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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/8/1966SEP 8 196 September 8, 1966 I REGULAR MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr. and Councilmen James H. Granberry, Jack Kastman, Ray J. Diekemper, Jr. anc W. E. Medlock, City Attorney Fred 0. Seater, Jr., City Manager William J. Pitstick, Jr., City Secretary -Treasurer Lavenia Lowe. Absent: None `. 66-25-337-888 Invocation was given by Mayor W. D. Rogers, Jr. (1) 66-25-337-889 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (2) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held August 25, 1966. 66-25-337-890 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers anc (3) Councilmen Granberry, Kastman, Diekemper, amd Medlock voting Yea, none voting Nay, that Ordinance No. 5077 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5077 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certair 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: Water Capital Project Fund The sum $62,063.79 For the following purpose: Construction of water lines to tie the Canadian River Water Supply Line to City System. Contract $ 52,658.37 City furnished materials & labor 6,200.00 Paving repair 250.00 Engineering 2,955.42 $ 62,063.79 66-25-337-891 Motion by Councilman Diekemper, seconded by Councilman Granberry,.motion carried, Mayor Rogers and (4) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5078 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5078 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: Sanitary Sewex Capital Project Fund The sum $20,337.38 For the following purpose: Construction of sanitary sewer in Elm Avenue from Plains Co-op Mill (near 33rd St.) to.26th Street. Low Bid $ 16,633.28 Pre Construction Cost 346.14 Paving Repair 2,406.00 Engineering 951.96 $ 20,337.38 66-25-337-892 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and (5) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5079 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5079 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, W SEP 8 1966 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: Electrical Capital Projects Fund The sum $2,170.00 For the following purpose: Acquisition of Lot 2, Block 1, Tech Gardens Addition, located at 2905 and 2907 Erskine Street, from Herman L. Post and wife, Adelle C. Post for use as a sub -station site. 66-25-338-893 Motion by Councilman Diekemper, seconded by'Councilman Granberry, motion carried, Mayor Rogers (6) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5080 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5080 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 Fund The sum $17,500.00 For the following purpose: To install a portion of the water system & lighting system around the Mae Simmons Community Center on Mae Simmons Park. 66-25-338-894 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (7) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5081 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5081 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, 11 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 Fund The sum $25,129.00 For the following purpose: To completely furnish and put into operation two new Community Centers; one at Rodgers Park & one at Mae Simmons Park. 66-25-338-895 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (8) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5082 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5082 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 Fund The sum $2,500.00 For the following purpose: Additional improvements on two new Community Centers. One at Mae Simmons Park and one at Rodgers Park. A. Shelves for storage rooms in both Centers---------- $ 400.00 B. Serving Counters for Concession Room in both Centers-------------------------------------------- 800.00 C. Fence around air conditioning units - four (4) - both Community Centers----------------------------- 400.00 D. Additional reinforcement around fences to prevent vandalism------------------------------------------ 500.00 E. Painting of ceiling in the large rooms - both Community Centers---------------------------------- 400.00 TOTAL--------------- $2500.00 66-25-338-896 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (9) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5075 be passed on second and final reading. ORDINANCE NO. 5075 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF T TTnnnrV an AO mn UA VV Tvp VAT T nTJTmr+ runMrA . 7nuu peer Nn 1 A 3 A • "ANnV TUR NnRT9 sn" nV THE 33 SEP g ic, r r r r 338E P 8 1966 Item 33 NOTICE TO BIDDERS LARGE BUILDING TO BE REMOVED Sealed bids will be accepted by the Purchasing Agent of the City of Lubbock prior to 4 p.m., September 6, 1966, for the disposition of a large metal building located in the 900 block of 1st Place, west of Avenue H. This building has been used as migrant farm labor housing and consists of more than 20 units. All bids must include clearing and cleaning of the area after removal. Except for foundation. To be run Sunday, August 21, 1966, and Sunday, September 4, 1966. Bids as follows were received for disposition of the labor camp building, being Bid No. 9367. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Clayton Roberts for disposition of this building as set out in the above Notice to Bidders. 33f SEP 8 1965 i; ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY EXTENDING FROM THE WEST LINE OF SLIDE ROAD TO A POINT EVEN WITH THE WEST LINE OF LOT IR, HOWARD & GARLINGTON ADDITION, FROM AN "R-l" TO A "C-4" ZONING DISTRICT. 66-25-339-897 (33) SEE CORRECTION OF THIS ITEM ON PAGE 338B. 66-25-339-898 Bids as follows were received for furnishing two pumping units each for Pump Stations No. 3 and (34) No. 7, being W.W.O. 11412. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the Bid of Worthington Corpor< tion for furnishing two pumping units each for Pump Stations No. 3 and No. 7, being W.W.O. 11412. The Mayor being hereby authorized to enter into contract. 66-25-339-899 Bids as follows were received for the purchase of sulfuric acid for the electric plants, being (35) Bid No. 9375 for a period of one year. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, anc Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Shamrock Oil and Gas Company - Amarillo for the purchase of sulfuric acid for the electric plants for a period of one year. 66-25-339-900 Bids as follows were received for the purchase of hexametaphosphate for the electric plants, beinj (36) Bid No. 9376 for a period of one year. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, anc Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Calgon Corporation - Houston for the purchase of hexametaphosphate for the electric plants for a period of one year. 66-25-339-901 Bids as follows were received for the purchase of hydrogen, oxygen and acetylene, being Bid No. (37) 9374 for a period of one year. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Bid Three Welding Company for the purchase of hydrogen, oxygen and acetylene for a period of one year. 66-25-339-902 Bids as follows were received for the purchase of 6", 8" and 10" sewer tile, being Bid No. 9371A (38) for a period of one year. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Morrison Supply Company for the purchase of 6", 8" and 10" sewer tile for a period of one year. 66-25-339-903 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (13) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5085-be passed on first reading. This ordinance being passed to repeal Ordinance No. 5065 and show correct description of land which was incorrect in Ordinance 5065, Zone Case No. 857-A. ORDINANCE NO. 5085 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK $O AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 857-A: CHANGE BLACK 70 AND THE WEST 200' OF BLOCK 69, ROBERTS & MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO A "M-l" ZONING DISTRICT; AND CHANGING A TRACT OF LAND DESCRIBED BY METES AND BOUNDS IN SECTION 19, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO A "M-l" ZONING DISTRICT; REPEALING ORDINANCE NO. 5065. 66-25-339-904 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers anc (17) Councilmen Granberry; Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5086 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5086 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, 40 g 1966 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: Traffic Light � The sum $2,802.09 For the following purpose: Labor and material to install a traffic signal at 19th Street and Avenue U with walk and wait signals. 66-25-340-905 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (i$) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5087 be passed as an emergency measure. ORDINANCE NO. 5087 AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE U FROM NINETEENTH STREET TO SEVENTEENTH STREET AS A ONE-WAY STREET AND PERMITTING ONLY VEHICULAR TRAFFIC PROCEEDING NORTH ON SAID POR- TION OF SAID STREET; PROVIDING FOR SIGNS TO INDICATE THAT SAID PORTION OF SAID STREET IS ONE- WAY: PRESCRIBING A PENALTY; DECLARING AN EMERGENCY; PROVIDING FOR PUBLICATION OF THE DESCRIP- TIVE CAPTION AND PENALTY CLAUSE HEREOF AS AN ALTERNATIVE METHOD OF PUBLICATION PROVIDED BY LAW. 66-25-340-906 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. .RESOLUTION RESOLUTION AUTHORIZING THE ACCEPTANCE OF CERTAIN PARK SITES IN THE CORONADO URBAN RENEWAL PROJECT AREA IN ACCORDANCE WITH THE URBAN RENEWAL PLAN AND IN ACCORDANCE WITH THE COOPERATION AGREEMENT WITH THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, The Urban Renewal Plan for the Coronado Urban Renewal Project as adopted by the governing body of the City of Lubbock on the-23rd day of March, 1961 sets forth two areas to be cleared and redeveloped as neighborhood parks; and, WHEREAS, the Supplementary Cooperation Agreement as executed by and between the Urban Renewal Agency of the City of Lubbock and the City of Lubbock on the 24th day of October, 1963 provided, among other things, that the City would "construct and provide the development of a neighborhood park at East 28th Street and Juniper Avenue" and also that the City would "construct and provide the expansion and development of Booker T. Washington Park", and WHEREAS, the land to be conveyed by the Urban Renewal Agency to the City of Lubbock is known as Lot 1, Block 27, Coronado Addition at East 28th and Juniper Avenue and as Lot 1, Block 6, Coronado Addition adjacent to Booker T. Washington Park; and, WHEREAS, the land has been duly acquired and cleared by the Urban Renewal Agency and replatted and street improvements and utilities have been provided and the land is ready for conveyance for redevelopment; and, WHEREAS, the deeds of dedication for each tract have been prepared requiring that the land be redeveloped and forever used for park purposes for the public without discrimination upon the basis of race, color, creed or national origin in accordance with the Urban Renewal Plan and the Cooperation Agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THAT: SECTION 1. That it is hereby determined that the City of Lubbock, a duly incorporated municipality of the State of Texas, accepts the dedication deeds dedicating the following described property for park purposes: LOT ONE (1), BLOCK TWENTY-SEVEN (27), CORONADO ADDITION, and addition to the City of Lubbock, Lubbock County, Texas and LOT ONE (1), BLOCK SIX (6), CORONADO ADDITION, an addition to the City of Lubbock, Lubbock County, Texas. I SECTION 2. That the above described property shall be developed as neighborhood parks in accordance with the Urban Renewal Plan of the Coronado Project and in accordance with the said Supplementary Cooperation Agreement and shall be administered and maintained by the City of Lubbock. On motion of Councilman Medlock, seconded by Councilman Diekemper, the above and foregoing Resolution was passed this 8th day of September, 1966, by the following vote: Councilmen voting "AYE": Granberry, Kastman, Diekemper, and Melee*, and Mayor Rogfis. Councilmen voting "NAY": None W. D. ROGERS, JR., Mayol�_d ATTEST : LAVEW LOWE, City ecreta y-Treasurer 66-25-340-907 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (20) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize supplement to the Park Department's 1965-66 City of Lubbock Budget in the amount of $2,150.00 for olantinc trees as a screen on Ash Avenue from 20th Street to 26th Street in the Urban '341 SEP g 196 F'. F r r r 66-25-341.90. Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers an (21) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES -IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Pioneer Pavers, Inc. (G.W.O. 2907) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: Salem Avenue from its intersection with a line 18 feet South of the South Property Line of 52nd Street to its intersection with a line 18 feet South of the South Property Line of 53rd Street known and designated as Sub -Unit Number 58 of.Unit Number 2145. Salem Avenue from its intersection with a line 18 feet North of the North Property Line of 52nd Street (East Leg) to -its intersection with a line 18 feet South of the South Property Line of 51s Street (East Leg) known and designated as Sub -Unit 59 of Unit Number 2145. Utica Avenue from its intersection with a line 15 feet South of the South Property Line of 52nd Street (West Leg) to its intersection with a line 18 feet South of the South Property Line of 54t. Street (West Leg) known and designated as Sub -Unit Number 11 of Unit Number 2146. Utica Avenue from its intersection with a line 11 feet South of the South Property Line of 50th Street to its intersection with a line 3 feet North of the North Property Line of the alley South of 51st Street known and designated as Sub -Unit 12 of Unit Number 2146. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms o said contract (G.W.O. 2907). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the sauce are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the Cityts portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of'the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF SEPTEMBEA ATTEST: LAVENIA LOWE, City Secretar.-Treasurer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: September 8, 1966 I have examined the paving improvements constructed by Pioneer Pavers Inc., paving contrac- tor, under their contract dated February 10, 1966, designated as G.W.O. 2907 and find the improve- ments on Salem Avenue from 51st Street to 53rd Street and on Utica Avenue from 50th Street to 54th Street as listed on the final estimate and assessment sheet to have been completed in accord- ance 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 them by the City of Lubbock and issue assignable certifi- cates against property owners for the respective amounts shown on the attached final assessment sheets as being -due against them.and their respective properties. Yours very truly, /sl Samuel W. Wahl Samuel W. Wahl V P $ 1966 CDNSOLIDATED FINAL ESTIMATE G.W.O. 2907 Accepted September 8, 1966 QUANTITIES S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Re-sur- Sub-Unit Location 6" Base C & G Return facing 2145-58 Salem Avenue from 18' S. of the SPL of 52nd St. to 18' S. of the SPL of 53rd St. 2145-59 Salem Avenue.from 18' N. of the NPL of 52nd St. (E.Leg) to 18' S. of the SPL of 51st St. (E.Leg) 2146-11 Utica Avenue from 15' S. of the SPL of 52nd St. (W.Leg) to 18' S. of the SPL of 54th St. (W.Leg) 2146-12 Utica Avenue from 11' S. of the SPL of 50th St. to 3' N. of the alley S. of 51st St. TOTALS COST ESTIMATE 7,151.04 S.Y. Paving 6" Base 2,582.08 L.F. Curb & Gutter 37.10 S.Y. Alley Return 55.73 S.Y. Resurface 1,273.34 652.90 12.44 859.56 367.00 12.44 3,166.19 650.98 1,851.95 912.10 12.22 7,151.04 @ $1.72 @ $1.60 @ $6.00 @ $1.20 CONTRACT COST 2,582.08 $12,299.78 4,131.32 222.60 66.88 $16,720.58 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Escrow Sub -Unit Cost Cost NOW Released 2145-58 3,307.98 2,467.10 840.88 2145-59 2,140.28 1,722.95 -60.57 477.90 2146-11 6,487.41 3,394.31 1,360.14 1,732.96 2146-12 _ 42784.91 5,399.48 -909.26 294.69_ TOTAL 16,720.58 12,983.84 1,231.19 2,505..55 55.73 37.10 55.73 66-25-342-909 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize advertisement of Notice to Bidders for construction of a pump station building including piping valves, installation of pumping units and electrical tie-ins for Pump Station No. 3 located at approximately 3rd Street and Akron Avenue. 66-25-342-910 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (24) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5088 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5088 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 Fund The sum $3,976.00 For the following purpose: To pave Avenue L from 54th Street to 56th Street adjacent to Lewis Park 66-25-342-911 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT KNOWN that on this the 8th day of September, 1966, at a regular meeting of the govern- ing body of the City of Lubbock, Texas, there came on to be considered the matter of the execu- tion of a license between the said City of Lubbock, Texas, and THE ATCHISON, TOPEKA AND SANTA' FE RAILWAY COMPANY, relating to a 42" water line crossing in Section 5, Block A, at or near said City of Lubbock, Lubbock County, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that W. D. Rogers, Jr., Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. SEP 8 1966 r STATE OF TEXAS ) COUNTY OF LUBBOCK ) " I, Lavenia Lowe, City Secretary, -do hereby certify that the above and foregoing is a true an correct copy of a resolution passed by the City Commission of said City in regular session on September 8, 1966, as the same appears of record in Book 25, Page 342, Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this 8th day of September, 1.9 bb . (SEAL) rl/d LAVENIA LOWE, City Secretary-T asurer PIPE LIME LICENSE THIS LICENSE, Made this 17th day of August, 1966, between THE ATCHISON, TOPEKA AND SANTA FE, a Kansas corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOC. TEXAS, a municipal corporation (hereinafter, whether one or more, called "licensee"), party of th second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant an agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one (1) pipe line, 141.4 feet in length and 42 inches in diameter (herein- after, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Lubbock, Lubbock County, Texas, the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No. DEOS- 8245, dated August 10, 1966, marked "Exhibit.A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of One and No/100th. dollars. 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE'in such a manner and of such materia that it willnot at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where + the .Licensee is.permitted under paragraph 2 hereof to use the PIPE LINE for oils gas, petroleum pro_docts, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place and that upon the termination of this license in this or any other manner herein provided, License upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located,or the sale or abandonment by Licensor of said premise: Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance.- 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. 0. Box 2000, Lubbock, Texas 79408. Any notice to be given hereunder by Licensee to Licensor Qh=11 ho AoamoA rn 110 n•rnna"1%v earssaA 4f tlsa *am& lea rionnc$tarl in tin 77-4t-.A C*gins Mn41 nnnf-- 44 P 8 196E 66-25-344-912 (28) prepaid, addressed to Licensor's Division Superintendent at 330 North Railroad Avenue, Slaton, Texas 79364. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties 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 Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor) Approved as to Description: By, /s/ J. P. Spear Is . C. Smith Its Superintendent For Chief Engineer. C-- A CITY OF LUBBOCK, Bye Its Mayor __ Motion by Councilman Kastman, seconded by Councilman Granberry, motion car Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none vot following Resolution be passed. RESOLUTION r , Ma r Rogers and Nay, _hat the BE IT KNOWN that on this the 8th day of September, 1966, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and THE ATCHISON, TOPEKA AND SANTA FE Railway Company, relating to construction and maintenance of a water line about 40.5 ft. in length and 8 inches in diameter on right-of-way of the Santa Fe at Mile Post 78 plus 1394.9 feet, at or near said City of Shallowater., Lubbock County, Texas, whereupon the following pro- ceedings were had: It was moved, seconded and unanimously voted that W. D. Rogers, Jr., Mayor be authorized and empowered to execute .on behalf of the .City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be .recorded in the Minutes of the City Commission at the foot of this resolution. STATE OF TEXAS ) COUNTY OF LUBBOCK } I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on September 8, 1966, as the same appears of record in Book 25, Page 344, Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City .this 8th day of September, 1966. (SEAL) l//d LAVENIA LOWE, City Secret y-Treasurer PIPE LINE LICENSE THIS LICENSE, Made this 22nd day of August, 1966, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK., TEXAS, a municipal corporation, (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows.: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one (1) pipe line, 40.2 feet in length and eight (8) inches in dia- meter (hereinafter, whether one or.more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Shallowater, Lubbock County, Texas, the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No. DEOS-8244, dated August 9, 1966, marked "Exhibit A" and made a part hereof. 2. Licensee shal.l.use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of One and No/100ths Dollars ($1.00)., 4: Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such materi- al that it will not at any time be a source of danger to -or interference with the present or �4U SEP $ 1961 future tracks, roadbed and property of Licensor, or the safe operation of i•ts railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil. gas, Petro leum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained 'in conformity with the plans and speci- fications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obliga- tions under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation -of its railroad, and in such event Licensee agrees to pay within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to -perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned -thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting.in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the cove ants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in•writing to be served upon the other party, stating therein the date that such termination shall take plat and that upon the termination of this license in this or any other manner herein provided, Licen- see, upon demand of Licensor, shall abandon the use'of the PIPE LINE and remove the same and restor the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided. .9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is -located, or the sale or abandonment by Licensor of said premis Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at Lubbock, Texas.' Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's Superintendent at Slaton, Texas. 11. In the event that two or more parties execute this instrument as Licensee, all the coven ants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same exten and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequen- assignee, shall be binding upon Licensor without the written consent of Licensor in each instance IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year fi- above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, (Licensor) Approved as to Description: By-s/ R. M. Cham ion Is/ E. C. Smith „ Its Assistant to ral Manager For Chief Engineer. CITY' OF CLUB T iWP Its Mayor 66-25-345-913 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carry Mayo Rogers and (32) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting ay, to authorize the Mayor to execute between the City of Lubbock and the Fort Worth and Denver Railway Company an Electric Transmission Line License on the west side of Elm Avenue in the vicinity of 28th Street. Payment in the amount of $50 initial and only consideration hereby authorized. Payment to be charged to EWO 12387. ELECTRIC TRANSMISSION LINE LICENSE THIS AGREEMENT, Made this 15th day of August, 1966, between Fort Worth and Denver Railway Company, hereinafter called -the "COMPANY", party of'the first part, and Lubbock Power and Light Company hereinafter (whether one or more persons or corporations) called the 'LICENSEE", party of the second part. WITNESSETH: IN CONSIDERATION OF Fifty ($50.00) Dollars initial and only to be paid by the 3116 p 8 1966 Licensee to the Company immediately upon execution of this agreement and of the covenants, promises and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of, the same, the Company grants to the Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric transmission line consisting of poles or metal towers supporting 4 wires, 3 phase, 60 cycle, carrying 12,470 volts, across or along the right of way or station grounds of the Company at or near the station of Lubbock, Lubbock County,. -Texas, the location of said transmission line being more particularly described as follows: Said power line crosses over Railway's Tracks #17, #43,#3,44 #1, main track, Track #34 and 200' right of way in a northerly -southerly direction at Railway's M.P. L 359.23 and being shown upon Print No. SP 22-900/309-2 hereto attached and made a part hereof. For convenience., the said transmission line, with all towers, poles, wires and appurtenances thereto, in so far as they relate to said transmission line upon said right of way and station grounds, is hereinafter called the "Transmission Line." IN FURTHER CONSIDERATION of the foregoing, grant, the Licensee covenants and agrees with the Company as follows: 1st. The Transmission Line shall be constructed and at all times maintained in strict accordance with current specifications recommended.by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the specifications from time to time recommended by the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent public authority a different type of con- struction or a different degree of maintenance is required, in which case construction and maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall be so constructed, and at all times so maintained, that all wires there- of, carrying 300 volts or more, shall have a minimum vertical clearance of thirty (30) feet over the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and specifications notwithstanding. Further that no transformer shall be installed by the Licensee on said .Transmission Line within one hundred (100) feet of the nearest point of the right of way of the Company, except upon written consent of the duly authorized representative of the Company. That the space around the poles or towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and inflammable substance and material by.the Licensee. 