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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/19/1963DEC 19 1983 05 F F r� F December 19, 1963 Lubbock, Texas REGULAR MEETING: The City Commission of the City of Lubbock, Texas, met at 10:30 o'clock a.m, in the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Jack F. Strong and Commissioners W. E. Alderson, W. C. O'Mara, Rolan Simpson, and Marvin McLarty, Jr., City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None. 63-22-555-1473 Invocation was given by Commissioner Simpson. 63-22-555-1474 Motion by Commissioner O'Mara, seconded by Commissioner Sampson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve Minutes of City Commission -Regular Meeting held December 5, 1963. :63-22-555-1475 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4259 be passed on second and final reading. 63-22-555-1476 63-22-555-1477 ORDINANCE ORDINANCE NO. 425� 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. 1171: CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-3" ZONING DISTRICT; SUBJECT TO CONDITION. Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay* that Ordinance No. 4260 be passed on second and final reading. ORDINANCE ORDINANCE NO. 426C 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. 1172: CHANGE LOT 1, BLOCK 28, BECK SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-l" TO A "C-3" ZONING DISTRICT. Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4261 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4261 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. 1178: CHANGE BLOCK 68, ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO AN "M-l" ZONING DISTRICT. 63-22-555-1478 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4262 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4262 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. 1180: CHANGE LOTS 9 & 10, BLOCK 6, .TAMES HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-2" ZONING DISTRICT. 63-22-555-1479 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4267 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4267 AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1180) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. 63-22-555-1480 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4263 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4263 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. 1182: CHANGE LOT 10, BLOCK 8, CAVER SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITION. 63-22-555-1481 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4268 be passed as an emergency measure. ORDINANCE ORDINANCE NO. 4268 AN ORDINANCE AMENDING THE FIRE ZONING MAP OF THE CITY OF LUBBOCK SO AS TO PLACE PROPERTY CHANGED IN ZONING CLASSIFICATION (ZONE CASE NO. 1182) IN FIRE ZONE NO. 2; AND DECLARING AN EMERGENCY AND EFFECTIVE DATE OF THIS ORDINANCE. .63-22-555-1482 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. i56 E'FC 1 � 1983 ORDINANCE ORDINANCE N0. 4264 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. 1183: CHANGE 3 TRACTS OF LAND OUT OF SECTION 5 AND SECTION 6, BLOCK 0, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN"M-2" ZONING DISTRICT. 63-22-556-1483 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4265 be passed on second and final reading. ORDINANCE ORDINANCE NO. 4265 AN ORDINANCE AMENDING CONDITION (2) OF SECTION 1 OF ORDINANCE NO. 3396 OF THE CITY OF LUBBOCK (WHICH ORDINANCE NO. 3396 IS AN AMENDMENT TO ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK) SO AS RE REVISE INGRESS AND EGRESS REQUIREMENTS (ZONE CASE NO. 901-A). 63-22-556-1484 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4269 be passed on first reading. FRANCHISE ORDINANCE NO. 4269 AN ORDINANCE GRANTING TO SOUTHWESTERN PUBLIC SERVICE COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, AN ELECTRICAL LIGHTING AND POWER BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, POLE LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANSFORMERS, AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTALITIES, FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK, AS 9OW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED; AND GRANTING SOUTHWESTERN PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO THE CITY, AND TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS, WHEREVER LOCATED WITHIN OR WITHOUT THE CITY LIMITS OF LUBBOCK, FOR USE BY SUCH PURCHASER OR PURCHASERS, FOR LIGHT, POWER, COOLING AND HEAT OR FOR EITHER OR ALL OF SAID PURPOSES, OR FOR ANY OTHER PURPOSE OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY -CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; REPEALING ALL PREVIOUS ELECTRICAL LIGHTING AND POWER FRANCHISE ORDINANCES; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. 63-22-556-1485 Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENT, PROJECT RW 783-1-1 HIGHWAY LOOP 289, AGREEMENT NO. U-3492, LUBBOCK COUNTY, BETWEEN THE CITY OF LUBBOCK AND THE STATE OF TEXAS; AUTHORIZING THE CITY SECRETARY -TREASURER TO ATTEST SIGNATURE TO SUCH AGREEMENT AND AFFIX THE SEAL OF THE CITY OF LUBBOCK THERETO. WHEREAS, by virtue of certain Contractual Agreements between the State of Texas and the City of Lubbock said City is responsible for the acquisition of necessary rights of way for Highway Loop 289 including the acquisition of the rights owned by all utility companies or other owners of public utilities, having improvements within such right of way; and, WHEREAS, the City Commission finds that the removal and relocation of certain electrical utility facilities belonging to the City of Lubbock has been necessitated by the construction of said Highway Loop 289 and that the cost of adjustment of said utilities are within the terms of agreement contained in the said Contractual Agreements between the City of Lubbock and the State of Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor be and he is hereby authorized and directed for and on behalf of the City of Lubbock to execute in qunituplicate the attached Contractual Agreement for Right of Way Utility Adjustment, Agreement No. U-3492, Project RW 783-1-1 Highway Loop 289 covering the relocation and the agreed payment therefor of certain electrical utility facilities at various locations on the said project as shown by the plans attached to said Contractual Agreement, said electrical utility facilities being owned by the City of Lubbock, all as more particularly appears in the