Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 6/8/19671.1-(7 JUN 8 1967 June 8, 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 67-26-178-512 Invocation was given by City Engineer Samuel W. Wahl. (1) 67-26-178-513 Motion by Councilman Medlock, 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 May 24, 1967; Regular Meeting held May 25, 1967, 67-26-178-514 Motion by -Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (3) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to author- ize approval of Minutes of Accounts Allowed for the month of April, 1967, checked by Councilman Diekemper. 67-26-178-515 (6) 67-26-178-516 (7 ) VOUNCHERS FOR APRIL 1967 CHECKED BY COUNCILMAN, RAY DIEKEMPER, JUNE 6, 1967 General Fund 524 - 1140 Auditorium Operational 4119 - 4161 City Special BCD 98 Paving 23 Personal Appearance Bond 125 - 126 Reserve and Insurance Premium Payment 877 - 881 Sewer Pro Rata 984 - 987 Tax Certificate 102 Undistributed 305 - 307 Airport 3440 - 3478 Fire Station Building 46 - 47 Sanitary Sewer 828 - 833 Street Light 474 - 483 Interest and Sinking 218 - 219 Water Treatment and Softening Plant 72 - 73 Storm Sewer 639 - 651 Street Improvement 1807 - 1826 Park 1093 - 1116 Water Revenue 9412 - 9505 Water Pro Rata 1435--- 1445 Water Capital Projects 1392 - 1431 Electric Revenue 1780 - 2006 Electric Capital Projects 580 - 581 Working Capital 2839 - 3122 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5265 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5265 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 $11, 000.00 For the following purpose: Acquisition of Parcel 31, Indiana Avenue Right of Way project. GWO 10519. Parcel 31: Owner is H. R. Lankford, Sr., et al. Address is 3402 30th St. Legal description is Lot 20, Block 4, Woodlawn Addition. Consideration is $11,000.00. Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock, voting Yea, none voting Nay, that Ordinance No. 5266 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5266 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; 1/ JUN 81967 67-26-179-517 (8) 67-26-179-518 (9) 67-26-179-519 (10) NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Fund The sum $2,000.00 For the following purpose: To move the old Carver Heights Community Center Building to the park shop area in Mackenzie Park to be used to construct a utility building for the Park & Recreation Department employees. Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5267 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5267 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:' There is hereby appropriated out of .the following described bond fund, to -wit: Park Fund The sum $4,000.00 For the following purpose: To construct mercury vapor lights along Oak Avenue through Mae Simmons Park - from 19th Street to East 24th Street. Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5268 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5268 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 $51,000.00 For the following purpose: For all equipment, materials and labor necessary to construct an auto- matic water system on a portion of K. N. Clapp Park at 46th & Avenue U. and J. B. Maxey Park at 24th Street & Quaker Ave. Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5256 be passed on second and final reading. ORDINANCE NO. 5256 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1467: CHANGE LOTS 2 THRU 6, KEETON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT. 67-26-179-520 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5257 be passed on second and final reading. Ordinance No. 257 amended Ordinance ORDINANCE NO. 5257 No. 4466. AN ORDINANCE AMENDING ORDINANCE NO. 4466, ZONE CASE NO. 1247, ON BLOCK 2, RYNE SIMPSON QUIRT AVENUE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY DELETING CONDITION NO. 2. 67-26-179-521 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (12) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5258 be passed on second and final reading. ORDINANCE NO. 5258 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1469: CHANGE A PART OF LOT 3 PADGETT- MARSHALL SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-2" TO -A "C-3" ZONING DISTRICT: 67-26-179-522 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (13) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5259 be passed on second and final reading. = J ORDINANCE NO. 5259 AN ORDINANCE AMENDING ZONING ORDINANCE NO.-1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK ..n •n -^ .1. 11- -1- - T-IV-- n11*%T-"- 1^%T" nAf4" XTA ILEA. /TTTA%T^T1 A TTA^'P /1l7 TAIkTTf f%TTM f%V 0Vf1'r Tf,%T UN 8 t967 67-26-180-523 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (14) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5260 be passed on second and final reading. ORDINANCE NO. 5260 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE'OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1465: CHANGE THE SOUTH 225' OF BLOCKS 18, 19, AND 20, MODERN MANORS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A 'PC-2A" ZONING DISTRICT; SUBJECT TO CONDITIONS. 67-26-180-524 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, -none voting -Nay, that Ordinance No. 5261 be passed on second and final reading. ORDINANCE NO. 5261 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1466: CHANGE LOTS 1 THRU 21 AND TRACTS A THRU D, AS SHOWN ON THE PRELIMINARY PLAT OF WEST WIND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-23, "R-3" AND "C-3" ZONING DISTRICT AS INDICATED, SAID PLAT BEING ON FILE IN THE OFFICE OF THE SECRETARY OF THE PLANNING AND ZONING COMMISSION,-2ND FLOOR, CITY HALL, LUBBOCK, TEXAS: CHANGE LOTS 1-21 TO "R-2", CHANGE TRACT D TO "R-3 ", CHANGE TRACTS A, B, AND C TO "C-311; SUBJECT TO CONDITIONS. 