HomeMy WebLinkAboutMinutes - City Council - Regular - 10/25/197322
0vt 2 5 1973
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REGULAR CITY COUNCIL MEETING
October 25, 1973 1
The City Council of the City of Lubbock, Texas, met at 10:00 A.M. in the regular meeting place
at City Hall. The following members thereof being present to -wit:
Mayor Morris W. Turner, Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Council-
man Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City
Secretary -Treasurer Lavenia Lowe.
Absent: Councilman John E. Baker.
The invocation was given by Councilman Lonnie F. Hollingsworth.
The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber.
Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried,
Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to
approve City Council Minutes - Regular Meeting held October 11, 1973.
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to pass
Ordinance No. 6733 on second and final reading.
ORDINANCE NO. 6733
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: PARK BOND
The sum $15,000.00
For the following purpose: Labor and materials necessary to construct drainage channels on
various park sites: Leroy Elmore Park, Bryan Kastman Park, and
George Mahon Park.
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to pass
Ordinance No. 6734 on second and final reading.
ORDINANCE NO. 6734
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: PARK BOND
The sum $3,500.00
For the following purpose: Labor and material necessary to pave Bangor Avenue on West Side of
South Plains Mall Park (370 feet).
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to pass
Ordinance No. 6736 on second and final reading.
ORDINANCE NO. 6736
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: Street Light-
ing Bond Fund.
The sum $20,000.00
For the following purpose: To install residential mercury vapor street lights at various locations
in the City of Lubbock, Texas.
423
73-32-423-1043 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(g) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to pass
i Ordinance No. 6735-on second and final reading.
�I ORDINANCE NO. 6735
AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RE-
LOCATION FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX. A-14(C) FOURTH ACTION YEAR.
73-32-423-1044 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(9) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to pass
Ordinance No. 6635 on second and final reading.
ORDINANCE NO. 6635
AN ORDINANCE ABANDONING AND CLOSING THE ALLEYS IN BLOCK 115, ORIGINAL TOWN ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDI-
NANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE
CLOSING AND ABANDONMENT OF THE ALLEYS; PROVI➢ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
73-32-423-1045 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(10) Turner and Councilmen Hollingsworth, Jordan 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 Southwestern Bell Telephone
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.
i Passed by the City Council this 25th day of October, 1973.
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary - Treasurer
APPROVED AS TO FORM:
Isl Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
QUIT CLAIM DEED
THE STATE OF TEXAS X KNOW ALL MEN BE THESE PRESENTS
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas,
for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable
consideration to it in hand paid by SOUTHWESTERN BELL TELEPHONE COMPANY, the receipt of which is
hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAII
unto the said SOUTHWESTERN BELL TELEPHONE COMPANY all its right title and interest in and to that
certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas,
described as follows, to -wit:
BEGINNING at the Southwest corner of Lot 1, Block 115, Original Town of the City of Lubbock,
Lubbock County, Texas;
THENCE South a distance of 20 feet to the Northwest corner of Lot 6, Block 115;
THENCE East a distance of 125 feet to the Southeast corner of Lot 10, Block 115;
THENCE South a distance of 125 feet to the Southeast corner of Lot 10;
THENCE East a distance of 20 feet to the Southwest corner of Lot 11;
THENCE North a distance of 145 feet to the Southwest corner of Lot 20;
THENCE West a distance of 145 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 SOUTHWESTERN BELL TELEPHONE COMPAN`
its 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 25th day of October, 1973.
ATTEST:
/s/ Lavenia Lowe
Lavpnia Lowe. City Secretary - Treasurer
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
4,244
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
73-32-424-1046 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(ll) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that the follow-
ing resolution be passed.
RESOLUTION
RESOLUTION FINDING THAT CERTAIN UTILITY EASEMENTS LOCATED IN BLOCK 115, ORIGINAL TOWN OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS RESOLUTION, ARE NO LONGER
NEEDED FOR PUBLIC USE, AND AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO SAID EASEMENTS TO
GRANTORS THEREOF, SOUTHWESTERN BELL TELEPHONE COMPANY.
WHEREAS, the City Council of the City of Lubbock considers certain utility easements as
described in the body hereof to be no longer needed for public purposes and that same should be
abandoned and quitclaimed to the grantors thereof; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. THAT the utility easements described in Section 2 hereof are no longer needed
for public use, and same should be abandoned and quitclaimed to the grantors thereof.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
a Quit Claim deed on behalf of the City of Lubbock in and to certain utility easements unto
Southwestern Bell Telephone Company covering the following described real estate, to -wit:
Tract I BEGINNING at the Northeast corner of Lot 5, Block 115, Original Town Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE South a distance of 125.00 feet to the Southeast corner of Lot 5;
THENCE East a distance of 20.00 feet to the Southwest corner of Lot 20;
THENCE North a distance of 125.00 feet to the Northwest corner of Lot 20;
THENCE West a distance of 20.00 feet to the POINT OF BEGINNING.
Tract II BEGINNING at the Southwest corner of Lot 20, Block 115, Original Town Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE East a distance of 125.00 feet to the Southeast corner of Lot 16;
THENCE South a distance of 20.00 feet to the Northwest corner of Lot 15;
THENCE West a distance of 125.00 feet to the Northwest corner of Lot 11;
THENCE North a distance of 20.00 feet to the POINT OF BEGINNING.
and said tracts are hereby abandoned as public utility easements by said City of Lubbock.
Passed by the City Council this 25th day of October, 1973.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary - Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK X
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
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 01.00) DOLLARS and other good and valuable
consideration. to it in hand paid by SOUTHWESTERN BELL TELEPHONE COMPANY, the receipt of which is
hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT
CLAIM unto the said SOUTHWESTERN BELL TELEPHONE COMPANY, all its right title and interest in and
to that certain tract or parcel of land lying and being situated in the County of Lubbock, State
of Texas, described as follows, to -wit:
Tract I BEGINNING at the Northeast corner of Lot 5, Block 115, Original Town Addition to the
City of Lubbock, Lubbock County, Texas; -
W
Lam!
THENCE South a distance of 125.00 feet to the Southeast corner of Lot 5;
THENCE East a distance of 20.00 feet to the Southwest corner of Lot 20;
THENCE North a distance of 125.00 feet to the Northwest corner of Lot 9n-
425
OCT 2 5 1973
THENCE West a distance of 20.00 feet to the POINT OF BEGINNING.
