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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/196798 MAR 2 3 1967 March 23, 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., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson, and City Secretary -Treasurer Lavenia Lowe. Absent: None 67-26-98-263 Invocation was given by Councilman Ray J. Diekemper, Jr. (1) 67-26-98-264 Motion by Councilman Diekemper, seconded by Councilman Kastman, 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 March'9, 1967. 67-26-98-265 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (3) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize approval of Minutes of Accounts Allowed for the month of February, 1967. VOUCHERS FOR FEBRUARY 1967 CHECKED BY COUNCILMAN, W. E. MEDLOCK, MARCH 20, 1967 General Fund 9288 - 9889 Auditorium Operational 4017 - 4068 City Special (BCD) 96 Sewer Pro Rata 972 - 978 Tax Certificate 101 Reserve & Insurance Premium Payment 865 - 873 College Avenue 90 Social Security 51 Waterworks Revenue 9198 - 9292 Water Capital Projects 1321 - 1349 Water Pro Rata 1416 - 1424 Water Treating & Softening 64 - 66 Airport Revenue 3366 - 3491 Traffic Light 293 - 295 Park 1044 - 1064 Street Improvement 1775 - 1791 Interest & Sinking Fund 215 - 217 Storm Sewer 624 - 634 Street Light 453 - 469 Sanitary Sewer 823 - 825 Working Capital Fund 2286 - 2539 Electric Revenue Fund 1397 - 1568 67-26-98-266 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (4) and Councilmen Granberry, Kastman, Diekemper voting Yea, none voting Nay, that Ordinance No. 5209 be passed on second and final reading. Councilman Medlock was absent at the time of this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5209 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: Fire Station Bond Fund The sum $72,400.00 For the following purpose: For the construction of a fire station at 50th Street and Utica Avenue including architects fees and appurtenances. 67-26-98-267 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (5) and Councilmen Granberry, Kastman and Diekemper voting Yea, none voting Nay, that Ordinance No. 5210 be passed on second and final reading. Councilman Medlock was absent at the time of this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5210 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, MAR 2 3 1967 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 $9,074.31 For the following purpose: Adjustment of 10" HIP Pioneer Natural Gas Company line across U.S. Highway 87 at Chaparral Road. Loop 289 Highway Project RW783-2-2, GWO 10577. This is an actual cost utility adjustment and is not covered by separate utility adjustment agreement. 67-26-99-268 Motion by Councilman'Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and (6) Councilmen Granberry, Kastman and Diekemper voting Yea, none voting Nay, that Ordinance No. 5212 be passed on second and final reading. Councilman Medlock was absent at the time of this motion. 67-26-99-269 (7) h ,rs bb a� a� G a m m a a . co W co W a, -1- �4 Ln (V�a - cv rn c� b� u 67-26-99-270 (11) 67-26-99-271 (12) AN APPROPRIATION•ORDMANCE. ORDINANCE NO. 5212 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 $37,500.00 For the following purpose: To acquire Parcel No. 8, College Avenue, from A. C. Hull and Joy Riddle, et al., Location is 2502 23rd Street. Legal description is Lot 22, Block 19, Ellwood Place Addition. Award of the Special Commis- sioners in Condemnation, Cause No. 858,•County Court at Law No. 1 was $37,500.00. GWO 10495 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry,. Kastman and Diekemper voting Yea, none voting Nay, that Ordinance No. 5213 be passed on second and final reading. Councilman Medlock was -absent at the time of this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5213 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 THEREFOn, 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 $2,000.00 For the following purpose: Supplement to Ordinance 5144 and Ordinance 5199. Acquisition of Parcel 3, College Avenue, from David Martin, et al. Location is 2501 20th Street (sometimes known as 2002 College). Legal description is Lot 1 and the East 28 feet of Lot 2, Block 6, Ellwood Place, an Addition to the City of Lubbock, Lubbock County, Texas, Save and Except that part of said Lot 1 previously conveyed to the City of Lubbock. Final consideration is $22,000.00. GWO 10495 Mr. Herman Green, District Engineer for the Atchison, Topeka and Santa Fe Railway Company, appear- ed before the City Council requesting that all railroad crossings on the main line of the