said Contractual Agreement hereinabove described, which is attached hereto and hereby incorporated by reference for all purposes as though copied in full herein. SECTION 2. THAT the City Secretary -Treasurer is hereby authorized and directed to attest the Mayor's signature to said Contractual Agreement for right of way utility adjustment affixing the seal of the City of Lubbock thereto. Li Passed by the City Commission this 19th day of December, 1963. F F r— DEC 19 1963 J -- - JACK F. STRONG, Mayor J ATTEST: Lavenia Lowe, City Secretary -Treasurer CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY Lubbock COUNTY OF TRAVIS PROJECT RW 783-1-1 HIGHWAY Loop 289 AGREEMENT NO. U-3492 (To Be Completed By The State) This agreement entered into this 19th day of December, 1963, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and Lubbock, Texas, acting by and through its duly authorized official under Resolution dated 19th day of December, 1963, hereinafter called the Owner. WHEREAS, the State and Owner have previous to this date entered into a contract agreeing to handle by separate contract the adjustment, removal or relocation of certain utility facilities necessitate as a result of highway improvements on the subject project on the basis of a predetermined firm commitment for right of way reimbursement approved by the State; WHEREAS, the Owner, in an affidavit dated October 24, 1963, has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Relocate electrical facilities located in the Northeast k Section 5, Block E and the North 60 acres in the Southeast t of Section 5, Block E, Lubbock, County, on Loop 289 parallel to U.S. 87 from 66th Street to 79th Street and crossing Loop 289 at an approximate Highway Station 440+81.0. WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it mutually agreed that this contract entered into this date between the parties hereto is intended to implement and effectuate the terms and provisions of that contract of January 7, 1959, entered into between the State and the City, as it pertains to right of way utility adjustments and as it effects the utility facilities of the Owner. Upon execution of this agreement by the parties hereto the Owner will.proceed with the necessary adjustment, removal or relocation; and the Owner agrees to prosecute such work diligently to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. The Owner will carry out said adjustments, removals or relocations in accordance with the plans attached hereto, and the costs paid to the Owner pursuant to this contract shall be full compensatic to the Owner for the costs incurred in making such adjustments, removals or relocations. Bills for work hereunder shall be submitted to the State not later than ninety (90) days after completion of the work. The Owner, subject to the acquisition of such rights or interests as may be deemed necessary along c across the Owner's interest in land, agrees to accept a lump sum amount of 50% of $1,677.58 as full reimbursement for work covered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a certificate to the effect that such work has been fully accomplished. The State will reimburse the City upon receipt of proper billing and certificate by the Owner that payment has been made. It is expressly understood that this contract is subject to cancellation by either the State or the City at any time up to the date that work under this contract has been authorized and that such cancellation will not create any liability on either the part of the State or the City. CI BY ATTEST: �&Zwllv OWNER: By: Title: Date: Examined and Recommended for Approval: THE STATE OF TEXAS Certified as being executed for the purpose ane effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commissior By: Executed as State Highway Engineer and approved for State Highway Commission. RECOMMENDED FOR APPROVAL District Engineer Right of Way Engineer 63-22-557-1486 Motion by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the followinE Resolution be passed. RESOLUTION WHEREAS, the City Commission finds that a certain underground utility easement located on Lot 6, Block 19, 9th Installment to the Rushland Park Addition to the City of Lubbock, Lubbock County, i58 DEC 1 � i9F3 ATTEST: paze-e Lavenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to Walter Ellerd, covering the following described property to -wit: Being all of the East 2.0 feet of Lot 6, Block 19, Ninth Installment to the Rushland Park Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor to said deed and shall affix the seal of the City of Lubbock thereto. r Passed by the City Commission this 19th day of December, 1963.-7 JACK F. STRONG, Mayor ATTEST: Lavenia Lowe, City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and State of Texas, for and in consideration of the sum of ONE AND NO/IOO ($1.00) DOLLARS to it in hand paid by Walter Ellerd of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Walter Ellerd, his heirs and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: Being all of the East 2.0 feet of Lot 6, Block 19, Ninth Installment to the Rushland Park Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Walter Ellerd, his heirs and assigns, forever, so that neither it the said City of Lubbock nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS my hand at Lubbock, Texas this 19th day of December, A.D. 1963. CITY OR_dAt OAr��~� `- ACK F. STRONG, Mayor BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Jack F. Strong, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19th day of December, 1963. (SEAL) Notary Public, Lubbock County, Texas 53-22-558-1487 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, by Ordinance No. 4205 passed and adopted by the City Commission of the City of Lubbock October 10, 1963, Ordinance No. 4204 relating to the authorization and issuance of $1,666,000 "City of Lubbock, Texas Electric Light and Power System Revenue Refunding Bonds, Series 1963" was amended to clarify the method of providing and administering funds for the payment of such bonds, and said Ordinance as amended provided that the City covenanted and agreed to provide a bond fund with all amounts required to pay, as due, each of the principal and interest installments pertaining to all bonds and additional Parity Bonds and further provided that such bond fund would be created as a reserve which would be placed on deposit to the credit of the underlying