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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/22/19671_9b JUN 2 2 1967 June 22, 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. 67-26-196-554 Invocation was given by Dr. James H. Granberry, Mayor Pro Tem. (1) 67-26-196-555 Motion by Councilman Medlock, seconded by Councilman Diekemper, 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 June 8, 1967. 67-26-196-556 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 May, 1967. VOWHERS FOR MAY 1967 CHECKED BY COUNCILMAN W. E. MEDLOCK, JUNE 16, 1967. General Fund 1141 - 1782 Auditorium Operational 4162 - 4206 City Special (BCD) 99 Personal Appearance Bond 127 Sewer Pro Rata 988 - 1007 Reserve and Insurance Premium Payment 882 - 900 Undistributed Tax 308 - 310 Special Fund 220 - 223 Tax Certificate 103 Water Revenue 9506 - 9644 Electric Revenue 2007 - 2252 Water Capital Projects 1432 - 1482 Water Treating & Softening 74 - 75 Park 1117 - 1135 Street Improvement 1827 - 1847 Interest and Sinking Fund 220 Sanitary Sewer 834 - 843 Storm Sewer 652 - 661 Street Light 484 - 490 Airport 3479 - 3521 Water Pro Rata 1446 - 1460 Working Capital 3123 - 3444 67-26-196-557 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (6) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5271 be passed on second and final 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 EXTLN- GUISHER 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 CERTIFICATE 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. 67-26-196-558 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (8) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, the City Council finds that the existing traffic flow, speed and volume of traffic at the below described location is such as to require the widening and improvement of such sections of public streets which are also designated as a Farm to Market Road; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Texas Highway Department is hereby requested to program the widening and Improve- ment of F. M. 835 on Southeast Drive from East 34th Street to East 50th Street and on East 50th Street from Southeast Drive to Loop 289 East. Passed by the City Council this 22nd day of June, 1967. W. D. ROGLRS, . J1F. , .. T 19 JUN 2 2 1W ft a& ATTEST: LAVENA LOWE,.City Secret ry-Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney APPROVED: Isl B. H. McDaniel B. H. MCDANIEL, Traffic Coordinator 67-26-197-559 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers (10) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION AdCEPTING IMPROVEMENTS ON PORTIONS OF STREETS A9 LISTED'BEUV 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 streets in said City including among others the following: East 4th Street from its intersection with a line 5 feet East of the East Property Line of Yucca Avenue to its intersection with a Line 176.66 feet East of the East Property Line of Beech Avenue known and designated as Sub -Unit Number 18 of Unit Number 2146. AND WHEREAS, the improvements upon the said portions of the abovementioned streets 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 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 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 -frrom and after PASSED AND APPROVED THIS 22ND DAY OF JUNE, 1967. W. D. ATTEST: LAVE IA LOWE, CieSecr ary-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 June 22, 1967 Lubbock, Texas Gentlemen: passage. qo { I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving -contrac- tor, under their contract dated February 10, 1966, designated as G.W,'O. 2907 and find the improve- ments on East 4th Street from Beech Avenue to Yucca Avenue as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and' recommend that you accept the improvements -on said streets and/or avenues, dut'horizing 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 respec- tive amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ Samuel W. Wahl 198 JUN 2 2 1967 CONSOLIDATED FINAL ESTIMATE GWO 2907 Accepted June 22, 1967 UANTITIES (Cash) S.Y. Paving S.Y. S.Y. L.F. Alley S.Y. Recon- C & G Unit & Paving Paving C & G Return Valley struc- Removal Fill Sub -Unit Location 6 "Base 6"Base & Gutter tion L.F. C.Y. Drainage S.Y. 2146-18 E.4th St. from 5' E.of the EPL of Yucca Ave. to 176.66' E.of the EPL of Beech Ave. COST ESTIMATE 3043.19 3135.13 3251.90 72.58 55.88 902.76 511.54 1000.00 3135.13 S.Y. Paving 6" Base @ $1.72 $ 5,392.42 3043.19 S.Y. Paving 6" Base (cash) @ $1.55 4,716.95 3251.90 L.F. Curb & Gutter @ $1.60 5,203.04 511.54 L.F. Removal Curb & Gutter @ $0.50 255.77 72.58 S.Y. Alley Return & Drainage Channel @ $6.00 435.48 55.88 S.Y. Valley Gutter @ $6.35 354.84 902.76' S.Y. Paving Reconstruction @ $1.45 1,309.00 1000.00 C.X. Fill @ $0.40 400.00 CONTRACT COST $18,067.50 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW 2146-18 $ 18,067.50 $ 1,564.62 $ 16,502.88 67-26-198-560 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION A 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 alley improvement ordinances and reso- lutions and entered into contract with T. J. Hodges, Inc. (G.W.O. 2906) for the making and con- struction of street and/or alley improvements on portions of numerous alleys in said City includ- ing among others the following: The North -South alley between Avenue H and Avenue G from its intersection with the South Property Line of 22nd Street to its intersection with a line 12 feet South of the North Property Line of 23rd Street known and designated as Sub -Unit Number 2 of Unit Number A-385. The North -South alley between Avenue H and Avenue G from its intersection with a line 12 feet North of the South Property Line of 14th Street to its intersection with a line 12 feet South of the North Property Line of 15th Street known and designated as Sub -Unit Number 1 of Unit Number A-385. AND WHEREAS, the improvements upon the said portions of the abbvementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2906). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the 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 accor- dance with 14w 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 aftey'ftjs passage. PASSED AND APPROVED THIS 22ND DAY OF JUNE, 1967. 'WW I EW1 W. D. ROGERS,•JR., ATTEST: ^ - 40 / 4, / ) 1 y! e JUN 2 2 1967 aft APPROVED: /s/ Samuel W. Wahl Samuel W. Wahl, City Engineer I APPROVED: s Fed 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council June 22, 1967 Lubbock, Texas 67-26-.199,561 (12) Gentlemen: I have examined the paving improvements constructed by T. J. Hodges, Inc., paving contractor, under their contract dated February 10, 1966, designated as G.W.O. 2906 and find the improvements on the North -South alley between Avenue H and Avenue G from 22nd Street to 23rd Street and the North -South alley between Avenue H and Avenue-G from 14th Street to 15th Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and speci- fications and recommend that you accept the improvements on said streets and/or avenues, authorizin 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 GWO 2906 Accepted June 22, 1967 QUANTITIES S.Y. L.F. Unit &. L.F. Alley R.R. Sub -Unit Location C & G. Paving Section A-385-2 The North -South alley between Avenue H and 25:22 494.56 410.00 Avenue G from the SPL of 22nd St. to 12' S. of NPL of 23rd St. A'385-1 The North -South alley between Avenue H 62.00 329.99 284.00 .and Avenue G from 12' N. of SPL of 14th St. to 12' S. of NPL of 15th St. TOTALS 87.22 824.55 694.00 COST ESTIMATE 87.22 L:F. Curb & Gutter @ $1.75 $ 152.63 824.55 S.Y. Alley Paving @ $6.50 5,359.58 694.00 L.F. R.R. Section @ $13.00 9,022.00 CONTRACT COST $14,534.21 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Contractor Cost A-385-2 8,588.77 8,744.50 - 155.73 A-385-1 _ 5,945.44 5,922.80 22.64,_____ TOTALS 14,534.21 14,667.30 - 133.09 Motion by Councilman Medlock, .seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5279 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5279 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described -bond fund, to -wit: Water Capital Project Fund The sum $2,749.96 For the following purpose: Install water line in Block 3, Hillcrest Addition ahead of alley pavinj 67-26-199-562 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (14) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. ri f1 N 2 2 1967 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed to Flagg Homes, Inc., 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 full?