HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/1967SEP 2 8 196
67-26-293-808
(1)
67-26-293-809
(2)
67-26-293-810
(7)
67-26-293-811
(8)
67-26-293-812
(9)
September 28, 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
Invocation was given by City Engineer Samuel W. Wahl.
Motion 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
approval of City Council Minutes - Regular Meeting held September 14, 1967.
Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5315 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5315
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: Traffic Light
The sum $9,194.96
For the following purpose: 1. Modification of the traffic signal at 22nd Street and College
Avenue - $4,397.74
2. Installation of a traffic signal at 32nd Street and College Avenue
$4,797.22
Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5317 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5317
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: Sanitary
Sewer Capital Improvement
The sum $12,000.00 Fun
For the following purpose: Payment for study of the Sanitary Sewer System by Parkhill, Smith &
Cooper
Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5318 be passed on second and final reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5318
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT.ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Fire Station
Bond Fund
The sum $3,600.00
For the following purpose: $1750 for landscaping, $1850 for furnishings for new #9 Fire Station
294
2 8 1967
67-26-294-813 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(10) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5313 be passed on second and final reading.
ORDINANCE NO. 5313
AN ORDINANCE DESIGNATING AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC THE EAST -WEST ALLEY
BETWEEN BAYLOR STREET AND AUBURN STREET EXTENDING FROM COLLEGE AVENUE AS DESCRIBED HEREIN; DES-
IGNATING THE DIRECTION OF VEHICULAR TRAFFIC; AUTHORIZING THE PLACING OF SIGNS; PRESCRIBING A
PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ALLEYS NOT SPECIFICALLY
SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ONE-WAY ALLEY ORDINANCES; PROVIDING A SAVINGS CLAUSE, AND PROVIDING
FOR PUBLICATION.
67-26-294-814 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(11) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5314 be passed on second and final reading. �.
ORDINANCE NO. 5314
AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL
VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, TO -WIT: PORTIONS OF SLIDE ROAD FROM A POINT BEGINNING AT 50TH STREET AND EXTENDING SOUTH
TO THE SOUTH CITY LIMITS OF SAID CITY OF LUBBOCK. AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS;
PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY
THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED
LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
67-26-294-815 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(12) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5316 be passed on second and final reading.
ORDINANCE NO. 5316
AN ORDINANCE CHANGING THE NAME OF UTICA AVENUE TO TOLEDO AVENUE, AT THE LOCATION STATED
HEREIN AND DIRECTING SUCH CHANGE TO BE SHOWN ON THE OFFICIAL CITY MAP.
67-26-294-816 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(13) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5319 be passed on second and final reading.
ORDINANCE NO. 5319
AN ORDINANCE DEFINING AND PRESCRIBING THE GENERAL SERVICE RATE APPLICABLE TO THE SALE OF
NATURAL GAS AND NATURAL GAS SERVICE BY PIONEER NATURAL GAS COMPANY TO ITS CUSTOMERS WHO USE
NATURAL GAS WITHIN THE CITY LIMITS OF LUBBOCK, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
67-26-294-817 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(14) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5320 be passed'on second and final reading.
ORDINANCE NO. 5320
AN ORDINANCE FIXING AND LEVYING RENTALS AND CHARGES ON GROSS RECEIPTS TO BE PAID BY PERSONS,
FIRMS AND CORPORATIONS ENGAGED IN THE BUSINESS OF SELLING AND DISTRIBUTING WITHIN THE CORPORATE
LIMITS OF THE CITY OF LUBBOCK, TEXAS, OF NATURAL GAS, GAS ENERGY AND GAS POWER AND USING THE
STREETS, ALLEYS AND OTHER THOROUGHFARES IN SAID CITY LIMITS FOR GAS PIPELINES, GAS DISTRIBUTION
SYSTEM AND OTHER FIXTURES; PROVIDING FOR TIME AND MANNER OF PAYMENTS AND PROVIDING FOR MAKING
REPORTS OF GROSS RECEIPTS.
67-26-294-818 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(15) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5284 be passed on second and final reading.
ORDINANCE NO. 5284
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF E. 22ND STREET AND FIR AVENUE AS MORE PARTI-
CULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PORTIONS OF
E. 22ND STREET AND FIR AVENUE AS AFORESAID.
67-26-294-819 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(16) 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 Quit Claim Deed to Bethel A.M.E.- Church attached
herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the Council this 28th day of September, 1967.
29,
S Ep 2 8 196,
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
APPROVED -
Is/ Fred 0. Senter, Jr.
F'RED 0. SENTER, JR., City Attorney
THE STATE OF TEXAS
Y
COUNTY OF LUBBOCK
W. D. ROGERS, JR., Mayor
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
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 Bethel A.M.E. Church of the County of Lubbock and
the State of Texas, the receipt of which is hereby acknowledged, does by these presents, BARGAIN,
SELL, RELEASE, and FOREVER QUIT CLAIM unto the said Bethel A.M.E. Church, its successors and
assigns, all its rights, 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:
BEGINNING at a point, the same being the northeast corner of Lot 1, Block 43, Wheelock's
Second Addition to the City of Lubbock;
THENCE west along the north line of said Lot 1 and the south line of East 22nd Street a
distance of 99.1 feet to the northwest corner of said Lot 1;
THENCE South along the West line of said Lot 1 and the East line of Fir Avenue a distance of
50 feet to the southwest corner of said Lot 1, the same being a point of curvature or point
of tangency for a 100 foot radius curve whose radius point is 100 feet west of said South-
west corner of said Lot 1;
THENCE Northwesterly along said curve to the left an arc distance of 84.82 feet a chord
distance of 82.29 feet to the intersection of said curve with the center line of East 22nd
Street;
THENCE East along the center line of East 22nd Street a distance of 113.41 feet to the inter-
section of said center line with the westerly right-of-way line of Southeast Drive;
THENCE Southeasterly along said westerly right-of-way line of Southeast Drive a distance of
32.48 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD the said premises, together with all and singular the rights,privileges,
and appurtenances thereto in any manner belonging unto the said Bethel A.M.E. 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 28th day of September, 1967.
CITY OF LUBBOCK
BY:
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
APPROVED:
/s/FRED 0 SENTER, JR.
Fred 0. Senter, Jr., City Attorney
W. D. ROGERS, JR., Mayor
67-26-295-820 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(17) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5301 be passed on second and final reading.
ORDINANCE NO. 5301
AN ORDINANCE ABANDONING AND CLOSING PARTS OF E. 4TH STREET, ZENITH AVENUE AND BEECH AVENUE, A.
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDON-
MENT OF SAID PARTS OF E. 4TH STREET, ZENITH AVENUE AND BEECH AVENUE AS AFORESAID.
67-26-295-821 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(19) 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 QUIT CLAIM DEED to the Lubbock Independent School District,
296
_p 2 81967
attached herewith which shall
minutes of the Council shall
in in detail.
be spread upon the minutes of the Council and as spread upon the
constitute and be a part of this Resolution as if fully copied here -
Passed by the Council this 28th day of September, 1967.
ATTEST•
♦
LAVE FA LOWE, Ciif Secre ary-Treasurer
APPROVED:
Isl Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
THE STATE OF TEXAS X
COUNTY OF LUBBOCK
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Lubbock, a Home Rule Rule Municipality of the County of Lubbock, the State
of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS, and other good
and valuable consideration to it in hand paid by the Lubbock Independent School District the
receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and FOR-
EVER QUIT CLAIM unto the said Lubbock Independent School District, its successors and assigns,
all its rights, title and interest to those certain tracts or parcels of land lying in the County
of Lubbock in the State of Texas, described as follows, to -wit:
BEGINNING at a point in the South line of the Alderson Junior High School tract of land said
point being 30.0 feet north and 62.16 feet west of the Southeast corner of the Southwest 1/4
of Section 2, Block A, Lubbock County, Texas;
THENCE West along the South line of said school tract, 178.08 feet to a point;
THENCE Southeasterly along a curve to the right, the center of said curve being South 520.0
feet from the beginning of this call, an are distance of 156.0 feet to a point of reverse
curve;
THENCE Southeasterly along a curve to the left, the center of said curve being North 170 11'
20 " East 15.0 feet from the beginning of this call, an arc distance of 22.30 feet from a
point;
THENCE Northeasterly along a curve to the left, the center of said curve being North 670 59'
10" West 524.38 feet from the beginning of this call, an are distance of 15.57 feet to the
POINT OF BEGINNING.