67-26-180-525 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (16) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting May, that Ordinance No. 5262 be passed on second and final reading. ORDINANCE NO. 5262 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY CHANGING SECTION 2.117 DEFINING TRAILER COACHES; CHANGING SECTION 2-18 DEFINING ACCESSORY BUILDING; CHANGING SECTION 15.1-1-4-1 GOVERNING TRAILER COACHES; ADDING A NEW SECTION 15;1-1-4-3 GOVERNING TRAILER COACHES; AND ADDING A NEW SECTION 19.6-2-11 GOVERNING TRAILER COACHES. 67-26-180-526 Motion by Councilman Diekemper, seconded'by Councilman Medlock, motion carried, Mayor Rogers and (17) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5263 be passed on seco and fin= reading. ORDINANCE NO. 5263 (6/8/67) amended ORDINANCE NO. 5263 Ordinance No. 5219 (4/13/67) AN ORDINANCE AMENDING ORDINANCE NO. 5219 SO AS TO CLARIFY THE INTENT OF SUCH ORDINANCE TO REQUEST THE DESIGN AND CONSTRUCTION OF A CONTINUOUS CONCRETE MEDIAN BY THE TEXAS HIGHWAY DEPART- MENT ON WEST 19TH STREET EXTENDING EAST -WEST BETWEEN ORLANDO AVENUE AND QUAKER AVENUE AS MORE PARTICULARLY DESCRIBED IN SAID ORDINANCE. 67-26-180-527 Motion by Councilman Kastman, seconded by Councilman Medlock; motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of Revised Site Plan - Zone Case No. 1099, being the southwest corner of 50th Street and Indiana Avenue which will allow buildings within 60' of 50th Street. 67-26-180-528 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (20) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, n6ne voting Nay, that Ordinance No. 5270 be passed as an emergency measure. ORDINANCE NO. 5270 AN ORDINANCE AMENDING ORDINANCE NO. 4656 BY AUTHORIZING THE LIMITING OF VEHICLE PARKING TO THIRTY MINUTES AT DESIGNATED LOCATIONS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING A SAVING CLAUSE; AND DECLARING AN EMERGENCY. 67-26-180-529 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, that the follow- ing Resolution be passed. RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with High Plains Pavers, Inc. (G.W.O. 10555) 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 M and Avenue N from its intersection with a line 30 feet South Property Line of 9th Street to its intersection with a line 21.5 feet South of the North Property Line of loth Street known and designated as Sub -Unit Number'6 of Unit Number A-391. The East-West alley between 13th Street and 14th Street from its intersection with a line 12 feet East of the West Property Line of Avenue X to its intersection with a line 45(1 feet West of the West Property Line of Avenue X known and designated as Sub -Unit Number 16 of Unit Number A-391. The East-West alley between 27th Street and 28th Street from its intersection with a line 12 feet East of the West Property Line of Avenue P to its intersection with a line 275 feet West of the West Property Line of Avenue P known and designated as Sub -Unit Number 24 of Unit Number A-391. The East-West alley between 49th Street and 50th Street from its intersection with the West Pro- 181 JUN 8 196, the North -South alley West of Avenue W known and designated as Sub -Unit Number 30 of Unit Number A-391. 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. 10555). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and.the proceedings with reference to said improvements and assessments where such.assessments were levied. This resolution shall take effect and be in forcis and r its passage. PASSED AND APPROVED THIS 8TH DAY OF JUNE 1967. {']� ATTEST• LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: is/Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: W. D. ROGERS, JR., June 8, 1967 I have examined the paving improvements constructed by High Plains Pavers, Inc., paving contractor under their contract dated November 22, 1966, designated as G.W.O. 10555 and find the improvements on the North -South alley between Avenue M and Avenue N from 9th Street to loth Street, the East- West alley between 13th Street and 14th Street from Avenue X to 150' East of College Avenue, the East-West alley between 27th Street and 28th Street from Avenue P to 275' West of Avenue P and the East-West alley between 49th Street and 50th Street from Avenue W to the North -South alley West of Avenue W as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said alleys, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City ,of Lubbock and issue assignable certificates against property owners for the respective amounts 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 G.W.O. 10555 Accepted June 8, 1967 QUANTITIES S.Y. Unit & L.F. Alley Sub -Unit Location C & G Paving A-391-6 The N-S alley between Ave. M & Ave. N from 55.00 30' S. of SPL of 9th St. to 21.5' S. of NPL of 10th St. 282.22 A-391-16 The E-W alley between 13th St, and 14th St. 36.00 517.33 from 12' E. of WPL of Ave. X to 450' W. of WPL of Ave. X A-391-24 The E-W alley between 27th'St. and 28th St. 36.00 332.56 from 12' E. of WPL of Ave. P to 275' W. of WPL of Ave. P A-391-30 The E-W alley between 49th St. and 50th St. 713.89 from the WPL of Ave. W to the N-S alley W. of Ave. W 182 UN 8 1961 67-26-182-530 (22) COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW A-391-6 2,020.85 1,323.68 697.17 A-391-16 3,584.44 3,159.79 424.65 A-391-24 2,328.01 1,340.77 987.24 A-391-30 4,854.45 2,430.64 2,423.81 TOTALS $ 12,787.75 $ 8,254.88 $ 4,532.87 COST ESTIMATE 127.00 L.F. Curb & Gutter @ $1.85 $ 234.95 1,846.00 S.Y. Alley Paving @ $6.80 _ 12,552.80 CONTRACT COST $ 12,787.75 Motion by Councilman Diekemper, seconded by Councilman Medlz)ck, motion carried, Mayor Rogers and 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 STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Pioneer Pavers, Inc. (G.W.O. 2907) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 23rd Street from its intersection with a line 6-feet East of the East Property Line of Quaker Avenue to its intersection with a line 18 feet West of the West Property Line of Peoria Avenue known and designated as Sub -Unit Number 70 of Unit Number 2145. 