-qopied herein in detail. Passed by the City Council this 22nd day of June, 1967. too "�_I) W. D. ROGERS, Jltt, ATTES a ` LAVENIA LOWE, City Secretary -Treasurer APPROVED: %s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney QUIT CLAIM DEED' THE -STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT, the City of Lubbock, a Home Rule Municipality of the County of Lubbock and the State of Texas, for and in -consideration of the sum of ONE AND N01100 ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by Flagg Homes, Inc., of the County of Lubbock and $rate of Texas, the receipt of which is hereby acknowledged, does by these presents, BARGAIN, SELL, RELEASE, and FOREVER QUIT CLAIM unto the said Flagg Homes, Inc., its successors and assigns, all its right, title and interest in and to this certain tract or parcel of land lying in the County of Lubbock and the State of Texas, described as follows, to -wit: Being the East 2.0 feet of Lot 428, Tarrytown Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Flagg Homes-, Inc. of the County of Lubbock, State of Texas, its successors and assigns, .forever, so that the said City of Lubbock, nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof.' WITNESS MY HAND at Lubbock, Texas, this 22nd day ^f T.", 10A7 ATTEST: i A. zr LwENIA LOWE, City ecreta -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 67-26-200-563 Motion by Councilman Granberry,.seconded by Councilman Medlock, motion carried, Mayor Rogers and (18) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5280 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5280 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 Lighting Bond Fund The sum $18,000 For the following purpose: To install throughfare street lights on College Avenue from 19th St. to 34th St. 67-26-200-564 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appointment of W. B. Rushing as a member of the 1967 Tax Equalization Board by ratifying the action of the Tax Committee. Other members of this board being: Shelton P. Berry, Jack Claitor, Weldon Gibbs, Robert H. McKelvy, Alex K. Miller, Hulen J. Penny, Gordon H. Rose and Kenneth G. Wright. 67-26-200-565 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 9820. 2 Bearings are relative to P. & S.F. Railroad bearing of S 560 56' E located across part of Section 18, Block A. - SECTION 2. The City Attorney is authorized and empowered to bring condemnation proceedings to obtain the fee simple title to the aforesaid land for park purposes if this offer is not accepted within ten (10) days of the receipt of such offer by such landowners. Passed and adopted by unanimous vote of the City Coun d ay }f,,.June, 19 L C "1 A � W.- D. ROGERS; JR.,, MI ATTES LA NIA LOWE, City Secr tary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 67-26-203-574 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize supplement to the 1966-67 budget for seal coat of various parking lots in City parks in the amount of $4,000 from Unappropriated General Funds. This being emergency work necessary because of high water in recent rain storms. 67-26-203-575 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (22) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordigance No. 5283 be passed on first reading. ORDINANCE NO. 5283 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The sum $6,000.00 For the following purpose: For all materials, labor & equipment necessary to construct a Pony League Baseball Diamond in Mackenzie Park, to be located West of the existing Connie Mack Baseball Diamond. 67-26-203-576 Mr. George C. Miller, Chairman of the Citizens Traffic Council, and Mr. Van McVay, Executive (24) Director, appeared before the City Council requesting a supplement to the 1966-67 budget in the amount of $5,229. After consideration of all information presented, 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 budget supplement in the amount of $5,229 to the Citizens Traffic Council from Unappropriated General Funds. 67-26-203-577 The City Council again considered the claim of Mrs. Randall Purdy for damage caused by flooding of (29) a residence when water was turned on at 3217 Emory. After consideration of all information pre- sented, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry,.Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize payment in the amount of $860.25 to Mrs. Randall Purdy for property damage by flood- ing of residence at 3217 Emory. 67-26-203-578 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, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, as a purchaser of copper Hater pipe, is one of the plaintiffs in anti-trust litigation against brass mill products suppliers, and WHEREAS, a settlement has been reached with one of the defendants, National Distillers and Chemical Corporation, whereby this defendant has made an offer, to be paid into a trust fund supervised by the Court, and in return the plaintiffs agree to the dismissal of this defendant from this suit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, hereby approves the settlement reached in the brass mill products anti-trust suit as to the defendant National Distillers and Chemical Corpora- tion and the Mayor is hereby authorized to execute the "Covenant not to Sue" to be filed with the Court in such case, a copy of which is attached to and made a part heyet�. Passed by the City Council the 22nd day of June, 1967. 