SAVE AND EXCEPT, however, any and all easements dedicated and retained.
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 Lubbock independent School
District, 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 of title to the aforesaid premises or appurtenances, o any part thereo .
WITNESS MY HAND this 28th day of September, 1967.
tj
� E
W. D. ROGERS, JR.,
ATTEST:
60
_�A��%d A21,
LAVENIA LOWE, City Secretary Treasurer
APPROVED:
/s/ Fred 0. Senter,_ Jr.
FRED 0. SENTER, JR., City Attorney
67-26-296-822 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 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 QUIT CLAIM DEED to Skybolt, Inc., a Corporation,
attached herewith which shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be a part of this Resolution as if fully copied here-
in in detail. (_N1
�r
Passed by the Council this 28th day of September, 1967. i4
W: D. ROGERS, JR.,
ATTEST: n
SEp 2 8 19E
67-26-297-823
(20)
am
APPROVED:
/s/_Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
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 N0/100 ($1.00) DOLLARS, and other good and
valuable consideration to it in hand paid by Skybolt, Inc., a Corporation of the State of Texas,
the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE and
FOREVER QUIT CLAIM unto the said Skybolt, Inc., a corporation of the State of Texas, its succes-
sors and assigns, all.its rights, 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:
BEGINNING at a point in the South right of way line of the new alignment of East 4th Street
said point being 30.0 feet West and 80.86 feet South of the Northeast corner of the Northwest
1/4 of Section 4,.Block 0, Lubbock County, Texas;
THENCE South 99.14 feet to a point in the North line of 15.0 foot alley;
THENCE East 9.55 feet to a point;
THENCE Northeasterly along a curve to the right the center of said curve being South 740 34'
12" East 264.90 feet from the beginning of this call, an are distance of 67.36 feet to a
point of reverse curve;
THENCE Northeasterly along a curve to the left the center of said curve being North 600 00',
West 15.0 feet from the beginning of this call, an arc distance of 23.56 feet to the end of
said curve;
THENCE North 600 00' West 11.82 feet to a point;
THENCE Northwesterly along a curve to the left, the center of said curve being 300 00' West
460.0 feet from the beginning of this call, an arc distance of 22.51 feet to the POINT OF
BEGINNING.
SAVE AND EXCEPT, however, any and all easements dedicated and retained.
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 Skybolt, Inc., a Corporation of
the 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 this-28th day of September, 1967, jat Lubbock, S.
CITY /
W. D. ROGERS, JR., Mayo
ATTEST:
LAVENIA LOWE, City Secretary Treasurer
APPROVED:
js/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
RESOLUTION
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 an UNDERGROUND UTILITY EASEMENT, 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 er n in detail.
Passed by the Council this 28th day of September, 1967.
bt-fe b
f a
ATTEST:
10, - 0 V-. -
LAVENIA LOWE, City Se"reta_ryftreasurer
W. D. ROGERS, JR.,
APPROVED:
/s/ Fred 0. Senter, Jr. _
FRED 0. SENTER, JR., City Attorney
'9S
SEP 2 8 1967
UTILITY EASEMENT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
THAT the City of Lubbock, a Home Rule Municipal Corporation organized and existing under the
laws of the State of Texas andduly authorized by the State of Texas, acting herein by and through
its Mayor heretofore duly authorized, for and in consideration of the sum of ONE AND N0/100 ($1.00)
DOLLARS to it in hand paid by the City of Lubbock and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by
these presents does GRANT, SELL, and CONVEY unto the City of Lubbock for the benefit and use of
the public, the City of Lubbock, and all public utilities which are franchised or may be fran-
chised by the City of Lubbock to use the streets and alleys of the City of Lubbock, a perpetual
and permanent underground utility easement, which includes but is not limited to the right to
construct, re -construct, repair, and perpetually maintain any and all types of utilities beneath
the ground, including waterlines, sewer lines, gas lines, telephone and telegraph lines, electric _
transmission lines, and any other type of public utility whether named herein or not, together
with the rights of ingress, egress, and regress at any and all times and seasons for any and all
of the above purposes in, on, under, through, and across all of that certain parcel of property
situated in Lubbock County, Texas, and more fully described as follows, to -wit:
TRACT I:
BEGINNING at a point 25.0 feet West of the Northwestcorner of Lot 11, Brown Subdivision of
the Northeast 1/4 of Section 4, Block 0, Lubbock County, Texas;
THENCE West 16.5 feet to a point;
THENCE South 97.47 feet to a point in the North right of way line of the new alignment of
East 4th Street;
THENCE North 450 00' East 23.33 feet to a point;
THENCE North 80.97 feet to the POINT OF BEGINNING.
TRACT II:
BEGINNING at a point in the South right of way line of the new alignment of East 4th Street
said point being 165.82 feet South and 25.0 feet West of the Northwest corner of Lot 11,
Brown Subdivision of the Northeast 1/4 of Section 4, Block 0, Lubbock County, Texas;
THENCE South 450 00' West 10.26 feet to a point;
THENCE Southwesterly along a curve to the left, the center of said curve being South 450 00'
East 15.0 feet from the beginning of this call, an arc distance of 23.56 feet to a point of
reverse curve;
THENCE Southeasterly along a curve to the right, the center of said curve being South 450
00' West 110.14 feet from the beginning of this call, to its intersection with the North
line of a 15 foot alley, as projected;
THENCE East along the North line of said 15 foot alley to a point 25.0 feet West of the West
line of said Lot 11, Brown Subdivision;
THENCE North to the POINT OF BEGINNING.
TO HAVE AND TO HOLD the above described premises together with all and singular the rights
and appurtenances thereto in anywise belonging perpetually unto the City of Lubbock, its succes-
sors and assigns, and any and all public utilities now or hereafter franchised by the City of
Lubbock to use the City streets and alleys, for so long as the public uses thesame for the pur-
poses herein granted.
WITNESS MY HAND, this 28th day of September, 1967.
CITY OF
BY: s
W. D. ROGERS,-JRa
ATTEST: A U/j J
i JYj
LAVENIA LOWE, City Secretar -Treasurer
APPROVED:
s/ Fred 0. Senter. Jr.
FRED 0. SENTER, JR., City Attorney
67-26-293-824 Motion by Councilman Diekemper, seconded by Councilman Medlock motion carried, Mayor Rogers
(25) and Councilmen GrAnberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that
the following resolution be passed.
RESOLUTION
A RESOLUTION AMENDING A RESOLUTION ADOPTED SEPTEMBER 14, 1967, PROVIDING FOR IMPROVEMENT OF
PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE
BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS BE AMENDED BY ADDING
ADDITIONAL STREETS.
29
SEP 2 8 19f
a*
POM
I.
Public necessity exists that the following portions of streets, highways, or avenues in the
City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit:
Alley
N-S between Ave. R and Ave. S
N-S between Ave. R and Ave. S
NE -SW between Geneva Ave. and 56th St.
E-W between 27th St. and 29th St.
II.
From To
18th
19th St.
19th St.
20th St.
56th Drive
Hartford Ave.
Slide Rd.
York Ave.
Said portions of streets, highways, avenues shall be..improved by.raising, grading and filling
same, by installing concrete curb and gutters, reinforced concrete railroad crossings, by instal-
ling storm sewers and drain$ where necessary, by installing a compacted caliche base, and by sur-
facing with five (5) course asphaltic surface treatment (Penetration type).
The City Engineer is hereby directed to prepare plans and specifications for such improve-
ments, and all other parts of resolution adopted on September 14, 1967 shall remain in full force
and effect and same is hereby ratified and confirmed.
This resolution shall take effect and be in force from and after 6N.1passage.