2nd. It is expressly agreed and understood that when the Licensee undertakes to, at any time, construct or reconstruct, in any manner or way said transmission line over the property hereinbefore mentioned and described, that before so doing the Licensee will give written notice forty-eight (48) hours in advance of its intention to so do to the local Freight Agent of the Company nearest to the transmission line. 3rd. That during the construction and while repairing, renewing or changing the transmis- sion line, the Licensee shall conduct the work with care and diligence so that no damage shall occur to the property of the Company, and so that there will be no interference with the opera- tion of the railroad. Licensee will restore the premises of the Company to as good condition as they were before said work was done, all of which shall be at the sole cost and expense of the Licensee. If the Company shall, in a particular instance, determine that it is necessary for its own protection against the danger of damage arising during such work, it shall have the right, but shall not be required, to employ watchmen or other means for its protection; and if it shall do so, then the expense thereof small be paid by the Licensee. 4th. If the Railway Company, for itself or on behalf of its lessees or grantees, should at any time or from time to time find it necessary or desirable to make changes in any existing building, tract, structure, or overhead or underground installation, or place any additional building, track, structure, or overhead or underground installation or any premises where said wire line is located the Licensee agrees that it will promptly, at its own cost and expense and without cost or expense to the Railway Company or the Railway Company's lessees or grantees, upon receipt of written notice from the Railway Company so to do, relocate, change, or adjust said Wire Line as requested or required by the Railway Company. 5th. That the Licensee shall at all times indemnify and save harmless the Company (and any tenant company maintaining wires along the right of way of the Company) against loss of or damage to property, and against all claims, demands, actions or causes of action growing out of loss of or damage to property, or injury to or death of persons resulting in any manner from the construc- tion, maintenance, use, state of repair, or presence of the transmission line upon the Company's premises (except where such loss of or damage to property or such injury to or death of persons is directly caused by the sole negligence of the Companyl and shall promptly pay to the Company the full amount of any damages which the Company may sustain, incur or become liable for, and all sums which the Company may pay or be compelled to pay in settlement or satisfaction of any such claims, demands, actions or causes of action; but it is understood and agreed that the Company shall give to the Licensee prompt written notice of any such claim, demand or cause of action presented to it. It is further agreed that the Licensee shall have the right to defend, and it shall be its duty to defend, at its sole cost and expense all suits brought against the Company upon such claims, demands or causes of action resulting as aforesaid; and the Licensee may at its option, settle or compromise any and all such claims, demands or causes of action as it may deem best, taking all acquittances, discharges and releases therefor on behalf of the Company. The Company shall not be liable for any damage to the transmission line howsoever caused. 6th. Licensee accepts the provisions of this contract and will occupy the premises of the Company subject to and in recognition of all rights of other licensees occupying the railway premises by agreement of the Company prior to the date of this contract, and will neither do any act nor omit to do any act that will be in violation of the license agreement between the Comp- any and such other licensee. I El � H 7th. That if Licensee shall at any time intentionally fail or refuse to comply with or r.arry rmt anv of the rnvPnanta hPra#n rontainPd. and Rur_h faileire or refusal shall continue for '34' SEP g I }}M a period of sixty (60) days after written demand for such performance or compliance shall have been made upon the Licensee by the Company, which written demand shall specify the particulars in which there is such failure or refusal to comply, the Company may, at its election, without further notice, forthwith revoke this license, and in case of such election, or upon any termina- tion hereof, the Licensee shall, upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were prior to the construction of said tran mission line. In case the Licensee shall fail to make such removal or restoration within sixty (60) days the Company may proceed with such work, and the Licensee shall promptly repay to the Company the cost thereof. No waiver by the Company of any default or defaults or the right to terminate this license will be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver, the Company may terminat this license on any subsequent default or defaults which may occur; nor shall any termination hereof release the Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termi nation. 8th. That the Licensee shall at all times, at its own expense, maintain the most effective system and use the best known and most effective methods to protect the lines, wires and service of the Company and of any licensee of the Company whose permission to use the Company's premises antedates the permission herein granted the Licensee, from interference and physical hazard, and i if necessary in order to prevent such interference or hazard, the Licensee shall, at its own expense, transpose its circuits or make such changes in the construction or location of the trans mission line as may be specified by the Company. 9th. If the Licensee moves or disturbs any of the property of the Company, then said Licens agrees to restore:isaid property in as good condition as it was before said property was disturbed by the said Licensee; and it is further expressly agreed and understood in this connection that said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or interfering with the property of the Company, and agrees to pay the Company for any and all damages that the said Company may sustain or have to pa including court costs and attorney's fees, growing out of the moving or interfering with any pro- perty of the Company. Loth. Any notice to be given by the Company to the Licensee hereunder shall be deemed to be properly served if the same be delivered to an executive officer of the Licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee at Lubbock, Texas, P. 0. Box 2000. llth. In the event the Licensee herein embraces two or more persons or corporations, all the covenants and agreements. of the Licensee herein shall be the joint and -several covenants and agreements of such persons or corporations. 