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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/12/1967I JAN 1 21967 r January 12, 1967 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., and W. E. Medlock, City Attorney Fred 0. Senter, Jr., Acting City Manager Dan S. Petty and City Secre- tary -Treasurer Lavenia Lowe. Absent: None II 67-26-1-1 Invocation was given .by Acting City Manager Dan S. Petty. (1) 67-26-1-2 Motion by Councilman Diekemper, 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 December 21, 1966; Special Called Meeting held December 23, 1966; Special Called Meeting held December 24, 1966. 67-26-1-3 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (3) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5160 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5160 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 $5,000 For the following purpose: Part of engineering cost of construction of improvement in College Avenue 34th Street to 19th Street 67-26-1-4 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (4) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5161 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5161 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) Projects Fund The sum $4,207.50 For the following purpose: Change Order #1 to WWO 11413 for paving repair and incidental work due to route change of 30" water line. For Change Order No. 1 to WWO 11413 for paving repair and incidental work due to route change of the 30-inch water distribution main from 8' northwest of the railway right- of-way line to 4' southeast of the railway right-of-way; from 1222' southwest of 4th Street to the bend entering Pump Station No. 3. 67-26-1-5 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (5) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5162 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5162 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 herebv anorouriated out of the following described bond fund, to -wit: Street 2 JAN 121967 67-26-2-6 (6) 67-26-2-7 (7) For the following purpose: To acquire Parcel 18, College Avenue, from H. L. Griffin and wife Rena Griffin. Address is 2502-28th Street. Legal description is Lot 18, Block 4, Simmons Addition. GWO 10495 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 Ordinance No. 5163 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5163 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 $11,000.00 For the following purpose: To acquire Parcel 20, Indiana Avenue, from Helen Louise Kelsey. Address is 3401 24th Street. Legal description is Lot 1, Block 1 Tyler Square Addition. GWO 10519 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 Ordinance No. 5164 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5164 WHEREAS, the City Council of the City of Lubbock.f inds 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 $24,500.00 For the following purpose: To acquire Parcel 7, College Avenue, from Ethel Lindsay, et al. Address is 2501 22nd Street. Legal description is Lot 1, Block 19, Ellwood Place Addition. Award of the. Special Commissioners in Con- demnation Cause No. 854, County Court at Law No. l was $24,500.00. GWO 10495 67-26-2-8 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (8) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5168 be passed on second and f inal.reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5168 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: Electric Bond Fund The sum $5,740.44 For the following purpose: To pay Brown & Root for a feasibility study authorized and completed in 1965 for future expansion of Lubbock Power and Light electric production system. 67-26-2-9 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. 5169 be passed on second and final reading. AN -APPROPRIATION ORDINANCE . ORDINANCE NO. 5169- 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: I' Ell There is hereby appropriated out of the following described bond fund, to -wit: Electric Bond Fund The sum $3,375.00 V^n tl,o fnl 1ncsinn nl.rnnca • r^v. narti al naismant to rnlwa17 Wantwnrth & Acenriatac nn a Iona -ramp 3 e JAN 121967 r F, F C r 67-26-3-10 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (10) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5174 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5174 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 Improve- ments Fund The sum $28,900 For the following purpose: Park Improvements in 6 parks which are located in lakes below the established high water lines. These improvements are 4' to 6' wide concrete channels to transport storm water from street to water line across grassed areas. These parks are Ribble Park (Lake #20); Clapp Park (Lake #21); Leftwich Park (Lake #22); Kastman Park (Lake #24); Maxey Park (Lake #43); and Higinbotham Park (Lake #45); approved plans are on file. 67-26-3-11 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5170 be passed on second and final reading. ORDINANCE NO. 5170 AN ORDINANCE AMENDING SECTION IOA.1-9 OF ZONING ORDINANCE 1695 SO AS TO ALLOW PASS -OUT WINDOWS FOR OFF -PREMISES CONSUMPTION FOR RESTAURANTS LOCATED IN "C-2A" ZONING DISTRICTS. 11 67-26-3-12 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (12) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5171 be passed on second and final reading. ORDINANCE NO. 5171 AN ORDINANCE CREATING THE PARK AND RECREATION BOARD OF THE CITY OF LUBBOCK; DEFINING THE i DUTIES OF THE BOARD; PROVIDING FOR THE ORGANIZATION OF THE BOARD; PROVIDING THAT NO PERSONNEL AND PERSONNEL POLICIES AND REGULATIONS SHALL BE CONSTRUED AS DELEGATED TO THE BOARD, REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. 67-26-3-13 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (13) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5172 be passed on second and final reading. ORDINANCE NO. 5172 AN ORDINANCE AMENDING ARTICLE 3 OF CHAPTER 2 OF THE CODE OF ORDINANCES; ESTABLISHING A BOARD TO BE KNOWN AS THE LUBBOCK CITY -COUNTY LIBRARIES BOARD TO BE COMPOSED OF NINE MEMBERS, FIVE OF WHOM ARE TO BE APPOINTED BY THE CITY OF LUBBOCK AND FOUR TO BE APPOINTED BY THE COMMISSIONER'S COURT OF LUBBOCK COUNTY; ESTABLISHING THE TERMS OF OFFICES AND QUALIFICATIONS OF SAID BOARD MEMBERS; ESTABLISHING PROCEDURE AND SETTING FORTH THE POWERS AND DUTIES OF SUCH BOARD. II 67-26-3-14 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (14) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5167 be passed on second and final reading. ORDINANCE NO. 5167 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY IN LOT 19, BLOCK 84, OVERTON ADDI- TION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THE 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. 67-26-3-15 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Councilmen Gran- (15) berry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following Resolution be passed. Mayor Rogers abstained from voting on this motion. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to The First Christian Church attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as Akfully copied herein in detail. Passed by the City Council this 12th day of January, ISF7 W. D. ATTEST: � J f JV 0/ JAN 121967 QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT, the City of Lubbock, a Home Rule Municipality of the County of Lubbock and the State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by The First Christian Church, a Corporation of the County of Lubbock and State of Texas, the receipt of which is hereby acknowledged, does by these presents, BARGAIN, SELL, RELEASE, and FOREVER QUIT CLAIM unto the said First Christain Church, a Corporation of the City of Lubbock, its heirs and assigns, all its right, title and interest in and to this certain tract or parcel of land lying in the County of Lubbock and the State of Texas, described as follows, to -wit: The center 20 feet of Lot 191, Block 84, Overton Addition, an addition to the City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows, to -wit: BEGINNING at a point 15 feet West of the Northeast corner of said Lot 19; THENCE South 15 feet West of and parallel to the East line of said Lot 19, a distance of 120 feet; THENCE West 20 feet; THENCE North 120 feet to a point in the North line of said Lot 19; THENCE East 20 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said First Christian Church, a Corpora- tion of the City of Lubbock, County of Lubbock, State of Texas, its heirs and assigns, forever so that the said City of Lubbock, nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas, this 12th day of January, 19 CITY %OF B`BbB R W. D. ROGERS, JR., Ma r ATTEST: LAVENIA LOWE, City ecreta y-Treasurer APPROVED: /s/ Fred 0. 5enter, Jr.ORDINANCE NO. 5177 (1/12//67) amended < FRED 0. SENTER^, JR., City Attorney Ord. No. 5155 (12/21/61) 67-26-4-16 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (15a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5177 be passed as an emergency measure. ORDINANCE NO. 5177 AN ORDINANCE AMENDING ORDINANCE NO. 5155, SO AS TO CORRECTLY EXPRESS THE INTENTION OF THE CITY COUNCIL TO CLOSE ONLY THE WEST LANE (SOUTH BOUND) PORTION OF AVE. H. FROM MAIN STREET TO BROADWAY AND CERTAIN PARKING AREAS NORTH AND SOUTH OF THE OLD COURTHOUSE; AND DECLARING AN EMER- GENCY. 67-26-4-17 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (51) Councilmen Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize approval and adoption of the following pay rates for Electric Distribution Department. This pay scale to be effective January 1, 1967. Councilman Granberry was absent at the time of this motion. 67-26-4-18 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, that Ordinance No. 5178 be passed as an emergency measure. ORDINANCE NO. 5178 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 4251 OF THE CITY OF LUBBOCK TO ADD A SCHOOL ZONE ON NORTH QUIRT AVENUE AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DECLAR- ING AN EMERGENCY, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO CAUSE PUBLICATION OF THE DESCRIPTIVE CAPTION HEREOF AND THE PENALTY CLAUSE, SECTION 7, OF ORDINANCE 4251 AS AN ALTERNATE METHOD OF PUBLICATION PROVIDED BY LAW. 0 67-26-4-19 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5179 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5179 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain __�_t Ll- L.._d_ _.._ _L' 1.__3 C.._.3_ L__. __ .3 _.._S___ __J —L s.3-_1- __J..t -L- a_t1__ 4A 4L.J LJ PROPOSED PAY RATE CIMIGES LUBBOCK POWER AND LIGHT A city Of-� tr —_planned Prooress " �4CK,`S Lubbock, Texa4 5 JAN 12 U7 1 r r r There is hereby appropriated out of the following described bond fund, to -wit: Traffic Light Bond Fund The sum $725.23 For the following purpose: Install school flashing signal at the intersection of East Cornell and Quirt Avenue 67-26-5-20 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (28) Councilmen Granberry, Kastman, Diekemper and Medlock voting. Yea, none voting Nay, to authorize approval of the price and conditions for the disposition of Lot 14, Block 2, Wheelock's Second Addition to the City of Lubbock to Percy Hines, Jr., in the amount -of $2,250. This lot to be dev- eloped for a single family dwelling in accordance with Urban Renewal Plan. - w 67-26-5-21 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (29) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- - ing Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLAYS 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: The North -South alley between Avenue H and Avenue J from its intersection with a line 12 feet North of the South Property Line of.33rd Street to its intersection with a line 13.5 feet South of the North Property Line of 34th Street known and designated as Sub -Unit Number 12 of Unit Number A-384. The East-West alley between 34th Street and 35th Street from its intersection with the West Pro- perty Line of Raleigh Avenue to its intersection with the East Property Line of Salem Avenue known and designated as Sub -Unit Number 22 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 G.W.O. 2906. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementi.oned 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. 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 12TH DAY OF JANUARY 1967. ATTEST: It �al zev_ r LAVEN LO , 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: W. D. ROGEP.S.t s passage. January 12, 1967 10 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 North -South alley between Avenue H and Avenue J from 33rd Street to 34th Street and the East-West alley between 34th Street and 35th Street from Raleigh Avenue to Salem Avenue as listed on the final estimate and assessment sheet to have been completed in accordance with the plans f respective properties. Yours very -truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE GWO 2906 Accepted January 12, 1967 QUANTITIES S.Y. Unit & L.F. Alley Sub -Unit Location C & G PavinjZ A-384-12 The North -South alley between Avenue H and Avenue 76.00 301.03 J from 12' North of the SPL of 33rd Street to 13.5' S. of the NPL of 34th Street A-384-22 The East-West alley between 34th Street and 35th 672.22 Street from the WPL of Raleigh Avenue to the EPL of Salem Avenue TOTALS 76.00 973.25 COST ESTIMATE 76.00 L.F. Curb & Gutter @ $1.75 $ 133.00 973.25 S.Y. Alley Paving @ $5.85 52.693.52 CONTRACT COST $ 5,826.52 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW A-384-12 $ 1,894.03 $ 1,364.98 $ 529.05 A-384-22 3,932.49 2,855.96 1,076.53 $ 5,826.52 $ 4,220.94 $1,605.58 67-26-6-22 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5180 be passed on first reading. ORDINANCE NO. 5180 AN ORDINANCE ABANDONING AND CLOSING CERTAIN STREETS AND ALLEYS IN THE WHEELOCK'S SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICUTARLY 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. 67-26-6-23 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (32) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION Motion was made by Councilman Granberry, seconded by Councilman Kastman, that the Mayor be instructed to sign, on behalf of the City of Lubbock, Texas, supplemental license agreement between The Atchison, Topeka and Santa Fe Railway Company, State of Texas and City of Lubbock, Texas, covering right of way across said Railway Company's Seagraves District property for a grade crossing at Nineteenth Street, and that a copy of said agreement be recorded in the Minutes. Motion carried. 