railroad be of wood construction. Mr. Green stated to the -City Council that the Santa Fe prefers to use wood on all of their crossings. Motion was then made by Councilman Kastman, seconded by Council- man Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Med- lock voting Yea, none voting Nay, to authorize the railroad crossing -in Gary Avenue between the Clovis Road and North Loop 289 to be of wood construction. Mr. Green stated to the City Council that the railroad company will maintain and properly care for this crossing. The City Council stateo to Mr. Green that in the event this railroad crossi not maintained in good condition it 611Larry'd s°nJrn. WArngeysappeare �e remtie 8 t$a�oauncIt represen€ing Mr. J. C. Davis and requesting that Mr. Davis be allowed to appear for a paving hearing in connection with the paving of alleys in the vicinity of Avenue P and 59th Street. This alley paving being on the City's program on which hearing was held January 25, 1967. Mr. Gibbs stated that Mr. Davis did not receive notice as the paving notice was sent to the wrong address. Motion was then made by Council- man Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Gran- berry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize removal from the 1967 Paving Program the following two units: Unit No. A-391, Sub -Unit 28.being the east -west alley between 58th and 59th Streets from the west property line of Avenue P to 135 feet west of the west property line of Avenue P. Unit No. A-391, Sub -Unit 29 being -the east -west alley between 59th Street and 60th Street from the west property line of Avenue P to 130 feet west of the west property line of Avenue P. 67-26-99-272 Rev. Bert Homer, Pastor of the Twenty-fifth Street Baptist Church, appeared before the City Council (13) requesting an opening in the median at 25th Street. After discussion of all information, motion was made by Councilman Granberry and seconded by Councilman Medlock that this request be granted for an opening in the median on College Avenue at 25th Street. The vote was as follows: Council- men Granberry and Medlock voting Yea, Mayor Rogers and Councilmen Kastman and Diekemper voting Nay. This motion did not carry. #I MAR 2 3 1987 67-26-100-273 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman and Diekemper voting Yea, none voting May, that Ordinance No. 5219 be passed on first reading. Councilman Medlock was absent at the time of this motion. ORDINANCE NO. 5219 AN ORDINANCE AUTHORIZING AND REQUESTING THE DESIGN AND CONSTRUCTION OF A CONCRETE MEDIAN BY THE TEXAS HIGHWAY DEPARTMENT ON WEST 19TH STREET EXTENDING FAST -WEST BETWEEN ORLANDO AVENUE AND QUAKER AVENUE; DEFINING THE -TERM "MEDIAN DIVIDER"; AUTHORIZING SUCH WARNING AND DIRECTIONAL SIGNS, DEVICES, STRUCTURES 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. 67-26-100-274 Motion by Councilman Kastmari, seconded by Councilman Granberry, motion carried, Mayor Rogers and (16) Councilmen Granberry, Kastman, and Diekemper voting Yea, none voting Nay, that Ordinance No. 5220 be passed on first reading. Councilman Medlock was absent at the time of this motion. ORDINANCE NO. 5220 AN ORDINANCE REPEALING ORDINANCE NO. 5194, AND AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO -WIT: PORTIONS OF U. S. HIGHWAY 87 (AVENUE A), WEST 19TH STREET, BROWNFIELD ROAD, AND WEST 4TH STREET, AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAV- INGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 67-26-100-275 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (17) Councilmen Granberry, Kastman and Diekemper voting Yea, none voting Nay, to authorize approval of the price and conditions for the disposition of the following described property: 1. North 25' of Lot 13, Block 2, Wheelock Second Addition from the Urban Renewal Agency to Fannie Price for $650. This 25' tract of land will be used to increase the size of Miss Price's present lot from 50' to 751. 2. South 25' of Lot 13, Block 2, Wheelock's Second Addition from the Urban Renewal Agency to Leon Scott for $650. This 25' tract of land will be used to increase the size of Mr. Scott's present lot from 50' to 75'. Councilman Medlock was absent at the time of this motion. 67-26-100-276 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (18) Councilmen Granberry, Kastman and Diekemper voting Yea, none voting Nay, that the following Resolution be passed. Councilman•Medlock was absent at the time of this motion. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF 19TH STREET 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 the Texas Highway Department has entered into contract with Henry L. Stafford and E. M. Bailey for the making and construction of the outermost curb and gutter improvements on portions of 19th Street in said City including the following: The North Side of 19th Street from -its intersection with the West curb line of Elkhart Avenue to its intersection with the East Right of Way Line of Loop 289, known and designated as Sub Unit Number 1 of Unit Number 2166; 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 of Loop 289, known and designated as Sub Unit Number 2 of Unit Number 2166; AND WHEREAS, the improvements upon the said portions of the abovementioned highway have been inspected and found to have been constructed in accordance with terms of said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned highway be and the same are hereby accepted. 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 19th Street listed above and against the owners of such property in accor- dance 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 after its -passage. MAR 2 9 7 PASSED AND APPROVED THIS 23RD DAY OF MARCH, 1967. ATTEST: lira a IAVENTK LOWE, City Secret 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: March 23, 1967 I have examined the curb and gutter improvements constructed by Henry L. Stafford and E. M. Bailey, paving contractor, under their contract with the Texas Highway Department and find the improvements on 19th Street from Dover Avenue to the East Right of Way Line of Loop 289 (West) as listed on the final assessment sheets to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said 19th Street, authorizing the issuance of assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE Accepted March 23, 1967 QUANTITIES _ Unit & L.F. Sub -Unit Location C & G 2166-1 19th Street from the West Curb Line of Elkhart Avenue to the East R.O.W. Line of Loop 289 2166-2 19th Street from the West Curb Line of Dover Avenue to the East R.O.W. Line of Loop 289 Total. COST ESTIMATE 3,246.94 L.F. of Curb and Gutter @ $1.35 $4,383.38 COST DISTRIBUTION Unit Contract No. Cost 2166-1 2166-2 $ 1,756.54 2_,_62.6_-84 Total $ 4,383.38 1,301.14 1,945.80 3,246.94 67-26-101-277 Motion by Councilman Kastman, seconded by Councilman Diekemper,'motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5221 be passed on first reading. A reduction being made in the amount of $5,000 in this appro- priation ordinance because of a previous appropriation ordinance having been passed in this amount to cover engineering fees.. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5221 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 $160,834.38 For the following purpose: To widen College Avenue between 19th Street and 34th Street Bid - Kerr Construction Co. $ 149,107.50 24,000 S.Y. of caliche 8,330.00 East -west sidewalk adjustments 500.00 $ 157,937.50 102 MAR 2 3 1967 $ 165,834.38 Less previous appropriation 5,000.00 $ 160,834.38 67-26-102-278 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (20) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5222 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5222 WHEREAS, the City Council of the City of Lubbock finds -it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund,to-wit: Storm Sewer Bond Fund The sum $25,500.00 For the following purpose: To construct a storm sewer on College Ave. from 20th Street to 25th Street 390 ft. 18" R. C. pipe Class II 450 ft. 24 " R. C. pipe Class II 732 ft: 30" R. C.-pipe Class II 648-ft. 36" R. C. pipe Class II 372 ft. 42" R. C. pipe Class II $ 10,750.00 19 - 10 ft. Inlets 6,650.00 Labor & Engr. �82100.00 $ 25,500.00 67-26-102-279 Mr. James G. Marshall of 2217 24th Streets appeared before the City Council requesting that (20a) action be held on construction of the paving of College Avenue and installation of storm sewer extension in College Avenue in the vicinity of 20th to 25th Streets until a study was made as to enlargement of the storm sewer between 19th and 30th Streets. Mayor Rogers informed Mr. Marshall that the size of these storm sewer lines have already been designated by the City Council after a thorough study of this area. 67-26-102-280 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and (21) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize publication of Notice to Bidders for the 1967 Street Maintenance Program. The Seal Coat contract is to be awarded April 27, 1967. 