22nd Street from its intersection with a line 17 feet West of the East Property Line of Oxford Avenue to its intersection with the West Property Line of Nashville Avenue known and designated as Sub -Unit Number 71 of Unit Number 2145. Oak Avenue from its intersection with a line 1 foot South of the South Property Line of East 19th Street to its intersection with a line 3 feet North of the South Lip Line of Idalou Road known and designated as Sub -Unit Number 1 of Unit Number 2146. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2907). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements 'on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's-portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such pro- perty 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. III. This resolution shall take effect and be in force from and after PASSED AND APPROVED THIS 8TH DAY OF JUNE, 1967. ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: 1s_/ _Samuel W. Wahl SAMUEL W. WAHL, City Engineer W. D. rs passage. ., or iJK • APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 1-8 jUN 8 1967 MW VM Honorable Mayor and City Council Lubbock, Texas Gentlemen: June 8, 1967 I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor under their contract dated February 10, 1966, designated as G.W.O. 2907, and find the improvements on 23rd Street from Quaker Avenue to Peoria Avenue, 22nd Street from Oxford Avenue to Nashville Avenue, and Oak Avenue from 19th Street to Idalou Rd. as listed on the final estimate and assess- ment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the con- tractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective pro- perties. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2907 Accepted June 8, 1967 OUANTITIES S.Y. S.Y. L.F. Unit & Location Paving L.F. Alley 12" C & G Sub -Unit 6" Base C & G Return 2145-70 23rd St. from 6' E. of the EPL of 1,932.44 1,071.80 15.20 Quaker Ave. to 189 W. of the WPL of Peoria Ave. 2145-71 22nd St. from 17' W. of the EPL 2,270.42 1,183.80 8.00 of Oxford Ave. to the WPL of Nashville Ave. 2146-1 Oak Ave. from 1' S. of the SPL 1,533.42 689.91 14.11 of E. 19th St. -to 3' N. of the SLL of Idalou Rd. TOTALS 5,736.28 2,945.51 COST ESTIMATE 22.11 15.20 5,736.28 S.Y. Paving 6" Base @ $1.72 $ 9,866.40 2,945.51 L.F. Curb & Gutter @ $1.60 4,712.82 22.11 S.Y. Alley Return @ $6.00 132.66 15.20 L.F. 12" Curb & Gutter @ $2.10 31.92 CONTRACT COST $14,743.80 COST DISTRIBUTION Property City to From Unit & Contract Owner Contractor Prepaid Sub -Unit Cost Cost NOW Paving 2145-70 5,070.60 2,942.27 646.28 1,482.05 2145-71 5,847.20 5,971.90 - 770.98 646.28 2146-1 3,826.00 2,802.45 133.22 890.33 TOTALS • $ 14,743.80 11,716.62 8.52 3,018.66 67-26-183-531 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (23) 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 ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and reso lutions and entered into contract with Pioneer Pavers, Inc. (G.W.O. 10502) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 34th Street .from its intersection with the West Property Line of Lot B, Greenlawn Addition to its intersection with a line 1025 feet East of the Southwest corner of Section 5, Block E-2, known and designated as Sub -Unit Number' 6 of Unit Number 2150. The South 1/2 of 50th Street from its intersection with a line 15 feet West of the West Property Line of Indiana Avenue to its intersection with a line 15 feet West of the West Property Line of Joliet Avenue, known and designated as Sub -Unit Number 1 of Unit Number 2154. The South 1/2 of 50th Street from its intersection with a line 18 feet West of the West Line of Kenosha Avenue to its intersection with a line 15 feet West of the West Property Line of Joliet Avenue, known and designated as Sub -Unit Number 2 of Unit Number 2154. 84 jUji 81957 The South 1/2 of 50th Street from its intersection with a line 11 feet West of the East Property Line of Orlando Avenue to its intersection with a line 16 feet West of the West Property Line of Memphis Avenue, known and designated as Sub -Unit Number 4 of Unit Number 2154. The South 1/2 of 50th Street from its intersection with a line 16 feet West of the West Property Line of Utica Avenue (S. Leg) to its intersection with the West Property Line of Lot 8-A, Sylvan Dell Heights, known and designated as part of Sub -Unit Number 5 of Unit Number 2154. The South 1/2 of 50th Street from its intersection with a line 16 feet West of the West Property Line of Utica Avenue (S. Leg) to its intersection with a line 15 feet West of the West Property Line of Wayne Avenue (South Leg) known and designated as Sub -Unit Number 6 of Unit Number 2154. The South 1/2 of 50th Street from its intersection with a line 60 feet West of the East Property Line of Slide Road (N. Leg) to its intersection with a line 15 feet West of the West Property Line of Wayne Avenue (South Leg) known and designated as Sub -Unit Number 7 of Unit Number 2154. 34th Street from its intersection with a line 7 feet West of the West Property Line of Frankford Avenue to its intersection with a line 1025 feet East of the Southwest corner of Section 5, Block E-2, known and designated as part of Sub -Unit Number 8 of Unit Number 2154. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10502). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in forc PASSED AND APPROVED THIS 8TH DAY OF JUNE, 1967. ATTEST: i LAVENIA LOWE, City Secret ry-Treasurer APPROVED: /a/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. FRED.O. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen: June 8, 1967 I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contrac- tor, under their contract dated February 10, 1966, designated as G.W.O. 10502 and find the improve- ments on 50th Street from Indiana Avenue to Slade Road and 34th Street from 405, West of Chicago Avenue to Frankford Avenue as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the im- provements on said streets and/or avenues, authorizing payment to the contractor the amount shown on'the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable 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 G.W.O. 10502Accepted June 8, 1967 UANTITIES Reinforced Sq. Yd S.Y. Gal. S.Y. S.Y. S.Y. 3011 Extra 9" Unit & Paving Extra L.F. Alley Valley Re-sur- Gutter Caliche Sub -Unit Location 9" Base Asphalt C & G Return Gutter facing L.F. Base 2150-6 34th Street. from the WPL of 8128.20 812.82 2199.58 22.22 I8�t JUN 81961 Ob- PW- 2154-1 2154-2 2154-4 Part of 2154-5 2154-6 2154-7 !Part of i 2154-8 The S 1/2 of 50th St. from 2518.21 516.94 52.54 268.83 109.00 15' W. of the WPL of Indiana Ave. (S. Leg) to 15' W. of the WPL of Joliet Ave. The S 1/2 of 50th St. from 3508.72 747.27 35.16 722.33 18' W. of the WPL of Kenosha Ave, to 15' W. of the WPL of Joliet Ave. The S 1/2 of 50th St, from 5034.89 1246.50 11.09 717.11 11' W. of the EPL of Orlando Ave. to 16' W of the WPL of Memphis Ave. The S 1/2 of 50th St. from 2164.01 506.40 820.11 16' W. of the WPL of Utica Ave. (S.Leg) to the WPL of Lot 8-A Sylvan Dell Hts. The S 1/2 of 50th St. from 4884.00 1136.10 1070.11 16' W. of the WPL of Utica Ave. (S.Leg) to 15' W..of the WPL of Wayne Ave . (S . Leg) -. The S 1/2 of 50th St. from 6819.21 1258.27 674.22 60' W. of the EPL of Slide Road (N.Leg) to 15' W. of the WPL of Wayne Ave. (S.Leg) 34th St. from 7' W. of the 8535.81 853.58 1056.91 217.29 WPL of Frankford Ave. to 1025' E. of the SW cor. of Sec. 5, Blk. E-2 67-26-185-532 (24) TOTALS 41,593.05 1,666.40 8,667.97 COST ESTIMATE 41,593.05 S.Y. Paving 9" Base 8,667.97 L. F. Curb & Gutter 109.00 L.F. Reinforced Curb & Gutter 22.22 S.Y. Alley Return 98.79 S.Y. Valley Gutter 217.29 S.Y. Extra Base 9" 4,272.71 . S.,Y. Resurface . 1,666.40 Gal. Extra Asphalt COST DISTRIBUTION 22.22 98.79 4,272.71 @ $2.00 @ $1.55 �a $1.80 @ $5.80 @ $6.15 @ $1.10 @ $1.20 @ $0.20 109.00 217.29 $ 83,186.10 13,435.35 196.20 128.88 607.56 239.02 5,127.25 333.28 CONTRACT COST $103,253.64 City to Pay Property Contractor From Unit & Contract Owner NOW Prepaid Sub -Unit Cost Cost Paving 2150-6 2154-1 2154-2 2154-4 Part of 2154-5 2154-6 2154-7 Part of 2154-8 TOTALS 19,957.19 9,962.50 4,907.04 5,087.65 6,679.59 878.08 5,802.51 9,258.73 4,191.70 5,067.03 12,930.59 6,877.02 6,053.57 6,097.08 2,292.35 3,804.73 12,813.09 6,833.37 5,979.72 16,397.80 8,933.63 7,464.17 _19,119.57, 5,378.48 13,741:09 $ 103,253,64 44,469.05 .47,894.43 10,890.16 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize approval of Change Order No. 6 to W.W.O. 11381, being the Water Treatment Plant. MUNICIPAL WATER TREATMENT PLANT LUBBOCK TEXAS EXTRA WORK ORDER NO. 6 R. B. Butler, Inc. Box 471 Bryan, Texas 1. GENERAL June 2, 1967 You are hereby authorized to execute certain changes and extra work under your contract with the City of Lubbock, Texas, dated April 15, 1965, for the construction of a water treatment plant. The extent of such changes and extra work shall be as described herein. Payment shall be made in accordance with Method B, Paragraph GC-50 of the project specifications. 2. VENETIAN BLINDS Venetian Blinds shall be furnished and installed in the two west windows of Control Room n6 N 8 1967 The lump sum price for furnishing and installing the venetian blinds is $42.13. 3. TYPEWRITER Furnish a Remington Rand Model 25 electric typewriter with 17-inch carriage and onehalf vertical space instead of the Smith -Corona typewriter specified. The lump sum price for furnishing the above typewriter is $232.88.- 4. TRASH CONTAINERS Furnish two "Dempster Dumpster" type trash containers. One container shall be located at the Control Building and the other container shall be located at the Chemical Building. The lump sum price for furnishing the two "Dempster Dumpsters" is $630.00. 5. PAINTING Paint exposed concrete beams in Chemical Building tower. The lump sum price -for paint- ing beams is $150.00. 6. SMALL TOOLS AND SHOP EQUIPMENT ALLOWANCE Excess cost not covered in Extra Work Order No. 5 for furnishing an electric timer and a "U" -tube manometer. The adjustment to be made in the contract price is therefore an increase of $60.26. 7. AUTOCLAVE INSTALLATION Provide electrical outlet for installation of autoclave -in laboratory of Control Building and install. The adjustment to be made in the contract price is therefore an increase of $149.50. 8. ADJUSTED CONTRACT PRICE The total amount of the contract shall be adjusted as indicated below: Original Contract Price $ 3,180,338.00 Adjustment in Pumping Unit Allowance - (4,580.00) Extra Work Order No. 1 + 133,571.00 Extra Work Order No. 2 + 2,401.00 Extra Work Order No. 3 + 655.10 Extra Work Order No. 4 + -1,745.70 Extra Work Order No. 5 + 6,779.58 Extra Work Order No. 6 + 1,264.77 - - - - - - - - - - - - - ADJUSTED - - - - - - - - - CONTRACT PRICE - - - - - - - - - $-3,322,175.15 - - - - - - - - - - - - APPROVED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By_ /s/ H. Bennett Reaves , Partner June 2 , 1967 APPROVED: R. B. BUTLER, INC. By /s/ Gordon T. Hill Vice President , _ June 5 _ , 1967 APPROVED: CITY OF LUBBOCK By Isl W. D. Ro ers Jr. , Mayor June 8 , 1967 67-26-186-533 Bids as follows were received for purchase of current transformers, being Bid No. 9808. (37 ) 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 Abbott's Meter Labora- tory for the purchase of current transformers. 