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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/22/1966-tkol F NOV 2 21966 66-25-460-1165 (1) 66-25-460-1166 (2 ) November 22, 1966 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 mall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Jack Kastman, Ray J. Diekemper, Jr., and W. E. Medlock, City Attorney Fred 0. Senter, Jr., Acting City Manager Dan S. Petty and City Secretary -Treasurer Lavenia Lowe. Absent: None Invocation was given by R. W. Burr, Director of Planning and Traffic. Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held November 10, 1966. 66-25-460-1167 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (3) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5126 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5126 WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic The sum $3,877.16 Light Bond Fund For the following purpose: 1. Installation of a traffic signal at 50th Street and Memphis Avenue $2,045.87 2. Installation of a traffic signal at 34th Street and Memphis Avenue 1,831.29 66-25-460-1168 Notion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (4) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance No. 5129 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5129 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 The sum $2,395.00 improvement Fund For the following purpose: a. Installation of a concrete median on Memphis Avenue north of 50th Street for 90 feet $ 155.00 b. Two openings in the existing medians between the service road and 50th Street; one on each side of Memphis 1,600.00 c. Extension of the median that is now existing between the service road and 50th Street at Memphis Avenue 640.00 66-25-460-1169 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (5) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5131 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5131 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The Sum $14,120.00 IVOV 2 ' ' For the following purpose:, To acquire Parcel 15, College Avenue, from Evelyn K, Eicke, et al, Property is Lot 1, Block 1, Del Mar Annex Addition to the City of Lubbock, Lubbock County, Texas, and is located at 2501 26th Street. GWO 10495. 66-25-461-1170 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (6) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that Ordinance No. 5132 be passed on.second and final reading. AN APPROPRIATION ORDINANCE Ordinance No. 51M WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $12,000.00 For the following purpose: To acquire.Parcel 26, Indiana Avenue, from Mr. and Mrs. Vas Moutos, et al. This is Lot 1, Block 2, Woodlawn Addition to the City of Lubbock, Lubbock County, Texas and is located at 3401 27th Street. GWO 10519. 66-25-461-1171 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (7). Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5120 be passed on second and final reading, subject to the conditions imposed as set out in said ordinance. ORDINANCE NO. 5120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL NAP OF THE CITY OF LUBBOCK SO AS'TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1430-A: CHANGE EIGHT TRACTS OF LAND OUT OF SECTION 9, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM "R-1" AND "C-2" TO "R-31r' "A-311, "C-311, "C-4t13. -AND "C-4" LIMITED TO "C-2 " USES PLUS NEW CAR.DEALRRSHIP ZONING DISTRICT; SUBJECT TO CONDITIONS, IF ANY, LISTED UNDER EACH TRACT. 66-25-461-1172 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (8) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5128 be passed on second and final reading. This passage on second reading, subject to amendments as set out in the ordinance. ORDINANCE NO. 5128 AN ORDINANCE AMENDING SUBSECTION 17.4A OF ZONING ORDINANCE 1695 SO AS TO CHANGE THE RESTRIC- TIONS ON -SIGNS ALLOWED IN "C-2A" RESTRICTED LOCAL RETAIN ZONING DISTRICTS AS MORE PARTICULARLY SET OUT IN THE BODY OF THIS ORDINANCE, PROVIDING A PENALTY AND AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSES HEREOF. 66-25-461-1173 Motion by Councilman Granberry, seconded by Councilman Kastman,-motion carried, Mayor Rogers and (9) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5127 be passed on second and final reading. ORDINANCE NO. 5127 AN ORDINANCE AUTHORIZING AND DIRECTING THE DESIGN AND CONSTRUCTION OF A CONCRETE MEDIAN ON MEMPHIS AVENUE BEGINNING AT THE NORTH SIDE OF 50TH STREET AND EXTENDING NORTH FOR 90 FEET; DEFIN- ING THE TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURE OR IMPROVEMENTS AS NECESSARY; PROVIDING A PENALTY FOR ANY PERSON WHO DRIVES A MOTOR VEHICLE ON OR OVER SUCH MEDIAN; AND DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY PROVISION AS PROVIDED BY LAW AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. 66-25-461-1174, NOTICE OF CITY COUNCIL HEARING (10) 1 NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 22nd day of November, 1966, 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 district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be'heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: ZONE CASE NO. 1092-A - Request of Mrs. Stella Baker to change a tract of land out of Section 6,' Block E-2, Lubbock County, Texas, from an. "R-3" to a "C-4" Zoning District. Property is further described by.metes and bounds to wit: BEGLNNING.at a point which lies 812' north and 1006.2' east of the southwest corner, Section 6, Block E-2, Lubbock County, Texas; THENCE West a distance of 133.5' to a point; THENCE North a distance of 1751-to a point; THENCE Fast a distance of 133.5' to a point west in the right-of-way line of Englewood Avenue; 469 N 2 21966 THENCE South along the west right-of-way line of Englewood Avenue a distance of 175' to the PLACE OF BEGINNING. (West side of Englewood Avenue beginning at a point even with center of 47th Street and extending south 175' and west 133') The Planning and Zoning Commission recommended to the City Council that this request be granted subject to conditions that the property be deveIRRed,with a Roller Skating Rink only in accor- dance with t_he_plan -presented at -the hearing. Said plan being on file in the office of the Sec- retary of the Planning and Zoning Commission. ZONE CASE NO. 1446-A - Request of the Planning and Zoning Commission to change Lots 15-23, Block 2; 6-23, Block 3; 6-14, Block 4; 1-2 and north 1/2 of 3 & 6-14, Block 5; 1-23, Block 6, south 1/2 of 3, 4-5 & 15-23, Block 7, all in Flynn Place Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-4" Zoning District. (Property bounded on the north by the alley