000 y STATE OF TEXAS X COUNTY OF LUBBOCK X CITY OF LUBBOCK X sofar as the same pertains to the execution of an agreement with the Atchison, Topeka and Santa Y P Y GIVEN under my hand and seal of office, this the 16th day o anuary, 1967. i kAVENIA L WE, City Sec etary reasurer THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY THE STATE OF TEXAS and JAN 121967 r r r� SUPPLEMENTAL AGREEMENT, Made this 2nd day of December, 1966, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a.Kansas corporation, hereinafter called "Santa Fe", as First Party; THE STATE OF TEXAS, acting herein by and through its State Highway Engineer, hereinafter called "State", as Second Party; and CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, Texas, acting herein by its Mayor, hereunto duly authorized, hereinafter called "City", as Third Party, WITNESSETH: RECITALS• Panhandle and Santa Fe Railway Company (predecessor in interest of the Atchison, Topeka and Santa Fe Railway Company), The State of.Texas, and City of Lubbock, Texas, entered into an agree- ment dated February 10, 1953 (Santa Fe's Secretary's No. 14472), whereby Santa Fe licensed the construction, maintenance and use by State of a public road upon certain property of Santa Fe in Lubbock, Lubbock County, Texas, said agreement being hereinafter called 'Original Agreement". The parties now desire to extend the boundaries of the premises so licensed, and to amend the Original Agreement, as hereinafter provided. AGREEMENT The parties mutually agree: 1. That Original Agreement shall, as of the date hereof, be amended and supplemented so as to apply -to and include all of the property enclosed by red lines on print DEO Slaton, Texas, No. 8249, dated August 19, 1966, hereto attached, marked "Exhibit A", and made a part hereof; and that said Exhibit A dated August 19, 1966, shall supersede and cancel print DEO Slaton, Texas, No. 4526: dated February 5, 1953, marked "Exhibit A", and attached to and made a part of Original Agreement. 2. That, as herein and hereby amended and supplemented,.said Original Agreement shall be and remain in full force and effect during the remainder of the term thereof. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in tripli- cate on the day and year first above stated. THE ATCHISON, TOPEKA AND THE STATE OF TEXAS: SANTA FE RAILWAY COMPANY By, Its Vice President ATTEST: /s/ W. Q. Memitz. Assistant Secretar�r Railway Company CITY 01 ZT+DI TAS By (' h W. D. • > or �+ ATTEST: s v City Secretary Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and author- ized by the State Highway Commission: By: Executed as Assistant State Highway Engineer and approved for State Highway Commission,.as authorized by Commission Minute No. 43772.. RECOMMENDED FOR -APPROVAL: Right of Way Engineer District Engineer 67-26-7-24 NOTICE OF CITY COUNCIL HEARING (16) 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 12th day of January, 1967, 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 `I 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 recom-' mendation: ZONE CASE NO. 1448 - Request of J. L. Murfee Jr. to change a tract of land out of Section 8, Block E-2, Lubbock County, Texas, from an "R-l" and "R-3" to a "C-4" Zoning District. Pro- perty is further described by metes and bounds to wit: BEGINNING at a point in the north -line of said Section 8, Block E-2, a distance of 1760' west of the northeast corner of said Section 8, Block E=2 for the northeast and beginning corner of this tract; THENCE West along the north line of said Section 8, Block E-2, a distance of 880' to a point for the northwest corner of this tract; THENCE South a distance of 1122' to a point for a corner of this tract; THENCE East a distance of 440' to a point for a corner of this tract; THENCE South.a distance of 198' to a point for a corner of.this.tract; THENCE East a distance of 440' to a point for the southeast corner of this tract; THENCE North a distance of 1320' to the PLACE OF BEGINNING. 8 JAN r 21967 The Planning and Zoning Commission voted to recommend to the.City Council that the east-_505't located north of a line even with the alley between 51st and 52nd Streets on the west side of Memphis Avenue only, be changed from "R-3" to C'4", limited to a new car_ - - -- dealership, subject further to the following conditions: 1. That the development be in accordance with the plan presented at the hearing. Said plan being on file in the office of the Secretary of the Planning and Zoning Commission. 2. That all exterior walls be of brick masonary and insulated panel construction. 3. That the fence shown along the south and west property lines be a'solid permanent type 6' screening fence and that each be permanently maintained. 4. That drivewayb for ingress and egress be approved by the City -Traffic Engineer under terms of the ordinance regulating construction of same. 5. That the City of Lubbock shall have the right to use any parking area or drive for access for the purpose of refuse collection. 6. That all exterior signs be limited in number, size, height and location as follows: a. 1 - Pylon type "Dealer"sigi - placed not closer than 15' to the north property line, not over 35' in height from the ground elevation, below the sign to the highest point of the sign and not -over 200 square feet in area. b. 2 - "OK Used -Car" signs - not over 20 square feet each in area and not over 15, in height from the highest point to the ground elevation on which they stand. ' c.- 1 - "Service" sign_- - not over 12.square feet in area -and not over 15' in height from the highest point to the ground elevation on which it stands. 7. That the building height be limited to one story. 8. That all lighting, including lighted signs, shall be hooded and/or faced so that light will be reflected away from adjoining residentially zoned p erty. I LAVENIA LOWE, City Secretar -Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1448 - Request of J. L. Murfee, Jr., to change property located between 50th Street and 54th Street, extending east 880' from Memphis Avenue from "R-1" and "R-3 " zoning districts to "C-4 " zoning district. The Planning and Zoning Commission recommended that the east 505' located north of a line even with the alley between 51st and 52nd Streets on the west side of Memphis Avenue only, be changed from "R-3" to "C-4" zoning district, limited to a new car dealership, subject to the following eight additional conditions: 1. That the development be in accordance with the plan presented at the hearing; said plan being on file in the office of the Secretary of the Planning -and Zoning Commission. 2. That all exterior walls be of brick masonary and insulated panel. construction. 3. That -the fence shown along the south and west property lines be. a solid permanent type 6' screening fence and that each be permanently maintained. 4. That driveways for ingress and egress -be approved by the City Traffic Engineer -under terms of the ordinance regulating construction of the same. 5. That the City of Lubbock shall have the right to use any parking area or drive for access for the purpose of refuse collection, 6. That all exterior signs be limited in number, size, height and location as follows: a. 1 - Pylon Type "Dealer" sign - places not closer than 15' to the north property line, not over 35' in height from the ground elevation, below the sign to the highest point of the sign and not over 200 square feet in area. b. 2 - 'bK Used Car" signs - not over 20 square feet each.in area and not over 15' in height from the highest point to the ground elevation on which they stand. c. 1 - "Service"_ sign - not over-12 square feet in'area and -not over 15' in height from the highest point to the ground -elevation on which it stands. 