12th. This agreement shall take effect the date hereof and, unless terminated as above pro- vided,. shall continue in force for a period of one (1) year, and thereafter until terminated by either party giving to the other six (6) months' notice in writing, of an intention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and on such term nation, all rights and privileges of the Licensee shall absolutely cease, except the right of removal of its property from the -premises of the Company. No termination hereof shall affect the rights and liabilities, if any of the parties then or theretofore accrued under this agreement. 13th. This agreement shall bind and - inure to the benefit of the parties hereto, their succes sors.and assigns or heirs, executors and administrators; but the Licensee shall not assign, suble or lease the premises in question and this contract without the written consent of the Company. In case Licensee does assign, sublet or lease, or attempts to assign, sublet or lease the premise in question and this contract, or if there shall be an assignment by operation of law, without the written consent of the Company, it is expressly agreed and understood that in such event the Company has the option -and right to cancel this said license and contract immediately and to re- quire Licensee to vacate said premises. 14th. It is expressly agreed and understood and contract shall be held void or illegal, that manner or way, any other provision or provisions, this said license and contract. that if any article or provision of this license the same shall not be held to invalidate in any or article or articles, or parts thereof, of IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: Secretary. ATTEST: AA IJ30�00 As LAVENIA LOWE, City ecreta y-Treasurer Approved: /s/ A. M. Horn _ Supt. Communications & Signals /s/ E. A. Graham Ass't. Chief Engineer FORT WORTH AND DENVER RAILWAY COMPANY By Its Vice Pres LUBBOC P ByI � 7T Its vor r see. Superintendent J. W. Gerrill r Ass't. Vice President and Gen. Mgr. 66-25-347-914 NOTICE OF BUDGET HEARING (10) Notice is hereby given that on September 8, 1966, at 11:30 a.m. in the City Council Chamber on the second floor of the City Hall in Lubbock, Texas, there will be held by the Lubbock City Council a public hearing on the City of Lubbock Budget covering the fiscal year beginning October 1, 1966, and ending September 30, 1967. Said Budget having been filed with the City Secretary- TraaRnrPr fnr niihlfr inanart•inn nn Aiianfit• 91 1QAA Res nrAor of tic r4t, r^vi,..41 t1,4o ti,n 95ti, W EP 8 1%6 day of August, 1966. LAVENIA LOWE, City Se City of Lubbock easurer, In accordance with the above Notice of Budget Hearing, said hearing was "called" by Mayor W. D. Rogers, Jr.. City Manager William J. Pitstick presented a summary of the Budget for the fiscal year, October 1, 1966, through September 30, 1967. Mayor Rogers ask if anyone in the Council Chamber would like to come forward and discuss the Budget, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. Said Budget was filed in the office of the City Secretary -August 23, 1966. It was stated by the Mayor that the Budget would be officially approved by the City Council and an ordinance passed setting the City tax rate at the next regular meeting of the City Council, September 22, 1966. 66-25-348-915 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (22) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, heretofore the City of Lubbock passed Ordinance No. 4657, such Ordinance being recorded in Volume 1034, Page 347 of the Deed Records of Lubbock County, Texas, and such Ordi- nance assessed a lien upon property abutting certain streets described therein; and, WHEREAS, some of the subunits as listed in such Ordinance were not constructed and such improvements have created no liens against the property assessed by reason of the fact that such paving improvements have not been made and there is no immediate plan of making street improve- ments upon such subunits; and, WHEREAS, it is expedient to remove the cloud and apparent lien placed upon the title of the property abutting the streets to be improved which were included in the subunit hereinafter listed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a joint paving release with Kerr Construction Company of the following subunit at the location specified as set out in Ordinance No. 4657, which subunit being released is described as follows: Unit 2131-34 Avenue T from 5.00 feet south of the south property line of 41st Street (west leg) to 12.00 feet south of the north property line of 42nd Street (wrest leg). SECTION 2. THAT the City Secretary of .the City of Lubbock is authorized and directed to attest the Release -for the City of Lubbock. SECTION 3. THAT such release shall affect only property abutting on streets included in the subunit abovementioned as embodied in Ordinance No. 4657 of the City of Lubbock and such release shall release only the property specific Passed by the City Council this 8th day of ATTEST: l/!a► LAVEN LOWE, City Secret ry-Treasurer APPROVED: s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney 66-25-348-916 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers (23) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5089 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5089 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: Storm Sewer Capital Improvement Fund The sum $3,370.00 For the following purpose: To construct four 10 foot storm sewer inlets, 55 linear feet of 36 inch reinforced concrete pipe storm sewer and 55 linear feet of 24 inch reinforced concrete pipe storm sewer leads in the intersection of Quirt Avenue and 44th Street. Li 66-25-348-917 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (25) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance 34! SEP g 196 ri r No. 5090 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5090 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai 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: Water Capita Project Fund The sum $141,065.40 For the following purpose: Pumps and pump station alterations as follows: Two high service pumps for #3 station Two high service pumps for #7 station - Bid of Worthington Corp. $ 96,348.00 City costs (valves, piping, electrical tie- in, labor costs) at P. S. #7 38,000.00 Engineering costs 6,717.40 TOTAL $141,065.40 66-25-349-918 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore determined and now finds tha due to increased vehicular traffic on College Avenue in the City of Lubbock, it is necessary to r open, extend, straighten and widen said College Avenue; and, WHEREAS, to accomplish this purpose, it is necessary to acquire for street right of way purposes the fee simple title of the land hereafter described; and, WHEREAS, Wilda H. Fisher and husband, Hugh C. Fisher, and State Savings and Loan Association of Lubbock own said land, and the value and total damages to the owner for the fee simple title t said land have been appraised in the amount