bonds and appropriated a sufficient sum for the purpose of constituting a Reserve Portion of the Special Electric Light and Power System Revenue Refunding Bonds, Series 1963"; and, WHEREAS, all steps necessary or convenient to transfer said Reserve Bond Fund has now been made as directed by Ordinance No. 4205 and said Reserve Portion or part thereof should now be made available for investment purposes as provided by Article 836, Revised Civil Statutes of Texas, NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Auditor of the City of Lubbock, BE and is HEREBY authorized to select Bonds of the United States and/or Certificates of Indebtedness issued by the Secretary -Treasurer of the United States, not to exceed 5 year maturity as provided by Article 836, Revised Civil Statutes of Texas, which mature prior to the time of the maturity of the City of Lubbock bonds, issued and sold by virtue of Ordinance No. 4204 as amended by Ordinance No. 4205, and for which the "reserve" fund described as the "Special Electric Light and Power System Revenue Bond Retirement and Reserve Fund" was created; that said bond or bonds so selected to be purchased as an investment of part, not in excess of the amount of the "reserve" fund balance, as provided under the provision of said Li ^� r DEC 1 1963 Jr� F F certificates maturing at such times that under reasonably foreseeable conditions such securities need not be converted into cash at a loss or prior to maturity. SECTION 2. THAT the Citizens National Bank of Lubbock, Texas as custodian of such bond "reserve" fund by virtue of being the City's Official Depository Bank, BE and said Bank is hereby authorized and directed upon request of the City Auditor of the City of Lubbock to invest said "reserve" funds as may be available in such securities as hereinabove specified and as may be selected by said City Auditor, which shall be paid for out of said "reserve" fund upon delivery of such securities to become a part of City "Reserve" Funds. SECTION 3. THAT the Citizens National Bank as custodian and depository of said bond reserve fund, shall be authorized and directed to convert said securities into cash on the respective maturity dates for the benefit of the reserve fund; and to convert any such securities into cash for the benefit of said reserve fund prior to maturity when and if directed by the City Auditor, PROVIDED that said Bank shall not be liable for loss, if any, sustained by the reserve fund due to any decrease in value of the securities so purchased under this authority, but FURTHER PROVIDED, said Bank shall otherwise be liable as the custodian and depository of said funds, including and/or Certificates, and interest accruing from any such investments. SECTION 4. The provisions of this Resolution shall never be construed to change, vary or alter any provision of any Ordinance to which it relates, it being the intention of the City Commission to construe said bond ordinance consistent with public policy and Article 836, Revised Civil Statutes of Texas, providing for the investment of sinking funds which in its opinion is part of and read into said bond ordinance, the provisions of which do not exclude, and were never intended to exclude, limit or deny the City Commission's statutory right to invest said funds, as provided by law. Passed by the Commission this 19th day of December, 196 ATTEST: Lavenia Lowe, City Secretar •Treasurer 63-22-559-1488 Bids as follows were received for the purchase of one 24" check valve, being Bid No. 7741. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Valve & Primer Corpori Dallas, Texas for the purchase of this valve. 63-22-559-1489 Bids as follows were received for the purchase of three 36" butterfly valves, being Bid No. 7742. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Darling Valve & Manufacturing Company, Dallas, Texas for the purchase of these valves. 63-22-559-1490 Bids as follows were received for the purchase of one 24" and one 30" butterfly valve, being Bid No. 7743. Bid Tabulation set in Bid Book. After consideration of all bids received motion was.made by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Lewis Dodson Engineeri Company, Amarillo, Texas for the purchase of these valves. 63-22-559-1491 Bids as follows were received for the purchase of 4 truck mounted salt spreaders, being Bid No. 7759. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Commissioner Simpson, seconded by Commisf Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara,.Simpson, and McLarty voting Yea, none voting Nay, to authorize acceptance of the bid of Service Machinery Company for the purchase of these spreaders. 63-22-559-1492 December 9, 1963 City Commission City of Lubbock Lubbock, Texas ATTENTION: Mr. Ben Weeks F�l The Parkway Church of the Nazarene, Lot 407 of the Wilshire Park Addition to the City of Lubbock, request permission to appear before the City Commission to request that the sidewalks on E. Duke Street be waived. The street has already been waived and we desire to have the sidewalks waived until such time that the street shall be opened. Please notify Rev. Bill Duke, 408 N. Zenith Avenue, Lubbock, Texas, of the time our case shall be considered. . Sincerely, Rev. Bill Duke The City Commission considered the request of Reverend Bill Duke for waiver of the sidewalk requirements on the North side of Lot 407, Wilshire Park Addition, being the Parkway Church of i the Nazarene at the Southeast corner of Zenith Avenue and East Duke Street. Motion was made by Commissioner McLarty, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioner: 60 53-22-560-1493 53-22-560-1494 Alderson, O'Mara, Simpson, and McLarty voting of the sidewalk requirements,as they apply to provided however that the public parkway area a bumper rail on curb. December City Commission City Hall Dear Sirs: Yea, none voting Nay, to GRANT this request for waiver the construction for which a permit has now been issued shall be protected from vehicles by the erection of 19, 1963 Attention: E. H. Timian, Building Inspector I respectfully request to appear before the City Commission at its next regular meeting for the purpose of asking for a waiver of the sidewalk requirement pertaining to the property located on the Southeast corner of the intersection of 49th Street and Quirt Avenue, for lots 9 & 10, Block 6, James Heights Addition. Truly yours, R. B. Blaylock 1321 E. 52nd Tel. SH4-8008 The City