67-26-102-281 The City Council considered the request of Lubbock Baptist Association that the City of Lubbock (22) participate in the extension of water service to the Buckner Addition. Motion was made by Council- man Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Gran- berry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize participation by the City of Lubbock in the cost of this water extension in accordance with the provisions of Section 34-58 of the City of Lubbock Ordinance Code. It being -stated to the City Council by the City Engineer that the City's cost will be in the amount of $3,340.88. 67-26-102-282 (23) 67-26-102-283 (24) 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. 5223 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5223 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond fonds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Capital Project Fund The sum $23,177.60 For the following purpose: Construct sanitary sewer lines ahead of alley and street paving at the following -locations: in College Ave. to the alley south of 19th St.; in the alley south of 19th St. from College Ave. to Ave. Z; in the alley north of Broadway from Ave. V to Ave.'W Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Eastman, Diekemper and Medlock voting Yea, none voting May, that Ordinance No. 5224 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5224 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: 10113 MAR 2 3 1967 There is hereby appropriated out of the following described bond -fund, to -wit: Water -Capital Project Fund The sum $20,916.75 For the following purpose: Move or replace water lines ahead of College Ave. paving from 19th Street to 34th Street 67-26-103-284 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (28) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5225 be'passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5225 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 Capital Projects Fund The sum $10,125.00 For the following purpose: To -complete payment to Colwell, Wentworth,,and Associates on Engineer- ing contract for Long-range plan for Distribution system. 67-26-103-285 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (27) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5226 be passed on first reading. ORDINANCE NO. 5226 AN ORDINANCE AMENDING CHAPTER 11, ENTITLED "ELECTRICITY" OF THE CODE OF ORDINANCES OF LUBBOCK, TEXAS; BY AMENDING SECTION 11-1 TO CHANGE THE RATES. CHARGED FOR ELECTRICAL SERVICES FOR IRRIGATION; DIRECTING PUBLICATION AND PROVIDING AN EFFECTIVE DATE FOR THE ORDINANCE. 67-26-103-286 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, to authorize appropriation from Electric Revenue Fund -in the amount of $281,142 for construction of a new electric sub -station to be located at 2905 and 2907 Erskine Street distributed as follows: Engineering $ 9,725 Sub -station construction & partial material (includes $20,000 labor) 201,500 Carrier 11,500 Co-op Sub -station and network transformers 27,417 Feeder Lines (from Erskine Sub.) 31,000 Total Appropriation $ 281,142 67-26-103-287 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5227 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5227 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 Bonds The sum $19,575.12 For the following purpose: For paving, curb, and gutter assessments at the following locations: 1. Street adjacent to Lewis Park, 54th & Ave. J $ 3,225.44 2. Street adjacent to Berry Park, E. 37th & Cedar Ave. 3,468.50 3. Streets adjacent to O.W. Ribble Park, 58th & Ave. U. 4,916.64 4. Streets adjacent to Higinbotham Park, W. 19th & Vicksburg 6,755.84 5. Street adjacent to Mae Simmons Park, E 24th & Quirt Ave. 393.91 6. Helen McLean Hodges Park, Marshall & N. College 814.79 $19,575.12 67-26-103-288 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yee,, none voting Nay, to authorize acceptance of the City of Lubbock Annual Audit conducted by Teague, Haynie and Company for the fiscal year October 1, 1965 through September 30, 1966 and publication of said audit. 67-26-103-289 The City Council considered abatement of nuisance on vacant lots within the city limits of the (34) City of Lubbock. 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 abatement of -said nuisance in accordance with Ordinance No. 1170. 14 MAR 2 3 1967 67-26-104-290 James G. Marshall appeared, before the City Council stating that the widening and paving of College (40a) Avenue between 19th Street and 34th Street will create additional run-off of storm water to the southeast. 67-26-104-291 Mr. Kent Wagonseller, member of the Parks and Recreation Board, appeared before the City Council (14) for discussion of Ordinance No. 5214 regulating activities in City parks. 67-26-104-292 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. 