67-26-186-534 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 the appointment of Mrs. Roy B. Bass as a member of the Child Welfare Board to replace Barbara Sommerville whose term expired June 1, 1967. Mrs. Bass's term for three years; term to expire June 1, 1970. This is a ten member board; other members being Mrs. A. T. Cocanougher, Tommy Davis, Rev. Andrew A. Jumper, Mrs. Melvin Deardorff, Ronald Yeager, Dr. Paul J. Woods, David Hughes, Dr. Paul Johnson, and Mrs. Jack-R-. Hall. 67-26-186-535 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize appointment of the following as members of the City and School Tax Equalization Board for the year 1967: Kenneth G. Wright Hulen J. Penny Robert H. McKelvy Alex K. Miller Weldon Gibbs Jack Claitor Shelton Berry Gordon H. Rose 67-26-186-536 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (31) Councilmen Granberry, Kastman, and Medlock voting Yea, Councilman Diekemper voting Nay, to author- ize the appointment of Mrs. Bill D. Blake as a member of the Parks and Recreation Commission to fill the unexpired term of Charles M. Whitson who resigned. Mrs. Blake's term to expire March 31, 1968. This is a five member board; other members being Dirk West, James Earl Walker, Henry L. Huneke and Kent Wagonseller. JUN 8 1967 EFR 67-26-187-537 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (34) 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 deficits at Green Fair Manor for the month of June, 1967. 67-26-187-538 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (38) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize b- lication of advertisement for purchase of one 44 M..W. steam turbine engine unit for Holl MbnEitr This to be a "turn key' job including labor, materials and installation. The purchase of this equipment being subject to approval of this expense by bond election to be held in November, 1967. 67-26-187-539 Motion by Councilman Kastman, seconded by -Councilman Diekemper, motion carried, Mayor Rogers and (36) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5271 be passed on first reading. ORDINANCE NO. 5271 AN ORDINANCE AMENDING CHAPTER 12 OF THE LUBBOCK CODE OF ORDINANCES BY ADDING A NEW ARTICLE VI REGULATING THE BUSINESS OF RECHARGE AND REPAIR OF FIRE EXTINGUISHERS: DEFINING "FIRE EXTINGUISHER SERVICE BUSINESS." AND DECLARING IT A MISDEMEANOR TO ENGAGE IN SUCH BUSINESS WITHOUT A LICENSE OR A CERTIFICATE OF COMPLIANCE: PROVIDING REQUIREMENTS FOR ACQUISITION OF -SUCH LICENSE OR CERTIFICATI OF COMPLIANCE; MAKING SUCH LICENSE OR CERTIFICATE NON -TRANSFERABLE AND REVOCABLE; PROVIDING FOR RIGHT OF APPEAL TO THE CITY COUNCIL; PROVIDING FOR ENFORCEMENT BY INJUNCTION; PROVIDING A PENALTY, PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING THE CITY SECRETARY TO PUBLISH A DESCRIPTIVE CAPTION. 67-26-187-540 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (40) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, the City Council has determined a need to develop a community shelter plan for the City of Lubbock as a measure of preparedness in the event of an emergency, and WHEREAS, the United States Army Corps of Engineers has agreed to assist in such development and to reimburse the City of Lubbock for expenses and services necessary to develop a community shelter plan as a part of our civil defense program; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The Mayor of the City of Lubbock is hereby authorized to negotiate and enter into, on behalf of the City of Lubbock, a contract with the United States Army Corps of Engineers for the develop- ment of a community shelter plan; such contract to have as its basis the proposal submitted to and approved by this Council. Passed by the City Council this 8th day of June, 1 i ATTEST: LAVEN IA LOWE, City Secret ry-Treasurer APPROVED: /s/ Fred 0. Senter_, Jr. FRED 0. SENTER, JR., City Attorney 67-26-187-541 (39 ) 67-26-187-542 (18) Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5272 be passed as an emergency measure. ORDINANCE NO. 5272 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "REGULATION OF AMBULANCES", BY AMENDING SECTION 31-52 TO PROVIDE FOR CLEARANCE OF DIRECT EMERGENCY CALLS; PRESCRIBING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICA- TION AND DECLARING AN EMERGENCY. NOTICE OF CITY COUNCIL HEARING Notice is hereby given to all interested persons that the City Council will hold a public hearing on the 8th day of June, 1967, at 1:30 P.M. in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas to consider the application of Franklin -Bartley Funeral Home, Inc. requesting a license to engage in furnishing emergency ambulance service from its proposed place of operation, 4302 34th Street, Lubbock, Texas. Agie'l,e LAVENIA LOWE, Cf6 SZZary-Treasurer City of Lubbock, Lubbock, County, Texas. In accordance with the above Notice of Public Hearing, hearing was held to consider the applica- tion of Franklin -Bartley Funeral Home, Inc. for license to furnish emergency ambulance service in the City of Lubbock. Mr. Edward W. Napier, Attorney for Franklin -Bartley Funeral Home, Inc. appeared before the City Council and presented a letter stating that this funeral home does not desire to and will not answer emergency calls made to the Fire or Police Departments unless they are requested to do so by the Police Department. Mr. Napier presented a petition to the City E88 MN 81967 Council containing approximately 442 names requesting that Franklin -Bartley Funeral Home; Inc. be issued a license to operate an emergency ambulance and also presented other information. After consideration of all information received, and upon agreement by Franklin -Bartley Funeral Home, Inc. to not respond to emergency calls unless requested by the Police Department, 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 Franklin - Bartley Funeral Home, Inc. be granted a permit to operate an emergency ambulance service under the terms of Ordinance No. 5272. 