PASSED AND APPROVED THIS 28TH DAY OF September,
ATTEST•
LAVENIA LOWE, City Secre ry
APPROVED:
Ls/ Samuel W. Wahl
SAMUEL W. WAHL, City Engineer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
1967.
tialb't", '�A_
W. D. ROGERS, JR., Mg�Qk if
67-26-299-825 Motion by Councilman Kastman, seconded by Councilman Medlock, 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
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW AND
ORDERING THE ISSUANCE OF CERTIFICAT$S IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resc
lutions and entered into contract with Kerr Construction Co. (G.W.O. 10554) for the making and
construction of street improvements on portions of numerous streets and/or avenues in said city
including among others the following:
Waco Avenue from its intersection with the South Property Line of 2nd Street to its intersection
with the North Property Line of 2nd Place knownand designated as Sub -Unit Number 6 of Unit Number
2158.
Vicksburg Avenue from its intersection with the -South Property Line of 35th Street to its inter-
section with the North Property Line of 36th Street known and designated as Sub -Unit Number 15 of
Unit Number 2158.
Vicksburg Avenue from its intersection with the South Property Line of 36th Street to its inter-
section with the North Property Line of 37th Street known and designated as Sub -Unit Number 16 of
Unit Number 2158.
Vicksburg Avenue from its intersection with the South Property Line of 37th Street to its inter-
section with the North Property Line of 38th Street known and designated as Sub -Unit Number 17 of
Unit Number 2158.
Vicksburg Avenue from its intersection with a line 3.00 feet South of the South Property Line of
38th Street to its intersection with a line 3.00 feet North of the North Property Line of 39th
Street known and designated as Sub -Unit Number 18 of Unit Number 2158.
Vicksburg Avenue from its intersection with a line 3.00 feet South of the South Property Line of
39th Street. to its intersection with the North Property Line of 40th Street known and designated
as Sub -Unit Number 19 of Unit Number 2158.
Vicksburg Avenue from its intersection with the South Property Line of 40th Street to its inter-
section with the North Property Line of 41st Street known and designated as Sub -Unit Number 20 of
Unit Number 2158.
Vicksburg Avenue from its intersection with the South Property Line of 41st Street to its inter-
section with a line 6.00 feet North of the North Property Line of 42nd Street known and designa-
ted as Sub -Unit Number 21 of Unit Number 2158.
100
-p 2 8 1967
3rd Street from its intersection with the East Property Line of Uvalde Avenue to its intersection
with a line 2.•00 feet West of the West Property Line of Avenue U (South Leg) known and desig-
nated as Sub -Unit Number 2 of Unit Number 2159.
3rd Street from its intersection with a line 2.00 feet East of the East Property Line of Avenue
U to its intersection with a line 2.00 feet West of the West Property Line of Temple Avenue known
and designated as Sub -Unit Number 3 of Unit Number 2159.
3rd Street from its intersection with a line 2.00 feet East of the East Property Line of Temple
Avenue to its intersection with a line 2.00 feet West of the West Property Line of Avenue T
known and designated as Sub -Unit Number 4 of Unit Number 2159.
3rd Street from its intersection -with a line 2.00 feet East of the East Property Line of Sherman
Avenue (South Leg) to its intersection with a line 2.00 feet West of the West Property Line of
Avenue S (South Leg) known and designated as Sub -Unit Number 5 of Unit Number 2159.
Toledo Avenue from its intersection with the South Property Line of 39th Street to its inter-
section with the North Property Line of-40th Street known and designated as Sub -Unit Number 29
of Unit Number 2159.
Toledo Avenue from its intersection with the South Property Line of 36th Street to its inter-
section with a line 2.00 feet North of the North Property Line of 37th Street known and desig-
nated as Sub -Unit Number 31 of Unit Number 2159.
Toledo Avenue from its intersection with a line 2.00 feet South of the South Property Line of
37th Street to its intersection with the North Property Line of 38th Street known and designated
as Sub -Unit Number 32 of Unit Number 2159.
Peoria Avenue from its intersection with a line 2.00 feet North of the North Property Line of
18th Street to its intersection with a line 8.00 feet South of the South Property Line of 17th
Street known and designated as Sub -Unit Number 33 of Unit Number 2159.
Peoria Avenue from its intersection with a line 8.00 feet North of the North Property Line of
17th Street to its intersection with a line 8.00 feet South of the South Property Line of 16th
Street known and designated as Sub -Unit Number 34 of Unit Number 2159.
17th Street from its intersection with a line 248.72 feet West of the West Property Line of
Utica Avenue to its intersection with the West Property Line of Utica Avenue known and designat-
ed as Sub -Unit Number 35 of Unit Number 2159.
18th Street from its intersection with a line 18.00 feet East of the East Property Line of
Utica Drive to its intersection with the West Property Line of Utica Avenue known and designated
as Sub -Unit Number 36 of Unit Number 2159.
24th Street from its intersection with a line 11.00 feet East of the East Property Line of Chicago
Avenue to its intersection with a line 3.00 feet West of the West Property Line of Bangor Avenue
known and designated as Sub -Unit Number 37 of Unit Number 2159.
24th Street from its intersection with a line 3.00 feet East of the East Property Line of Bangor
Avenue to its intersection with a line 8.00 feet West of the West Property Line of Albany Avenue
known and designated as Sub -Unit Number 38 of Unit Number 2159.
46th Street from its intersection with a line 16.00 feet West of the West Property Line of Dover
Avenue to its intersection with the West Curb Line of Englewood Avenue known and designated as
Sub -Unit Number 39 of Unit Number 2159.
Utica Drive from its intersection with a line 23.50 feet South of the North Property Line of 19th
Street to its intersection with a line 13.00 feet North of the North Property Line of 18th
Street known and designated as Sub -Unit Number 5 of Unit Number 2161.
Utica Drive from its intersection with a line 13.00 feet North of the North Property Line of 18th
Street to its intersection with a line 248.72 feet West of the West Property Line of Utica Avenue
known and designated as Sub -Unit Number 6 of Unit Number 2161.
AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or
avenues, have been inspedted and found to have been constructed in accordance with terms of said
contract (G.W.O. 10554).
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.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 1967.
300A
Toledo Avenue from its intersection with the South Property Line of 40th Street to its intersection
with a line 6.00 feet Borth of the North Property Line of 42nd Street known and designated as Sub -
Unit Number 30 of Unit Number 2159.
f 0
SEP 2 8 19
4b.
am
W. D. ROGM, JR. , _Ma
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 September 28, 1967
Lubbock, Texas
Gentlemen:
I have examined the paving improvements constructed by Kerr Construction Company, paving
contractor, under their contract dated November 22, 1967, designated as G.W.O. 10554 and find the
improvements on Waco Avenue, Vicksburg Avenue, 3rd Street, Toledo Avenue, Peoria Avenue, 17th
Street, 18th Street, 24th Street, 46th Street and Utica Drive 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, 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 respec-
tive properties.
Yours very truly,
/s/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONSOLIDATED FINAL ESTIMATE G.W.O. 10554 Accepted September 28, 1967
UANTITIES
S.Y. S:Y. S.X. S.Y.
Unit & Paving L.F. Alley Valley Re-sur-
Sub-Unit Location 6" BaseC & G Return Gutter_ facinjZ
2158-6 Waco Avenue from the SPL of 789.10 564.50 26.67 7.80
2nd Street to the NPL of 2nd .