north of 32nd Street, on the south by the alley north of 34th Street, and on the west by Avenue L and extending east from Avenue L to the alley west of Avenue H) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1446 - Request of Warlick Carr (for Paul V. Bush) to change Lots 7 thru 14, Block 5, Flynn Place Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to a "C-4" Zoning District. (South side of 33rd Street extending approximately 400' east from Avenue L) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1449 - Request of Vernon Poerner (for Western Little league) for a Specific Use Permit Zone Change, under provisions of Section 14A.1-14-1 of the Zoning Ordinance, for public and -private recreation facilities on a tract of land out of Section 28, Block E-2, Lubbock County, Texas. Property is further described by metes and bounds to wit: BEGINNING at a point in the east line of Section 28, Block E-2, 2640' south of the northeast corner of said Section 28; THENCE North along the center line of Slide Road a distance'of 660'; THENCE West, parallel to the north -line of Section-28, a distance of 1060'; THENCE South, parallel to the east line of Section 28, a distance of 660'; THENCE East -along the half section line a distance of 1060' to the PLACE OF BEGINNING. (West side of Slide Road beginning at a point even with the center of 56th Street and extending south 660' and west 1060') The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1281-A - Request of Forrest Baker (for 0. G. Andrews) to change a tract of land out of Section 6, Block E-2, Lubbock County, Texas, from an "R-3" to a "C-2 " Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point 902.54' south and 70' west of the northeast corner of Section 6,-Block E-2, Lubbock County, Texas, for the northeast and beginning corner of this tract; THENCE South 650 04' west 220.56' to a point; THENCE South 22.02' to a point; THENCE East 200.011 to a point; THENCE North along the west right-of-way of Slide Road 115t to the PLACE OF BEGINNING; containing 0.3146 acre of land. (West side of Slide Road about in line with 37th Street) The Planning and Zoning Commission recommended to the City CounciV11hat this r est be granted. LAVENIA LOWE, City Secret ry-Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1092-A - Request of Mrs: Stella Baker to change property located on the west side of Englewood Avenue beginning at a point even with the center of 47th Street and extending south 175' and west 133' from "R-3" to "C-4" zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the condition that the property be developed with a Roller Skating Rink only in accordance with the plan.on file in the office of the Secretary of the Planning and Zoning Commission. Mr. Bill Cox, architect, appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but nci one came forward; 4hereupon, Mayor Rogers announced that the hearing was closed. After consid- eration of all facts presented, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold' the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5133 on first reading, subject to change in plans on file in the office of the Secretary of the Planning and Zoning Commission. 462, I 4628 CORRECTION OF MINUTES COVERED BY ITEM 14, ORDINANCE NO. 5137, CITY COUNCIL MINUTES OF NOVEMBER 22, 1966. In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1281-A - Request of Forrest Baker (for 0. G. Andrews) to change property located on the west side of Slide Road about in line with 37th Street from "R-3" to "C-2" zoning district. The Planning and Zoning Commission recommended that this request be granted. Mr. Jeff Wheeler appeared before the City Council in support of this zone change request in behalf of Mr. Forrest Baker and 0. G. Andrews. Mayor Rogers called for opponents to appear before the City Council, but no one carte forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, 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 table this item and request the Planning and Zoning Commission to initiate a similar application and recommendation on property covered by Zone Case No. 1281-A and to include in said application all property owned by Mr. 0. G. Andrews at this location fronting Slide Road. 46 N0V Z 2 ORDINANCE NO. 5133 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MARE THE FOLLOWING CHANGE: ZONE CASE NO. 1092-A: CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDI- TION. 66-25-463-1175 In accordantb.with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1446-A - (11) Request of the Planning and Zoning Commission to change property bounded on the north by the alley north of 32nd Street, on the south by the alley north of 34th Street, and on the west by Avenue L and extending east from Avenue L to the alley west of Avenue H from "R-2 " to "C-4 " zonin district. The Planning and Zoning Commission recommended that this request be granted. Mr. R. W Burr, Director of Planning and Traffic, presented the request of the Planning and Zoning Commis- sion. Mayor Rogers called for proponents and opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the -hearing was closed. After considera- tion of all facts presented, motion was made by Councilman Kastman, seconded by Councilman Gran- berry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the,recommaendation of the Planning and Zoning Commission and pass Ordinance No. 5134 on first reading. ORDINANCE NO. 5134 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1446-A: CHANGE LOTS 15-23, BLOCK 2; LOTS 6-23 BLACK 3; LOTS 6-14, BLACK 4; LOTS 1�2AND NORTH 1/2 OF LOT 3 AND LOTS 6-14, BLOCK 5; LOTS 1-23, BLOCK 611 SOUTH 1/2 OF LOT 3, LOTS 4-5 AND LOTS 15-23, BLACK 7, ALL IN FLYNN PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO A "C-4 ZONING DISTRICT. 