5214 be passed on second and final reading with changes as set out by the City Council in the ordinance. ORDINANCE NO. 5214 AN ORDINANCE AMENDING CHAPTER 19B OF THE CODE OF ORDINANCES ENTITLED "PARKS"; BY ADDING THERETO SECTIONS PROVIDING FOR UNLAWFUL ACTIVITIES WITHIN PARKS; PRESCRIBING A PENALTY FOR VIO- LATION, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. 67-26-104-293 Bids as follows were received for the purchase of 3,000 ft. of fire hose, being Bid No. 9697. (36 ) Bid Tabulation set-in Bid Book. Tie bids having been received from Eureka Fire Hose Company - Dallas and W. H. Lumpkin - Dallas, lot was drawn by Councilman Granberry and motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of W. H. Lumpkin for the purchase of 3,000 ft. of fire hose. This being the name of the bidder drawn by Councilman Granberry. 67-26-104-294 Bids as follows were received for houses to be moved on College Avenue, being Bid No. 9707. (38 ) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was wade 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 bids as follows: Accept the bid of J. C. Robertson for purchase of the house to be moved from 2502 27th Street, being Parcel 16. Accept the bid of Henry Huneke for purchase of the house to be moved from 2501 20th Street, being Parcel 3. Accept the bid of Henry Huneke for the purchase of the house to be moved from 2501 21st Street, being Parcel 5A. 67-26-104-295 Bids as follows were received for houses to be moved from•College Avenue, being Bid No. 9710. (38a) 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 bids as follows: Accept the bid of Harold F. Priddy for the purchase of the house to be moved from 2502 28th Street, being Parcel 18. Accept the bid of Henry Huneke for purchase of the house to be moved from 2501 22nd Street, being Parcel 7. 67-26-104-296 Bids as follows were received for houses to be moved from•College Avenue, being Bid No. 9711. (38b) 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 bids as follows: Accept the bid of E. R. Sadler for purchase of the house to be moved at 2501 28th Street, being Parcel 19. Accept the bid of Billy Bounds for purchase of the house to be moved from 2501 23rd Street, being Parcel 9. 67-26-104-297 NOTICE TO BIDDERS (39 ) Sealed bids will be received in the office of Floyd Nesbitt, Purchasing Agent for the City of Lubbock until: Time: 4:00 P.M. Date: March 21, 1967 for the Concession rights at the following swimming Pools: I. Mae Simmons, 24th & Webber 2. Mackenzie - Mackenzie State Park 3. Rodgers - Amherst & Gary Ave. 4. Maxey - 30th & Nashville 5. K. N. Clapp - 46th & Ave. U The Concession rights consist of the sale of swimming pool accessories and refreshments. One bid will be required on all five (5) pools. Bids will be accepted on percent of gross receipts. High bidder may use vending -machines or over-the-counter concession. It should be designated in one's bid -which pools he will use vending machines and which pools he will operate as over-the-counter concession. All bids shall be on a 5 year.basis, and percent of gross receipts must be paid on the loth of each mouth for the preceeding month. The City reserves the right to control prices on all items sold and further reserves the right, to reject any and all 104A 67-26-104A-297A Motion was made by Councilman Medlock, seconded by Councilman Kastman, motion carried, Mayor Rogers (39a) and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea none voting Nay to pass a Resolution authorizing the Mayor to enter into contract with B. & M Vending Company. RESOLUTION 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 Contract Agreement to B & M Vending Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied here- with in detail. Passed by the City Council this 23rd day of March, 1967. ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK W. D. ROGERS, JR., Mayor LEASE -CONTRACT AGREEMENT THIS Lease and Agreement by and between the City of Lubbock, a Municipal Corporation, Lubbock County, Texas, hereinafter called Lessor, and B & M Vending Company, Inc.; 616 28th Street, Lubbock, Texas, hereinafter called Lessee: WITNESSETH Lessor, for and in consideration of the rental terms and covenants set forth below has and by these presents does demise, lease and let and contract with Lessee the concession rights on the premises situated in the County of Lubbock, State of Texas, described as follows: 1. Mae Simmons swimming pool - 24th Street and Webber Street. 2. MacKenzie swimming pool - MacKenzie State Park. 3. Rogers swimming pool - Amherst and Gary Avenue, 4. Maxey swimming pool - 30th Street and Nashville Street. 