67-26-188-543 Mr. Ed.Elliott, Chairman of the Airport Board, appeared before the City Council and presented (5 & 33) recommendations of the Airport Board including traffic count and traffic flow on U. S. Highway 87 in the vicinity of the entrance to Lubbock Municipal Airport. Mr. Elliott also discussed pro- posed master plan for the Airport. Mr. Elliott stated in part: The aircraft population based at Lubbock Municipal Airport is now 190. Adequate hanger facilities are not available to house all the aircraft. With these factors among others in mind, the Airport Board sought proposals for a long range master plan including all economic data necessary to produce 20 years forecasts so that a long range development with phasing could be undertaken at the Airport. The specifications included in the request for proposals cover 12 pages and are very comprehensive and tailored to qualify under the HUD 701 program. The Airport Board received proposals from Hudgens, Thompson and Ball and Associates of Oklahoma City, Robert Cralle and Associates, Dallas, and Atcheson, Atkinson and Cartwright, Parkhill, Smith and Cooper of Lubbock in association with Ralph Burke, Inc. of Chicago. The Board has spent many hours in study of this master plan problem, have reviewed•the proposals submitted and have heard each group make direct presentation. After evalu- ation, the Board recommends to proceed immediately with the Master Plan Study and that the Board be authorized to enter into contract with Atcheson, Atkinson and Cartwright; Parkhill, Smith and Cooper in association with Ralph Burke as the lowest qualified bid and as the most competent and best bid. In order to fund -this contract the Airport Board in their recommended budget for 1967/ 68 has included $20,000 as the City's 1/3 of the over-all cost of the study. The bid of the recommended consultant was in the amount of $59,500. Mr. Edward L. Colby, Director of Aviation' for the Lubbock Municipal Airport, also gave information as to these projects. Motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the Airport Board to proceed with the master plan study and author- ize the Airport Board to enter into contract with Atcheson, Atkinson and Cartwright; Parkhill, Smith and Cooper in association with Ralph Burke, Inc. of Chicago, theirs being the lowest quali- fied bid and considered the most competent firms. The bid for these services being in the amount of $59,400. 67-26-188-544 The City Council reviewed the information presented by Mr. Elliott, Chairman of the Airport Board, (32) as to the traffic problem on U. S. Highway 87 in the vicinity of the Airport entrance and agreed that a dangerous situation does exist and immediate solution should be sought through the Texas ' Highway Department at Austin. 67-26-188-545 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (26) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Jack Dunn, Jr., 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► fglly copied herein in detail. Passed by the City Council this 8th day of June, 1967. W. D. ROGERS, JR., o ATTEST: r //xU aV-ENfA LOWE, City ecret ry-Treasurer APPROVED: Is/ Fred 0. Senter, Jr. FRED 0. SENTER, J�R., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This License is made the 8th day of June, 1967, between the City of Lubbock, a Home Rule Municipality, herein called "City" and Jack Dunn, Jr., herein called "Licensee ". WITNESSETH: THAT the parties hereto, for the consideration hereinafter expressed covenant and agree as follows: (1) In consideration of the sum of FIVE AND N0/100 ($5.00) DOLLARS per year, with the first year payable on execution of this instrument and a like sum payable on January 1, of each succeed- ing year for the duration of this license, and other good and valuable consideration, City hereby grants Licensee a license for the following purpose: To install and maintain underground electric nnnA..ito .-A nnl..rni ..na nr.r..i.... 1.1-^- 1...w...F1. .. . U1-9--11.... . J♦ 1.1.. r1... elf&_ ..F T..1..1.....1. T ..-.. 67-26-188-543 (5-33) L AGREEMENT CITr OF LUBBOCK, TEXAS AND ATCBESON, ATKMON & CAR'1WRIGHT, Architects -Engineers IABBOCK, TEXAS, and PARK�L, SMITH & COOPER, INC., Consulting Engineers LUBBOCK and EL PASO, TMS FOR ARCHITECTURAL EWi11iEE = SSW,= ON AIRPORT MUTER PLAN STATE OF TEXAS ) CO MY OF LUBBOCK } THIS AGRNT made, entered into and executed this the 1947, by and between the an trough CITr OF LUBBOCK, TEXAS, acting hereini the LUBBOCK MUNICIPAL AIRPORT BOARD hereinbefore duly authorized to so act for and in behalf of said CITY OF LUBBOCK by Minutes of the Jane 8, 1967 meeting, of the CITY COUNCIL of said CITY OF LUBBOCK, hereinafter called the "OWNER", and a joint venture of ATCAESON, AEON & CAF WRiGHT, Architects - Engineers, of Lubbock, Texas, and PAR Q=, SMITE & COOPER, INC., Consulting Engineers, of Lubbock, Texas, and El Paso, Texas, a corpo- ration in which all stockholders are registered professional engineers, hereinafter called the "ARCHMECT ENGINEER". WITNESSETH that, whereas the Omer requires a comprehensive Master Plan for the future development of the West Texas Air Terminal (Lubbock Municipal Airport), NOW THEWM, the Owner and the Architect -Engineer, in consideration Of the mutual covenants and agreements herein contained, do mutually agree as follows: -1_ commercial development. E. Airport Industrial Park Area: (1) Preparation of Master Plan including platting of areas recc=ended for industrial park development. (2) Recommendation as to kinds and types of industry to be sought and the economic feasibility of establishing such industries an the airport. - 8 - E 1_S JOIN 8 19E described as follows, to -wit: That portion of the Fast -West alley between 21st Street and 22nd Street, with the natural gas service line being approximately 70 feet and the electric conduits being approximately 80 feet west of the west right-of-way line of Knoxville Avenue. The top of such