Tract II BEGINNING at the Southwest corner of Lot 20, Block 115, Original Town Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE East a distance of 125.00 feet to the Southeast corner of Lot 16;
THENCE South a distance of 20.00 feet to the Northwest corner of Lot 15;
THENCE West a distance of 125.00 feet to the Northwest corner of Lot 11;
THENCE North a distance of 20.00 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 SOUTHWESTERN BELL TELEPHONE COMPANY
ITS SUCCESSORS 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 25th day of October, 1973.
Isl Morris W. Turner
MORRIS W. TURNER, MAYOR
ATTEST:
Isl Lavenia Lowe
Lavenia Lowe, City Secretary - Treasurer
73-32-425-1047 NOTICE
(12) OF
CITY COUNCIL HEARING
NOTICE is hereby given to all interested persons as provided by law, that the City Council will
hold a public hearing on the 25th day of October, 1973 at 10:00 A.M., in the City Council Chamber
on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the
Planning and Zoning Commission that the Zoning Ordinance 1695 be amended to amend Sections of said
Zoning Ordinance as described below; and at which time and place all interested persons will be
given an opportunity to be heard, after which hearing, the City Council will determine whether
the Zoning Ordinance will be amended in accordance with such recommendation:
ZONE CASE NO. 1748-A - Appeal of Jay Fikes to change a tract of land out of Lot B, Live Oak
Addition, City of Lubbock, Lubbock County, Texas, from and "R-2" to an "A-1" Zoning District.
Property is further described by metes and bounds to wit:
Tract I
BEGINNING at the Northeast corner of Lot B, Live Oak Addition for the Northeast and beginning
corner of this tract;
THENCE West along the North line of Lot B, Live Oak Addition, a distance of approximately 630
feet to the Northwest corner of the said Lot B, Live Oak Addition;
THENCE South along the West line of Lot B, Live Oak Addition for a distance of approximately 242
feet to a point in the West line of the said Lot B, Live Oak Addition for the Southwest corner
of this tract;
THENCE East, parallel to the North line of the said Lot B, Live Oak Addition for a distance of
approximately 630 feet to a point in the East line of the said Lot B, Oakwood Addition for the
Southeast corner of this tract;
THENCE North along the east line of the said Lot B, Live Oak Addition, to the Place of BEGINNING.
Tract 2
BEGINNING at the Southwest corner of Lot B, Live Oak Addition for the Southwest and beginning
corner of this tract;
THENCE North alongthe said Lot B, Live Oak Addition for a distance of approximately 393 feet to a
point in the West line of the said Lot B, Live Oak Addition, the same being the Southwest corner
of Tract 1 above described, for the Northwest corner of this tract;
THENCE East along the South line of Tract 1 above described for a distance of approximately 233
feet to a point for the Northeast corner of this tract;
THENCE South, parallel to the West line of the said Lot B, Live Oak Addition, a distance of
approximately 393 feet to a point in the South line of the said Lot B, Live Oak Addition for the
Southeast corner of this tract;
THENCE West along the South line of the said Lot B, Live Oak Addition for a distance of
approximately 233 feet to the Place of BEGINNING;
(North of 66th Street and West of Elgin Avenue)
The Planning and Zoning Commission recommended to the City Council that this request be denied.
(City Seal)
/s/ Lavenia Lowe
Lavenia Lowe, Secretary - Treasurei
City of Lubbock, Texas
4�fi
OCT 2 5 1973
In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
1748-A - Appeal of Jay Fikes to change property located north of 66th Street and west of Elgin
Avenue from "R-2" to "A-l" Zoning District. The Planning and Zoning Commission recommended
that this request be denied. Mayor Turner called for proponents and opponents to appear before
the City Council. Roy Bass, Attorney, appeared before the City Council representing Jay Fikes
in support of this zone change request. Neal Wilcox, 3007 66th St.; Jess Ellis, 3009 66th St;
and, Tommy Sewell, 3025 66th St. appeared before the City Council in opposition to this zone
change request. No one else came forward; whereupon, Mayor Turner announced that the hearing
was closed. Jim Bertram, Director of Planning, presented the recommendations of the Planning
and Zoning Commission. After consideration of all information presented, motion was made by
Councilwoman Jordan to uphold the recommendation of the Planning and Zoning Commission and deny
this request. This motion died for lack of a second. After further consideration, motion was
made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Turner and
Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to uphold the recommenda-
tions of the Planning and Zoning Commission and deny zone Case No. 1748-A.
73-32-426-1048 The City Council considered a resolution approving the Annual Arrangements Agreement between the
(13) City of Lubbock and HUD for the fiscal year 1974. After consideration of all information presented,
motion was made by Councilman Campbell that we accept this program and that we send a letter to
the local director of HUD and to the Secretary of HUD pointing out the deficiencies in the Act
and what we think should be done about it. This motion died for lack of a second. Motion was
then made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor
Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to hold
this item until Councilman Baker returns so that a full Council may be present for consideration
of the Annual Arrangements Agreement.
73-32-426-1049 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried,
(14) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
pass Ordinance No. 6737 on first reading.
ORDINANCE NO. 6737
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: Canyon Lakes
The sum $10,000
For the following purpose: Appraisals and related Real Estate expenses for the completion of
work on the Canyon Lakes Project. HUD Segment - GWO 10739.
73-32-426-1050 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried,
(15) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
pass Ordinance No. 6738 on first reading.
ORDINANCE NO. 6738
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: Canyon Lakes
The sum $20,000
For the following purpose: Appraisals and related Real Estate expenses for the completion of
work on the Canyon Lakes Project. BOR Segment - GWO 10746.
73-32-426-1051 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor
(16) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that the
following resolution be passed.
RESOLUTION APPROVING AND PROVIDING FOR THE
EXECUTION OF A PROPOSED CONTRACT FOR GRANT
TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -
SPACE PURPOSES.