7. That the building height be limited to one story. 8. That all lighting, including lighted signs, shall be hooded and/or faced so that light will be reflected away from adjoining residentially zoned property. Mr. J. L. Murfee, Jr., and Mr. Roger Meier appeared before the City Council in support of this zone change request. Mr. Jan Fouts, Attorney, appeared before the City Council representing approximately 55 persons, present in the Council Chamber, in opposition to this zone change request. Mr. David Hughes, Dr. Eugene Scioli and Dr. R. K. O'Loughlin also appeared before the City Council in opposition to this zone change request. After consideration of all facts pre- sented, Mayor Rogers announced that the hearing was -closed. After due discussion, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and rnnnrilman RranhArrv. Kactma•n_ nipkPmnar and Mpolnrk vnPinp Yea. none voting Nay. t0 overrule 9 JAN 121967 ii r r r F1 67-26-9-25 Colonel John Buechler and Dr. Ira Williams appeared before the City Council requesting reimburse- (17) ment of all or a portion of $3,203.85 being net loss in connection with operation of Lubbock Work- reation, Incorp. during years 1964 and 1965. Colonel Buechler presented the following balance sheet... ASSETS LIABILITIES DEFICIT INCOME EXPENSES LUBBOCK WORKREATION, INC. - Year 1967 - 1965 BALANCE SHEET Cash in Bank Note Payable INCOME STATEMENT City of Lubbock Other Payroll (youth) Salaries: Mgr. Bkpr. steno . FICA contribution Workman's Compensation Printing Loss. on fund raising show • Interest -Paid - Misc. (travel, postage, long distance, etc.) NET LOSS (at end of 1965) $ 196.15 3,400.00 ($ 3,203.85) $ 8,985.60 2,835.83 $ 11,821.43 $ 10,825.17 1,600.00 q00.00 454.09 440.96 163.57 389.24 201.98 250.27' 15,025.28 $( 3,203.85) After consideration of this request, 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, that the request for reimbursement be denied. 67-26-9-26 Dr. Dan Brown and approximately thirty-five residents in the area of 73rd Street and Avenue U (22) appeared before the City Council requesting access to Loop 289 at College Avenue, or at some street near Avenue U. The following petition was presented signed by approximately sixty-five persons. - Councilmen City of Lubbock State of Texas Dear Sirs: January 10, 1967 We the residents of the 1900 and 2100 blocks of-73rd Street -in Lubbock would like to call your attention to a problem that we consider serious. On December 20, 1966, the crossover at Avenue U and Loop 289 was closed. Now residents of Beverly Heights are living in the City of Lubbock, paying taxes .to the City of Lubbock, -but have great difficulty in getting to other areas of Lubbock, When residents of Beverly Heights bought their homes here three and four years ago, we were told that Ovenue U would remain open from eight to ten years, until all main lanes of loop 289 were completed. After consideration Beverly Heights families bought their houses in this section, because we speculated that in eight years this -area would have developed enough so that streets would be cut through to College Avenue. Since the closing of Avenue U is coming five years premature, we are living in a section that has had only Avenue U to move us from 73rd Street to other areas of Lubbock. With the closing of Avenue U we are forced to drive on the one-way service street of Loop 289 one mile east to High- way 87. In other words, if.we wish to go east we will travel east; if we wish to travel south we must drive one mile east and connect with -Highway 87 before turning south; if we wish to go north , we must drive east and connect with Highway 87; and even -if we wish to go WEST we must first drive' one mile east, connect with Highway 87, then turn around and go back west. ' I This development is only .4 of one mile from College Avenue. Yet there is no street cut through to College Avenue. Therefore, we would like to ask that the City Council take steps to provide a street to College Avenue. When this is done we -will only have to drive .4 of a mile in order to connect with a through street to downtown Lubbock. If this is not done, we will be forced to travel to Highway 87 in order to go anywhere in Lubbock. Mothers must drive almost four miles in order to take their -children to Bayless Elementary School which is only 15 blocks.away. Men -who work on the Northwest side of Lubbock will have to travel to Southeast Lubbock before turning back to drive to their businesses. We must drive almost four miles in order to shop at Horseshoe Shopping Center which is only 12 blocks from our homes. In order for Beverly Heights to develop further as a growing part of Lubbock a desirable way of traveling to downtown Lubbock must be provided. Without such a plan the value of our property will decrease a great deal. And only last year our city taxes were raised. to JAN 121967 Of course the ideal solution to our problem would be for Loop 289 to be built over Avenue-U as an overpass with no exits. In this way persons*could travel under Loop 289 on Avenue U. This has been done in other cities where freeways have been constructed. This is the most desirable solution since Loop 289 was planned to have no more than one mile between exits. This section between Highway 87 South and College Avenue is one and one-half miles. If a crossover at Avenue U is not possible we would at least hope for a street connecting Beverly Heights with College Avenue. By cutting 74th Street through west to College Avenue the situation would not be ideal, but it will at least be less of a problem. Seventy-fourth Street could be cut through as it would run between 0.& L Bowling Alley and KLBK Television properties. We are sending copies of this letter to Mayor W. D. (Dub) Rogers and Council members. As resi- dents of Lubbock we are asking that you, our councilmen, take steps to provide us with a way to drive to downtown Lubbock without so terribly much inconvenience. Very truly yours, /s/ Dan Brown Dan Brown And the undersigned residents of 73rd Street Orlen Womble also appeared before the City Council in this regard. After consideration of all facts presented, the City Council suggested to the property owners that right-of-way be acquired for a street and were advised that everyeffort would be made to make said street an "all-weather" road. 67-26-10-27 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (23) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay,to authorize site plan revision for Zone Case No. 1235-A - Matador Dormitory Project, located north of 19th Street between Norfolk Avenue and the Brownfield Road. This being for a billboard type sign to be placed near the,Brownfield Road. The Planning and Zoning Commission recommended that this revision be granted, subject to the following three conditions: r 1. That sign -be limited in size to 10' in height by 40' in width, the highest point not to be over 17' above ground elevation. 