Place
2158-15 Vicksburg Avenue from the SPL 764.26
of 35th Street to the NPL of
36th Street
2158-16 Vicksburg Avenue from the SPL 799.50
of 36th Street to the NPL of 37th
Street
2158-17 Vicksburg Avenue from the SPL 826.50
of 37th Street to the NPL of
38th Street
2158-18 Vicksburg Avenue from 3.00 ft. 815.97
S. of the SPL of 38th Street
to 3.00 ft. N. of the NPL of
39th Street
2158-19 Vicksburg Avenue from 3.00 ft. 795.60
S. of the SPL of 39th Street
to the NPL of 40th Street
2158-20 Vicksburg Avenue from the SPL 808.89
of 40th Street to the NPL of
41st Street
2158-21 Vicksburg Avenue from the SPL 777.11
of 41st Street to 6.00 ft. N.
of the NPL of 42nd Street
2159-2 3rd Street from the EPL of 1,043.91
Uvalde Avenue to 2.00 ft. W.
of the WPL of Avenue U (S.Leg)
2159-3 3rd Street from 2.00 ft. E. of 1,036.80
the EPL of Avenue U to 2.00
ft. W. of the WPL of Temple
Avenue
2159-4 3rd Street from 2.00 ft. E. of 947.91
the EPL of Temple Avenue to
2.00 ft. W. of the WPL of
Avenue T
591.60 21.33
617.60 21.33
631.60 21.33
623.90 21.33
615.42 21.33
584.00 21.33
562.00 21.33
620.20 23.33
615.20 24.89
563.20 24.89
56.56
58.51
62.82
49.98
58.92
11.56
10.11
21.33
19.91
16.36
302
SEp 2 81967
2159-5
3rd Street from 2.00 ft. E.
947.91
583.10
24.89
41.32
of the-EPL of Sherman Avenue
(S. Leg) to 2.00 ft. W. of
the WPL of Avenue S (S.Leg)
2159-29
Toledo Avenue from the SPL
1,253.33
737.00
24.89
12.44
of 39th Street to the NPL
of 4Oth Street
2159-30
Toledo Avenue from the SPL
1,232.00
725.00
24.89
10.67
of 40th Street to 6.00 ft. N.
of the NPL of 42nd Street
2159-31
Toledo Avenue from the SPL
970.67
578.00
24.89
14.22
of 36th Street to 2.00 ft.
N of the NPL of 37th Street
2159-32
Toledo Avenue from 2.00 ft.
970.67
578.00
24.89
19.56
S. of the SPL of 37th Street
to the NPL of 38th Street
2159-33
Peoria Avenue from 2.00 ft.
1,120.00
642.00
16.00
19.56
N. of the NPL of 18th Street
to 8.00 ft. S. of the SPL
of 17th Street
2159-34
Peoria Avenue from 8.00 ft. N.
1,116.44
640.00
16.00
12.44
of the NPL of 17th Street
to 8.00 ft. S. of the SPL
of 16th Street
2159-35
17th Street from 248.72' W. of
894.58
503.20
7.11
the WPL of Utica Avenue to
the WPL of Utica Avenue
2159-36
18th Street from 18.00 ft. E.
647.11
364.00
3.55
of the EPL of Utica Drive
to the WPL of Utica Avenue
2159-37
24th Street from 11.00 ft. E.
3,022.93
1,700.40
7.11
of the EPL of Chicago Avenue
to 3.00 ft. W. of the WPL
of Bangor Avenue
2159-38
24th Street from 3.00 ft. E.
2,456.31
1,392.80
8.89
of the EPL of Bangor Avenue
to 8.00 ft. W. of the WPL
of Albany Avenue
2159-39
46th Street from 16.00 ft. W.
3,559.03
1,869.48
52.54
of the WPL of Dover Avenue
to the 'West Curb Line of
Englewood Avenue
2161-5
Utica Drive from 23.50' S. of
2,573.32
1,189.01
10.00
55.88
the NPL of 19th Street to
13.00 ft. N. of the NPL of
18th Street
2161-6
Utica Drive from 13.00 ft.-N.
1,928.83
937.07
10.17
of the NPL of 18th Street to
248.72' W. of the WPL of
Utica Ave.
TOTAL
32,100.68
19,018.38
425.71
108.42 530.73
COST ESTIMATE
32,100.68
S.Y.
Paving 6" Base
@.$1.85
$ 59,386.26
19,018.38
L.F.
Curb & Gutter
@
$1.75
33,282.16
425.71
S.Y.
Alley Return
@
$6.75
2,873.54
108.42
S.Y.
Valley Gutter
@
$7.00
758.94
530.73
S.Y.
Resurface
@
$1.20
636.87
CONTRACT COST
$ 96,937.77
COST DISTRIBUTION
Property
City to
Unit &
Contract
Owner
Contractor
Sub -Unit
Cost
Cost
NOW
2158-6
2,637.10
2,027.60
609.50
2158-15
2,661.03
1,766.76
894.27
2158-16
2,774.07
1,854.28
919.79
2158-17
2,853.70
1,836.78
1,016.92
2158-18
2,805.34
1,819:28
986.06
2158-19
2,763.54
1,854.28
909.26
2158-20
2,676.30
1,854.28
822.02
30
SEP 2 8 19E
ftm
67-26-303-826
(23)
67-26-303-827
(29)
2158-21
2,577.27
1,819.28
757.99
2159-2
3,199.67
1,831.02
1,368.65
2159-3
3,186.58
1,901.68
1,284.90
2159-4
2,926.88
1,837.65
1,089.23
2159-5
2,991.66
1,733.90
1,257.76
2159-29
3,791.35
2,210.95
1,580.40
2159-30
3,728.77
2,148.88
1,579.89
2159-31
2,992.32
1,876.20
1,116.12
2159-32
2,998.72
1,876.20
1,122.52
2159-33
3,326.97
2,536.84
763.13
2159-34
3,308.35
2,538.36
769.99
2159-35
2,544.11
2,968.02
- 423.91
2159-36
1,838.43
2,179.36
- 340.93
2159-37
8,576.65
9,297.11
- 720.46
2159-38
6,978.45
7.566.69
- 588.24
2159-39
10,223.58
9,705.79
517.79
2161-5
7,300.07
5,792.26
1,507.81
2161-6
5,276.86
4.619_.82 _
657.04
TOTALS $ 96,937.77 $ 77,480.27 $ 19,457.50
Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5328 be passed on first reading.
ORDINANCE NO. 5328
AN ORDINANCE CHANGING THE NAME OF COLLEGE AVENUE TO UNIVERSITY AVENUE, AND DIRECTING SUCH
CHANGE TO BE SHOWN ON THE OFFICIAL CITY MAP,.PROVIDING AN EFFECTIVE DATE.
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. 5329 be passed on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5329
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 Improvement Fund
The sum $37,000.00
For the following purpose: Engineering and pre -construction costs on the following water supply
and distribution projects:
1. Five million gallon reservoir on East 66th St. near Loop 289
2. Pump Station #8 at above location.
3. Water Supply Line from CRMWA regulating tank No. 6 (on East 66th)
to above reservoir.
4. Water distribution lines from P. S. #8 to 66th St. and Magnolia
Ave. in Quirt Ave. from 50th St. to 66th St. and from P. S. #8
to -Southeast Drive.
67-26-303-828 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(30) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
purchase of Lots 1, 2, 3, and the east one-half of Lot 4, Block 5, Ellwood Place Addition, being
2501 19th Street from Texas Technological College Foundation for College University Avenue
between 19th Street and 34th Street. The consideration is in the amount of $132,100.
67-26-303-829
(30a)
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. 5330 be passed on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 5330
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 $ 132,100.00
For the following purpose: Acquisition of Parcel 1, College (University) Avenue from the Texas
Technological College Foundation, property address is 2501 19th
Street. Legal description is Los 1, 2, 3, and the East one-half of
Lot 4, Block 5, Ellwood Place Addition, 1st Installment, an Addition
to the City of Lubbock, Lubbock County, Texas. (Subject to previous
right of way deeds, dedications and easements) Consideration is
$132,100.00. GWO 10495
304
SEp 2 81967
67-26-304-830 Mr. Kenneth Bowlin, Attorney, appeared before the City Council for discussion of the pending
(5) sale to Clayton Roberts, property located at 4th Street and the Amarillo Highway, being Parcel
42, Lots 1-4, Block 16, Lots 1-3 and 19-24, Block 15 and parts of Lots 4-7 and 16-18, Block 15,
Original Town, being the old City -County Health Unit property. Mr. Bowlin stated to the City
Council that certain parts of the land had been dedicated for streets and certain parts of the
tract had been deeded back to the original property owner as required by the abstract. There was
also discussion of -the relocation of utilities and at whose expense this should be done. This
tract now comprises 2.671 acres instead of the original 3.57 acres of land. No action was taken
by the City Council, this being taken under advisement for further study.