WHEREAS, under Title VII of the Housing Act of 1961, as amended, the United States of
America (hereincalled the "Government") has tendered to the City of Lubbock, Texas, (herein
called the "Public Body") a proposed Contract for Grant to Acquire and/or Develop Land for Open -
Space Purposes under which the Government agrees to make a Grant to the Public Body to aid in
financing a project, designated Project No. OSL-TX-06-16-1006; and,
WHEREAS, the Public Body has given due consideration to said proposed Contract; and,
To
— - OCT 2 5.1
WHEREAS -the Public Body is duly authorized, under and pursuant to the Constitution and laws
of the State of Texas, to undertake and carry out said Project and to execute such proposed con-
tract; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The proposed Contract, designated "Contract for Grant to Acquire and/or
Develop Land for Open -Space Purposes, Contract No. OSL-TX-06-16-1006(G)", consisting of Parts
I and II, under and subject to the provisions, terms and conditions of which the Government will
make an Open -Space Land Acquisition and/or Development Grant under Title VII of the Housing
Act of 1961, as amended, to the Public Body to aid in financing the cost of a project, designated
Project No. OSL-TX-06-16-1006, situated in Lubbock, Texas, is hereby in all respects approved.
SECTION 2. The Mayor is hereby authorized and directed to execute said proposed Contract
in two counter parts on behalf of the Public Body, and the City Secretary -Treasurer is hereby
authorized and directed to impress and attest the official seal of the Public Body on each
such counterpart and to forward such counterparts to the Department of Housing and Urban Develop-
ment, together with such other documents relative to the approval and execution thereof as may
be required by the Government.
SECTION 3. The Director of Planning of this Public Body is hereby authorized to file
requisitions, together with necessary supporting documents, with the Government, from time to
time as Grant funds are required, requesting payments to be made to it on account of the Grant
provided for in the Contract, and to do and perform all other things and acts required to be
done or performed in order to obtain such payments.
SECTION 4. The Public Body agrees to abide by all of the provisions, terms and conditions
of said Contract.
Passed by the City Council this the 25th day of October, 1973.
ATTEST:
Isl Morris W. Turner
MORRIS W. TURNER, MAYOR
Isl Lavenia Lowe
Lavenia Lowe, City Secretary - Treasurer
APPROVED AS TO FORM:
Isl Fred_ 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FIRST AMENDATORY CONTRACT
AMENDING
OPEN SPACE CONTRACT
NO. OSL-TX-06-16-1006
THIS First Amendatory Contract, made and entered into on the date hereinbelow specified,
by and between the City of Lubbock, Texas (herein called the "Grantee"), and the United States
of America (herein called the'tovernment"), WITNESSETH:
WHEREAS the Parties hereto entered into that certain Contract for Gra rtto Acquire and/or
Develop land for Open -Space purposes designated Contract No. OSL-TX-06-16-1006(G), and dated
September 21, 1971 (herein called the existing Contract), and it now appears that the existing
Contract should be amended:
NOW THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein and in the existing Contract, the Parties hereto agree as follows:
1. The attachment referred to in Section 2(a) is amended by deleting the parcel designated
Tract I, Map I and substituting in lieu thereof the attached descriptions designated
Tract IA, Map I, and Tract IB, Map I.
IN WITNESS WHEREOF, the Public Body has caused this Amendatory Contract to be duly executed
in its behalf and its seal to hereunto affixed and attested; and thereafter, the Government
has caused the same to be duly executed in its behalf this 25th day of October, 1973.
(SEAL)
ATTEST:
Isl Lavenia Lowe
Lavenia Lowe, City Secretary - Treasurer
APPROVED AS TO FORM:
Isl Fred G. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CITY OF LUBBOCK, TEXAS
BY: Isl Morris W. Turner
MORRIS W. TURNER, MAYOR
UNITED STATES OF AMERICA
Secretary of Housing and Urban
Development
BY:
28
OCR 2 5 1973
SPRAWLS & WILSON SURVEYING CO.
1629 Broadway
Lubbock, Texas
November 15, 1972
FIELD NOTES
Tract IB Map 1
Service Compress & Warehouse Company
Field Notes on a tract of land out of Section 17, Block A, Lubbock County, Texas and being
more particularly described as follows:
Beginning at an iron rod set for the Southeast and beginning corner of this tract, whence
the Northwest corner of the Southwest 1/4 of Section 17, Block A bears South, 1399.7 feet and
West, 3115.0 feet;
Thence North 70036' West, 356.3 feet to an iron rod set for a corner of this tract;
Thence North 89*47' West, 318.2 feet to an iron rod set for the South -Southwest corner of
this tract;
Thence North 0015'30" East, 308.5 feet to an iron rod set for an "L"-Corner of this tract;
Thence North 89*49' West, 237.1 feet to an iron rod set for the North -Southwest corner of
this tract;
Thence North 28*29' West, 94.8 feet to an iron rod set for a corner of this tract;
Thence North 55018'30" West, 117.5 feet to a found concrete R.O.W. marker in the South line
of Loop 289, for the Northwest corner of this tract;
Thence North 73*07' East, along the South R.O.W. line of Loop 289, a distance of 776.2 feet
to an iron rod set for the North -Northeast corner of this tract;
Thence South 48038' East, 385.1 feet to an iron rod, the South -Northeast corner of this
Tract;
Thence South, 550.09 Feet to the place of beginning. Containing 10.944 acres
Certified Correct:
/s/ John N. Wilson
John N. Wilson
Registered Public Surveyor
SPRAWLS & WILSON SURVEYING CO.
1629 Broadway
Lubbock, Texas
November 15, 1972
FIELD NOTES
Tract lA Map 1
Service Compress & Warehouse Company
Field Notes on a tract of land out of Section 17, Block A, Lubbock County, Texas and being
more partiuclarly described as follows:
Beginning at an iron rod set for the Southwest and beginning corner of this tract, whence
the Northwest corner of the Southwest 1/4 of Section 17, Block A bears West, 3035.8 feet;
Thence North 20°21'30" East, 922.5 feet to an iron rod set for a corner of this tract;
Thence North 7°02'45" East, 338.0 feet to an iron rod set for the Northwest corner of this
tract;'
Thence East, 503.8 feet to an iron rod set in the West line of Block 7, Hillside Addition No.