2. That sign be parallel with the RR and setback 20' from the property. m '3. That any advertising on the sign shall pertain -to the "Matador"Dormitory Project only. 67-26-10-281 A The City Council again considered Zone Case No. 1366, Ordinance No. 4865 having been passed on (24) w first reading November 23, 1965 - Request of Mr. and Mrs. John P. Burke to change property locat- Aed on the west side of Indiana Avenue about in line with 23rd Street from "R-1" to "R-2" zoning district. The Planning and -Zoning Commission recommended that this request be granted, subject ` 3 to the condition that the units be of brick construction with a minimum of 1000 square feet of i total inside floor space per unit. After consideration of all facts presented, motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Council- co :r men Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 4865 never be finally passed. Therefore, the request for zone change in Zone Case No. 1366 be zo hereby disallowed. 67-26-10-29 m Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (25) r. Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to approve r. converting'present recessed parking on the east side of College Avenue at 2502, 2507, 2511, 2513 10 and 2515 and 2401, 2403 and 2405 to parallel and install standard vertical curb in the north half o of the 1900 block and around property at the northeast corner of College Avenue and 23rd Street. 67-26-10-30 I 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 on second and final reading. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES. BE IT RESOLVED BY -THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City.of'Lubbock and along the boundaries thereof, be improved as herein•provided, to -wit: BEGINNING on 19th Street from Dover Avenue west to Loop 289. SECTION 2. THAT said portions of streets, highways, avenues and/or alleys shall be improved by installing concrete curb and gutters; SECTION 3. THAT such improvements in each unit shall be paid for in the following manner; The abutting property and owners thereof'shall pay and shall be'assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as -specified above, then there shall be assessed and. -be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. nranmrn?.T /. m77Am ♦1.- - »..---4 - _..4__. A ..., U- . _4A 1. .-U- ..1...4-f4.,.. ,,,-..,v....rs. -A it JAN 121967 r. 1 F1 r after completion and acceptance of -the improvements in the unit upon which theproperty abuts, by the City Countil, and shall bear interest from the date of completion, and acceptance until paid, at the rate of b% per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assess- ment upon which same is made. SECTION 5. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection,) if incurred, all under and in accordance with the Charter, and amendments thereto, now in force ini this City, and in accordance with the provisions of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. SECTION b. THAT the Engineer of the City be, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other matters and things, it being specially.provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assessment which may be levied. SECTION 7. THAT such estimates, rolls and statements shall -show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City, and by the provisions of Article 1105B, Revised Civil Statutes of -Texas as amended by Chapter 281; Acts of the 52nd Legislature. This resolution shall take effect and be in force from and after its passage. Passed by the Council on first reading this 21st day of December, Passed by the Council on second reading this 12th day ROGE��Sts ATTEST: 9z , -z.,jr ad wz/z IAVEN19 LOWE, City ecreta y-Treasurer FORM APPROVED: /s/ Fred 0. 5enter, Jr._ FRED 0. SENTER, JR., City Attorney , 57-26-11-31 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 follow- ing Resolution be passed. RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF -CURB AND GUTTER ON A PORTION OF 19TH STREET IN THE CITY OF LUBBOCK, TEXAS, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPER AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that a portion of i 19th Street be improved by installing the outermost concrete curb and gutter and arrangements therefore have been made and entered into by the City of Lubbock, Texas with Henry L. Stafford and E. M. Bailey, Contractor, and, WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS I. Such estimates be and they are hereby adopted and approved. _ II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREIN PORTION OF 19TH STREET AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portion of 19th Street in the said City of Lubbock, Texas, be improved by installing concrete curbs and gutters as designated below: It is found and determined that the outermost curb and gutter improvements on such portions of said 19th Street with -the amount or amounts per front foot proposed to be assessed for curb and gutter improvements against the abutting property and the owners thereof, on the portions of said 19th Street are as follows: The North Side of 19th Street from its intersection with the West curb line of Elkhart Avenue 12 .BAH 121967 the'estimated cost of the outermost concrete curb And gutter improvements is $1756.54; the estimated•amount per front foot to be assessed against the abutting property and the owners there- of -for said concrete curb and gutter is, $1.35. The South Side of 19th Street from its intersection with the West Curb Line of Dover Avenue to its intersection with the East Right of Way o£'Loop 289, known and designated as Sub Unit Number 2 of Unit Number 2166; the estimated cost of the outermost concrete curb and gutter improve- ments in $2626.84; the estimated amount per front foot to be assessed against the abutting pro- perty and the owners thereof for said curb and gutter is $1.35. And arrangement for the making and construction of such curb and gutter improvements has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against abutting property and the owners thereof have been filed with the City, such rolls or statements showning other matters and things, and have been approved and the City'Council of said City has fixed a time and place -for hearing to the owners of property abutting upon said portions of said 19th Street, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity -of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas in regular Council meeting room in the City Hall, in the City of Lubbock, Texas on the 22nd day of February, 1967, at 10:30 A.M. o'clock. The rolls or statements shooing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of -the City Engineer of the City of Lubbock and open to inspection of any inter- ested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 1.2th day of January, 1967. No notice other than that hereinabove provided for shall be necessary but publication of such notice shall be due -and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said 19th Street described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 22nd day of February, 1967 at 10:30 A.M. o'clock on the second floor in the City Hall, City of Lubbock, Texas and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms -and provisions of an Act passed at the first called session of the 40th Ligislature of the State-bf Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 281 Acts of the 52nd Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a news- paper published in the City of Lubbock, Texas; the first publication shall be made at least ten days before the said hearing. Said notice shall comply with and be in accordance with the terms ' and provisions of this resolution and.said Act as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY—OFTHE C�'Y�LUBBOCK, TE , THIS THE 12TH-DAY OF JANUARY, 1967. Q� \ W. D. ROGERS, JR..,- M&or r City of Lubbock, Texas71 ATTEST: GGltar" IAVENIA LOWE, City Secret ry-Treasurer APPROVED: /s/ Samuel W. Wahl SAM RL W. WAHL, City Engineer APPROVED: Isl Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney 67-26-12-32 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (30b) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF CURB AND GUTTER ON A PORTION OF NORTH COLLEGE AVENUE IN THE CITY OF LUBBOCK, TEXAS, FIXING THE THE AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. 