C-m ission considered the request of Mr. R. B. Blaylock for waiver of the sidewalk requirements for Lots 9 & 10, James Heights Addition at the Southeast corner of Quirt and 49th Street. Motion _ was made by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for waiver of the sidewalk requirements as they apply to the construction for which a permit gas ow been.issu2d provided however tbgt the public parkway area shall be protected from vehicles i y the erection o a umper raii or curD. Motion by Commissioner 0 Mara, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize final payment in the amount of $3,046.94 to C & B Pump Co., Inc. for drilling and developing nine water wells in the Sandhills Well Field, WWO 11336. Estimated cost was $15,997.50 and final cost is $17,644.40. Certificate of Com letion December 19, 1963 Honorable Mayor and City Commission City of Lubbock, Texas Gentlemen: On December 3, 1963, I inspected the Drilling & Developing of Nine Water Wells, WWO 11336 constructed by C & B Pump Co., Inc. under contract dated September 12, 1963, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the Contractor. Very truly yours, John T. Hickerson Director of Public Works Certificate of Acceptance December 19, 1963 C & B Pump Co., Inc. Box 307 Lorenzo, Texas Gentlemen: In accordance with paragraph 49, Section II, of the Specifications for Drilling & Developing Nine Water Wells, WWO 11336, you are hereby notified of the acceptance of this project by the City Commission of the City of Lubbock on December 19, 1963. Final payment was authorized at the same meeting and will be forthcoming. Yours very truly, John T. Hickerson Director of Public Works CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared George W. Carter, who being by me duly sworn, upon oath says: I, George W. Carter, do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated September 12, 1963, for Drilling & Developing 9 Water Wells under General Work Order No. WWO 11336, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this loth day of December, 1963. C & B Pump Co, Inc. Attest:_ /s/ George C. Cates /s/ George N. Carter, Pres. Sec. Treas. Subscribed and sworn to before me this the 10 day of December 1963. /s/ Weldon Bo d Notary Public in and for J6l DEC 19 1963 63-22-561-1495 AMERICAN BUSINESS CLUB December 4,1963 - Mr. William J. Pitstick City Manager City Hall 916 Texas Avenue Lubbock, Texas Re: American Business Club Rodeo Parade Dear Sir: From the office of: Terry Condrey 1518 A 34th Street Lubbock, Texas The Downtown Chgpter of the American Business Club is making plans for its annual Rodeo, which will commence March 19, 1964. Would you be so kind as to place on the agenda of the City Commission request for permission to have a Rodeo Parade on March 19, 1964, beginning at 4:00 p.m. starting at Avenue E and Broadway and going west on Broadway to the Texas Tech campus. Also, we respectfully request permission for three loud speakers along the route. Would you please have this on one of your agendas for the City Commission in the very near future. In the event that you have further questions about this request, I shall be more than glad to meet with you concerning the matter. If you will advise me when it will be submitted to the City Commission, I shall attempt to be present to answer any questions that might arise. As you may know, 1964 will mark the 23rd annual performance of our ABC Rodeo. We are looking forward to a very successful one. Thank you for your courtesies and consideration. Cordially, Terry Condrey Rodeo Chairman TC/er The City Commission considered the request of the American Business Club for permission to have a Rodeo Parade beginning at 4:00 p.m. on March 19, 1964. The parade is to start at Avenue E and Broad and proceed west on Broadway to Texas Tech Campus. Motion was made by Commissioner McLarty, seconde by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to GRANT this request for permission to have a parade. Also granting the request for permission to use three loud speakers along the route. 63-22-561-1496 NOTICE OF ZONING HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Commission will hold a public hearing on the 19th day of December, 1963, at 10:30 o'clock A.M., in the City Commission Room on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Zoning and Planning C-mmissi that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Commission will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 1169-Appeal of James F. Moore (for Paul Pugh) to change a tract of land out of Section 11, Block A, Lubbock County, Texas, from an "R-l" to an "M-l" Zoning District. Said property is further described by metes and bounds to wit: BEGINNING at a 2 x 2 inch pine stake set by a corner post in fence going North and East from the Southwest corner of this tract from whence the Southwest Corner of Section Eleven (11), Block A, Lubbock County, Texas, bears West 237.6 varas and South 30 feet; THENCE North 142.56 varas; r— THENCE East 475.2 varas; THENCE South 142.56 varas.- THENCE West 475.2 varas to the PLACE OF BEGINNING, SAVE AND EXCEPT that portion of the tract that has been heretofore dedicated for roadway purpose said roadway being described as follows to wit: P-1 BEGINNING 660 feet East and 30 feet North of Southwest Corner of Section Eleven (11), Block A, Lubbock County, Texas; THENCE North 135.1 feet;. THENCE South 840 01" East 152.1 feet to a point 150 feet north of and at right angle to south boundary line of said section; THENCE East parallel to said south boundary line of said section 1168.7 feet to the East Boundar line of the tract above described; THENCE South 120 feet to a point; THENCE West 1320 feet to the PLACE OF BEGINNING. 562 .DEC 19 1963 The Planning and Zoning Commission recommended to the City Commission tha his reques a not granted. r l//!/ Lav nia Lowe, City Sec tary-Treasurer In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1169-Appeal of James F. Moore (for Paul Pugh) to change property located North of Loop 289, 660' East of North College Avenue from "R-1" to "M-1" zoning district. James Moore appeared in support of this zone change. John King also appeared in support. Mr. Moore stated to the City Commission that the Company wishes to manufacture gin machinery. No person appeared in protest, whereupon, the Mayor stated the hearing was closed. After consideration of all facts presented motion was made by Commissioner Alderson, seconded by Commissioner Simpson, motion carried, Commissioners Alderson, O'Mara, and Simpson voting Yea, Mayor Strong and Commissioner McLaxty voting Nay, to uphold the recommendation of the Planning and Zoning Commission and DENY this request for zone change. 