67-26-304-831 Mr. Tom Johnson, Attorney, and Mr. L. D. Whitely appeared before the City Council requesting
(6) deletion of Condition 3 of Ordinance No. 5095, property located on the south side of 19th Street
at Quaker Avenue. Mr. Dale Davis also appeared before the City Council in regard to this zoning
request. After discussion this request was -taken under advisement by the City Council.
67-26-304-832 Mr. Joe A. Stanley, Chairman of the Citizens' Advisory Committee, appeared before the City
(6a) Council and presented the following letter:
Honorable Mayor and City Council
City of Lubbock
Lubbock, Texas
Gentlemen:
September 28, 1967
I do not bring you a"$41 million" package. It's more like 19 1/2 million in General Obligation
Bonds and 9 1/2 million in self-liquidating Electric Revenue Bonds.
For the purpose of studying in depth the 1968-72 Capital Improvements Program, the subcommittees
on the attached list were named.
The Executive Committee of the Citizens' Advisory Committee is as follows:
Joe A. Stanley, Chairman
Richard B. Dickey, Board of Adjustment
Lennis Baker, Board of City Development
(Dr. 0. Brandon Hull)
Dan Law, Housing Standards Commission
Arnold Maeker, Planning & Zoning Commission
George C. Miller, Urban Renewal Agency
George Woods, Men's Civic and Social Club
James E. Walker, Parks & Recreation Board
It is my feeling that these people are some of the most sound thinking individuals in Lubbock.
I instructed the subcommittees to review very carefully the City's needs for the next five-year
period and to "trim the fat" wherever possible, at the same time bearing in mind Lubbock is fac-
ing problems of deterioration as well as growth. I pointed out that the City is now at a cross-
road, and that capital expenditures by the City the next few years will have a lasting effect
on its future growth and development. Indeed, decisions made at this time will more than likely
determine whether Lubbock will continue to grow and prosper or whether the City loses its impetus
and resigns itself to being a small country college town with a diminishing agricultural economy
and with invaluable Texas Tech.
During the last several weeks, the subcommittees have worked very hard. Several thousand actual
man hours have been devoted to a thorough analysis of the future needs of the City. I cannot
begin to describe the enthusiasm and honest concern shown by the people serving on the various
subcommittees. I am firmly convinced that these people kept uppermost in their minds only
basic needs of the total community, after their in-depth studies, but they also realized that we
had put off some projects as long as we dared to.
I would like to commend the Mayor and the City staff for their help and cooperation. They
certainly displayed good judgementin the preparation of the project requests, and their facts,
statistics, and information proved invaluable to all of•us who were concerned with pulling out
the facts and details of each proposal studied:
Improvements contained in theoriginal preliminary estimates for the five-year program totaled
$44,916,322. After careful consideration, the subcommittees determined that the cost of "catch-
ing M" and providing the basic needs of the City for the next five-year period would be $43,783,
521, which is a reduction of $1,133,000 from the original requests. At this point, the Finance
Committee, Staff, and Joe Smith, the City's Financial Advisor, had already spent many hours
developing some guidelines, so we knew that we could not possibly fund this amount of money and
maintain a sound fiscal position.
In view of the fact that the City would have to undertake a sizable number of capital projects
in the next five years, we began to explore the possibilities of federal grants-in-aid assistance.
Through the efforts and leadership of the Mayor and with the influence of Congressman George
Mahon, arrangements were made whereby Mr. W. W. Collins, Regional Director of the Department of
Housing and Urban Development, came to Lubbock and met with the Finance Subcommittee, and subcom-
mittee chairmen on September 21. Incidentally, Mr. Collins is heading a very important nine -man
task force in Washington, D. C. and would not -have been available*to us had the Mayor not used
his ingenuity and gone through Mr. Mahon. This meeting was very informative and helpful, and
Mr. Collins agreed to send some of his key specialists to Lubbock on September 25 to further
acquaint us with possible federal grants-in-aid.
r
The September 25 meeting with four Housing and Urban Developement Specialists was attended by
the Executive Committee, the Finance Committee, and all subcommittee chairmen. This was also a
most beneficial meeting which lasted practically the entire day with the same group as mentioned
above in attendance. We discussed in detail all of the proposals which were under study by the
P3 )t
SEP 2 8 196
q"
project.
Following the meeting with the HUD representatives, we held a shirt -sleeve work session. We all
realized that we had to make some reductions in the initial subcommittee recommendations in
order to come up with a figure which the City could finance and be within the bounds of a sound
fiscal policy. Consequently, we then simply used the various formulae and percentages as given
to us by the HUD people for the various prjects which might gualify for federal aid, as a tool
for making the necessary reductions. It is the unanimous feeling of the Citizens' Advisory
Committee that these grants-in-aid be applied for at the earliest possible date in order to supple
ment the bond funds.
The following reports of the subcommittees which studied the projects, reflect the feelings of
the members concerning the relative needs of the City. Also included in this report is a tabula-
tion sheet which shown the totals for preliminary staff proposals, subcommittee proposals, funds
available, unissued bonds, total new needs, possible grants-in-aid, and the bonds to be voted,
with the hope that we can stretch our local tax dollars with federal assistance to accomplish the
total program as originally proposed by the staff and subcommittees._
The last two columns of the tabulation sheet are based on calculations and reductions made at our
September 25 meeting. I would like to point out that, because of late revisions and calculations,
some of which were revised just preceding the last meeting of the Citizens' Advisory Committee
this past Tuesday afternoon, some figures contained in the subcommittee reports may not corres-
pond to the exact dollar figure as shown in the tabulation page. This was due to the fact that
there was not sufficient time to rewrite the reports. So, I would invite members of the City f
Council to use the subcommittee reports to gain an insight into the feelings of the members con-
cerning the desirability and necessity of the projects. I
i
The figures in the last column of $29 million, plus $3 1/2 million of unused bonds on hand which
had been voted in prior years, is well within the financial capability of the City of Lubbock,
according to the City's Financial Advisor, and our very capable Finance subcommittee. Of this
amount, as previously stated, $9 1/2 million are self-liquidating electric revenue bonds, thereby,
reducing.the total of new general obligation tax bonds to $19 1/2 million. It is the recommenda-f
tion of the Finance Subcommittee and the unanimous feeling of the Citizens' Advisory Committee
that this capital improvement program be financed with a 1% City Sales Tax and that a referendum ,
for a city sales tax be called on the same date as the referendum for the bond issue.
Mr. J. T. Talking.ton, Chairman of the Finance Subcommittee will, following this report, present
to you the details of the findings and recommendations of his very capable and diligent committee.
Let me say that this fine committee has worked many, many hours to arrive at their conclusions.
(They even had a meeting at 7:00 last Saturday morning.)
Because of the obvious uncertainty in securing federal assistance, we fully understand that the
City Council will have to make a number of adjustments in order that there will be sufficient
bond money available to totally finance the essential and critical projects without any federal
assistance. This, of course, can only be done by further reducing the amounts of the less criti-
cal projects.
It was my feeling that there was a general consensus of the Citizens' Advisory Committee members
that while the City must certainly maintain its sound financial policies, there should not be the
"poor boy" approach to the upcoming Capital Improvements Program. It was generally felt by most
that the City had, in some instances in the past, proceeded too timidly and, as a result, now
finds itself needing to accelerate its efforts toward building the improvements which are necessax
in becoming a more vibrant community.
We feel that - this proposed five-year program is critical so far as the future of the City is con-
cerned. We trust that you will carefully analyze this proposed.five-year program, and if we can II
be of assistance to you in your review, please do not hesitate to call upon us.
Respectfully submitted,
/s/ Joe A. Stanley,
Joe A. Stanley, Chairman
Citizens' Advisory Committee
Several other members of the Citizens' Advisory Committee were present in the Council Room for Mr,,
Stanley's report and recommendation as to a five year bond program for the City of Lubbock. Mr.
Stanley's report was taken under advisement by the City Council; the Mayor expressing apprecia-
tion to Mr. Stanley and the Citizens' Advisory Committee for their work.