1' ji WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that a portion of North College Avenue be improved by installing the outermost concrete curb and gutter and arrange•- .wiante tl�ian.eaf.�..n U.r I-- -.A- -A --#---nA 4r. ^. 1%­ 114n r4f-%, of T,iM%nn1r Ti` as w4t-U TJo"rw T 13 JA N 121967 to be assessed against abutting property and the owners thereof, and such estimates have been pre- pared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS I. Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREIN PORTION OF NORTH COLLEGE AVENUE AND TO ALL OTHERS AFFECTED: The Governing Body of the.gity of Lubbock has heretofore ordered that the following portion of North College Avenue in the said City of Lubbock, Texas, be improved by installing concrete curbs and gutters as designated below: It is'found and determined that the outermost curb and gutter improvements on such portion of said North College Avenue with the amount or amounts per front foot proposed to be assessed for curb and gutter improvements against the abutting property and the owners thereof, on the portion of said North College Avenue are as follows: North College Avenue from its intersection with the North Paving Line of Erskine Street to it: intersection with the South Right of Way Line of Loop 289, known and designated as Unit Number 2165; the estimated cost of the outermost concrete curb and gutter improvements is $13,574.25; the estimated amount per front foot to be assessed against the abutting property and the owners there- of for said curb and gutter .is $1.55. And arrangement for the making and construction of such curb and gutter improvements has been made and entered into by the City of Lubbock, Texas, and rolls or -statements showing the proposed amounts to be assessed against abutting property and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abuttin€ upon said portions of said North College Avenue, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the unit upon which the particular parcels of property abut, the amounts of benefit to the respecitve parcels of property by means.of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be deter- mined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of ,the City of Lubbock, Texas, in regular Council meeting room in the City Hail, in the City of Lubbock, Texas on the 22nd day of February, 1967, at 10:30 A.M. o'clock. The rolls or statements showing the proposed amounts of such assess- ments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as jiny and others in any- wise affected or interested, will take due notice. By order of the -City Council of the City of Lubbock, this the 12th day of January, 1967. No notice other than that hereinabove provided for shall be necessary but publication of such notice shall be due and.sufficient notice to any and all persons, firms, corporations and other parites. That a hearing be given.and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said North College Avenue described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. -Such hearing shall be given and held on the 22nd day of February, 1967, at 10:30 A.M. o'clock on the second floor in the City Hall, City of Lubbock, Texas and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 281 Acts of the 52nd Regular Session of sai Legislature. Such notice shall be by advertisement inserted -at least three tithes in a newspaper published in the. City of Lubbock, Texas; the first publication shall.be trade at least ten days before the said hearing. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Act as amended. PASSED AND'APPROVED BY UNANIMOUS VOTE OF THE GOVERNING PAD 19FJCIIT0UBBOCK, T , THIS THE 12TH DAY OF JANUARY, 1967. 69 W. D. ROG , .,Na City .of Lubbock, Te�4s6 ATTEST: LAVENIA LOWS, City ecreta y-Treasurer is APPROVED: AN 3 21967 67-26-14-33 ..Motion by Councilman Medlock,. seconded by Councilman Diekemper, motion carried, Mayor Rogers and (38) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize approval of travel expenses in the amount of $110.50 to Austin for Texas Municipal League Meeting for Councilman Jack Kastman and City Attorney Fred Senter. Payment hereby authorized to Wes -Tex Aircraft Piper Distribution in the amount of $110.50. 67-26-14-34 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (40) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize change in the City -County Welfare policy as set out in the attached policy, said changes have been recommended by the City -County Welfare Board and approved by the County Commissioners Court. 67-26-14-35 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (41) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, under the provisions of Section 23 of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies in providing -low-rent housing by leasing dwelling units in existing privately -owned structures; and, WHEREAS, said Section 23 provides that the provisions thereof shall not apply to any locality unless the governing body of the locality has by Resolution approved the application of such -provisions to such locality; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the application of the provisions of Section-23 of the United States Housing Act of 1937, as amended, to the City of Lubbock, BE and the Passed by the City Council this 12th day of January, ATTES LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Selnter, Jr. FRED 0. SENTER, JR., City Attorney 67-26-14-36 Motion by Councilman Granberry, seconded -by Councilman Kastman, motion carried, Mayor Rogers and (42) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize a loan in the amount of $3,500 to Southeast Lubbock Development Corporation for operating deficit of Greenfair Manor housing project for the month of January. 67-26-14-37 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (33) Councilmen Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appoint- ment of Cecil Jennings to fill the expired term of H. C. Lewis and Byron Martin to fill the expired term of Kenneth P..Fragg as members of the Board of Electrical Examiners. Mr. Jennings and Mr. Martin's terms to expire January 1, 1970. This is a seven member board; other members being: Joe Fry, Douglas Blackburn, Jimmy Wallace, J. B. Joiner and Gordon B. Hilton. Terms for this board are for a period of three years. Councilman Granberry was absent at the time of this motion. 