lines and con- duits shall be a minimum depth of 4 feet below the natural surface of the alley. A drawing of such construction is attached hereto and made a part hereof. V' (2) All crossings of the alley by lines and conduits shall be at right angles to the alley. (3) All natural gas service lines shall be encased in a protective sleeve the entire length of the crossing of such alley. (4) Such use shall be subject to the terms of this license, City ordinances and written approval of the City Engineer of the City of Lubbock. (5) This license is made subject to the condition that should the Licensee, his successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any or all of the above set out property, then and in that event said Licensee, his successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock, may sustain, incur or become liable for resulting in any manner from the construction, maintenance and use permitted herein. (6) Licensee shall at all times exercise the privileges granted by this license ,in such a manner as will not interfer with the public use of the public way at the location hereinabove described and so as to not create any dangerous or hazardous condition thereon, and subject to the supervision of the City Engineer, Licensee shall erect such barricades, warning signs and other safety devices as may be required by said City Engineer at no expense to the City. (7) Payment of the annual fee provided above shall be made by Licensee to City on January l of each year this license is in effect. Notice of such fee being due shall be sent by the City to Licensee and upon failure of Licensee to pay such fee within 30 days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whethersuch license shall be considered forfeited and may elect to demand vacation by licensee. Provided, further, the City at its election may cancel and revoke this license with or with- out cause, upon thirty (30) days notice to Licensee. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to Licensee at his address on record in the City Engineer's Office. (8) Licensee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Licensee waives any and all claims in and to the public way he is permitted to use here by and agrees to give peaceful possession of said property covered herein upon termination or can- cellation of this license. (9) In the event the City determines that the existence of such use interferes with or cause the re-routing or re -aligning of any public utility or sanitary or storm sewer line constructed or to be constructed by the City, Licensee agrees to reimburse the City of Lubbock for its expense of such relocating or re-routing over and above the expense which would have been incurred except for licensee's use herein. (10) This license and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm corporation or organization other than Licensee except upon express written consent of City. (11) Upon termination of this License, by revocation, and/or cancellation by City, by mutual consent of the parties hereto or otherwise, Licensee shall remove, at no cost to City, any and or all improvements and appurtenances thereto, if any, made or placed pursuant to this license if such removal is requested by the City. In the event Licensee fails or refuses to remove such improvements, after demand by City, the City shall enter possession and remove or cause removal of +� such improvements and the expense incurred shall be assessed against licensee for which Licensee shall be liable. (12) Licensee accepts the terms, covenants and conditions of this license and agrees to be bound thereby. In the event two or more parties execute this instrument as Licensee, all covenant and agreements of this license shall be joint and several covenants and agreements of such parties (13) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and .. effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, his successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon the City without the written consent of City in each instance. CIT BY: AT:J�W i LAVENIA LOWE, City Sec tary-Treasurer AGREED TO AND ACCEPTED THIS day of , 1967. [190 4 8 1967 67-26-190-546 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 the follow- ing Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use Franchise in favoe of Southwestern Bell Telephone Company attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June, 1967 ATTES LAVENIA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney STREET USE FRANCHISE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 8th day of June, 1967, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called"City" and Southwestern Bell Telephone Company, a Missouri Corporation, authorized to do business in the State of Texas, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, privileges and franchise to construct, occupy and maintain, below surface level, a basement area along with the prescribed utility services and passages, to be used in connection with existing and future telephone service improvements under and across a public alley within the City of Lubbock, Texas, described as follows, to -wit: BEGINNING at the Southwest corner of Lot 20, Block 115, Original Town of Lubbock, Texas; THENCE West approximately 5 feet to a point; THENCE South approximately 25 feet to a point; THENCE East to the West line of Lot 11, of said Block 115; THENCE North to the PLACE OF BEGINNING. A drawing of such construction is attached hereto and made a part hereof. 1. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 2. Grantee shall pay to the City as a compensation for such grant the sum of TEN AND NO/ 100 ($10.00) DOLLARS, per year for the duration of this franchise, with the first year payable on execution of this instrument and a like sum payable on January 1 of each succeeding year for the duration of this franchise. 