1 ATTEST: ..V40, a rs. W. D. ROGERS, JR., '14 jN 2 2 1967 APPROVED: s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney EXHIBIT I COVENANT NOT TO SUE KNOW ALL MEN BY THESE PRESENTS: That THE CITY OF LUBBOCK, TEXAS (hereinafter referred to as "Customer"), for and in consid- eration of the sum of One Dollar ($1.00) and other good and valuable consideration paid to it by the NATIONAL DISTILLERS AND CHEMICAL CORPORATION (hereinafter referred to as "National), the receipt of which is hereby acknowledged, hereby covenants, for itself and its successors and assigns, that it will forever refrain from instituting, prosecuting, maintaining, pressing or proceeding aginst National or any of its agents, servants, officers, employees, subsidiaries, successors or assigns, upon any claims or causes of action of any nature whatsoever, whether or not now or hereinafter known, suspected or claimed, which Customer ever had, now has or hereafter can, shall or may have or allege against National or any of its agents., servants, officers, employees, subsidiaries, successors or assigns based upon allegations of fraud, collusion, con- spiracy or false claims which might be asserted under the Clayton Act or any other federal or state antitrust law with respect to or in connection with any purchase from.any person made or contracted for by Customer at any time prior to this date of any brass mill tube and pipe made or sold by National, including such brass mill tube and pipe which is included in any other product. And Customer hereby covenants and agrees that it will forever refrain from instituting, per- mitting, maintaining, pressing or proceeding against any other person, firm or corporation upon any claims or causes of action of any nature whatsoever, whether or not now or hereafter known, suspected or claimed, which it ever had, now has or hereafter can, shall or may have or allege based upon allegations of fraud, collusion, conspiracy or false claims which might be asserted under the Clayton Actor any other federal or state antitrust law with respect to or in connection with any purchase from any person made or contracted for by it at any time prior to this date of any of the aforesaid products made or sold by National. This instrument shall not be construed as a release. The Customer reserves the right to proceed against or sue any person, firm or corporation except to the extent hereinabove expressly set forth. IN WITNESS WHEREOF, intending to be legally bound, the Customer has caused this covenant to be executed this 22nd day of June, 1967. ATTEST: i ve LAVEN LOWE, City ecret y-Treasurer 67-26-204-579 Mr. Doug Blackburn and Mr. Quinton Colwell of Colwell, Wentworth and Associates, appeared before (5) the City Council and made a report on a long range plan of development for Lubbock Power and Light.. Contract having been entered into heretofore with this company for this plan of develop- ment and the work now being completed. 67.-26-204-580 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize issuance of a street use license to Dr. James H. Reynolds, Dr. Clifford J. Breaud, Dr. E. Nelson Nichols and Mr. Eugene Bandzevicius covering the east -west alley between Lot 1, Folly Addition and Lot 12, Fry Addition. 67-26-204-581 Motion by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (9) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the custo- mary city portion of the cost of street paving improvements, as determined by City of Lubbock pav- ing policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Indiana Avenue (East Side) from 66th Street to 64th Street and 64th Street (South Side Curb & Gutter only) from Indiana Avenue to alley East of Indiana Avenue have requested permission to have pavement improvements constructed on the aforementioned streets and the paving of said streets is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its custo- mary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $8,566.97, the total cost not over $8,995.32, and the City's share in connection therewith would not exceed $3,719.44, leaving the property owner's portion not to exceed $5,275.89, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $3,719.44 will be duly budgeted, THEREFORE, 201 JUN 2 2 196 i Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of .the bids so follows: Accept the bid of Nelson Electric Supply Co. for the purchase of item 1. Accept the bid of General Electric Supply Co. for the purchase of item 2. Accept the bid of Westinghouse Electric Supply Co. for the purchase of item 3. Accept the bid of Graybar Electric Company for the purchase of items 4 & 5. Accept the bid of Zimco Electric Supply Company for the purchase of items 6 and 7. 