against the CITY or its officers, agents, or employees shall be created on account of such removal and/or restoration. 13. LESSEE agrees that the CITY shall have and is hereby given a lien on all property of any nature placed in or upon or used in connection with the businesses and operations herein authorized, to secure the payment of all sums of money that may be due or become due the CITY. LESSEE further agrees that upon any termination hereof, that none of said property shall be removed from the premises until all accounts with the CITY are paid in full and all property belonging to the CITY shall be returned to the CITY in as good condition as when received, reasonable wear and tear excepted. 14. The LESSEE agrees that in the performance of this instrument it will comply with and give all stipulations and representations required by the CITY and all other applicable laws, and that in the performance of this lease, she will not discriminate against any employee or applicant for employment because of race, creed, color or racial origin. 15. The LESSEE warrants that she has not employed any person employed by the CITY to solicit or secure this lease upon any agreement for a commission, percentage, brokerage or contingent fee. 16. The failure of the CITY or the Golf Course -Clubhouse Manager to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions but the LESSEE''S.obligation with respect to such future performance shall continue in full force and effect. 17. Should LESSEE default in the performance of her duties or covenants contained in this instrument and fail to cure such default within thirty (30) days after written notice thereof from the CITY or Golf Course Clubhouse Manager, then the CITY may, at its option, terminate all rights, privileges or interests of LESSEE and repossess all the premises herein leased and in such event, LESSEE agrees to deliver possession of, the same peaceably to the CITY and relinquish all rights incident hereto. 18. Should either party hereto desire to terminate this lease at any time, it must be conveyed to the opposite party at least ninety (90) days prior to such termination and shall be submitted.in writing. 19. Except with prior written consent of the CITY, the LESSEE shall not sublet any part of the premises or assign this lease or any pf its rights hereunder. EXECUTED IN TRIPLICATE this 10th day of August, 1972. WITNESS: APPROVED: By: /s/ Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK By /s/ Mprris W. Turner, Mayor MRS. BILL (JO) SPRADLIN By: /s/ Mrs. Bill (Jo) Spradlin 72-31-349-839 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (44) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to authorize the Mayor to execute a Lease Agreement with the Lubbock Housing Authority for a portion of the park site adjacent to Parkway Elementary School. Said Lease Agreement having been authorized by Resolution on May 25, 1972 and of record in Minute Book 31, Page 223. LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK This lease by and between the City of Lubbock, Lubbock County, Texas, hereinafter called "LESSOR", and Housing Authority of ,the City of Lubbock, hereinafter called "LESSEE", for and in consideration of the sum of ONE. AND N0/100 ($1.00) DOLLARS to Lessor paid, the receipt of which is hereby acknowledged, and the consideration of the covenants herein con- tained, to be kept and performed: WITNESSETH: Lessor does hereby let and lease unto the Lessee the following described tract of land in Lubbock County, Texas, to -wit: A tract of land out of the Northwest 1/4 of Section 2, Block "A", Lubbock County, Texas. Described by metes and bounds as follows: BEGINNING at a point which bears South 0° 14' 30" East, a distance of 20.00 feet from the Southeast corner of Lot 3, Tract "F", Mackenzie Terrace Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 0° 14' 30" a distance of 97 feet to the point of curvature to the right; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, tangent lengths of 15.00 feet, a delta angle of 900, a cord distance of 21.21 feet; THENCE South 890 45' 30" West a distance of 251.6 feet; THENCE North 0° 14' 30" West a distance of 112 feet; THENCE North 890 34' 14" East a distance of 266.6 feet to the POINT OF BEGINNING, containing .65 acres more or less. Said tract of land being a portion of the Parkway Parksite of the City of Lubbock, Texas. TO HAVE AND TO HOLD the said premises hereby demised unto the Lessee from May 25, 1972, for an initial term of twenty (20) years, with options to extend such period as set forth herein for the sum of One and No/100 ($1.00) Dollars, payable in advance upon the exe- cution of this lease hereinabove mentioned, subject to the following terms, conditions, covenants and provisions. 1. Lessee shall keep the said premises in good repair, normal wear and tear excepted. 2. Lessee shall build a building, parking area and certain improvements on said leased premises, all of which shall be used by its personnel, and persons using the said prem- ises; such improvements shall be and belong to the Lessee so long as Lessee occupies the said premises, but once Lessee abandons the said premises, or this lease expires or is terminated, the said building, parking lot and improvements shall be the property of Lessor. Lessee shall bear all costs and charges for any and all improvements placed on said property, and all re- pairs, and Lessee shall keep and maintain all improvements, as well as all renewals and addi- tions to the appurtenances during the term of this lease., Approval shall be secured from Lessor before any improvements are placed on the premises by Lessee. Such approval or dis- approval shall be made by the Director of Parks Lessor agrees that the building may be used as an office, maintenance and community building, or for such other purposes not inconsistent with the United States Housing Act of 1937, as may be approved by the Department of Housing and Urban Development. In the event the Lessee, its assigns or H.U.-D. desires to use the building for purposes other than stated above, such use shall have the prior approval of the City Council of the City of Lubbock. 3. Lessee shall pay all bills required in carrying out its use of the lease premises. 4. Lessee shall not assign this lease without the prior consent of the lessor and the approval of the Department of Housing and Urban Development, except that the lessee may assign this lease or deliver posession of the lease&�FMlt$e Government in the event of the issuance by the Government of a Notice of a S stantial/Breac o the Annual Contribu- tions•Contract by the lessee. Nothing in this lease shall prevent the lessee from executing and recording a declaration of trust as may be necessary and appropriate under the lessee's Annual Contributions Contract with the Government. 