66-25-463-1176 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1446 - (12) Request of Warlick Carr (for Paul V. Bush) to change property located on the south side of 33rd Street extending approximately 400' east from Avenue L from "R-2" to C-4" zoning district. The Planning and Zoning Commission recommended that this request be granted. Mr. Warlick Carr, Attorney, appeared before the City Council in support of this zone change in behalf of Paul V. Bush. Mayor Rogers called for opponents to appear before the City Council, but no one came for- ward; whereupon Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, 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 uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5135 on first reading. ORDINANCE NO. 5135 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP -OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1446: CHANGE LOTS 7 THROUGH 14, BLOCK 5, FLYNN PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO A "C-4" ZONING DISTRICT. u 66-25-463-1177 In accordance with the above Notice of Zoning Hearings hearing was held on Zone Case No. 1449 - (13) Request of Vernon Poerner (for Western Little League) to change property located on the west side of Slide Road beginning at a point even with the center of 56th Street and extending south 660' and west 1060' frm "R-l" zoning district to a Specific Use Permit Zone Change for public and private recreation facilities. .The Planning and Zoning Commission recommended that this request be granted. Mr. Vernon Turner and Willis Terre-1 appeared before the City -Council in support of this zone change request in behalf of Vernon Poerner and Western Little League. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5136 on first reading. ORDINANCE NO. 5136 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1449 TO PROVIDE FOR PUBLIC AND PRIVATE RECREATION FACILITIES; AND PROVIDING FOR PUBLICATION. 66-25-463-1178 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1281-A - (14) Request of Forrest Baker (for 0. G. Andrews to change property located on the west side of Slide Road about in line with 37th Street from "R-3 " to"C-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mr. Jeff Wheeler appeared before the City Council in support.of.this zone change request in behalf of Mr. Forrest Baker and 0. G. Andrews. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was -made by Councilman Kastman, seconded by Councilman Diekemper, motion car- ried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5137 on first reading. ORDINANCE NO. 5137 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF THE CITN OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1281-A: CHANGE A TRACT OF LAND OUI OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2" ZONING DISTRICT. 66-25-463-1179 Mr. George Miller, President of the Citizens Traffic Council, appeared before the City Council (19) requesting passage of a motorcycle ordinance. Billy Ellison and Thomas Smith appeared before the City Council in opposition that crush helmets and protective eye shields be worn by motor- cycle riders. After consideration of all facts presented, motion was made by Councilman Die- kemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman. Diekemper. and Medlock votine Yea, none voting Nav, that this item be tabled. The City 161 V 2 21966 Attorney and Mr. Van McVay, Executive Secretary of the Lubbock Citizens Traffic Council were requested to study the proposed ordinance and make recommendations as to its passage. 66-25-464-1180 The City Council -November 14, 1966 (21) City of Lubbock City hall Lubbock, Texas Re: Zone Case No. 1440 - Withdrawal of Application of H & H INVESTMENTS and BOIS d'ARC, INC. for change of Zone Gentlemen: The above request for change of zoning has been tabled. It is now the desire of the applicants for the change of zoning that this application be withdrawn and cancelled. Therefore, in behalf of H & H INVESTMENTS and BOSS D'ARC, INC., the above application for change of zone is hereby withdrawn as of this date. Yours very truly, H & H INVESTMENTS and BOIS d'ARC, INC. By: /sl Ralph Brock Ralph Brock, Attorney Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to approve the request of Mr. Ralph Brock as set out in the above letter to withdraw from consideration of the City Council Zone Case No. 1440. 66-25-464-1181 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (22) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to table this item for further consideration, being request of property owners to eliminate one-way/tban ion on 3rd Place between Avenue X and College Avenue. 66-25-464-1182 (23) 66-25-464-1183 (24) Mr. Joseph Morahan Right of Way Agent Box 2000 City of Lubbock Lubbock, Texas Dear Mr. Morahan: November 15, 1966 We are in receipt of your letter of November 14 and the Street Use License as applicable to the First National Bank - Pioneer Natural Gas Co. project. I would appreciate your consideration in reference to Paragraph I of -the Street Use License which stipulates two lanes of traffic on Broadway at all times. The installation of the tunnel across Broadway will necessitate that only one lane of traffic be available so as to insure proper safety precautions at the work area. During the construction of the Parking Garage located on the south side of Broadway, it will be necessary to close one lane of traffic periodically so as to unload the precast concrete members so as to avoid possible danger to traffic. Your consideration to these conditions in reference to the Street Use License will be greatly appreciated. Very truly yours, MANHATTAN CONSTRUCTION COMPANY OF TEXAS /sl Ronnie Bouchier Ronnie Bouchier 1103 Great Plains Building Lubbock, Texas 79401 The City Council considered the request as set out in the above letter that Broadway between Avenues N and 0 be closed to traffic at certain times during the construction of First National Bank and Pinaga buildings. After consideration of all facts presented, motion was made by Council- man Kastman,.seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Gran- berry, Kastman,.and Medlock voting Yea, none voting Nay, that the closing of this street, at times necessary, be handled administratively by Mr. R. W. Burr, Director of Planning and Traffic. Councilman Diekemper abstained from voting on this motion. Motion by Councilman Granberry, seconded by Councilman Kastman,. motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING EKPROVEMENT5 ON PORTIONS OF ALLEYS 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 T. J. Hodges, Inc. (G.W.O. 2906) for the making and construction of alley improvements on portions of numerous alleys in said City including among others the following: El Lill The East-West alley between 33rd Street and 34th Street from its intersection with the East Property Line of Memphis Avenue to its intersection with the West Property Line of Louisville Avenue known and designated as Sub -Unit Number 20 of Unit Number A-384. Ik NOV 2 2 r r r The East-West alley between 33rd- Street and 34th Street from its intersection with the East Pro- perty Line of Quaker Avenue to its intersection with the West Property Line of Peoria Avenue known and designated as Sub -Unit Number 21 of Unit Number A-384. The East-West alley between 33rd Street and 34th Street from its intersection with the East Pro- perty Line of Salisbury Avenue to its intersection with the West Property Line of Salem Avenue known and designated as Sub -Unit Number 23 of Unit Number A-384. The East-West alley between 20th Street and 21st Street from its intersection with the East Pro- perty Line of. Miami Avenue to its intersection with a line 14 feet. East of the West Property Line of Memphis Avenue known and designated as Sub -Unit Number 25 of Unit Number A-384. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract (GWO 2906). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. -That the improvements on said portions of the abovementioned alleys be and the same are here- by accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where -such assessments were levied. This resolution shall take effect and be in force from and of PASSED AND.APPROVED THIS 22ND DAY OF NOVEMBER 1966. ATTEST: LAVENIA LOWE, City ecreta y-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: November 22, 1966 I -have examined the paving improvements constructed by T. J. Hodges, Inc., paving contractor, under their contract dated February 10, 1966,-designated as G.W.O. 2906 and find the improvements on the East-West alleys between 33rd Street and 34th Street from Louisville Avenue to Memphis Avenue, from Peoria Avenue to Quaker Avenue and from Salem Avenue to Salisbury Avenue and between 20th Street and 21st Street from Memphis Avenue to Miami Avenue as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said alleys, 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 certificates against property.owners for the respective amounts shows on the attached final assessment sheets as being due against them and their respective properties, Yours very truly, /s/ Samule W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2906 Accepted November 22,_1966 QUANTITIES S.Y. Unit & L.F. Alley Sub -Unit Location C & G Paving _ A-384-20 The E-W alley between 33rd St. & 34th St. from 677.78 the EPL of Memphis Ave. to the WPL of Louis- ville Ave. A-384-21 The E-W alley between 33rd $t. &.34th St. from 682.24 the EPL of Quaker Ave. to the WPL of Peoria Ave. A-384-23 The E-W alley between 33rd St. & 34th St. from 535.55 the EPL of Salisbury Ave. to the WPL of Salem - Ave. � I % i) V 2z19ss A-384-25 The E-W alley between 20th St. & 21st St. from the EPL of Miami Ave. to 14' E. of the WPL of Memphis Ave. COST ESTIMATE 9.30 L.F.-Curb & Gutter 2225.81 S.Y. Alley Paving CONTRACT COST 9.30 330.24 TOTALS 9.30 @ $1.75 $ 16.28 @ $5.85 _13,020.98 $ 13,037.26 COST DISTRIBUTION Property City to Unit & Contract Owner' Contractor Sub -Unit Cost Cost NOW 2,225.81 A-384-20 $ 3,965.01 1,968.50 1,996.51 A-384-21 3,991.10 1,968.47 2,022.63 A-384-23 3,132.97 1,555.26 1,577.71. A-384-25 1,948.18 13133.75 814.43 TOTALS $ 13,037.26 $ 6,625.98 $ 6,411.28 66-25-466-1184 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, Diekemper; and Medlock voting Yea, none voting Nay, to authorize construction of water lines ahead of paving on North College Avenue from Water Capital Project Fund in the amount of $2,839.58. This is from Erskine Street to Loop 289. 66-25-466-1185 (26a) 66-25-466-1186 (27 ) Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5138 be passed on first reading. AN APPROPRIATION ORDINANCE - ORDINANCE NO. 5138 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: Water Capital Project Fund The sum $2,839.58 For the following purpose: Construction of water lines ahead of paving in College Avenue from Erskine Street to Loop 289 (North) Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, it is contemplated that the City of Lubbock will construct certain sewage transmis- sion and treatment facilities with an estimated total cost of $85,000.00; and WHEREAS, it is found that the City of Lubbock is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK, that W. D. Rogers, Jr., Mayor of the City of Lubbock be and is hereby authorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Lubbock, for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City bi Lubbock hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. Adopted this the 22nd day of November, 1966. (SEAT.) ATTEST: LAVENIA LOWE, City ecreta y-Treasurer W. D. ROGERS-y f F APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL. Citv Engineer 467 NOV 2 21966 66-25-467-1187 (28) 11 66-25-467-1188 (30) r APPROVED: /s1_ Fred 0. Senter, Jr. FRED 0: SENTER, JR., City Attorney Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5139 be passed on first reading. ORDINANCE NO. 5139 AN ORDINANCE ABANDONING AND CLOSING PART OF THE NORTH -SOUTH ALLEY BETWEEN LOT 4, TANGLEWOOD ADDITION TO THE CITY OF LUBBOCK AND LOT 25-A OF THE RE -PLAT OF BOBALET HEIGHTS, A SUBDIVISION, LUBBOCK COUNTY, TEXAS, AS -MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PROPERTY. Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and 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 22nd day of November, 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 Power Line crossing at Brownfield Highway, west of Slide Road at or near said City of Lubbock, 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. STATE OF TEXAS I. COUNTY OF LUBBOCK I 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 November, 22, 1966, as the same appears of record in Book 25, Page 467, Minutes of said City Commission. IN TESTIMONY WHEREOF, witness•my hand and the Seal of Said City this 22nd day of November, 1966. (SEAL) LAVENIA LOWE, City Secretary -Treasurer LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY THIS LICENSE; made as of the 8th day of November, 1966, between THE.ATCHISON, TOPEKA AND SANTA-FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Santa Fe") and CITY OF LUBBOCK, TEXAS, a municipal corporation (hereinafter whether one party or more called "Licensee") WITNESSETH, that the parties hereto for the considerations hereinafter expressed covenant an, agree as follows: 1. In consideration of the sum of One and No/100ths Dollars ($1.00) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agree- ments of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of four conductors across or along the premises of Santa Fe at or near the station of Lubbock, Lubbock County, Texas, the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line being more particularly shown upon the print hereto attached, No. DEOS-8295 dated November 1, 1966, marked "Exhibit:,A",-and,made'a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Suppl; Line." 