67-26-305-833 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(33) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow-
ing resolution be passed. 11
RESOLUTION
WHEREAS, the City Council has determined a need for additional building space to provide in
a better manner the services rendered to the citizens of the City of Lubbock; and
WHEREAS, the United States of America desires to have certain streets and alleys closed and
vacated and utilities relocated in a site selected for the erection of a United States Courthouse
and Federal Office Building; and
WHEREAS, the United States of America Agrees to convey the present Federal Office Building
located in Lubbock, Lubbock County, Texas to the City of Lubbock in exchange for the closing and
f conveying to the united States of America of the portion of public streets and alleys and the
relocation of utilities within the Courthouse and Federal Office Building site by the City of
Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
306
Ep 2 81967
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 contract between the City of Lubbock a contract bet-
ween the City of Lubbock and the United States of America, acting by and ough the Administrator
of General Services in accordance with the agreement set forth above.
Passed by the City Council this 28th day of September, 1967.
•
W. D. ROGERS, JR.;'IYO.
ATTEST:
LAVEN LOWE, City Secre ry-Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
67-26-306-834 Motion by Councilman Kastman,'seconded by Councilman Granberry, motion carried, Mayor Rogers and
(35) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5331 be passed on first reading.
ORDINANCE NO. 5331
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 13TH STREET; THE EAST -WEST ALLEY IN BLOCK
134' THE NORTH -SOUTH ALLEY IN BLOCK 134 AND THE NORTH -SOUTH ALLEY IN BLOCK 150, ALL IN ORIGINAL
TOWN OF LUBBOCK AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABAN-
DONMENT OF THE PORTIONS OF STREETS AND ALLEYS AFORESAID.
67-26-306-835 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(37) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the
following resolution be passed.
RES OLUT ION
BE IT KNOWN that on this the 28th day of September, 1967, at a regular meeting of the govern-
ing body of the City of Lubbock, Texas, there came on to be considered the matter of the execu-
tion of a license between the said City of Lubbock, Texas, and THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, relating to Electric Supply Line across or along Railway Property at or near
said City of Lubbock, Texas, whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that W. D. Rogers, Jr., Mayor, be authorized
and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which
is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot
of this resolution.
STATE OF TEXAS x
COUNTY OF LUBBOCK
I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true
and correct copy of a resolution passed by the City Commission of said City in regular session
on September 28, 1967, as the same appears of record in Book 26, Page 306, Minutes of said City
Commission.
IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this 28th day of September,
1967.
(SEAL) l//a
LAVENIA LOWE, City Secret ry
LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY
THIS LICENSE, made as of the 29th day of August, 1967, between THE ATCHISON, TOPEKA, AND
SANTA FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Santa Fe") and CITY OF
LUBBOCK, TEXAS, a municipal corporation (hereinafter whether one party or more called "Licensee").
WITNESSETH, that the parties hereto for the considerations hereinafter expressed covenant
and agree as follows:
1. In consideration of the sum of One and No/100ths Dollars ($1.00) in hand paid by
Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and
agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the
same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply
line containing a maximum of Four conductors across or along the premises of Santa Fe at or near
the station of Lubbock, Lubbock County, Texas, the kind and gauge of said conductors, the pahse,
frequency and voltage of the electric circuit carried thereon and the location of said electric
supply line being more particularly shown upon the print hereto attached, No. DEOS 8453 dated
August 18, 1967 marked "Exhibit A", and made a part hereof. For convenience, the said electric
supply line, with all conductors and their supporting or containing structures in so far as they
relate to said electric supply line upon said premises, is hereinafter -called the "Electric
Supply Line."
2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric
Supply Line in strict accordance with the Specifications, for the time current, for Electric
Supply Lines across or along Railway Property, adopted by the Electrical Section of the Associa-
tion of American Railroads, or any successor agency, except where by statute or order of compe-
306A
67-26-305-833
(33)
CONTRACT BETWEEN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND THE UNITED STATES
OF AMERICA
This contract and agreement, made by and between the City of Lubbock, Lubbock County, Texas, and
the United States of America, acting by and through the Administrator of General Services, under
and pursuant to the powers and authority contained in the Federal Property and Administrative
Services Act of 1949, 63 Stat. 377, as amended, and the Public Buildings Act of 1959, 73 Stat. 479,
as amended (40 U.S.C. 601-615),and rules, regulations and orders issued pursuant thereto;
WHEREAS, the City of Lubbock, Lubbock County, Texas, desires to acquire a tract of land including
improvements thereon consisting of a metal shed and a two-story, masonry and steel frame building
formerly known as the Veterans Administration Building but hereinafter called the Federal Office
Building, owned by the United States of America, located in Lubbock, Lubbock County, Texas, and
more specifically described hereinafter; and,
WHEREAS, the land and improvements are not suitable or desired for further Federal use; and
WHEREAS, the United States of America desires to acquire title to other property in the City of
Lubbock, Lubbock County, Texas, hereinafter referred to as the Courthouse and Federal Office Build-
ing site; and
WHEREAS, the said Courthouse and Federal Office Building site contains certain utility lines which
must be removed or relocated, and public alleys and a portion of a street which must be closed and
conveyed to the United States of America; and
WHEREAS, the City of Lubbock, Texas, has offered to remove or relocate all utility lines, to close
alleys and said portion of a street in said Courthouse and Federal Office Building site and to
quitclaim and convey all right, title and interest in said portion of street and alley to the United
States of America and cause Disclaimers to filed as hereinafter set forth in exchange for title to
the said Federal Office Building property; and
WHEREAS, it has been determined to be in the best interest of the United States of America to convey
the said Federal Office Building to the City of Lubbock, Texas, in exchange for removal or reloca-
tion of utility lines and closing of alleys and portion of street and quitclaiming all right, title
and interest in same to the United States of America, as referred to above.
NOW THEREFORE, the parties hereto agree as follows:
1. ,The City of Lubbock, Texas, will promptly take the necessary legal action to close all public
alleys in Blocks 134 and 150, Original Town, City of Lubbock, Texas, and that portion of 13th
Street lying in and between said Blocks 134 and 150, Original Town, Lubbock, Texas, and will
quitclaim all its rights, title and interest in same to the United States of America.
2. The City of Lubbock, Texas, will also execute the attached Disclaimer form in duplicate as to
any compensation, other than as noted hereinafter in Paragraph 6, and will request to be dis-
missed without cost from Civil Action No. 5-364 and will file same in the United States District
Court for the Northern District of Texas, Fort Worth, Texas.
3. The City of Lubbock, Texas, will, prior to February 1, 1968, remove, relocate or abandon all
utility lines from Blocks 134 and 150, Original Town of Lubbock, Texas, including such lines in
all public alleys in said Blocks 134 and 150, and in that portion of 13th Street situated
between said Blocks 134 and 150 without cost to the Government except as hereinafter stated.
Any of such lines which are abandoned shall be deactivated at the Block lines and shall be
plugged where necessary.
4. On or before February 1, 1968, the City of Lubbock, Texas, also agrees to cause to be furnished
to the United States of America an original and one copy of the attached Disclaimers signed by
the utility companies hereinafter named: Lubbock Power & Light Company, Southwestern Public
Service, Pioneer Natural Gas Company, and Southwestern Bell Telephone Company.
5. It is mutually understood and agreed, by and between the parties hereto, that all utility lines
not removed from the said Courthouse and Federal Office Building site on or before February 1,
1968, shall become the property of the United States of America.