2, for the Northeast corner of this tract;
Thence South, 1200.0 feet to a found iron rod, the Southeast corner of this tract;
Thence West, 865.0 feet to the place of beginning. Containing 18.051 acres
Certified Correct:
/s/ John N. Wilson
John N. Wilson
Registered Public Surveyor
73-32-428-1052 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(17) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to pass
Ordinance No. 6739 on first reading.
429
OCT z 5 19-+
rl�q
ORDINANCE NO. 6739
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED TO 40 MPH ON CERTAIN PORTIONS OF UNIVERSITY
AVENUE IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEALING CONFLICTING ORDINANCES
TO THE EXTENT OF SUCH CONFLICT: APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS
NAMED HEREIN: PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE: PROVIDING A SAVINGS CLAUSE AND
FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE.
73-32-429-1053 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(22) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay
that the following resolution be passed.
RESOLUTION
Resolution accepting sewer system improvements for Lots 1 thru 156 and Tract "A", Park
Lorraine Addition.
WHEREAS, the developer of Lots 1 thru 156 and Tract "A", Park Lorraine Addition has com-
plied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing
sewer improvements for said addition in accordance with paragraph 61 of said chapter 34, and,
WHEREAS, the total sewer cost to the developer is $22,500.46 with the improvements con-
structed by Holloway Contracting Company having a value of $21,226.85 as determined by the unit
prices established by said Chapter 34, and $1,286.03 cash (engineering, wet tie-ins, paving
repair, difference in Pro Rata and actual cost) paid to the City, with Flagg Homes, Incorporated,
the developer, to receive a refund of $1,183.10 in accordance with Chapter 34 of the Code of
the City of Lubbock and a refund of deposit in the amount of $12.42 and,
WHEREAS, the construction of the said sewer improvements was performed under the supervision
of the City Engineer and said improvements have been completed in accordance with the City of
Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an integral part of the
sewage system of the City of Lubbock.
2. That refund of the refundable cost in the amount of $1,183.10 be made in accordance
with said Chapter 34.
3. That a refund of deposit be made in the amount of $12.42.
4. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF OCTOBER 1973.
ATTESTED:
/s/ Lavenia Lowe,
Lavenia Lowe, City Secretary - Treasurer
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City
Attorney
73-32-429-1054 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(23) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that
the following resolution be passed.
DVCnT IITTnW
Resolution accepting water system improvements for Lots 1 thru 156 and Tract "A", Park
Lorraine Addition.
WHEREAS, the developer of Lots 1 thru 156 and Tract "A", Park Lorraine Addition has
complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing
the water improvements for said addition in accordance with paragraph 61 of said Chapter 34,
and,
WHEREAS, the final developer's cost for water improvements constructed by Panhandle Con-
struction Company under Contract W.W.O. 7868 is $42,159.66 with Flagg Homes, Incorporated, the
developer, to receive refund of $15,512.96 in accordance with Chapter 34 of the Code of the City
of Lubbock, and,
WHEREAS, the construction of the said water improvements was performed under the super-
vision of the City Engineer and said improvements have been completed in accordance with the
City of Lubbock's plans and specifications,
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an integral part of the
water system of the City of Lubbock.
.30
CT 8 5 19n
2. That refund of the refundable cost in the amount of $15,512.96 be made in accordance
with said Chapter 34.
3. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF OCTOBER, 1973.
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
ATTESTED:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary - Treasurer
APPROVED: APPROVED:
/S/ Wilford D. Watson /s/ Fred 0. Senter, Jr.
Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City
Attorney
73-32-430-1055 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(24) Mayor Turner and Councilmen Hollingsworth Jordan and Campbell voting Yea, none voting Nay to
authorize final payment to Panhandle Construction Co. for water lines in Park Lorraine Addition,
Lots 1-156 and Tract A, WWO 7868. The contract was $54,054.54 and the final cost was $54,072.59.
October 15, 1973
CERTIFICATE OF COMPLETION
Honorable Mayor and City Council
City of Lubbock, Texas
Gentlemen:
On October 15, 1973, I inspected the Park Lorraine Addition Water Lines, WWO 7868 dated June
14, 1973 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.
Yours very truly,
/s/ Wilford D. Watson
City Engineer
CONTRACTOR'S AFFIDAVIT ON CLOSING JOB
STATE OF TEXAS X
COUNTY OF LUBBOCK X
Before me, a Notary Public in and for Lubbock County, Texas, on this day personally
appeared James G. Nash, who being by me duly sworn, upon oath says:
I, James G. Nash, do represent to the City of Lubbock and solemnly swear that I executed a
contract with the City of Lubbock, said contract being dated June 143, 1973, for Water Distribution
Mains for Park Lorraine Addition, Lot 1-156 and Tract A under WWO 7868, and that the work and
contract has been completed according to the plans and specifications pertaining to the project
and that all labor, materials, supplies and other cost including equipment, rental and hire,
and all expense items incurred in connection with said project have been paid 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 16th day of October 1973.
/s/ James G. Nash
President
Attest: /s/ Arden Bailey
Ass't. Secretary - Treasurer
Subscribed and sworn to before me this the 16th day of October.1973. �-
/s/ James E. Collin
Notary Public in and for
Lubbock County, Texas
73-32-430-1056 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(25) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
authorize final payment to Panhandle Construction Co. 'for relocation of 30" distribution line
at Brownfield Highway and Indiana Avenue, WWO 11481. The contract cost was $27,773.27 and the
final cost was $5,1714.97.
43
OCT 2 5
CERTIFICATE OF COMPLETION
Honorable Mayor and City Council
City of Lubbock, Texas
Gentlemen:
On October 15, 1973 I inspected the Relocation of a 30" Distribution Main at Brownfield Highway
and Indiana Avenue, WWO 11481 Dated March 8, 1973.
Work on this project was terminated prematurely due to a decision not to grant R.O.W. for
Indiana Avenue across Texas Tech Campus. Work done was completed in accordance to plans and
specifications.
Therefore, I recommend that you accept said improvements and authorize final payment to the
Contractor.
Yours very truly,
/s/ Wilford D. Watson
City Engineer
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
James G. Nash, who being by me duly sworn, upon oath says:
I, James G. Nash, do represent to the City of Lubbock and solemnly swear that I executed
a contract with the City of Lubbock, said contract being dated March 8, 1973, for Relocation of
30" Distribution Main at Brownfield Highway and Indiana Avenue under WWO 11481, 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 16th day of October 1973.