67-26-14-38 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (34) Councilmen Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appoint- ment of James E. Smith to fill the expired term of X. J. Aderton-as a member of the Plumbing Board. Mr. Smith's term for a period of five years; term to expire January 1, 1972. This is a five member board; other members being: Leonard Cole, Bud W. Myers, John T. McCrummen and H. R. Bundock. Councilman Granberry was absent at -the time of this motion. 67-26-14-39 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (35) Councilmen Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appoint- ment of Mrs. Garland Newsom to fill the expired term of George Fields as a member of the Cemetery Board. Mrs. Newsom's term for five years; term to expire January 8, 1972. This is a five -member board; other members being Mrs. Roy Furr, Sr., Whit Victory, Mrs. Fern Cone and Jim Collier. Councilman Granberry was absent at the time of this motion. 67-26-14-40 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (36) Councilmen Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the reappoint- ment of Mr. E. G. Pharr as a member of the Civil Service Commission. Mr. Pharr's term for three years; term to expire January 29, 1969. This is a three member board, other members being Hoyle G. Moss and Horace Humphries. Councilman Granberry was absent at the time of this motion. 67-26-14-41 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (37) Councilmen Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the re- appointment of Al Couch as the City of Lubbock Staff member on the Community Action Board. Mr. Couch's term for three years; term to expire January 31, 1970. This is a joint board with the County of Lubbock, comprised of twenty-seven members. 67-26-14-42 NOTICE TO BIDDERS AWO - 171 (44) .. • • • • A ti �• _ rr� _ _ "t7 _ u_«__. _�� ns �__ N�_.�_d7 ns i__ ..l T_.tt�_1_ m_�_� El t 0 Ell `�1 L L 0 ITEM 40 SUNS ;1 OF AUALYS IS G.F POI, VU CI ENGi:.3 ~ 4 The follOwing are cha=_-qas in po, is e2; reGr� 48� l c;ae.�3e• WE BOARDthe le�.pvndit:u.re of is the opinion of the Velfare Board and the staff of ; uhboc:i•; Welfare Department that the increases will not result in an wi .t ul ;t_ 4 ,t,_ ", in the total. budget apprCrved for operation daring the year ;_;;::ar., 1. Monthly nursing home rates raised as follows: Custodial care $125.00 to 105.0 Minimum nursing care $155.00 to $114.00 Moderate nursing care $191.00 to $251.00 Intensive nursing care 0'255.00 to 3293.00 2. Increases of $5.00 monthly on all family 6"Oups for shelter. 3. Funeral hcme increases for burials: ?:?fant- ;i.ze $ '40,500 to $ 50.00 Titermediate-si.SL $ KOO to vlov OJ Adult -size 50.00 to $200,00 Over -size 060.00 to $225.00 4. Ambulance services increases: Normal transfer 6 5.00 to S 7.50 Round-trip $ 7.50 to $$ o= Tiro trips, same patient $10.00 to $15.00 5. Medical indigercy chart increases: (1) One- Prlember farilles • $13000 to $180.00 (2) Two -Member families $180,00 to $205,00 (3) Three -Amber families $205.00 to $230- 00 (�E) Four -Member f-amilics $230.00 to $25000 ( ) Five -Member families $255.00 to $280.03 (6) Six0emher families $ 280,00 to $305.00 (7) (8) Seven ber families Eight $305.00 to 1330,00 (9) -Member families mine--M�--mber $�3?O.00 to $fi355,;y.) (10) families Ten $355,00 to $538000 -Member families $380,00 to 1405.00 6. Hospital nursery fee raised from $6.00 to $7.50 per day. ■EM4p t JAN 12 i5b/ ft i s right to reject any or all bids and to waive formalities. Bids may not be withdrawn within thirty (30) days after they are submitted and any bid received after closing time will be returned un- opened. Bidders are required to submit a cashier's or certified check or bid bond in the amount of five percent (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 and related documents are on file in the office of Atcheson, Atkinson & Cartwright, Architects and Engineers, 1214 Fourteenth Street, Suite 106, Lubbock, Texas. AIRPORT BOARD, CITY OF LUBBOCK, TEXAS By /s/ E. H. Elliott, Chairman. ATTEST: /s/ Lee Fields, Secretary Bids as follows were received for award of contract on three Airport signs as recommended by the Airport Board, being AWO 171. 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 voting Yea, none voting Nay, to authorize acceptance of the bid of H. R. Bundock for three Airport signs for the Lubbock Municipal Air Terminal. The Mayor hereby authorized to enter into contract. 67-26-15-43 Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 9561. (46) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Medlock, 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 Graybar Electric Co. for the purchase of item 1. Accept the bid of General Electric Supply Co. for the purchase -of items 2, 4, 5 and 6. 67-26.15-44 Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 9570. (46a) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Kastman, seconded by Councilman Medlock, 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 Southwestern Electric Supply Co. for the purchase of item 1. Accept the bid of General Electric Supply Co. for the purchase of item 2.. 67.-26-15-45 Bids as follows were received for purchase of steel, fabricated for Maxey Park, being Bid No. 9557. (47) 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 and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Ducommun Metal and Supply Co. for the purchase of steel for Maxey Park. 67-26-15-46 Bids as follows were received.for purchase of playground equipment for the Urban Renewal Park, (48) Being Bid No. 9425. 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. Kedlock voting Yea, none voting Nay, to authorize acceptance of the bid of Paul E. Allen Company, Incorp. for purchase of playground equipment for the Urban Renewal Park located at East 27th Street and Ivory Avenue. 67-26-15-47 Bids as follows were received for the purchase of automobiles for various departments, being Bid (49) No. 9565. 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 bids as follows: Accept the bid of Fenner Tubbs for the purchase of items 1-11. Accept the bid of Modern Chevrolet for the purchase of items 13-15. 67-26-15-48 Motion by Councilman Kastman4 seconded by Councilman Medlock, motion carried, Mayor Rogers and (49c) Councilmen Granberry, Kastman, Diekemper and Medlock voting -Yea, none voting Nay, to authorize the appointment of Mr. N. B. McCullough as Acting City Manager for the City of Lubbock, effective January 16, 1967. 67-26-15-49 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (53) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. 