67-26-201-566 Bids as follows were received for the purchase of miscellaneous electric items, being Bid No. 9815. (25a) Bid Tabulation set in Bid Book. .. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: fAccept the bid of Southwestern Electric Supply Co. for the purchase of item 4. G Accept the bid of General Electric Supply Co. for the purchase of item 1. Accept the bid of Temple Inc,. for the purchase -of item 5. 67-26-201-567 Bids as follows were received for the purchase of water meters for a period of one year, being (26) Bid No. 9813. i 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 Hersey-Sparling Meter Company - Dallas for the purchase of water meters for a period of one year. 67-26-201-568 Bids as follows were received for landscaping the Water Treatment Plant, being Bid No. 9830. (27) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Holden -Dodson for land- scaping the Water Treatment Plant. 67-26-201-569 Bids as follows were received for the purchase of automatic controls water system for Reese Air i (28) Force Base, being Bid No. 9792. 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 Amco Electric Com- pany for the purchase of automatic controls for water system for Reese Air Force Base. 67-26-201-570 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and (10a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5281 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5281 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 $Y 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 $3,664.44 For the following purpose:. To pay for paving adjacent to W. P., Crawford property on East 4th Street as authorized by a resolution passed April 13, 1967. 67-26-201-571 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (20) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5282 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5282 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; 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 2()2) UN 2 2 1967 67-26-202.572 (13) 67-26-202-573 (16a) For the following purpose: College Avenue 19th to 34th Street median beautification, concrete flower planter boxes 30 to 40 to be paid for freight and handling from plant to stack lot and storage to College Avenue. Mr. Samuel W. Wahl City Engineer City of Lubbock Box 2000 Lubbock, Texas 69408 Dear Mr. Wahl: June 14, 1967 This is in answer to your June 9 letter requesting information on the date and rate of our water needs. We expect to need water between the dates of July 1 to October 1. We would like to take it in three batches of 4-1/2 million gallons per batch. We would like to take it at a rate of 1000 to 1500 gallons per minute. These batches should be about evenly spaced throughout the period. These are not rigid requirements. We will be glad to work with the City of Lubbock for our mutually best interests. We appreciate very much your help in this matter.. Yours very truly, SCOTT TESTERS, INC. /s/ Roscoe C. Clark Roscoe C. Clark The City Council considered the request of Scott Testers, Incorp. to purchase water as set out in the above letter, Scott Testers, Incorp. making this request for Northern Natural Gas Company. 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 this request for water to be granted, the water to be taken from SandhillsSupply lines, west of Shallowater, Texas. The water used to be paid for at the prevailing water rates of the City of Lubbock. The installation as well as the water tap and metering to be at the expense of Scott Testers, Incorp. and they will restore the area to its original state after removal of this utility equipment. 