/s/ James G. Nash
President
Attest: /s/ Arden Bailey
Ass't. Secretary - Treasurer
Subscribed and sworn to before me this the 16th day of October, 1973.
/s/ James E. Collin
Notary Public in and for
Lubbock County, Texas
73-32-431-1057 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor
(27) Turner and Councilmen Hollingsworth, Jordan, and Cmapbell voting Yea, none voting Nay to pass
Ordinance No. 6740 on first reading.
ORDINANCE NO. 6740
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: THE NORTH -
SOUTH UNNAMED STREET BETWEEN LOTS 1 AND 10, MARTIN - OLIVER ADDITION AND LOT 4 CARROLL'S RE -
SUBDIVISION AND THE EAST -WEST ALLEY BETWEEN SAID STREET AND LOCUST AVENUE MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP
OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
73-32-431-1058 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(28) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay
to authorize publication of Notice to Bidders for the sale of city owned property at the south-
west corner 33rd Street and University Avenue.
73-32-431-1059 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(29) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that the
following resolution be passed. Mr. Arnold Maeker appeared before the City Council in regard to
this item.
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
32
)CT 2 5 1973
for and on behalf of the City of Lubbock a Street Use License in favor of FURR'S CAFETERIAS,
INC., 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 25 day of October, 1973.
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
ATTEST:
Isl Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
/sl Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney -
TEMPORARY STREET USE LICENSE
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
This indenture made this 25th day of October, 1973, between the CITY OF LUBBOCK, TEXAS, a
Home Rule Municipal Corporation, and FURR'S CAFETERIAS, INC., of Lubbock County, Texas, herein-
after called "LICENSEE."
WIT HESSETH:
Subject to the terms, conditions and provisions herein and for and in consideration of the
sum of ONE AND NO/100 ($1.00) DOLLARS cash paid to the CITY OF LUBBOCK, by LICENSEE, the CITY
OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of
dedicated street to construct and maintain a security fence during construction in and upon the
following described portion of dedicated public street, to -wit:
BEGINNING at a point in the North line of 33rd Street, said point being 238.10 feet East of
the Southwest corner of Lot 6, Martin -Oliver Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE Southerly, perpendicular to the North line of 33rd Street, a distance of 26.00 feet
to a point;
THENCE Easterly, parallel to the North line of 33rd Street, a distance of 110.00 feet to a
point;
THENCE Northeasterly a distance of 41.32 feet to a point in the North line of 33rd Street
said point being 380.22 feet East of the Southwest corner of said Lot 6, Martin -Oliver
Addition;
THENCE Westerly with the North line of 33rd Street a distance of 142.12 feet to the PLACE
OF BEGINNING.
1. The terms of this grant shall be for such period of time as necessary for LICENSEE to
maintain said security fence in connection with construction being done or to be done by or for
LICENSEE, subject to the reservation that the CITY OF LUBBOCK retains the right, at its election
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 3101 - 34th Street, Lubbock, Texas.
Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or
the abandonment of the license by the LICENSEE, the improvements that are permitted under this
license shall be removed by the LICENSEE and the property shall be restored to its original con-
dition 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 removed such improvements and the expense incurred shall be
assessed against LICENSEE for which LICENSEE shall be liable.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein-
granted, including but not limited to the replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the construction as authorized by this license. Upon
completion of construction as contemplated hereunder, LICENSEE agrees, at its expense, to restore
the portions of street covered hereby to its original condition.
3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes
with or causes the re-routing or re -alignment of any public utility, franchised utility, or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the
case may be, for its expense which would have been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without first receiving the written
consent of the City Manager of the CITY OF LUBBOCK.
5. This license is made subject to the condition that should the LICENSEE exercise any
right under the license herein granted and prepare or begin or complete any part of the con-
struction as herein contemplated across any or all of the above set out property, then and in
that event said LICENSEE, his heirs and assigns will at all times defend, indemnify and other-
wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all
OCT 2 5 197
claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or
nature which may grow out of or be related to the making of this license or the construction or
maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agree-
ment with any contractors hired by LICENSEE to perform the construction, repair or maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work to be done by such contrac
tor, when engaged in the construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form
satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the
terms, covenants and conditions contained in said agreement and a certified copy of a policy of
public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. THE CITY OF
LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment
of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or
r
adjust the same.
4.
6. LICENSEE agrees and is required to furnish a policy of public liability and property
damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for
the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the
uses herein granted.
7. All of the covenants and provisions of this license shall be binding upon and inure
to the benefit of the successors, legal representative, assigns and the duly authorized agents
and contractors of the parties hereto to the same extent and effect as the same are binding
upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, it
successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the
CITY OF LUBBOCK in each instance except as specified in Paragraph 4 hereof.
8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that
no interest, title or rights of possession are intended or implied except those expressly set
forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to
use hereby and agrees to give peaceful possession of said property covered herein upon termina-
tion or cancellation of this license. This temporary street use license shall automatically
terminate (without the necessity of further writing) upon the completion of construction as
contemplated hereunder.
CITY OF LUBBOCK
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
ATTEST:
/s/ Lavenia Lowe_
Lavenia Lowe, City Secretary -Treasurer
APPROVED:
/a/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
AGREED TO AND ACCEPTED THIS 25th day of October, 1973.
LICENSEE: FURR'S CAFETARIAS, INC.
BY
ATTEST:
Secretary
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
President
73-32-433-1060
The City Council considered a one -meter electric rate for total electric homes. Bill Wood,
(30)
Director of Utilities, and Carroll McDonald, of Southwestern Public Service Company appeared in
regard to this item. After consideration of all information presented, motion was made by Counc.
man Campbell, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen
Hollingsworth and Campbell voting Yea, Councilwoman Jordan voting Nay to authorize the prepara-
tion of an ordinance adopting the one -meter rate to be considered by the City Council at their
next regular meeting to be held November 8, 1973.
73-32-433-1061
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(31)
Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to author-
ize publication of Notice to Bidders for a 20 MW gas turbine unit.
73-32-433-1062
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(32)
Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to up-
hold the recommendations of the Electric Utility Board and pass Ordinance No. 6741 on first
reading.