16 )An 12 1967 SUPPLEMENTAL ELECTION ORDER THE STATE OF TEXAS X COUNTY'OF LUBBOCK X CITY OF LUBBOCK X WHEREAS, the person appointed Presiding Judge for Precinct 5 and the person appointed Alternate Presiding Judge for Precinct 17 appointed by Order dated December 24, 1966, are unable to serve in the capacity of Presiding Judge and Alternate Presiding Judge for the Special Charter Amendment Election ordered to be held on January 24, 1967, NOW THEREFORE: I, W. D. Rogers, Jr., Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law of the State of Texas do hereby name and appoint as Presiding Judge for Precinct 5 Mrs. John Frentress, Jr., and as Alternate Presiding Judge for Precinct 17 Mrs. Leroy Neitsch. shall 1966. It is further ordered that the Presiding Judge and Alternate Presiding Judge herein named be vested with the authority stated in the previous order of election dated December 24, SIGNED and executed in the City Hall at Lubbock, ATTEST: LAVENfA LOWE, City Secret ry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 67-26-16-50 Motion by Councilman Diekemper, seconded by Councilman Medlock, (43) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, Heights Community Center building to Mackenzie Park Shop locate Mackenzie State Park, adjacent to the swimming pool. d motion carried, Mayor Rogers and none voting Nay, to authorize removal o in the northwest portion of a' 67-26-16-51 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (43a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize sale of Lot 1, Block 19, F. E. Wheelock Second Addition, located at 22nd Street and East Avenue R,o t having been determined by the City Council that this land is no longer needed. This is the lotah the Carver Heights Community Center is located. 67-26-16-52 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appointment of Lt. Charles Scott, Fireman, as Training Officer for Civil Defense for the City of Lubbock. 67-26-16-53 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (50) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize use by the Cemetery Department of a City owned vehicle rather than the department head furnishing his own automobile. Use by said department of one of the Police automobiles that is to be re- placed, at this time, being hereby authorized. 67-26-16-54 Motion by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers and (50a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize use by the Training and Safety Office of a City owned vehicle. This vehicle to be operated by both the Personnel Department and Training and Safety Department. 67-26-16-55 Mr: Elo Urbanovsky of Texas Techological College's Park Administration, Horticulture and Entomo- (52) logy Department appeared before the City Council and presented a comprehensive plan of develop - went of land within one or one and one-half miles bordering Texas Tech. Mr. Urbanovsky stated to the City Council that the study is to be made by faculty, students and graduate students of Texas Tech and presented the plan for consideration of the City Council and requested that the City of Lubbock bear approximately one-half of the cost. The purpose of the study being to insure a coordinated plan for community -university development. Also appearing in this regard was Mr. Marshall Pennington, Mr. D. L. McElroy and other members of the Texas Tech faculty, also'Jim Bertram, a Texas Tech student. The study would require approximately two years at an approximate cost of $120,000, and start as of September 1) 1967. After consideration, this request was taken under advisement. 67-26-16-56 The City Council considered "trade-in" of City vehicles when purchasing replacements and motion (49a) 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, that vehicles should be disposed of when they have been driven not in excess of 70,000 miles. 67-26-16-57 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (49b) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that City owned vehicles to be disposed of at this time be auctioned off rather than traded in on purchase of new equipment. 67-26-16-58 Motion by Councilman Kastman seconded by Councilman Granberry, motion carried, Mayor Rogers and (39) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay that the follow- ing Resolution be passed. RESOLUTION 17 JAN 12196 f n THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a LEASE AGREEMENT attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. A Passed by the City Council this 12th day of January, 1967. "v • yt,/ W. D. ROGERS, JR., ATTEST: i LAVENIA LOWE, City Secretar -Treasurer. APPROVED: /s/ Fred 0. Seater, Jr. FRED 0. SENTER, JR., City Attorney LEASE AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I This agreement made this 12th day of January, 1967, by and between the City of Lubbock, a Home Rule Municipal Corporation of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized, herein called "Lessor", and the Community Action Board of Lubbock County, Inc., a corporation duly authorized and existing under the laws of the State of Texas, acting by and througi D. M. McElroy its President, hereunto duly authorized, herein called "Lessee". WITNESSETH 1. THAT Lessor does by these presents lease and devise unto Lessee a certain building known as the Mae Simmons Party House, lying adjacent to the Southwest -corner of the Mae Simmons swimming pool area in Mae Simmons Park, said park being situated in Lubbock County, Texas, and said building more particularly described as follows, to -wit: The Southwest corner of said building being located 196' North of the center line of East Twenty -Forth Street and 248' West of the center line of Quirt Avenue. The building then extends 63' to the North and 22' West from this corner and contains 1386 square feet of floor space, including restroom facilities for both men and women. 2. This lease shall be for a term of one year, and Lessee, in consideration of the use of the above described building, agrees to pay Lessor the sum of One and No/100 Dollars, payable in advance. 3. Lessor may terminate and cancel this Lease, with or without cause, at any time after thirty days' (30) notice to Lessee. 4. Lessee covenants and agrees that this Lease agreement will not be transferred, assigned, or sub -let, in whole or in part, except upon written consent of the City Council of the City of Lubbock. Lessee further covenants and agrees that no permanent improvements of any kind will be affixed to said building in such a manner that their removal might cause a defacing of the building and Lessee also agrees that after termination of this lease by cancellation, lapse of time, mutual agreement of the parties hereto, or otherwise, that Lessee shall peacefully yield up possession of the premises in good condition except for ordinary wear and tear. 5. Lessee further agrees, binds and obligates itself to at all times defend, indemnify and other- wise save harmless the Lessor, its agents, servants, and employees of and from all claims, demands, causes of action and suits at law or in equity of whatsoever kind or nature which may arise out of or is connected in any way with the making of this Lease and the operation and use by Lessee of the Premises herein leased. 6. Lessee hereby covenants and agrees to carry public liability and property damage insurance with limits of $50,000 for each person and $100,000 for each accident for personal injuries and $5,000 for each accident for property damage, all of said insurance covering the maintenance, operation, and use of the premises herein leased by Lessee, its representatives, agents, servants, and employees. WITNESS OUR HANDS this 12th day of January, 1967. ATTEST* r LAVENIA LOWE, City ecret -Treasurer Community Action Board of Lubbock County, 1.8 An 12 1967 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, JANUARY 12, 1967. ATTEST: LAVENA LOWE, City Secretary -Treasurer READ AND APPROVED THIS THE 26TH DAY OF JANUARY, 1 ATTEST: 44 LAVEN LOWE, City ec tary-Treasurer