6. After completion of the new Courthouse and Federal Office Building and the vacating of the said
Federal Office Building, which completion date is estimated to be July 31, 1970, the United
States of America,acting by and through the Administrator of General Services, will execute,
acknowledge and deliver a Deed Without Warranty to the said City of Lubbock, Texas, conveying
the following described two tracts of land, located in the State of Texas, County of Lubbock and
City of Lubbock, and more particularly described as follows, to -wit:
Parcel No. 1, being the same land conveyed to the United States of America by the West Texas
Regional Investment Company, Inc., in Warranty Deed dated October 1, 1948, as the same appears
of record in Vol. 385, Page 412, Warranty Deed Records, Lubbock County, Texas:
�. A part of Section 2, Block 0, Certificate No. 0/516, Abstract No. 591, situated in Lubbock
County, Texas, and being the same property sometimes known as a part of the South Half of
Block 4, Overton Addition to the City of Lubbock, Lubbock County, Texas, described by metes and
Bounds as follows:
BEGINNING at the intersection of the North edge of Nineteenth Street and the East line of
Block 4, Overton Addition to the City of Lubbock, Lubbock County, Texas, as extended and being
in the East line of said Section 2, Block 0, Lubbock County, Texas and in the West line of an
alley as located and used upon the ground; THENCE North along the West line of an alley and
along the East line of said Section 2, Block 0, Lubbock County, Texas, to the South line of the
alley running East and West, approximately 145.4 feet; THENCE West along the South line of said
alley approximately 257.95 feet to a point in the South line of said alley where the North
extension of th6 West edge of the brick building located on the premises herein described inter-
sects the South line of said alley; THENCE South approximately 150.97 feet, along the West out-
side edge of said brick building and continuing to the North line of Nineteenth Street; THENCE
with all interest in streets and alleys adjoining said premises.
Parcel No. 2, being the same land conveyed to the United States of America by the West Texas
Regional Investment Company, Inc., in Warranty Deed dated June 16, 1949, as the same appears
of record in Vol. 386, Page 533, Warranty Deed Records, Lubbock County, Texas:
A certain tract or parcel of land situated in Lubbock County, Texas, and being out of Section
2, Block 0 and described by metes and bounds as follows:
BEGINNING in the North line of 19th Street in the City of Lubbock at a point approximately
255.9 feet west of the east line of Section 2, Block 0, and at the exact point where the pro-
juection of the west wall of the present Veteran's Administration building intersects the
North line of 19th Street; THENCE North along the west wall of the Veterans Administration
Building to the point in South line of alley where the projection of said west wall inter-
sects the South line of the alley, a distance of approximately 150.97 feet; THENCE West along
South line of alley a distance of 42.05 feet; THENCE South a distance of 151.95 feet to the
North line of 19th Street: THENCE East along North line of 19th Street distance of 42.05
feet to the place of beginning, together with all rights held by grantor in the street and
alley adjoining such property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 28th day of September,
1967 A. D. (1*4%,
ATTEST:
LAVENIA LOWE, City ecre
THE CIT VXA
BY R
W. D. ROGERS, JR.,
UNITED STATES OF AMERICA, Acting by and
through the Administrator of General Services
BY
w.
`N
SEP 2 8196
s
i
required or permitted, in which case such construction or maintenance shall be in strict accor-
dance with such statute or order; provided, however, all materials and workmanship employed in
the construction -and maintenance of the Electric Supply Line shall be subject to the approval of
Santa Fe.
3. Licensee shall, at Licensee's own cost, remove all combustible material from around
wooden poles and will at all times keep the space around such poles free of such material, and
if removal of such combustible material shall not be attended to within fifteen (15) days after
having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the
work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred.
4. During construction and while repairing, renewing or changing the Electric Supply Line,
Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur
to the property of Santa Fe, and that there shall be no interference with the operation of its
railroad. -Upon completion of the Electric Supply Line or after the making of any changes, repairs
or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state;
and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the
entire cost incurred in employing watchmen or such other means of protection as in the judgment
of Santa Fe may be required during the construction, maintenance, repair, renewal or changing of
the Electric Supply Line.
5. If at any time during the term hereof Santa Fe shall desire to make any use of its pro-
perty with which the Electric Supply Line will in any way interfere, including the relocation of
existing or the construction of new lines of poles, wires, conduits and other facilities in which
it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after
receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply
Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use
of its property.
6. Santa Fe shall have the right at its election itself to construct the Electric Supply
Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary
or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advanc
to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or change.
If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the
amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as
the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost
and in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced,
with interest.
7. -Licensee shall.at all times indemnify and save harmless Santa Fe and other companies
operating over its tracks against,and shall pay in full, all loss, damage or expense that they,
or any of them, may sustain, incur, or become liablefor, resulting in any manner from the construc-
tion, maintenance, use, state of repair, or presence of the Electric Supply Line uponsaid premise:
including any such -loss, damage or expense arising out of (a) loss of or damage to property,(b)
injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or
assessments of any kind.
8. Since this license is made in part for the benefit of other companies operating over
Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly
or severally, as their interests may be joint orseveral. None of said companies nor the Santa
Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to
negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply with or carry out any of the cov-
enants herein contained, and such failure or refusal shall continue for a period of thirty (30)
days after written demand for such performance or compliance shall have been made upon Licensee
by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in
case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith
remove the Electric Supply Line and restore said premises to the condition in which they were
prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such
removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee
shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or
defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the
right to terminante the same for any subsequent default or defaults, but notwithstanding such
waiver Santa Fe may terminate this license upon any subsequent default or defaults which may
occur; nor shall any termination hereof release Licensee from any liability or obligation here-
under, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date of termination or such later date when the Electric Supply Line may be removed
and said premises restored as hereinabove provided.
10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system
and use the best known and most effective methods to protect the lines, wires, and service of
Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the
license and permission herein to Licensee, from interference and physical hazard, and if necessary
in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose
Licensee's circuits or make such changes in the construction or location of the Electric Supply
Line as may be specified by Santa Fe.
11. In case of the eviction of Licensee by any one owning or claiming title to or any interef
in said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage ofl
any nature whatsoever, or to refund any moneys paid hereunder.
12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly
served if the same be delivered to Licensee or if deposited in the Post Office, postpaid,
addressed to Licensee at P. 0. Box-2000, Lubbock, Texas.
13. In the event Licensee herein consists of two or more parties, all the covenants and
agreements of Licensee herein contained shall constitute the joint and several covenants and
agreements of such parties.
308
Ep 2 81967
14. This license may be terminated by either party hereto upon one (1) months' notice in
writing to be served upon the other party, statingtherein the day of the month that such termina-
tion will take place; and upon the expiration of the time specified in such notice this license,
and all rights and privileges of Licensee thereunder, shall absolutely cease. This license
shall terminate in any event immediately upon the death of the Licensee,if the sole Licensee is
an individual.
15. This license shall be binding upon and inure to the benefit of the parties and their
respective legal representatives, successors and assigns; provided, however, no assignment here-
of by Licensee, Licensee's legal representatives, successors, or assigns, nor any subsequent
assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each in-
stance, and at the option of Santa Fe this license shall be forfeited by any such voluntary
assignment or by an assignment thereof by operation of law.
IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.
APPROVED:
As to Description: BY Isl J. L. Spears
Isl E. C. Smith Its Superintend t
For Chief Engineer
CITY OF
As to Specifications:
Ls1_ J. H. Nail „_. BY e
Superintendent of Communications W. D. ROGERS, JR. o r Licensee)
67-26-308-836 Motion by Councilman Granberry, seconded by Councilman Kastman, motion card, Mar Rogers and
(38) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, t at the follow-
ing resolution be passed.
RESOLUTION
BE IT KNOWN that on this the 28th day of September, 1967, at a regular meeting of the govern-
ing body of the City of Lubbock, Texas, there came on to be considered the matter of the execu-
tion of a license between the said City of Lubbock, Texas, and THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY, relating to Electric Supply Line across or along Railway Property at or
near said City of Lubbock, Texas, whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that W. D. Rogers, Jr.,- Mayor, be authorized and
empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is
hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of
this resolution.
STATE OF TEXAS X
COUNTY OF LUBBOCK X
I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true
and correct copy of a resolution passed by the City Commission of -said City in regular session
on September 28, 1967, as thesame appears of record in Book 26, Page 308, Minutes of said City
Commission.
IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this 28th day of September,
1967.
(sue.) l//ti
LAVENfA LOWE, City Secret ry
LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY
THIS LICENSE, made as of the 8th day of September, 1967, between THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Santa Fe") and THE CITY OF
LUBBOCK, TEXAS, a municipal corporation (hereinafter whether one party or more called "Licensee").