434
()CT 2 5 1971,
ORDINANCE NO. 6741
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REPEALING THE PRE-
SENT ARTICLE V OF CHAPTER 2 THEREOF; REPEALING ORDINANCE NO. 4661 OF THE CITY OF LUBBOCK; EN-
ACTING A NEW ARTICLE V OF CHAPTER 2 ENTITLED "ELECTRIC UTILITIES"; PROVIDING A DEPARTMENT OF
ELECTRICAL UTILITIES; PROVIDING AN ELECTRIC UTILITY BOARD; PROVIDING RESPONSIBILITIES OF SUCH
BOARD; PROVIDING FOR PROMOTION AND ADVERTISING; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVID-
ING A DIRECTOR OF ELECTRICAL UTILITIES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION:
73-32-434-1063 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried,
(33) Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay that
the following resolution be passed.
RESOLUTION
WHEREAS, the Constitution of the State of Texas, imposes a maximum ad valorem tax rate which
may be established by cities in Texas; and
WHEREAS, such tax rate ceiling includes costs of governmental operations and payment of bond
principal and interest; and
WHEREAS, Senate Joint Resolution No. 29 has been passed by the Texas Legislature and is
to be submitted to the voters of Texas on November 6, 1973 as an amendment to the Constitution
which would permit cities in Texas to levy and collect ad valorem taxes in addition to all other
taxes authorized, at such rate as will be sufficient to pay when due the principal and interest
on general obligation bonds issued after the effective date of such amendment:
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby endorse Senate Joint Resolution
No 29 as an amendment to the Texas Constitution and does urge all voters to support and vote
for such amendment.
Passed by the City Council this 25th day of October, 1973.
/s/Morris W. Turner
MORRIS W. TURNER, MAYOR
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
73-32-434-1064 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(34) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
authorize publication of Notice to Bidders for expansion of the Flight Service Station at Lubbock
Regional Airport.
73-32-434-1065 The City Council considered requesting the Texas Tech Board of Regents to widen University Avenue.
(35) After consideration of all information presented, motion was made by Councilman Hollingsworth,
seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth,
Jordan and Campbell voting Yea, none voting Nay authorizing the Mayor to write a letter to the
Texas Tech Board of Regents requesting that University Avenue be widened, said letter being set
in on opposite page, 434a.
73-32-434-1066 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried,
(36) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
appoint Scott Rickman to the Citizens Traffic Commission to fill the unexpired term of David A.
Collier, who resigned. Mr. Rickman's term will expire July 13, 1975.
73-32-434-1067 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(40) Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to appoint
Sloan Fortenberry, Dave Anderson, Ben Stribling, Jim Ratliff and James D. Mertes to the Zoning
Ordinance Revision Committee.
73-32-434-1068 Motion was mdde by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(20) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay
that the following resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW:
WHEREAS, the City of Lubbock passed a resolution on September 27th, 1973 authorizing the
construction of street improvements by Zahn Pavers on portions of the following streets:
Locust Avenue from its intersection with a line 6.0 feet South of the South Property Line of alley
South of 33rd Street to its intersection with a line 12.0 feet North of North Property Line of
East 34th Street known and designated as Sub -Unit Number 6 of Unit Number 2229.
33rd Street from its intersection with a line 355.0 feet East of the East Property Line of Juni-
per Avenue to its intersection with a line 6.0 feet South of the South Property Line of the alley
South of 33rd Street known and designated as Sub -Unit Number 7 of Unit Number 2229.
Li.
Ell
AND WHEREAS, the improvements upon the said portions of the abovementioned streets have been
inspected and found to have been constructed according to the approved plans and specifications.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS
4,15
I.
That the improvements on said portions of the abovementioned streets be, and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of
the City's share.
II.
This resolution shall take effect and be in force after its passage.
PASSED AND APPROVED THIS 25TH DAY OF OCTOBER, 1973.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary
/s/ Morris W. Turner.
MORRIS W. TURNER, MAYOR
CONSOLIDATED FINAL ESTIMATE
MARTIN OLIVER ADDITION
Accepted October 24, 1973
S.Y. S. Y.
Unit & Paving L. F. Alley
Sub -Unit Location 6" Base C & G Return
2229-6 Locust Avenue from
6' S. of S.P.L. of
,Alley S. of 33rd
Street of 12' N.
of N.P.L. of East
34th Street
2229-7 33rd Street from
355' E. of E.P.L.
of Juniper Avenue, to
6' S. of S.P.L. of
alley S. of 33rd
Street.
COST ESTIMATE
2,097.95
1,158.41
20.10
COST DISTRIBUTION
Unit &
Sub -Unit
Totals
S. Y. Paving 6" Base
L. F. Curb & Gutter
$. Y. Alley Return
Contract
Cost
597.33
1500.62
2097.95
@$2.25
@$2.25
@$8.00
CONTRACT COST
Property
Owner
Cost
327.0
831.41
1158.41
$4,720.39
$2,606.42
$ 160.80
$7,487.61
City to
Contractor
NOW
2229-6 $2,079.74
2229-7 $5,407.87
Total $7,487.61 $7,403.82 $83.79
20.10
20.10
73-32-435-1069 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(21) Mayor Turner and Councilmen Hollingsworrt h, Jordan and Campbell voting Yea, none voting Nay
that the following resolution be passed.
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331,
the subdivider of Greenbrier Addition, made arrangements with Walter Jarnagin Dirt & Paving
Contractor for the construction of paving improvements on a certain street dedicated in said
subdivision under the provisions of said Ordinance prior to the recording of the subdivision
plat of Greenbrier Addition including the following street:
Wayne Avenue from its intersection with a line 3.00 feet North of North Property Line of the
alley North of 51st Street to its intersection with a line 350.00 feet South known and designated
as New -Subdivision Unit Number 2017-33.
AND WHEREAS, the construction of the d)ove improvements on the abovementioned street
was performed under the supervision of the City Engineer, and said improvements have been com-
pleted and have been inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned street be and the same are
hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of
36
'OCT t 5 1973
the cost and to release pre -paid paving.
II.