53-22-562-1497 Hearing having been advertised on Zone Case No. 1147-Request of Billy Meeks & Company (for several property owners) to change property from the present zones to "M-1" zoning district located between North Ash and North Quirt Avenues. Said hearing was continued until December 19, 1963. This zone case was again discussed on said date but no action was taken by the City Commission and it was unanimously agreed to continue the hearing until January 9, 1964. 53-22-562-1498 LUBBOCK TRANSIT CORP. December 12, 1963 Mr. William J. Pitstick, City Manager Members of City Council City of Lubbock Gentlemen: Under terms of the ordinance granting a franchise to Lubbock Transit Corporation (Assignee of American Transit Corp.), the company may, after certifying to the Council that its operating ratio is in excess of 92% and with ten days notice, put new rates of fare into effect in order to restore its operating ratio to 90%. I hereby certify that the operating ratio of Lubbock Transit Corporation for the year ended September 30, 1963 was 97.4 (See Attached exhibit 1) Accordingly, we are establishing new rates of fare, effective January 2, 1964, as follows: New Rate Old Rate Base.fare 204� 151� School fares (No Change)lOG 100, Route 3 Zone fare (No Change) 054� 05C Routes 4 & 5 Zone fare (No Change) Base Fare 05(,� Transfers Charge 02q - We have projected 1964 operations at the revised rates of fare (See exhibit 2). You will notice that we project an operating ratio of 92.6% not the 90% called for in the franchise. The reason for this difference is that in computing the loss of passengers, which follows a rate increase (exhibit 3), we used national averages because we have had no experience in Lubbock with fare increases. We are hopeful that any passenger loss in Lubbock will be materially less than the national averages and the operating ratio will drop to 90%. Other pertinent facts relating to 1964 projection: 1. We are adding a new route and extending several existing routes beginning January 1, 1964 which will increase service and add approximately 50 daily miles to our routes. This is being done to attract patronage in an effort to offset passenger decline (see exhibit 3). 2. If the system progresses as we have projected, we are planning on putting into service 4 new 35 passenger buses in the fall of 1964. These buses represent a capital investment of approximately $64,000 and depreciation on these buses has been included for the fall quarter of 1964. 3. While we are not committed to wage and salary increases, our 1964 projections include a 3% increase. 4. 1964 includes a management fee to American Transit Corp. of $6,750 based on 3% of gross revenue which rate applies to all managed subsidiaries of American. This cost to Lubbock Transit Corporation covers management of transportation and maintenance, purchasing, legal and accounting services, officer's salaries and other management functions. I will be happy to meet with you at your convenience to discuss any of the above items. Yours very truly, H. R. DeTournay Operating Manager HR.D/jh LUBBOCK TRANSIT CORPORATION Exhibits filed under Bus Fares -Lubbock Transit Company. Mr. Ernie Prentivost of Lubbock Transit Company appeared before the City Commission and presented information as to the increase from I51;% to 204; of the base fare of Lubbock City buses. As set out above, the Lubbock Transit Company presented proof that they are entitled to this increase in fare under the terms of the franchise. r'"I 63-22-562-1499 Reverend Martin Arni appeared before the City Commission requesting waiver of the sidewalk requirements for property at the Northwest corner of Peoria and 58th Street, this being the Monterey Church of the Nazarene. After consideration of this request motion was made by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the sidewalk requirement to be r- 1 DEC 19 19606 „63-22-563-1500 Mr. James Teague of the firm of James Teague & Company, Certified Public Accountants, appeared before the City Commission and presented an audit report of the City's records and accounts for October 1, 1962 thru September 30, 1963. These reports were taken under advisement. ;63-22-563-1501 Motion by Commissioner Simpson, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to accept the audit of the City's records and accounts made by James Teague & Company, Certified Public Accountant as presented on this date and authorize payment to said firm in a total amount of $16,850.00. 63-22-563-1502 Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of the cost of alley paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock alley plans and specifications as approved by the City Engineer, and the owners of property abutting the east -west alley between 26th Street and 27th Street east -of College Avenue have requested permission to have pavement improvements constructed on the aforementioned alley and the paving of said alley is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described alley will contract separate with a competent contractor for the above alley improvements, and said improvements will be construc in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $1327.38, the total cost not over $1393.75, and the City's share in connection therewith would not exceed $66.37, leaving the property owner's portion not to exceed $1327.38, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affect thereby, and that the sum of $66.37 will be duly budgeted, THEREFORE,. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifics for paving on the alley herein described, provided that such plans and specifications meet the usual requirements for paving on alleys within the corporate limits of the City of Lubbock; said alley being as follows, to -wit: The east -west alley between 26th Street and 27th Street from 14 feet west of the east property line of College Avenue to 182.5 feet east of the east property line of College Avenue, known and designat. as Unit A-366. The City Engineer is further authorized and directed to duly inspect said paving construction on said alley and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Commission, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $0.00 which is the City's share ($66.37) less $66.37 engineering, leaving the amount due the contractor from the property owners not to exceed $1327.38. Section 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub- contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said alley and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $0.00 to the contractor. On motion of Commissioner McLarty, seconded by Commissioner Ald on, the foregoing resolution was unanimously passed by the City Commission this 19th day of Dec b r, 1963. �. Jack F. Strong, Mayor J ATTEST: &XXXZI , ,J Lavenia Lowe, City Secretary The owners of abutting property on the abovementioned alley, and Kerr Construction Company, Contract+ do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Approved: John T. Nickerson, City Engineer KERR CONSTRUCTION CO. BY /s/ James C. Kerr Pres COLLEGE AVENUE CHURCH OF CHRI: By /s/ P. A. Ammons ^ /s/ 0. C. Howe -7sl Robert L. Rouse /s/ T. R. Valentine Approved: Fred 0. Senter, Jr., City Attorney J64 3EC 19 1963 3-22-564-1503 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, None voting Nay, that the following Resolution be passed. i RESOLUTION i RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with L. A. Purtell, G.W.O. 10400 for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: South ' of 50th Street from its intersection with a line 2.5 feet east of the east property line of the alley east of Avenue N to its intersection with a line 21 feet east of the east property line of Avenue L known and designated as part of Sub -Unit Number 1 of Unit Number 2106. South k of 50th Street from its intersection with a line 21 feet east of the east property line of Avenue L to its intersection with a line 18 feet west of the west property line of Texas Avenue known and designated as part of Sub -Unit Number 2 of Unit Number 2106. South I of 50th Street from its intersection with a line 18 feet west of the west property line of Texas Avenue to its intersection with a line 14 feet west of the west property line of Avenue H known and designated as part of Sub -Unit Number 3 of Unit Number 2106. South 'k of 50th Street from its intersection with a line 318.7 feet west of the west property line of Avenue Q to its intersection with a line 6 feet west of the east property line of Avenue U known and designated as part of Sub -Unit Number 1 of Unit Number 2107. South � of 50th Street from its intersection with the center line of Avenue W to its intersection with the east property line of the Victory Baptist Church Addition known and designated as part of Sub -Unit dumber 2 of Unit Number 2107. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10400. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets, and/or avenues 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 and to release escrow money. II. This resolution shall take effect and be in force from and after its passage.' PASSED AND APPROVED THIS 19TH DAY OF DECEMBER, 1963. ATTEST: hxrvdRvee Lavenia Lowe, City Secretary APPROVED: John T. Hickerson, City Engineer APPROVED: Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK December 19, 1963 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: F. Strong, Mayor I have examined the paving improvements constructed by L. A. Purtell, paving contractor, under his contract dated April 1, 1963, designated as G.W.O. 10400 and find the improvements on south one-half of 50th Street (medians only) as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock. CONSOLIDATED FINAL ESTIMATE GWO 10400 Accepted Dec. 19, 1963 UANTITIES Yours very truly, John T. Hickerson City Engineer Unit & S.Y. Median Sub -Unit Location Slab 2106-1 South k of 50th Street from 2.5' east of the EPL of the alley east of Avenue N to 21' east of the EPL of Avenue L. 332.21 2106-2 South k of 50th Street from 21' east of the EPL of Avenue L to 18' west of the WPL of Texas r OR 19 1963 r r F 2106-3 South of 50th Street from 18' west of the WPL of Texas Avenue to 14' west of the WPL of Avenue H. 2107-1 South of 50th Street from 318.7' west of the WPL of Avenue Q to 6' west of the EPL of Avenue U. 2107-2 South � of 50th Street from the center -line of Avenue W to the EPL of the 'Victory Baptist Church Addition. COST ESTIMATE 2942.78 S.Y. Median Slab COST DISTRIBUTION TOTALS @ $3.00 CONTRACT COST 118.02 1130.99 955.56 2942.78 _$ 8,828.34 $ 8,828.34 Unit & Contract City to Escrow to be Sub -Unit Cost Contractor Released 2106-1 $ 996.63 $ 996.63 2106-2 1218.00 1218.00 2106-3 354.06 354.06 2107-1 3392.97 3392.97 2107-2 2866.68 1945.28 $ 921.40 $8828.34 $7906.94 -- $921.40 � 63-22-565-1504 Motion by Commissioner Simpson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize re -appointment of Dr. Robert N. Arnold and appointment of John Scoggins to the City -County Welfare Board. Appointments are made for a term of three years. Dr. Arnold's and Mr. Scoggins's terms to expire December 21, 1966. This is a nine member board, other members being: John B. Smith, Jr., Earl Weaver, Mrs. P. T. Glazner, Mr. John Key, John Shropshire, Reverend Rollo Davidson, and Mrs. Mary Lee Roddy. 63-22-565-1505 Motion by Commissioner McLarty, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize revis: of the site plan of Zone Case No. 915, to require that only 15% of each lot be devoted to landscapinj instead of 25% as presently shown. This reduction in landscaping area was approved by the Planning and Zoning Commission in their meeting of December 5, 1963. This being property in the Briercroft Office Park Addition located in the triangle formed by Avenue Q South Drive, Avenue P, and 58th Street. 63-22-565-1596 Mr. Joe Baldridge of Baldridge Bakery, located on Lots 17-24, Block 225, Original Town, appeared bef< the City Commission in regard to waiver of the sidewalk requirements at this location. Motion was made by Commissioner McLarty, seconded by Commissioner O'Mara, that the sidewalk requirement be waived. This motion failed to carry by the following vote: Commissioners McLarty and O'Mara voting Yea, Mayor Strong and Commissioners Alderson and Simpson voting Nay. After further consideration of this request motion was made by Commissioner Alderson, seconded by Commissioner McLarty, motion carried, to authorize construction of a 4 foot sidewalk along the 18th Street side of the property and to allow the sidewalk on Avenue M adjacent to this property to remain in its present state provided the owners of the property save the City harmless from any claims that may arise from the condition of the existing sidewalk. The sidewalk to be extended to the. curb line on 18th Street This motion carried by the following vote: Mayor Strong and Commissioners Alderson, Simpson, and McLarty voting Yea, Commissioner O'Mara voting Nay. 63-22-565-1507 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize publication of advertisement of Notice to Bidders for furnishing and installing nine pumps, motors, and starters for the Sandhills Well Field. 