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the -Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Associa- tion of American Railroads, or any successor agency, except where by statute or order of competen public authority a different type of construction or a different degree of maintenance is requir- ed or permitted, in which case such construction or 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 Electric Supply Line shall be subject to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material and if removal of such combustible material shall not be attended to within fifteen (15) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred. 4. Durina construction and while repairing, renewing or changing the Electric Supply Line, W82 21966 Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, re- pairs or renewals, Licensee shall at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the -entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa Fe may be required during the construction, maintenance, repair, renewal or changing of the Electric Supply Line. 5. If at any time during the term hereof Santa Fe shall desire to make any use of its pro- perty with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use of its property. 6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating over its tracks against, and shall pay in full, all loss, damage or expense that they or any of them, may sustain, incur or become liable for, resulting in any manner from the construc- tion, maintenance, use, state of repair, or.presence of -the Electric Supply Line upon said premises, 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. 8. Since this license is made in part for the benefit of other companies over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly or sever- ally, as their interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negli- gence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants herein contained, and such failure or refusal shall continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this licnese, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to -terminate the some for any subsequent default or defaults, but notwithstand- ing such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may occur; nor shall any termination hereof 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 of termination or such later date when the Electric Supply Line may be removed and said premises restored as hereinabove provided. 10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and.permission he to Licensee, from interference and physical hazard, and if neces- sary in order to prevent.such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Santa Fe. 11. In case of the eviction of Licensee by any one owning or claiming title to or any in- terest in.said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any moneys paid hereunder. .12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addres- sed to Licensee at P. 0. Box 2000, Lubbock, Texas. 13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute the joint and several covenants and agreements of such parties. 14. This license may be terminated by either party hereto upon one (1) months' notice in writing to be served upon the other party, stating therein the day of the month that such termi- nation will take place; and upon the expiration of the time specified in such notice this license, and all rights and privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is an individual. 1. 15. This license shall be binding upon an inure to the benefit of the parties and their respective legal representatives, successors and -assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successors or assigns, nor any subsequent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary assignment or by 469 NOV z z 19E any assignment thereof by operation of law. IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. APPROVED: As to Description: By /s/ J. P. Spear _ - Its Superintende Chief Engineer CITY OF LU , As to Specifications: B Y Superintendent of Communications Its Ma (;r _.-- 4 IfLicensee) 66-25-469-1189 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carri% Mayo Rogers and (33) Councilmen Granberry, Kastman, Diekemper, and Medlock ira*ing_Yea.,_ pone voting ay, to authorize the Park Department of the City of Lubbock to submit application to the State Department of Parks for matching funds for acquisition of park land by the City of Lubbock. If approved, said application to be presented to the City Council at a later date for approval. 66-25-469-1190 Motion -by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (34) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION A RESOLUTION REVISING AND AMENDING A RESOLUTION ESTABLISHING AN EQUITABLE POLICY TO ASSIST EMPLOYEES OF THE CITY OF LUBBOCK IN PLANNING FOR THEIR RETIREMENT. WHEREAS, the City Council of the City.of Lubbock feels that in order to establish a more equitable retirement policy for employees and to help the administration of the City of Lubbock make an orderly transition plan for replacements of persons who retire, it is necessary that an existing resolution passed on the 22nd day of.April, 1965, be revised and amended, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby establishes a new policy for all employe, of the City of Lubbock. SECTION 1. The retirement date for all employees presently employed will be December 31st of the calendar year in -which the employee reaches age 65 except those employees presently em- , ployed who lack a total of fifteen quarters of social secuffty-credit but in no event shall an employee whose age is sixty-five years or over remain in the employment of the City of Lubbock after December 31, 1969. Passed by the City Council this 22nd day of November, 1966. W. D. R ,_ . , r ATTEST: LAVENIA IDWE, City Secretary- easurer APPROVED: . Isl Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney 66-25-469-1191 Bids as follows were received for the purchase of fire hydrants and valves, being Bid No. 9464. (35) 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 bids as follows: Accept the bid of Darling Valve & Manufacturing Co. - Dallas for the purchase of items 1 and 3. Accept the bid of M. B. McKee for the purchase of items 2 and 4. Accept the bid of Western Industrial Supply Corp. for the purchase of items 5, 6 and 7. 66-25-469-1192 Bids as follows were received for the purchase of 1000 curb stops, being Bid No. 9473. (35a) 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 Clowe and Cowan Incorporated for the purchase of 1000 curb stops. 