This resolution shall take effect and be in.force from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF OCTOBER, 1973.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary
CONSOLIDATED FINAL ESTIMATE
GREENBRIER ADDITION
Accepted October 24, 1973
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
S.Y. S. Y. L. F.
Unit & Paving L. F. Alley C & G
Sub -Unit Location 0"Base C & G Return Removal
NS-2017-33
COST ESTIMATE
1364.11
581.70
53.19
593.68
COST DISTRIBUTION
Wayne Avenue from 3'
North of the N.F.L.
of the alley North
of 51st Street to
a point 350' South
S. Y. Paving 6" Base
L. F. Curb & Gutter
S. Y. Alley Return _
L. F. Curb & Gutter
Removal.
1364.11 581.70 53.19
CONTRACT COST
@ $2.50
@ $2.50
@ $9.00
@ $1.00
593.68
$3410.28
$1454.25
$ 478.71
$ 593.68
$5936.92
Property Pre -Paid
Unit 4 Contract Owner Paving To
Sub -Unit Cost Cost Be Released
NS-2017-33
$5936.92
$4291.78
$1645.14
73-32-436-1070 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion Carried,
(26) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that
Ordinance No. 6742 be passed on first reading.
ORDINANCE NO. 6742
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 COUNDIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: STREET
IMPROVEMENT BOND FUND GWO 10755
The sum-$87,339.00
For the following purpose: Acquisition of Right -of -Way of widen 4th Street.
Parcel No. 6: 2193 sq.ft. out of Lot 1,
Block 14, Merritt & Wilde Subdivision of
Roberts & McWhorter Addition ...................................... $85,000.00
Appraisers cost and testimony ..................................... 1,900.00
Court cost ........................................................ 40.00
Certified copy of Judgement;; ...................................... 11.00
Title Policy ...................................................... 388.00
Total.. $87,339.00
€3'7
OCT 2 5 1974
73-32-437-1071 Motion was made by Councilman Hollingworth, Seconded by Councilman Campbell, motion carried,
(19) Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay
that the following Ordinance be passed No. 6743.
ORDINANCE NO. 6743
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: STREET IM-
PROVEMENT FUND
The sum $10,000
For the following purpose: City's Cost On Street Paving Improvements Authorized By City
Council As Resolution Paving.
73-32-437-1072 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried,
(18) Mayor Turner and Councilman Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
pass the following Resolution.
RESOLUTION
WHEREAS, the City Council of the City of Lubbock by resolutions passed on July 26, 1973,
August 9, 1973, August 23, 1973 and October 11, 1973, in regular sessions of
said City Council declared a necessity for and ordered the improvement of those certain high-
ways, streets, and alleys or portions thereof in the City of Lubbock, Lubbock, Texas, as more
particularly described hereafter, by excavating, grading, and paving the same and by the con-
struction of drainage facilities therein and by the construction of curbs and gutters wherein
curbs and gutters are not now in place, and directing the City Engineer to prepare plans and
specifications for said improvements; and,
WHEREAS, the plans and specifications for the improvements of said highways, streets and
alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock, Texas,
WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas to be
necessary ih-the public interest to make the improvements herein designated on those certain
highways, public streets and alleys or portions thereof; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT improving the hereinafter described highways, streets and alleys, or portions there-
of, located within the City of Lubbock by excavating, grading and paving the surface thereof
and the construction of drainage facilities therein as well as the necessary curbs and gutters
which are not now in place be and are hereby found to be a necessity; and,
THAT the cost of making such improvements be partly paid by the City of Lubbock and partly
by the hereinafter described property abutting upon the highway, street or streets, and alleys
or portions thereof which are hereby ordered to be improved, and the owners of such property
as a personal liability, after, public hearing all in accordance with and as required by Article
1105b, of the Revised Civil Statutues of Texas amended by Chapter 281 Acts of the 52nd Legisla-
ture and amendments thereto.
The portions of streets and alleys upon which improvements are proposed to be constructed
and the abutting property proposed to be assessed for said improvements designated and defined
by Unit and Sub -Unit are as follows:
UNIT AND
SUB -UNIT NO.
STREETS
FROM
TO
2229-10
43rd Street
Chicago Avenue
Dover Avenue
2229-11
Dover Avenue
Brownfield Drive
44th
Street
2229-12
East Broadway
Holly Avenue
June
Avenue
2229-13
East 13th Street
Guava Avenue
June
Avenue
2229-14
East 15th Place
Guava Avenue
June
Avenue
2229-15
Englewood Avenue
46th Street
47th
Street
2229-16
Avenue "D"
27th Street (W.Leg)
29th
Street
2229-17
Locust Avenue
34th Street
36th
Street
2229-18
2nd Place
Geneva Avenue
Gary
Avenue
2230-1
2230-2
2231-1
2231-2
2231-3
2232-1
2233-1
2233-2
East Half of
Bangor Avenue
East Half of
Elgin Avenue
Frankford Avenue
East Half of .
Frankford Avenue
Frankford Avenue
(Less East Side
52nd Street
58th Street
75th Street
34th Street
50th Street North to
36th Street South to
from 41st St. to Alley N.
Avenue "A"
University Avenue 76th Street
West Half of Slide 177.0 feet N.
370.0 ft. North
of 58th Street
82nd Street
36th Street
Loop 289
Loop 289 R.O.W.
of 36th Street)
350.0 ft. East
of Avenue "A"
82nd Street
736.0 feet N.
438
OCT 2 5 1973
SUB -UNIT NO.
ALLEYS
FROM
TO
A-458-1
E-W Alley Between
Boston
Canton
20th St. & 21st
A-458-2
N.W.-S.E. Alley Between
Alley S. of 61st
St. 62nd Dr.
Kenosha Dr. & Knoxville
Dr.
A-458-3
E-W Alley Between
Gary
Flint
22nd St. & 23rd St.
A-458-4
N.W.-S.E. Alley Between
Memphis Avenue
Oxford
Dr.
62nd Dr. & 63rd Dr.
A-458-5
E-W Alley Between
Flint
Gary
21st St. & 22nd St.
A-458-6
N-S Alley Between
264.7'N.of
Boston
Belton Ave & Boston Avenue50th Street
A-458-7
N-S Alley Between
224.6'N. of
Canton
Belton Ave, & Canton Ave. 50th Street
A-458-8
E-W Alley Between
Boston
Canton
46th St. & 44th St.