63-22-565-1508 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize publication of advertisement of Notice to Bidders for construction of approximately 18,400 feet of well collector line in the Sandhills Well Field. 63-22-565-1509 Motion by Commissioner Simpson, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve the price and conditions for the disposition of Lot 10, Block 17, Coronado Addition to the City of Lubbock to Pearl Reed for $1,300.00. This property is to be developed with a single family residence in accordance with the Urban Renewal Plan. 63-22-565-1510 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize the City Commission to arrange for permanent storage of emergency hospital supplies in the event of any disaster. Said supplies to be distributed under the direction of the Civil Defense Department said supplies are being furnished to cities by the Federal Government without charge. 63-22-565-1511 The City Commission considered the Property Damage claim of Mrs. W. J. Spoon filed on September 23, 1963. Mrs. Spoon stated that the Animal Shelter picked up two dogs that belonged to her and after they were taken to the pound they escaped but only one was recovered. After consideration of this claim motion was made by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, and Simpson voting Yea, Commissioner McLarty voting Nay, to DENY payment of this claim, however, authorization being hereby given for the City to replace the lost dog if Mrs. Spoon so desires, from the available dogs in the City's custody. 63-22-565-1512 The City Commission considered the Property Damage claim of Jerry W. Smith. (This claim was never officially filed.) Motion was made by Commissioner O'Mara, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, and Simpson voting Yea, Commissioner McLarty voting Nay, to DENY payment of this claim. 63-22-565-1513 Mr. LeRoy Elmore appeared before the City Commission in connection with placement of signs at a Texaco service station located at approximately 50th Street and Avenue U. After discussion the City Commission instructed the Planning and Zoning Department to incorporate this problem into their study being made by a sub -committee of the Planning and Zoning Cammission. The request being for 166 .p r C 19 1963 3-22-566-1514 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and ! Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that Ordinance No. 4270 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 4270 WHEREAS, the City Commission of the City of Lubbock finds -it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: 1960 Water Works System W-102-26 The sum $13,275.00 For the following purpose: Materials and labor for constructing nine (9) well houses for installing and connecting nine (9) pump starters and for installing electrical wiring on nine (9) pump motors. Materials and labor for constructing nine (9) well house floors and pump bases and for nine (9) flow meters and well tie-ins. All for wells 160 through 168, Sandhills Well Field. 3-22-566-1515 Motion by Commissioner Alderson, seconded by Commissioner O'Mara, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize bids to be received for construction and installation of 9 well houses and pumps and motors for wells #160 thru #168, Sandhills Water Well Field. 3-22-566-1516 WESTINGHOUSE ELECTRIC CORPORATION December 16, 1963 Lubbock Power & Light P. 0. Box 2000 Lubbock, Texas Attention: Mr. N. B. McCullough, General Manager Subject: Gas Turbine Installation DA-64685 Quotation --Concrete Foundations Gentlemen: As per your request, we are submitting the following quotation for furnishing and installing of all concrete required for the gas turbine installation. This covers the following areas: 1. Turbine Generator Foundation, Westinghouse drawing 673J203-- approximately 130 C/yd. 2. Building and Inlet duct work foundations-- approximately 60 C/yd. 3. Equipment Foundations i.e. pumps, air compressors, etc.-- approximately 8 C/yd. 4. Cooling tower sump --approximately 21 C/yd. 5. Building floor --approximately 33 C/yd. Approximate Total 252 C/yd. The price for the installation of the above would be $15,650 based on a minimum soil loading of 2000 #Z ft2 and no underground interferences. If caliche is encountered and must be removed; this would be at an additional cost of $3.25 per cubic yard. Operating floor level is at six inches above grade. If there is any additional information required, please advise. Very truly yours, Richard Bober Project Coordinator j SS & GT Division CC: Mr. R. W. Abbott, Lubbock Power & Light Mr. D. R. Jones, Westinghouse, South Phila. Mr. J. W. Matt, Westinghouse, South Phila. Mr. C. B. Covey, Westinghouse, Houston Mr. R. E. Phillips, Westinghouse, Abilene Mr. M. L. Russell, Westinghouse, Fort Worth The City Commission considered the quotation as set out in the above letter from Westinghouse Electric Corporation covering gas turbine installation, DA-64685 Quotation on Concrete Foundation, and motion was made by Commissioner O'Mar4, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize purchase of this equipment, total price being $15,650.00 plus additional cost of $325.00 per cubic yard if caliche is encountered at this location. This being concrete foundations for installation of new gas turbine for the City of Lubbock. The Mayor being hereby authorized to enter into contract, in the event Westinghouse Electric Corporation desires an amended contract to be executed. CONTRACT filed under Gas Turbine in Permanent Files. 