of $15,500.00 and the Council finds said amount to Oe fair and equitable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the fee simple title to the following described land situated in the City of Lubbock, Lubbock County, Texas, be acquired by the City of Lubbock for the purpose of opening, extending, straightening and widening the public street known and designated College Avenue which land is more particularly described as follows: Lot 1, Block 20, Ellwood Place, an Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners of said land be offered, through the Right of Way Department, the amount appraised as the value and total damages for the fee simple title and acquisition of said land fo the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceed ings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described for street purposes. Approved and passed by unanimous vote of the ATTEST: IAVENIA IAWE, City cretar -Treasurer 66-25-349-919 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (30a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the follo ing Resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore determined and now finds that due to increased vehicular traffic on College Avenue in.the City of Lubbock, it is necessary to open, extend, straighten and widen said College Avenue; and, WHEREAS, to accomplish this purpose, it is necessary to acquire for street right of way purposes the fee simple title of the land hereafter described; and, WHEREAS, Wilda Harris Fisher and husband, Hugh C. Fisher, and the Lubbock National Bank own said land, and the value and total damages to the owner for the fee simple title to said land have been appraised in the amount of $4,320.00 and the Council finds said amount to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the fee simple title to the following described land situated in the Citv of Lubbock. 'IVY 1 CEP 8 1966 Lubbock County, Texas, be acquired by the City of Lubbock for the purpose of opening, extending, straightening and widening the public street known and designated College Avenue which land is more particularly described as follows: Lot 22, Block 20, Ellwood Place, an Addition to the City of Lubbock, Lubbock County, Texas. THAT the owners of said land be offered, through the Right of Way Department, the amount appraised as the value and total damages for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemna- tion proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described for street purposea Approved and passed by unanimous vote of the Cou ATTEST: i /l LAVEN LOWE, City Secre ry-Treasurer 66-25-350-920 Mr. A. J. Stark appeared before the City Council and presented a petition reading as follows and (39) containing approximately 110 names. PETITION To Whom It May Concern: We, the undersigned, present this petition to you, the City Council, the Mayor, the Safety Council, the City Commissioners and the City Engineers. Whereas a safety hazard, as well as a problem of great inconvenience, now exists in the area located north of town between U. S. Highway 87 and west to the railway tracks, and whereas a solution to correct this problem is so easily accessible, we submit this petition. For those of us who live north of Loop 289, an intense inconvenience has been caused, due to the fact that there are no exits off of, or entrances onto, the Loop. We must go a mile out of the way, to Highway 87, to enter or leave the Loop. This condition could become critical to lives, particularly in cases in which fire trucks, ambulances or police need to enter this area quickly. If a child were hurt at Neil Wright School, an ambulance would have to circle the entire area to reach the school locale, since no exit is obtainable from Loop 289. This same condition would be true if a fire -fighting force were trying to get in the area to save a burning home, or if a police unit were attempting to help someone in danger. There are two solutions to this problem. The preferable one, making the oneway service roads into two-way streets, thus avoiding the mile -long detour; the second, making an extension of the access road across the railroad tracks where they now dead-end. Those of us who have signed our names to this document are supported by other neighbors and friends who are away on vacation. We beseech your serious consideration to this problem. The City Council discussed the request as set out in the above petition and instructed Mr. R. W. Burr, Director of Planning and Traffic, to meet with officials of the Texas State Highway Depart- ment in an effort to work out some traffic plan to make residents in this part of the City accessible to Loop 289. Mr. Burr to also keep Mr. Stark advised of progress in this regard. 66-25-350-921 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (40) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock adopted a Position Classification and Compensation Plan on October 1, 1964, as submitted by the professional consulting firm of Griffenhagen-Kroeger, Inc., and WHEREAS, the City Council, in adopting the Pay Plan in October, 1964 instructed the City Manager to continuously review and recommend changes of the Plan with regard to supply and demand of various classifications, cost of living increases, and changes in job functions and titles, and WHEREAS, the City Council has heretofore instructed the City Manager and staff to study, review, and recommend a revised Compensation Plan to be presented in the 1966-67 Annual Budget for the City of Lubbock, Texas, and WHEREAS, such plan has been developed and submitted, inspected, and substantially approved by the City Council; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the Compensation Plan as submitted is hereby approved and adopted. SECTION 2. That the Compensation Plan mentioned in Section 1 in this Resolution is hereby adopted effective October 1, 1966, and it is the intention that said plan be made effective concurrent with and applicable to the 1966-67 Annual Budget of the City of Lubbock. SECTION 3. It is further provided that certain inequities may exist in said plan and the i 66-25-350-921 'I I ij it I-, I PAY PLAN CITY OF LUBBOCK LUBBOCIK, TEXAS L L L C U T A B L E 11 ADMINISTRATIVE AND PROFESSIONAL CLASSIFICATIONS Utility Bill Collector Senior Data Processing Operator Home Appliance Advisor Storekeener w 256 20 322 392 4 ,f 254 20 322 392 4 " 250 20 322 392 4 " 253 20 322 392 4 " 38 3509 SEP 8 1966 Item No. 43 Parcel 23-B RW 783-1-1 Loop 289 Lubbock County ., 5.682 acres of land, same being out of and a part of the South one-half of the Northwest one - quarter of -Section 12, Block E-2, Lubbock, Texas, which South one�half of Northwest one -quarter was conveyed to E. Hayes Sieber by deed dated January 1, 1946, of record in Volume 318, Page 484 Deed Records'of Lubbock County, Texas, which 5.682 acres is more particularly described by metes and bounds as follows: BEGINNING at a point in the South right of way line of Loop 289, said point being opposite Engineers Station 326+95.4, said point being also 1958 feet South and 1800 feet East of the Northwest corner of said Section 12; THENCE N 890 57' E, 500.0 feet along said South right of way line of Loop 289 to a point; THENCE S 00 03' E, 495.0 feet to a point; THENCE S 890 57' W, 500.0 feet along a line parallel to and 495.0 feet Southerly from the said South right of way line to a point; THENCE N 00 03' W, 495.0 feet to the place of beginning. I hereby certify the above field notes describe highway right of way needed for the construction, and maintenance of Loop 289, Lubbock County, from U. S. Highway 87, South of Lubbock to Spur 327,: Southwest of Lubbock. /s/ 0. L. Crain 0. L. Crain, District Engineer District Five, Lubbock, Texas. SEP a 1$6 r the City Manager is instructed to make modifications as necessary to said plan to insure continue review and equitability of said plan, and whenever modifications are in order the City Manager is authorized to make such changes in application of either of such plans to individuals or by departments or parts thereof in writing, as may be deemed expedient under the circumstances. SECTION 4. Attached to this Resolution is a copy of the proposed Compensation Plan and this volume shall be kept by the City Secretary for permanent reference. Passed by the City Council this 8th day of Sep ATTEST• LAVENIA ?AWE, City Secret ry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 66-25-351-922 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (41) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to approve the 1966 Tax Rolls as set out below: The following are amounts of 1966 City Tax Rolls for approval by the City Council: 1966 Tax Rolls - Assessed Value $543,436,420.00 Total Tax 6,412,376.57 The following delinquent 1965 Tax Rolls for approval: 1965 Supplemental Tax Rolls $ 10,064.21 1965 Error Tax Rolls 16,970.87 1965 Delinquent Real Tax Rolls 228,220.74 1965 Delinquent Personal Tax Rolls 150,003.10 (The above 1966 Tax Rolls do not include 16 pieces of property which the Courts have placed ii under temporary injunction in amount of $934,930 Assessed Value.) This being Cause No. 51580 on Docket of 140th Judicial District Court in Cause entitled J. 66-25-351-923 D. McPhaul et al Motion by Councilman vs City of Lubbock et Kastman, seconded by al. Councilman Granberry, motion carried, Mayor Rogers and :i (42) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize enclosures of City bus schedules with one cycle City of Lubbock utility bills. 66-25-351-924 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (43) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize payment in the amount of $8,523 plus $100 for court cost, witness fees, and filing fees in Judgme No. 11993, County Court of Law. This suit in connection with acquisition of Parcel 23-B, Loop 28 from E. Hayes Sieber and Citizens National Bank. (See Field Notes on Page 350B) 66-25-351-925 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (43a) Councilmen Granberry „ Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5091 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5091 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $8,623.00 For the following purpose: Acquisition of Parcel 23-B, Loop 289, from E. Hayes Sieber and the Citizens National Bank by Judgment in No. 11,993, County Court at Law No. 1 of Lubbock County, Texas. Judgment is in the amount of $14,205 00. Of this amount $5,682.00 was previously deposited in the Trust Fund of the Court after the Special Commissioners Hearing leaving a balance due of $8,523.00 plus $100.00 for Court Costs, Witness Fees, Filing Fees, etc. GWO 10058. 66-25-351-926 CITY OF AMARILLO, TEXAS (44) September 6, 1966 Honorable W. D. Rogers, Jr. Mayor of Lubbock City Hall Lubbock, Texas Dear Mayor Rogers: Your support for the request of the Texas Park and Wildlife Department to acquire water this year for the development of the Palo Duro State Park will be appreciated. This would be a step in the rieht direction of helvine to build a areater Panhandle in the State of Texas. sE s W6 A copy of a letter written by Amarillo's City Manager to your City Manager, Mr. Wm. J. Pitstick, in regard to the facts of this request, is enclosed for your information. Sincerely yours, /s/ F. V. Wallace F. V. Wallace Mayor CITY OF AMARILLO, TEXAS September 6, 1966 OFFICE OF CITY MANAGER Mr. Wm. J. Pitstick City Manager 916 Texas Avenue Lubbock, Texas Dear Bill: As you know, the Park and Wildlife Department for the State of Texas desires to obtain water for the future development of Palo Duro State Park. The maximum annual usage will be twenty million gallons and'the maximum daily usage will be one hundred and ten thousand gallons, which is a very small quantity of water yet very important to the Panhandle of Texas. The City of Amarillo has agreed to sell this water out of our pro rata share of the Canadian River Municipal water and we are willing to pay any costs of pipe capacity between Amarillo and the Palo Duro Park, which will result in no cost to any other member city. The State of Texas has approximately one-half million dollars which is available if water can be obtained. I will appreciate it sincerely if you will discuss this with your City Commission and then con- tact Mr. J. Ray Dickey and Mr. Irving L. Jones, Directors of the Canadian River Municipal Water Authority in Lubbock, prior to the CRMWA meeting scheduled for September 12, 1966. Very truly yours, /s/ John S. Stiff John S. Stiff City Manager After discussion of the above request, motion was made by Councilman Medlock, seconded by Council- man Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to grant the request as set out in the above letter provid- ed water sold to Palo Duro State Park by the City of Amarillo does not in any way interfer with the City of Lubbock securing a sufficient amount of water from the Canadian River Municipal Water Authority to meet its needs. 66-25-352-927 The City Council considered channelization plans for West 19th Street from Orlando Avenue to (14 & 15) Quaker Avenue, on Quaker Avenue from 18th to 19th Streets and it was unanimously agreed by the City Council to hold a hearing in this regard at the next regular meeting of the City Council September 22, 1966. Notices to be mailed to residents abutting these streets to notify them of the public hearing. 66-25-352-928 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordi- nance No. 5092 be passed on first reading. ORDINANCE NO. 5092 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PROPERTY IN BLOCK 25, F. R. FRIENDS ADDI- TION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM MEETING, SEPTEMBER 8, 1966. C1 , ATTEST: LAVENIA LOWE, City ecretary-Treasurer READ AND APPROVED THIS THE 22nd DAY OF September ATTES LA ENIA LOWS, Cft4y Secretary -Treasurer