A-458-9
E-W Alley Between
Canton
Detroit
46th St. & 44th St.
A-458-10
N-S & E-W Alley
Between Canton
Boston
42nd
and Boston
A-458-11
E-W Alley Between
Elgin
Canton
42nd & 43rd
A-458-12
E-W Alley Between
Detroit
139.0'
East
46th & 48th
A-458-13.
N-S Alley Between
45th St.
214.8'
North
Canton and Elgin
A-458-14
E-W Alley Between
Elgin
306.6'
South
45th & 48th
East
A-458-15
E-W Alley Between
Elgin
300.0'
East
43rd & 45th
THAT the City Secretary be and is hereby authorized and directed to prepare a certified
copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records
of Lubbock County, Texas.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF OCTOBER, 1973.
ATTESTED:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
73-32-438-1073 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried,
(41) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to
appoint Ray L. Fraser, Marcus J. "Bud" Aderton, Bill Mullins, 0. W. Chisum, Bill Cox, Darrell
Vines, Calvin G. Walker, Henry Huneke, Jr., and James E. Walker to the Building Code Study
Committee.
73-32-438-1074 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(29a) Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that the
following resolution be passed.
1?FQA7 TT'TTnAl
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 Street Use License in favor of FURR'S CAFETERIAS, INC.,
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 25th Day of October, 1973.
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
STREET USE LICENSE
THE STATE OF TEXAS X
/s/ Morris W. Turner
MORRIS W. TURNER, MAYOR
COUNTY OF LUBBOCK X
This indenture made this 25th day of October, 1973, between the CITY OF LUBBOCK, TEXAS, a
Home Rule Municipal Corporation, and FURR'S CAFETERIAS, INC., A Corporation, of Lubbock County,
►!
0Gl 2`1 1�
Texas, hereinafter called "LICENSEE".
WITNESSETH:
Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant
to the LICENSEE, the right, privilege and license to use a portion of dedicated street to con-
struct and maintain a
Water line and grease trap and clean outs (said trap and clean=outs being in approximate
dimensions of six feet by twelve feet), said crater line and grease trap and clean outs
being located beginning approximately 265.9 feet East of the East right of way line of
Juniper Avenue in the City of Lubbock, Lubbock County, Texas, and lying between the curb
line of 33rd Street and the North right of way line of 33rd Street, said portion of 33rd
Street lying immediately South of private property abutting thereon which is owned by
LICENSEE. This License covers the existing water line and grease trap and clean outs,
and does not cover any further enlargement or extension thereof which might or could be
made by LICENSEE.
1. The terms of this grant shall be from year to year not to exceed twenty (20) years
without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election
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 3101 - 34th Street, Lubbock, Texas
Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or
the abandonment of the license by the LICENSEE, the improvements that are permitted under this
License shall be removed by the LICENSEE and the property shall be restored to its original
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. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of
TEN AND N01100 ($10.00) DOLLARS per year for the duration of this license, with the first
year payable on execution of this instrument and a like sum payable on January 1 of each succeed-
ing year for the duration of this license.
3. Payment of the annual fee provided above, except the initial payment shall be made by
LICENSEE to CITY OF LUBBOCK on January 1st of each year this license is in effect. Notice of
such fee being due shall be sent by the CITY OF LUBBOCK to LICENSEE and upon failure of LICENSEE
to pay such fee within thirty (30) days from receipt of such notice, the CITY OF LUBBOCK shall
consider such none -payment as a default in this license, and the City Council shall determine
whether such license shall be considered forfeited and may elect to demand vacation by LICENSEE.
4. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein
granted, including but not limited to the replacement and repairing of paving, sidewalks and
utilities of any nature occasioned by the anstruction as authorized by this license.
w
5. In the event the CITY OF LUBBOCK determines that the existence of such use interferes
with or causes the re-routing or re -alignment of any public utility, franchised utility, or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF 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.
6. This license is not transferable by the LICENSEE without first receiving the written
consent of the City Manager of the CITY OF LUBBOCK.
7. This license is made subject to the condition that should the LICENSEE exercise any
right under the license herein granted and prepare or begin or complete any part of the con-
struction as herein contemplated across any or all of the above set out property, then and in
that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and other-
wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all
claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or
nature which may grow out of or be related to the making of this license or the construction or
maintenance and use permitted herein. THE CITY OF LUBBOCK, at its option, may require an agree-
ment with any contractors hired by LICENSEE to perform the construction, repair or maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims,
lialility, 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 construction
repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK,
a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK,
guaranteeing the faithful performance of all the terms, convenants and conditions contained in
said agreement and a certified copy of a policy of public liabolity assumed by contractor in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE
prior to incurring any costs or expenses or the payment of any such claims or demands in order
to give LICENSEE a reasonable opportunity to settle or adjust the same.
8. LICENSEE agrees and is required to furnish a policy of public liability and property
damage insurance, within limits specified by, and in a form satisfactory to the City Attorney
for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering
the uses herein granted.
9. All the covenants and provisions of this license shall be binding upon and inure to the
benefit of the successors, legal representative, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as the same are binding upon and
enure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its
successors and assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY
OF LUBBOCK in each instance except as specified in Paragraph (6).
0
10. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that
no interest, title or rights of possession are intended or implied except those expressly set
forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to
use hereby and agrees to give peaceful possession of said property covered herein upon termina-
tion or cancellation of this license.
CITY OF LUBBOCK
/s/ Morris W. Thrner
MORRIS W. TURNER, MAYOR
ATTEST:
/s/ Lavenia Lowe
Lavenia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
APPROVED:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
AGREED TO AND ACCEPTED this 25th day of October, 1973.
FURR'S CAFETERIAS, INC.
BY
President
ATTEST:
0
Secretary
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNSIL ADJOURNED FROM REGU MEET-
ING, OCTOBER 25, 1973. )7
'MORRIS W. TURNER, MAYOR
ATTES
Lavenia Lowe, City Secretary - Treasurer
READ AND APPROVED THIS THE 8th day of November 1973.
ATTES
Laveni Lowe, City Secretary - Treasurer
MORRIS W. TURNER, MAYOR