5. K. N. Clapp swimming pool - 46th Street and Avenue U. Intending to lease and let by this instrument only that portion of the park and swimming pool areas which is used for the operation of the concession stand. TO HAVE AND TO HOLD, use and enjoy that portion of the building and premises during the full term of this lease and Lessor covenants that Lessee shall enjoy quiet, peaceable, and uninterrupt- ed possession thereof during such term, subject however, to the following terms, covenants and agreements, to -wit: 1. The term of this Lease shall begin as of April 1, 1967, and extend for a period of five (5) years from this date to terminate on March 31, 1972. 2. As rental for said premises and as consideration for the concession rights at said swim- ming pools, Lessee agrees and obligates itself to pay to Lessor an amount equal to 28.5% of the gross sales made by Lessee on the leased premises under this Lease -Contract Agreement. Such sum shall be paid to Lessor by Lessee on or before the loth day of each month and such payment shall be based upon the gross receipts from such operation during the preceding month. Payment shall be made by Lessee to Lessor in its office in the park and recreation department, City Hall, Lubbock, Lubbock County, Texas. 3. It is agreed that all the provisions hereof are to be construed as covenants and agree- ments just as though the provisions of each separate paragraph hereof were stated as covenants and agreements. 4. Lessee may use the leased premises only for the operation of the concession rights in the buildings herein described. Such concession shall include the right to sell merchandise consistent with the operation of concession rights in public parks and shall include all types of swimming pool accessories, the rental of swimming suits, towels and refreshments. 5. Vending machines will be used exclusively at Mae Simmons pool, MacKenzie swimming pool, and Rogers swimming pool. Counter sales and/or vending sales may be used at K. N. Clapp swimming pool and Maxey swimming pool. Carbonated drinks, such as, but not limited to, Coca-Cola, Dr. Pepper, and related flavors, shall be available for sale in either counter sales or vending machines in all locations. Vending machines, when used, shall be serviced regularly and kept in working order at all times. When, in the opinion of Lessor, vending machines are not satisfactory, counter sales must be substituted. 6. All refreshments, including soft drinks, candy, and ice cream will be sold to all patrons at popular prices established in the City of Lubbock and shall not exceed 10 cents for soft drinks and 10 cents for each bar of candy or ice cream (package or cone). The only exception to such prices shall be in the event a commodity has been packaged with a different price printed on the package, then the printed price may prevail or prices may be expressly authorized by Lessor. 7. Lessee hereby agrees and obligates itself to operate the concession stands herein on the same schedule as the swimming pool where the concession is located. This schedule shall apply as to the hours to remain open as well as the number of days the concession stand is to be in opera- .J 8. The following sales, acts, or activities, among others, shall be prohibited on said leased premises: 1. The sale of, or permitting the use of, any alcoholic beverages. 2. The sale of, or the use of, any gambling device. 3. The sale of, or the use of, any commodity or amusement equipment which is morally de- grading. 4. The placing of amusement equipment outside of said lease building. 5. Permitting dancing within or outside of said building. 6. The sale of, or use of, any fireworks. 7. The sale of chewing gum or the sale of soft drinks in bottles. 9. Lessee binds and obligates itself to comply with all the rules and regulations of the City of Lubbock, Park and Recreation Commission, the State Park Board, and all ordinances of the City of Lubbock and laws of the State of Texas. Any violation of any of the above shall, upon demand of Lessor, constitute grounds for immediate removal by Lessee of all his equipment and property from the leased premises and grounds for cancellation of this agreement. 10. Lessor will pay for water and electric service to such leased premises but Lessee shall assume and pay for any other utilities used or contracted for on such premises. 