3-22-566-1517 WESTINGHOUSE ELECTRIC CORPORATION December 18, 1963 Honorable Mayor and City Commissioners City of Lubbock, Texas EI Ll Attention: Mr. N. B. McCullough General Superintendent DEC 19 1g63 F F F r SUBJECT: 10,000-13,000 KW GAS TURBINE PLANT CONTRACT REVISIONS Gentlemen: Enclosed find five (5) copies of the Contract Documents covering one complete 10,000 to 13,000 KW Gas Turbine -Generator Plant as specified. These documents have been properly executed by the Westinghouse Electric Corporation as required. Also attached are three (3) copies of the Performance and Payment Bonds -which have been countersigned by the Hibler-Turner Agency of Lubbock, Texas. One revision was made in the Contract Documents prior to execution by Westinghouse. Paragraph 4 was revised to read as follows: "Owner shall have the option, to be exercised -by notice to purchaser not later than date of initial operation, to execute and cause contractor to execute the maintenance agreement set forth in Section Five of the Proposal by Westinghouse, dated October 21, 1963." The above revision was then initialed by Mr. K. I. Lutz, Contract Manager, Westinghouse Electric Corporation. All five copies of the Contract Documents are enclosed with this letter in order that Mr. Strong may initial this revision on all copies, including the Westinghouse copy. In addition to the revision stated above, the City of Lubbock, via Mr. M. B. McCullough, has requested a revision of the terms of payment, Paragraph 3, such that terms would be essentially as follows: "Five (5) percent of the contract price on the date of shipment of the turbine and generator from contractor's plant. "Ninety (90) percent upon completion of erection and construction. "Five (5) percent upon completion of all work and acceptance by owner; said acceptance not to exceed 120 days after test operations begin." These terms (5% - 90% - 5%) are acceptable to the Westinghouse Electric Corporation, and this letter may be used by the City of Lubbock as authorization for payment based on these terms. Thank you again for favoring us with this fine order. Very truly yours, WESTINGHOUSE ELECTRIC CORPORA REP:gg ENC. - 5 Rex E. Phillips Motion by Commissioner O'Mara, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize Paragraph No. 4 of contract dated November 20, 1963 between the City of Lubbock and Westinghouse Electric Corporation, to be changed from its present reading to read as follows: r "Owner shall have the option, to be exercised by notice to purchaser not later than date of initial operation, to execute and cause contractor to execute the maintenance agreement set forth in Section Five of the Proposal by Westinghouse, dated October 21, 1963. " The Mayor being hereby authorized to execute amended contract in the event Westinghouse Electric Corporation desires an amended contract to be executed. CONTRACT filed under Gas Turbine in Permanent files. 63-22-567-1518 Motion by Commissioner O'Mara, seconded by Commissioner Simpson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to authorize Paragraph No. 3 of Contract dated November 20, 1963 between the City of Lubbock and Westinghouse Electric Corporation to be amended as to "payment by owner" to read as follows, instead of as stated in the contract: 1. "Five (5) percent of the contract price on the date of shipment of the turbine and generator from contractor's plant. 2. "Ninety (90) percent upon completion of erection and construction. 3. "Five (5) percent upon completion of all work and acceptance by owner; said acceptance not to exceed 120 days after test operations begin." The Mayor being hereby authorized to execute amended contract in the event Westinghouse Electric Corporation desires an amended contract to be executed. CONTRACT filed under Gas Turbine in Permanent Files. 63-22-567-1519 Motion by Commissioner O'Mara, seconded by Commissioner McLarty, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, to approve and adopt the following timetable for marketing of City of Lubbock bonds, also the Preliminary Schedule of Proposed Capital Improvements 1964-1969, bonds to be sold February 27, 1964, authorization being hereby given for publication of Notice of Bond saleconsisting of $4,500,000 Electric Light & Power Revenue Bonds and 3,000,000 General Otji a 1.0 -ZUBB rd s. OF Tentative Bond Marketing Schedule (Proposed Timetable) December 19, 1963 ...Financial briefing by city's fiscal advisor -- Amount of sale proposed -- Maturity schedule and pertinent financial data -- Resolution authorizing bond sale and advertisement of notice IlenPmhwr 19. 1963 to Jamiary 19. 1964 fiH DEC 19 1W January 20-21, 1964 ...City officials conference with bond rating agencies (Moody's, Standard & Poor's, Dun & Bradstreet) and syndicate managers February 27, 1964 ...Bond sale --Ordinance authorizing issuance of bonds March 15-25, 1964 ...Delivery of bonds FINANCIAL SUMMARY Balance of Authorized Funds for Capital improvements Balance of bonds unissued from 1945 program $ 625,000 Amount voted and authorized in 1959 program 11,900,000 ^ Total--1945 bonds unissued and 1959 bonds authorized $12,525,000 $12,525,000 Amount issued from 1959 program to date 6,930,000 Amount unissued from 1945 and 1959 programs $5,595,000 $ 5,595,000 Amount voted and authorized in 1963 program 15,668,000 Total --unissued from 1945, 1959 and 1963 programs 21,263,000 PROPOSED BOND SALE--1964 7 500 000 Balance of bonds --unissued after 1964 sale $13,763,000 Water Sewer Streets Drainage Airport Parks Electric Street Lights(1) Traffic Signals(1) Fire Stations Preliminary Schedule of Proposed Capital Improvements 1964-1969 1964 1965 1966 $1,000,000* $870,000 $1,620,000 500,000 240,000 30,000 282,000 400,000 600,000 0 0 0 998,000 0 0 100,000 150,000 150,000 4,500,000 2,250,000 500,000 0 100,000 0 20,000 0 0 100.000 100.000 0 $7,500,000 $4,110,000 $2,900,000 1967 1968 & 1969 Total $ 900,000 $1,385,000 $ 5,775,000 90,000 335,000 1,195,000 625,000 363,000 2,270,000 1,250,000 620,000 1,870,000 0 0 998,000 250,000 400,000 1,050,000 250,000 0 7,500,000 125,000 0 225,000 0 0 20,000 1.60,000 0 360,000 � $3,650,000 $3,103,000 $21,263,000 * Proposed Water Improvements for 1964 total $1,500,000. $500,000 of this total can be provided by borrowing from Water Treatment Plant savings account. (1)$135,000 for traffic signals and $65,000 for street lights voted in 1963 Bond Election are included in the totals for Streets Bonds. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE MEETING, DECEMBER 19, 1963. ATTEST: � S] r Lavenia Lowe, City Sevketary�-Treasurer READ AND APPROVED THIS THE 9th DAY OF January ATTEST: C",, Lavenia Lowe, City Secretary -Treasurer CITY COMMISSION ADJOURNED FROM REGULAR J CK F. STRONG, Mayor 1964. , Mayor