66-25-469-1193 Bids as follows were received for the purchase of miscellaneous electric item$, being Bid No. 950 (36) Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: PRO 66-25-470-1194 (37) 66-25-470-1195 (38) 66-25-470-1196 (40) 66-25-470-1197 (41) Accept the bid of Anderson -Young Electric Co. for the purchase of item 1. Accept the bid of Nelson Electric Supply Co. for the purchase of items 2 and 8. Accept the bid of Z & W Electric Supply Co. for the purchase -of items 3, 5, 6 and 7. Accept the bid of Westinghouse Electric Supply Co. for the purchase of item 4. Bids as follows were received for the purchase of approved water pipe of various sizes for a period of one year, being Bid No. 9519. 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, and Medlock v6ting Yea, none voting Nay, to authorize acceptance of the bid of Bill Moore Pipe Supply Company for various sizes of approved water pipe for one year. Bids as follows were received for paving improvements at Maxey Park and park at East 27th Street and Ivory Avenue, being Bid No. 9477. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman -Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Bill Gaddis Cement Contractor for paving improvements at Maxey Park and park at East 27th Street and Ivory Avenue. Bids as follows were received for the purchase of twenty-two automobiles for various departments, being Bid No. 9500. Bid Tabulation set in Bid Book. After consideration of all bids received mtoion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay,to authorize acceptance of the bids as follows: Accept the bid of Pollard Friendly Ford Co. for the purchase of items 1, 5,'10, 12 and 22. Accept the bid of Modern Chevrolet Co. for the purchase of items 2,6-9,.11, and 13-21. Accept the bid of Fenner Tubbs Co. for the purchase of items 3 and -4. Bids as follows were received for the purchase of distribution transformers for a period of one year, being Bid No. 9464. Bid Tabulation set in Bid Book. Accept the bid of General Electric Supply Co. for the purchase of•items 1, 17, 25, 26 and 44, if unable to supply accept the bid of R T E Corp: (2) or Nelson Electric Supply Co. (3). Accept the bid of R T E Corp. for the purchase of -item 2, if unable to supply accept the bid of General Electric Supply Co. (2) or Westinghouse Electric Supply Co. (3). Accept the bid of Nelson Electric Supply Co. for the purchase of items 10, 37, 38, 50, 55, 57, 58 and 59, if unable to supply accept the bid of General Electric Supply Co. (2) or Westinghouse Electric Supply Co. (3). Accept the bid of General Electric Supply Co. for the purchase of items 11-14, 9, 20-22, 24, 35, 36, 39, 40, 48, 49,-and 51-54, if unable to supply accept the bid of Nelson Electric Supply Co. (2) or Westinghouse Electric Supply Co. (3). Accept the bid of Nelson Electric Supply Co. for the purchase of items 15, 16 and 56, if unable to supply accept the bid of Westinghouse Electric Supply Co. (2) .or General Electric Supply Co. (3). Accept the bid of R T E Corp. for the purchase of items 18, 27, 28, 41-43, if unable to supply accept bid of General Electric Supply Co. (2) or Nelson Electric Supply Co. (3). Accept the bid of Westinghouse Electric Supply Co. for the purchase of items 5, 7, 33, 34, and 46, if unable to supply accept the bid of General Electric Supply Co.-(2) or Nelson Electric Supply Co. (3) . Accept the bid of Westinghouse Electric Supply Co. for the purchase of item 6, if unable to supplyr accept the bid Of Nelson Electric Supply Co. (2)•or General Electric Supply Co. (3). Accept the bid of General Electric Supply Co. for the purchase of items 3, 31 and 32, in unable to supply accept the bid of R T E Corp. (2) or Westinghouse Electric Supply Co. (3). Accept the bid of General Electric Supply Co. for the purchase of items 4, 8, 19, 23, 29, 30 and 47, if unable to supply accept the bid of Nelson Electric Supply Co. (2) or R T E Corp. (3). Accept the bid of General Electric Supply Co. for the purchase of item 45, if unable to supply accept the bid of Westinghouse Electric Supply Co. (2) or R T E Corp. (3), 66-25-470-1198 CITY -OWNED HOUSES FOR SALE, College Avenue, to be moved or wrecked (42) Sealed Bids will be received by the City of Lubbock for the Sale of Eight Houses on the West Side of College Avenue, Additional information and Bid Forms May Be Secured from the Purchasing Department,Room 207, City Hall. Floyd Nesbitt, Purchasing Agent. 1. 2. INFORMATION FOR BIDDERS Bid will cover all improvements on the lot, including the main house, accessory buildings, j if any, and other items such as fences, trees, shrubs, etc., except the party fence, if any, 44 between the subject property and property on the west side of same, unless otherwise specified. The successful bidder must remove his improvements on or'before February 1, 1967. Any improvements remaining-oti the subject lot after February 1, 1967, automatically become the property of the City of Lubbock without further action and may be disposed of at the discretion of the City of Lubbock.' 3. A cashier's check in the amount of 10% of the bid must accompany each bid. Upon acceptance of a bid by the City Council the successful bidder must pay the remaining 90% of his bid before proceeding with any removal of improvements. If the remaining 90% of the bid is not paid on or before December 9, 1966, the bidder will forfeit the 10% of bid previously paid and the improvements for this'lot may be re -bid at the discretion of the City of Lubbock. 4. A two per cent (2&) sales tax will be required on each successful bid said sales tax to be paid at the time the remaining 90% of the bid is paid. [I 4�1 NOV 2 A97661 ri r r F 66-25-471-1199 (42a) 66-25-471-1200 (42b) 5. Bids will be received by the Purchasing Department and should be in a sealed envelope with bidder's name and the parcel number on the outside of the envelope. 6. A moving permit must be obtained prior to the moving of any buildings. Application for moving permit is attached hereto." 