11. Lessee shall install vending machines or amusement machines only at locations approved by Lessor prior to the installation of such machines. Repair work or alterations, such as re- moval of petitions, walls, or the installation of water lines or electrical conduits shall be at the sole expense of the Lessee and shall be undertaken only with the prior consent of Lessor. Upon termination or cancellation of this agreement, the leased premises must be restored to a condition as good as that upon execution of this agreement. Such restoration shall be at the expense of Lessee and must meet the approval of Lessor. 12. This lease and agreement shall inure to the benefit of and be binding upon the assigns, successors, heirs and legal representatives of the parties respectively and such agreement shall not be assigned by Lessee without the express consent of Lessor. 13. Lessee shall keep the leased premises and the grounds within a distance of 25' surround- ing said premises in a clean and sanitary manner, free from all papers, cups, sticks, and all other trash at all times. All trash and garbage shall be collected, placed in approved recept- acles and removed from the park at Lessee's expense. 14. Lessee shall not nail, bolt, or fasten in any manner to said building any advertise- ments or display signs and shall only erect signs or advertisements within the building in the locations and manner approved by Lessor. 15. lessee agrees, binds, and obligates itself to indemnify and forever hold harmless Lessor against each and every claim, demand or cause of action that may be made or come against it by any person or persons by reason of or in any way arise out of any injury to any person or persons or through any negligent act on the part of Lessee or any of its agents, any servants or employees in or about the said premises. 16. The violation of or any failure to meet any of the agreements, covenants or obligations stated herein, shall upon the option of Lessor, be grounds for cancellation of the lease -con- tract agreement. Lessor shall give notice in writing of such cancellation and demand possession and shall have the right to re -lease the premises herein for the remainder of the lease term and Lessor shall not be required to respond in damages to Lessee for any reason. 17. Lessee shall keep and maintain books and records in a good accounting manner, which shall be acceptable to Lessor, to assure complete accounting for all receipts and Lessor retains the right at all reasonable times, to inspect the leased premises and shall have the further right, by an authorized representative, to inspect the books and records of Lessee in regard to this agreement. 18. In the event the leased premises or any part hereof are totally destroyed or partially destroyed by fire, flood, storm,or inevitable accident and rendered unfit for use by Lessee, then Lessor shall have the right either to rebuild or repair or then to terminate this lease. The damage or destruction of any one of the concession stands shall not affect the rights and obligations arising hereunder as to the remaining concession stands. 19. Lessee shall have the right upon termination of this lease to enter the leased premises and remove any equipment, fixtures, and personal property placed therein only after approval of Lessor that all repairs and restorations necessary under this agreement have been made. 20. Lessee covenants that it or its successors or assigns shall and will at the expiration of said term peaceable yield up to said Lessor the above described premises in as good order and condition in all respects, reasonable wear and use thereof excepted, as the same are now. Executed this 23rd day of March, 1967. CITY OF LUBBOCK BY W. D. ROGERS, JR., Mayor LAVENIA LOWE, City Secretary -Treasurer B & M VENDING COMPANY, INC. BY: SECRETARY 105 MAR 2 3 1967 For further information you should contact Les Witcher, Supervisor of Pools, P02-6411, FKt 308 or Floyd Nesbitt, City Purchasing Agent, P02-6411 East 257, Specifications can be picked up from Floyd Nesbitt, Room 207, City Hall. This bid will be awarded on an all of none basis. Bids as follows were received for swimming pool concessions for a period of five years, being Bid No. 9698. 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 Councilmien Granberry,-Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of B & M Vending Company for swimming pool concessions for a period of five years. 67-26-105-298 NOTICE TO BIDDERS G.W.O. 10563 COLLEGE AVENUE - 19TH STREET TO 34TH STREET (40) 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. March 22, 1967, for the construction of approximately 24,000 S.Y. of asphalt paving, 15,000 L.F. of curb and gutter 3,750 S.Y. of concrete flat work, 17,000 S.Y. two -course seal coat and related construction for the City of Lubbock, Texas. The City Council will considei the bids on March 23, 1967, 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 sub- mitted. 