5. In the event the improvements are destroyed by fire, act of God or accident so that the intended use of said premises cannot be carried out, Lessee shall, or cause to be, remove the unsightly portion that may he damaged, or repair the same. 6. At the termination of this lease, or any extension thereof, all improvements and personal property affixed to the soil shall remain on the premises, and if the Lessee is not in default in the performance of the covenants hereof, Lessee may remove those items of per- sonal property whose removal will not permanently injure the building. 7. Lessor does hereby grant to Lessee an option for renewal and extension of this Lease for a term of twenty (20) years beyond the original lease term and in the event such option is exercised, Lessor grants to the Lessee an additional option to extend the Lease term for an additional term of ten (10) years. To exercise any option the Lessee shall give notice in writing to the -Lessor of its desire. to extend such lease term for the agreed period of time. Such notice'shall be given 90 days before the expiration of the current lease period. This lease may not be terminated by either or both parties during the term of the lease without the consent of the'Government (United States of America) or until the Government's interest in the project has been terminated. 8. Lessee agrees to hold the Lessor free and harmless against any and all claims, demands, suits, judgments and leases resulting from its use, maintenance and occupancy of the property and improvements. The Lessee shall maintain at all times, at its sole expense, in- surance acceptable to the Lessor against claims of public liability and property damage re- sulting from the Lessee's use, maintenance and occupancy of the property. The amount of in- surance coverage shall not be less than $50,000.00 for property damage as result of any one accident or less than $100,000.00 for personal injury or death of any one person in any one accident or less than $300,000.00 for personal injury or death of two or more persons in any accident. Certificates evidencing coverage shall be provided to -the Lessor. 9. The agreements, conditions, covenants and terms herein shall be binding and inure to and for the benefit of the undersigned, their respective successors and assigns. Executed this the loth day of August, 1972. CITY OF LUBBOCK, TEXAS /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney HOUSING AUTHORITY OF THE CITY OF LUBBOCK 72-31-351-840 The following bids were received for 2500 KVA Secondary Unit Substation being Bid No. 2091. (45) Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Westinghouse Electric Supply Company for 2500 KVA Secondary Unit Substation. 72-31-351-841 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (46) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to reappoint Paul V. Bush and Kenneth May and to appoint Louise L. Luchsinger to the Lubbock Mental Health and Retardation Committee. These terms are for two years and will expire August 31, 1974. 72-31-351-842 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (46a) 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 for and on behalf of the City of Lubbock a Site Survey Agreement between the CITY OF LUBBOCK and SPRAWLS & WILSON SURVEYING COMPANY, 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 loth day of August, 1972. ATTEST: Morris W. Turner, Mayor r f +, /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr., City Attorney SITE SURVEY AGREEMENT MEMORIAL CIVIC CENTER This Agreement entered into this day between the CITY OF LUBBOCK and SPRAWLS & WILSON SURVEYING COMPANY: WITNESSETH: WHEREAS, the CITY OF LUBBOCK, upon request of the Architects for the Memorial Civic Center has need of topographic site survey of the public portion of the Memorial Civic Center area and by this Agreement does hereby engage the services of SPRAWLS & WILSON SURVEYING COMPANY to perform such surveys and furnish the required information to the architects for the Memorial Civic Center upon the conditions and for the compensation set forth herein: (1) Surveys shall be made as required by the architects for the Memorial Civic Center project and reports as may be required by the architects shall be furnished by the surveyor to the architects. The work to be performed by the surveyor shall not exceed 324 elevations. (2) SPRAWLS & WILSON SURVEYING COMPANY shall furnish all equipment, material and personnel necessary to perform the services herein and shall hold the CITY OF LUBBOCK harmless from all activities related to the services performed herein. I (3) The CITY OF LUBBOCK shall -pay to SPRAWLS & WILSON SURVEYING COMPANY for the ser- vices performed under this contract in accordance with monthly statements submitted by SPRAWLS & WILSON SURVEYING COMPANY and approved by the architects. The total compensation for such services shall not exceed $1,200. ENTERED INTO THIS loth day of August, 1972. CITY OF LUBBOCK —!/ •' c. . 44,�� 1 /s/ Morris W. Turner, Mayor ATTEST: / r- . /s/ Lavenis Lowe, City -Secretary -Treasurer 72-31-352-843 Mr. Bob Nash and Mr. Bill McAlister, members of the Auditorium -Coliseum Board appeared before (47) the City Council with the recommendation that a manager be employed as soon as possible for the planned civic center and the existing auditorium -coliseum. After consideration of all in- formation presented, the City Council authorized the City Manager to proceed with hiring a person to promote and manage both facilities. 72-31-352-844 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor .(31) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6432 on first reading. ORDINANCE NO. 6432 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of.the City of Lubbock,finds it is necessary to appropriate cer- tain funds out of bond funds for an approved project; City's share for relocation on Loop 289. 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 $29,333.35 for the following purpose: The City's share of relocation of Southwestern Public Service facilities at Loop 289 and East 19th Street. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, AUGUST 10, 1972. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer READ AND APPROVED THIS THE 24TH DAY OF AUGUST, 1972. ATTEST: Lowe, CityCSecretary-Treasurer MORRIS W. TURNER, MAYOR