7. The City of Lubbock reserves the right to reject any or all bids. Parcel No. 20 2502 - 29th Street. One story frame residence. This house may be relocated within the City Limits of Lubbock provided that it is brought up to building code standards which, at a minimum, will involve rewwiring, replace 2X4 rafters with 2X6 or approved truss bracing, replace or repair all windows and doors., replace any bad floor joists and siding, new roof and two coats of paint on exterior wood. Sealed bids will be received for this parcel until 4:00 P.M. on November 16, 1966. Parcel No. 21 2501 - 29th Street.. One story frame residence, brick veneer, with attached garage. This house may be relocated within the City Limits of Lubbock provided that it is brought up to building code standards which, at a minimum, will involve re -wiring, replace 2X4-rafters with 2X6 or approved truss bracing, replace or repair all windows and doors, replace any bad floor joists and two coats, of paint -on exterior wood. Sealed bids will be received for this parcel until 4:00 P.M. on November 18, 1966. Parcel No. 22 2502 - 30th Street. One Atory frame residence, brick trim on front, with detached garage. This house may be relocated within the City Limits of Lubbock provided that it is brought up to building code standards which, at a minimum, will involve re -wiring replace 2X4 rafters with 2X6 or approved truss bracing, replace or repair all windows and doors, replace any bad floor joists and siding, new roof and two coats of paint on exterior wood. Sealed bids will be received for this parcel until 4:00 P.M. on November 21, 1966. Parcel No. 24 2502 - 31st Street. One story concrete block residence with detached garage. this house cannot be moved, however, the construction materials can be salvaged. Sealed bids will be received for this parcel until 4:00 P.M. on November 18, 1966. Parcel No. 25 2501 - 31st Street. One story frame residence, brick veneer, with attached garage. This house may be relocated within the City Limits of Lubbock provided that it is brought up to building code standards ..as established by the City Building Inspector. Seale bids will be received for this parcel until 4:00 P.M. on November 16, 1966. Parcel No. 26 - 2502 - 32nd Street. One story frame residence, brick veneer, with attached garage. This' house may be relocated within the City Limits of Lubbock provided that it is brought up to building code standards which, at a minimum, will involve re -wiring, replace any bad floor ,joists, replace or repair all doors and windows, new roof and two coats of paint on exterior wood. Sealed bids will be received for this parcel until 4:00 P.M. on November 14, 1966. Parcel No. 28 2502 - 33rd Street. One story frame residence, brick veneer, with detached garage. This house may be relocated within the City Limits of Lubbock provided that it is brought up to building code standards which, at a minimum, will involve re -wiring, replace any bad floor joists, replace or repair all doors and windows, new roof and two coats of paint on!exterior wood. Sealed bids will be received for this parcel until 4:00 P.M. on November 14, 1966. Parcel No. 29 3306 College Avenue. Two story frame residence, brick veneer, with concrete block addition and detached garage. This house may not be relocated within the City Limits of Lubbock. Sealed bids will be received for this parcel until 4:00 P.M. on November 21, 19 Bids as follows were received for houses to be moved on Parcel 26, 2502 - 32nd Street and Parcel 28, 2502 - 33rd Street, being Bid No. 9495. Bid Tabulation set-in Bid Book. After consideration of all bids received motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to Authorize acceptance of the bids as follows: Accept the bid of.Earl D. Camp for the house on Parcel 26, 2502 - 32nd Street. Accept the bid of J. L. Davis for the house on Parcel 28, 2502 - 33rd Street. Bids as follows were received for houses to be moved on Parcel 20, 2502 - 29th Street and Parcel 25, 2502 - 31st Street,. being Bid No. 9496. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of J. H.Mitchell for the house to be moved on Parcel 20, 2502 - 29th Street. Accept the bid of Valton•.Cox for the -house to be moved on Parcel 25, 2502- 31st Street. Bids as follows were received for houses to be moved on Parcel 21, 2501 - 29th Street, and Parcel 24, 2502 - 31st Street, being Bid No. 9497. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Cecil Puckett for the house to -be moved on Parcel 24, 2502 - 31st Street. Accept the bid of Valton Cox for the house to be moved on Parcel 21, 2501 - 29th Street. t79d 221966 66-25-472-1201 Bids as follows were received for houses to be moved on Parcel 22, 2502 - 30st Street and Parcel (42c) 29, 3306 College Avenue, being Bid No. 9498. 66-25-472-1202 (43 ) 66-25-472-1203 (44) Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of J. L. Davis for the house to be moved on Parcel 22, 2502 - 30th Street. Accept -the bid of 0. J.. Garrett for the house to be moved on Parcel 29, 3306 College Avenue. NOTICE TO BIDDERS W.W.O. 11413 Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the office of the City Engineer until 3:00 P.M. November 16, 1966, for the construction of approximately 8.,700 feet of 30 inch water line, miscellaneous valves and related construction for the City of Lubbock, Texas. The City Counci L will, consider the bids on November 22, 1966, at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be with- drawn after they are submitted.- Bidders are required to submit• a .cashie is or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in -the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are on file in the office of the City Engineer, Lubbock, Texas. CITY OF LUBBOCK, BY: ATTEST: r l Lavenia Lowe, City Sec etary- reasurer W. D. R0421 `,` J14. \Mays vf % ' Bids as follows were received for construction of a 30-inch water distribution main from Pump Station No. 3 to 191th Street and Indiana Avenue, being Y,V.O. 11413. 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 Panhandle Construction Co. for the construction of a 30-inch water distribution main from Pump Station No. 3 to 19th Street and Indiana Avenue - W.W.O. 11413. Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. .514O. be passed on first reading. - ORDINANCE NO. 5140 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: Water Capital Project Fund The Sum $168,405.19 For the following puruose: Construction of 30" water distribution main from P. S. # 3 to 19th St. and Indiana Ave. Low Bid (Panhandle Const. Co.) $157,375.51 Paving Repair 300.00 Materials furnished by city 2,110.39 Labor for installation 600.00 Engineering 8,019.29 $168,405.19 66-25-472-1204 NOTICE TO BIDDERS (45) G.W.O. 10554 & 10555 Sealed proposals addressed to the City Council of Lubbock, Texas, will be received at the office of the City Engineer until 2:00 p.m. November 21, 1966, for the construction of approximately 176,000 S.Y. of asphalt paving, 83,870 L.F. of curb and gutter, 19-,500 S.Y. of concrete flat work, 1240 L.F. of railroad crossing and related construction for the City of Lubbock, Texas. The above described work will be paid for partially in cash and partially in valid assessment certificates. The City Council will consider the bids on November 22, 1966, at the City Hall, subject to the right to reject -any or all bids and to waive formalities. Bids may not be withdrawn after they are submitted. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the -total bid and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Plans and specifications are available in the office of the City Engineer, Lubbock, Texas. `t �6 NOV 2 2191 ---------------- BY: W. D, .s y ATTEST: Lavenia Lowe, City Secret -Treasurer Bid as follows were received for the 1967 Street and Alley Paving Program, being G.W.O. 10554 and G.W.O. 10555. 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 authortle acceptance of the bids as follows: r Accept the bid of Kerr Construction Co. for the 1967 Street Paving Program, being G.W.O. 10554. Accept the bid of High Plains Paver#, Inc. for the 1967 Alley Paving Program, being G.W.O. 10555 The Mayor being hereby authorized to enter into contract. 66-25-473-1205 The City Council discussed the City of Lubbock Paving Program and it was determined that no (25) change was to be made in the Paving Policy. 66-25-473=1206 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers (39) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay,that Ordinance No. 5141 be passed on first reading. ORDINANCE NO. 5141 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 THERESHRE, 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 i The sum $61,294.00 For the following purpose: For the development of a park located at East 27th Street and Ivory Street. (Urban Renewal), to include: a. Asphalt, concrete, and Engineering fees $39,000.00 b. Water and Sewer system 4,000.00 c. Playground equipment and asphalt paint 14,000.00 d. Park Lights 42294.00 $61,294.00 66-25-473-1207 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers (32) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5142 be passed on first reading. ORDINANCE NO. 5142 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE REGULATION OF THE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING,SAMPLING, EXAMINATION, GRADING, LABELING, AND SALE OF MILK AND MILK PRODUCTS, THE INSPECTION OF DAIRY HERDS, DAIRY FARMS AND MILK PLANTS, THE ISSUING AND REVOCATION OF PERMITS TO MILK PRODUCERS, HAULERS, AND DISTRIBUTORS, THE FIXING OF PENALTIES, AND AUTHORIZING PUBLICATION OF THIS CAPTION, TOGETHER WITH PENALTY CLAUSE. 66-25-413-1208 Motion by Councilman Hedlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers (31) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize lease of approximately 240 acres of City farm land in Section 5, Lubbock County, Texa€ to Bob Henderson for the year 1967 on cash basis of $15.05 per acre. The Mayor hereby authorize to enter into contract. 66-25-473-1209 Mr. Frank Bennett of Bennett Construction Company appeared before the City Council requesting (19a) a Street Use License for the temporary closing of Avenue M between Main and Broadway from November 23, 1966, through December 15, 1966. After consideration of Mr. Bennett's request, motion was made by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, a to authorize the -Mayor to execute a Street Use License to Bennett Construction Company for the temporary closing of Avenue M between Main and Broadway. STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 22nd day of November, 1966, between the City of Lubbock, a Home Rule'Municipality, herein called "City" and Frank 0. Bennett, Jr. d/b/a Bennett Construction Company, herein called "Licensee". 174 WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: (1) In consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valu- able consideration, cash in hand paid by Licensee, City hereby grants Licensee a License for the following purpose: To use a portion of the public way, as hereinafter described, in connection with the construction of the Southwestern Bell Telephone Company Building. Avenue M between Main and Broadway in the City of Lubbock, Lubbock County, Texas. (2) Such use shall be subject to the terms of this License, City ordinances and written approval of the City Engineer of the City of Lubbock. (3) This License is made subject to the condition that Licensee, and his heirs and assigns mill at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, or causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the mating of this License or the exercise by Licensee of. any privileges granted by this License. (4) Licensee shall at all times exercise the privileges granted by this License is such a manner so as not to create any dangerous.or hazardous condition at the location hereinabove described and subject to the supervision of the City Engineer, Licensee shall erect such barri- cades, warning signs, and other safety devices as may be required by said City Engineer at no. expense to the City. (5) City at its election may cancel and revoke this License, with or without cause, upon forty-eight hours notice to Licensee. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to Licensee at his address on record at the City Engineer's Office. (6) This.License and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, corporation or organization other than Licensee except upon express written consent of City. (7) Upon termination of this License, by revocation and/or cancellation by City, by mutual consent of the parties hereto or otherwise, Licensee shall remove, at no cost to the City, any or all improvements and appurtenances thereto, if any, made or placed pursuant to this License if such removal is requested by the City. (8) Licensee accepts the terms, covenants and conditions of this License and agree to be bound thereby. In the event two or more parties execute this instrument as Licensee, all covenants and agreements of this License shall be joint and several covenants and agreements of such parties. (9) All 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 same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, his successors, legal reprig}or .a$si}S.,_Qr any subse- quent assignee, shall be binding upon the City without the written consent of City in each in- stance. \ CITY BY. W. ATTEST:% LAVEM LOWS, City'Secret#ry-Treasurer D.- ROG �. K FRANK 0. BENNETT, JR. d/b/a BENNETT CONSTRUCTION CO. ATTEST: NO FURTHER BUSINESS COMING UP FOR CONSIDERATIOjNTHE.CI UNCIL ADJOURNED F MEETING NOVEMBER 22ND, 1966. tr • D. ROGERS, JR., r ATTEST: 4 &Z�, e Q0 LAVENLA L , City Secretary reasurer READ AND APPROVED THIS THE 8TH DAY OF DECEMBER, 1966 ATTEST: REGULAR L11 Lei