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 con- tract 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. CITY OF LUBBOCK, TEXAS By: W. D. Rogers, Jr., Mayor ATTEST: Lavenia Lowe, City Secretary -Treasurer Bids as follows were received for widening and paving of College Avenue from 19th Street to 34th Street, being G.W.O. 10563. Bid Tabulation set in Bid Book. After consideration of all bids received, 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, to authorize acceptance of the bid of Kerr Construction Company for the widening and paving of College Avenue from 19th Street to 34th Street. The Mayor being hereby authorized to enter into contract. 67-26-105-299 Bids as follows were received for the purchase of chemicals for the Water Treatment Plant for (37) Canadian River Water, being Bid No. 9685. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of T and T Supply Company - Bid Springs for chemicals for the Water Treatment Plant for Canadian River Water. 67-26-105-300 Bids as follows were received for the purchase of chemicals for the Water Treatment Plant for (37a) Canadian River Water, being Bid No. 9627. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Thompson -Hayward Chemical for the purchase of 50 tons of liquid chlorine. Accept the bid of T and T Supply Company for the purchase of 50 tons of powdered activated carbon. Accept the bid of Weskem Corp. - Odessa for the purchase of 500 pounds of sodium Hexametaphosphate It being found that all bids for 200 tons of quicklime were tie bids, lot was drawn by Councilman Granberry. The bid of Austin White Lime Company was drawn by Councilman Granberry and therefore accepted. 67-26-105-301 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (32) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that an increas of 1<- be authorized in the price of rides charged by Sam Caplan in the amusement park center in Mackenzie Park. This being the recommendation of the Parks and Recreation Board. This increase being effective immediately. 67-26-105-302 Mr. David C. Casey appeared before the City Council representing the First Baptist Church requestinE (14a) permission to recess the curb line adjacent to Lots 20 and 21, Block 55, Overton Addition in order to create additional head -in parking spaces. Motion was then made by Councilman Kastman, seconded. by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Nedlock voting Yea, none voting Nay, to authorize this request to be granted subject to proper zoning being secured by the Church. This work to be done at the expense of the First Baptist Church and under the direction of the City Engineer. IM VAR 2 3 1967 67-26-106-303 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (26) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize purchase of Parcel 16, Lot 17, Ithica Addition, being 2316 Indiana Avenue from Mr. and Mrs. Billy Suggs and Mr. and Mrs. Hoppes in the amount of $15,500. This being for the widening of Indiana Avenue from 19th Street to 34th Street - G.W.O. 10519. 67-26-106-304 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (26a) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize negotiation by the City of Lubbock Right of Way Department for property located at 3402 - 31st Street, being Parcel 33, Lot 20, Block 1, Cooper Addition with Mr. and Mrs. Gary Pittman in an amount not to exceed $15,000. This property needed for the.widening of Indiana Avenue from 19th Street to 34th Street - G.W.O. 10519. 67-26-106-305 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers (26b) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5228 be passed on first reading. ORDINANCE NO. 5228 AN APPROPRIATION -ORDINANCE WHEREAS, The City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT FUND The Sum $30,500.00 For the following purpose: To acquire Parcels 16 and 33, Indiana Avenue. GWO 10519. Parcel 16 is 2316 Indiana Avenue or Lot 17, Ithica Addition, and is owned by Mr. & Mrs. Billy Suggs and Mr. & Mrs. Hoppes. Consideration is $15,500.00. Parcel 33 is 3402 - 31st Street or Lot 20, Block 1, Cooper Addition and is owned by Mr. & Mrs. Gary Pittman. Consideration is $15,000.00 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MERTING, March 23rd, 1967. wiy_i LAVENIA LOWE, City Secretary -Treasurer READ AND APPROVED THIS THE 13TH DAY OF APRIL, 1967 ATTEST: LAVE A LOWS, City Secretary -Treasurer