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 the follow- ing Resolution be passed. RESOLUTION WHEREAS, it is hereby determined by the City Council that the property hereinafter described is necessary for park purposes; and, WHEREAS, the property hereinafter described has been appraised at $41,000.00; and the Council finds such sum to fair and equitable; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Right of Way department is hereby authorized to offer the sum of $41,000.00 to G. B. Bowles and wife, Velma E. Bowles of Lubbock County, Texas for the fee simple title to a twenty-two and forty-three one hundredths (22.43) acre tract out of Sections 12 and 17, Block A, Lubbock County, Texas and being more particularly described as follows: Beginning at a point in the east line of Section 13 and the west line of Section 12, Block A, Lubbock County, Texas, and in the south line of a 286.15 acre tract recorded in Volume 370, Page 55, Deed Records of Lubbock County, Texas; whence a 1-1/4 " I.P. found for the southwest corner of said 286.15 acre tract bears N 890 55' 40" W 145.56 feet; Thence S 890 55' 40" E along the south line of said 286.15 acre tract, 1,995.3 feet to a plunger coupling found for a corner of said 286.15 acre tract; Thence S 00 01' E crossing the south line of Section 12 and the north line of Section 17, 114.4 feet to a 3/4" I.P. set for a corner of said 286.15 acre tract for a corner of this tract; Thence Ne 8%0 33' E at 156.8 feet pass a 1" I.P. found for a corner of said 286.15 acre tract continuing in all 735.86' to a 1/2" I.P. in the N ROW of Loop 289 for a corner of this tract; Thence S,790 58' W along said Loop ROW, 1,593.84 feet to a found 1/2" I.P. ROW marker; Thence S 780 15' W 231.3 feet to a concrete highway ROW marker at Highway Station 220 plus 00; Thence S 690 48' W 208.7 feet to a found 2" I.P. ROW marker at Highway Station 218 plus 00 on the east side of a concrete ROW marker for the beginning of a curve to the left; Thence around the arc of a curve to the left having a radius of 3,969.77 feet, a chord bear- ing and distance of S 680 09' W 771.2 feet to a 1/2" I.P. set for end of curve; Thence S 650 19' W along said ROW, 26.5 feet to point in the west line of Section 17 for a corner of this tract; whence a concrete ROW marker bears S 650 19' W 761.4 feet; Thence N 00 01' 30 " E along said Section line, 806.44 feet to the place of beginning. JUN 2 2 P BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT the City Engineer be and he is hereby authorized to approve plans and specs fications for paving on the streets herein described, provided that such plans and specificationf meet the usual requirements for paving on streets within the corporate limits of the City of Lubt said streets being as follows, to -wit: East 1/2 of Indiana Avenue from its intersection with a line 49 feet North of center line of 66tt Street to its intersection with the South Lip Line of 64th Street known and designated as Unit Number 2172. South 1/2 of 64th Street (curb and gutter only) from its intersection with a line 15 feet Last of the East Property Line of Indiana Avenue to its intersection with a line 3 feet East of the East Property Line of alley East of Indiana Avenue known and designated as -New Subdivision Unit Number 1615.. The City Engineer is further authorized and directed to duly inspect said paving constructif on said streets and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full.and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $3,291.09 which is the City's share ($3,719.44) less $428.35 engineering, leaving the amount due the contractor from the property owners not to exceed $5,275.89. Section 2. This authority is conditioned that Hubert E. Cone, the owner of the abutting prf perty, will provide for drainage from the existing right of way in 64th Street to the lake east f this property before the before the beginning of construction. Section 3. This authority is conditioned that the owners of abutting property and the con- tractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and h: sub -contractors, if any, are adequately covered by public liability and property damage insuranc4 policies, that the said owners of abutting property will cause such paving to continue to be donf according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said streets and the property of the City of Lubbock, without any liability whatsoever, except ff the payment of a sum of $3,291.09 to the contractor. On motion of Councilman Granberry, seconded b� Counci was unanimously passed by the City Council this 22nd day o ATTEST: I / r •rr IAVENfA LOWE, City Secretary -Treasurer on the abovementioned do hereby accept and in stated. lut i< the owners of abutting propert- street, and , Contractor, agree to fully abide by the foregoing provisions for the considerations the APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter. Jr. FRED 0. SENTER, JR., City Attorney BY BY NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING JUNE 22, 1967. ATTEST: .� n LAV&nA LOWE, City Secretary -Treasurer READ AND APPROVED THIS THE 13TH DAY OF JULY, 1967. ATTEST: LAVEN LOWE, City -Se retary-Treasurer