3. Payment of the annual fee provided above shall be made by Grantee to City on January 1 of each year this franchise is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within 30 days from receipt of such notice the City shall consider such non-payment as a default in this franchise and the City Council shall determine whether such franchise shall be considered forfeited and may elect to demand vacation by Grantee. 4. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and specifications are approved by the City Engineer. 5. The Grantee agree to pay all costs arising out of the exercise of the franchise herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this franchise. Grantee shall keep the alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys and sidewalks of said City. M r- 6- 6. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock or such utility., as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except �C JUN 8 1967 7. This franchise is made subject to the condition that should the Grantees, their successor: or assigns, exercise any right under the franchise herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any or all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employ- ees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this franchise or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said Cit: coverning the contractual liability assumed by contractor in said agreement with City. 8. At such time as this franchise should be canceled or revoked for any reason, before or after the expiration of the primary term, the improvements that are permitted under this franchise shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improve- ments after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 9. All of the covenants and provisions of this franchise shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereio'to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantees, their successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 10. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use here- by and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this franchise. I r1 w BY ATTEST• LAVEYTA LOWE, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS DAY OF , 1967. LICENSEE: SOUTHWESTERN BELL TELEPHONE CO. BY E. D. SMITH, Vice President APPROVED: /s/ Fred 0. Senter, Jr. _ FRED 0. SENTER, JR. City Attorney APPROVED: /s/ Sam Wahl SAM WAHL, City Engineer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURN ROM REGULAR MEETING, JUNE 8, 1967. ?1 D. ROGERS, JR. , ATTEST: LAVERIA LOWE, City ecretary-Treasurer READ AND APPROVED THIS THE 22ND OF JUNE, 1967. ATTEST: r LAVXNIA LOWE, City;`Secretary-Treasurer 11492 z 1 1967 June 21, 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. 67-26-192-547 Invocation was given by Mayor W. D. Rogers, Jr. (1) 67-26-192-548 NOTICE OF CITY COUNCIL HEARING (2) 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 21st day of June, 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 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. 1470 - Request of J. R. Earnest and John Flache for. a Specific Use Permit Zone Change, under provisions of Section 14A.1-4 of the Zoning Ordinance, for a radio broadcast- ing station on a tract of land out of Section 17, Block A, Lubbock County, Texas. Property is further described by metes and bounds to -wit: BEGINNING at a point 1370.62' west and 2640.73' north of the southeast corner of Section 17, Block A, Lubbock County, Texas; THENCE West 361.5' to a point; THENCE South 361.5' to a point; THENCE East 361.5' to a point; THENCE North 361.5' to the PLACE OF BEGINNING. (South of Marshall Street about 150' west of N. Boston Avenue) The Planning and Zoning Commission recommended to the City Council that this request be_pranted. ZONE CASE NO. 1471 - Request of James R. Cochran and R. G. Sharp to change Lot 2, Block 11, Burlington Industrial Addition #2, City of Lubbock, Lubbock County, Texas, from a "M-l" to a "M-2" Zoning District. (Southeast corner of E. 40th Street and Globe Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1473 - Request of John W. Gladden (for Lubbock State School) for a Specific Use Permit Zone Change, under provisions of Section 14A.1-1 of the Zoning Ordinance, for a State School on a tract of land out of Section 12, Block A, Lubbock County, Texas. Property is further described by metes and bounds to -wit: BEGINNING at a 1/2" iron pipe set 10' west of the northwest corner of Tract A, Crest Hill Addition to the City of Lubbock, for the north-northeast and the beginning corner of this survey. Whence the northeast corner of Section 12, Block A, bears north 00 05', east 60' and South 890 55', east 651.6'; THENCE South 00 05', west 358' set 1/2" pipe for an inside corner of this survey; THENCE South 890 55', east 525.40' set 1/2" pipe in the west right-of-way line of College Avenue for the east-northeast corner of this survey; THENCE South 00 49' 30", east 1871.7' following the west right-of-way line of College Avenue, set 1/2" pipe 20' north of the northeast corner of Lot 1, Lawson Addition to the City of Lubbock, for the southeast corner of this survey; THENCE North 890 46' 30", west 2940' pass 20' north of a 1" iron pipe, and continuing on same course in all 4511' set 1/2" pipe for the southwest corner of this survey; THENCE North 00 05', east 2158.33' set 3/4" iron pipe for the northwest corner of this survey. Whence an east -west fence on the north line of Section 12 bears north 120'; THENCE South 890 55', east 2570.78' parallel to and 120' south of the north line of Section 12, set spike for the beginning of a curve to the left; THENCE around the arc of a curve to the left with a radius of 1400.84' and with a central angle of 80 31' 07" a distance of 208.27' to end of curve;