WITNESSETH, that the parties hereto for the considerations hereinafter expressed covenant
and agree as follows:
1. In consideration of the sum of One and No/100ths Dollars ($1.00) in hand paid by
Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and
agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the
same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply
lime containing a maximum of eight (8) electrical conduits across or along the premises of Santa
Fe at or near the station of Lubbock, Lubbock .County, Texas, the kind and gauge of said conduc-
tors, the phase, frequency and voltage of the electric circuit carried thereon and the location
of said electric supply line being more particularly shown upon the print hereto attached, No.
DEOS-8463 dated August 31, 1967, marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures
in so far as they relate to saidelectric supply line upon said premises, is hereinafter called
the "Electric Supply Line."
2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric
Supply Line in strict accordance with the Specifications, for the time current, for Electric
Supply Lines across or along Railway Property, adopted by the Electrical Section of the Associa-
tion of American Railroads, or any successor agency, except where by statute or order of compe-
tent public authority a different type of construction or a different degree of maintenance is
required or permitted, in which case such construction or maintenance shall be in strict accor-
dance with such statute or order; provided, however, all materials and workmanship employed in
30
SEP 2 81967
the.construction and maintenance of the Electric Supply Line shall be subject to the approval of
Santa Fe.
3. Licensee shall, at Licensee's own cost, remove all combustible material from around
wooden poles and will at all times keep the space around such poles free of such material, and if
removal of such combustible material shall not be attended to within fifteen (15) days after
having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the
work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred.
4. During construction and while repairing, renewing or changing the Electric Supply Line,
Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur
to the property of Santa Fe, and that there shall be -no interference with the operation of its
railroad. Upon completion of the Electric Supply Line or after the making of any changes, repairs
or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state;
and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the
entire cost incurred in employing watchmen or such other means of protection as in the judgment of
Santa Fe may be required during the construction, maintenance,repair, renewal or changing of the
Electric Supply Line. 1
5. If at any time during the term hereof Santa Fe shall desire to make any use of its pro-
perty with which the Electric Supply Line will in any way interfere, including the relocation of
existing or the construction of new lines of poles, wires, conduits and other facilities in which
it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after
receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply
Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use
of its property.
b, Santa Fe shall have the right at its election itself to construct the Electric Supply
Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary
or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall
advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or
change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less
than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by
Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to
cover such cost and, in that case, Licensee agrees promptly upon demand to pay to Santa Fe all
sums so advanced, with interest.
7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies
operating over its tracks against, and shall pay in full, all loss, damage or expense that they,
or any of them, may sustain, incur or become liable for, resulting in anymsnner from the construc,
tion, maintenance, use, state of repair, or presence of the Electric Supply Line upon said pre-
mises, including any such loss, damage or expense arising out of (a) loss of or damage to prop-
erty, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d)
taxes or assessments of any kind.
8. Since this license is made in part for the benefit of other companies operating over
Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly
or severally, as their interests may be joint orseveral. None of said companies nor the Santa
Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to
negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply with or carry out any of the cov-
enants herein contained, and such failure or refusal shall continue for a period of thirty (30)
days after written demand for such performance or compliance shall have been made upon Licensee
by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in
case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith
remove the Electric.Supply Line and restore said premises to the condition in which they were
prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such
removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee
shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or
defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the
rightto terminate the same for any subsequent default or defaults, but notwithstanding such
waiver Santa Fe may terminate this license upon any subsequent default or defaults which may
occur; nor shall any termination hereof release Licensee from any liability or obligation here-
under, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date of termination or such later date when the Electric Supply Line may be removed
and said premises restored as hereinabove provided.
10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system
and use the best known and most effective methods to protect the lines, wires, and service of
Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the
license and permission herein to Licensee, from interference and physical hazard, and if neces-
sary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost,
transpose Licensee's circuits or make such changes in the construction or location of the Electri
Supply Line as may be specified by Santa Fe.
11. In case of the eviction of Licensee by any one owning or claiming title to or any inter-
est in said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any
damage of any nature whatsoever, or to refund any moneys paid hereunder.
12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly
served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addres-
sed to Licensee at P. 0. Box 2000, Lubbock, Texas.
13. In the event Licensee herein consists of two or more parties, all the covenants and
agreements of Licensee herein contained shall constitute the joint and several covenants and
agreements of such parties.
14. This license may be terminated by either party hereto upon one (1) months' notice in
31
;Ep 2 8 1967
writing to be served upon the other party, statingtherein the day of the month that such termina-
tion will take place; and upon the expiration of the time specified in such notice this license,
and all rights and privileges of Licensee thereunder, shall absolutely cease. This license
shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is
an individual.
15. This license shall be binding upon and inure to the benefit of the parties and their
respective legal representatives, successors and assigns; provided, however, no assignment hereof
by Licensee, Licensee's legal representatives, successors or assigns, nor any subsequent assignee,
shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at
the option of Santa Fe this license shall be forfeited by any such voluntary assignment or by
any assignment thereof by operation of law.
IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
APPROVED:
As to Description: BY /sl J. P. Spears
/s/ E. C. Smith T Its Superintendent
For Chief Engineer
THE CITY 0 K, T
As to Specifications:
/-_ J. H. _Nail BY A
Superintendent of Communications W. D.. ROGERS, ., (Licensee)
67-26-310-837 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion ried, yor Rogers and
(40) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none vo ng Na to authorize
the Mayor to execute the following financialadvisory contract between the City of Lubbock and
the First Southwest Company.
FINANCIAL ADVISORY CONTRACT
(General Obligation Bonds)
Date September 28 1967
To: The Honorable Mayor and
City Council
City of Lubbock, Texas
Gentlemen:
1. We understand that you contemplate ordering an election within your City at which there
will be submitted to its qualified voters the proposition(s) of authorizing the issuance of
certain bonds in the following amount(s) and for the purpose(s) indicated:
General -Obligation Bonds, amounts and purposes to be determined,
and that in connection with the authorization, issuance, sale and delivery of such bonds you de-
sire this proposal from us to perform professional services in the capacity of Financial Advisors
for your City.
2. By this proposal we offer our professional services and our facilities as Financial
Advisors and agree to perform the following duties normally performed by such advisors, and to
perform such other duties as, in our judgment, may be necessary or advisable:
a. To make a study of the debt structure of your City, the trend of its assessed valua-
tion, its taxing power and the present and estimated future taxing requirements,
and on the basis of such study to devise and recommend for your approval a plan of
financing to cover the proposed bonds. Such plan shall include a maturity schedule
and other terms and conditions, such as options of prior payment and the like, as
will, in our opinion, result in the issuance of the bonds under terms and condi-
tions most advantageous to your City consistent with a minimum effective interest
rate.
b. Under the direction and legal advice of a firm of recognized municipal bond attor-
neys to be retained by you, and whose fees will be paid by us, we will assist you
in and supervise the steps necessary to be taken in the bond election, the legal
issuance of the bonds and the final delivery of the bonds to the purchaser. In
this connection it is understood that you have retained, or will retain, the firm
of (to be established by the City) whose legal services shall also include rendi-
tion -of an unqualified approving opinion as to the legality of the bonds.
c. At such time as it shall be decided to order a bond election, we will assemble and
transmit to the bond attorneys such data as may be required in the preparation of
the necessary petitions, orders, resolutions, notices. and certificates; and upon t.
preparation thereof, will submit such documents to your governing body for appro-
priate action.
d. We will procure and deliver to such official as you may designate such sets of
election supplies, including ballots (but excluding voting machines and voting
booths) as are required for each polling place, and affidavits.
e. To advise you of current bond market conditions, forthcoming bond issues and other
general information and economic data which might normally be expected to influence
interest rates or bidding conditions so that the date for the sale of the bonds can
be set at a time which, in our opinion, will be favorable.
f. To prepare, if required, an Official Notice of Sale, an Official Statement, or
Prospectus, containing financial data and other information of the nature and to
SEp 2 8 1961
of this type, and a uniform Bidding Form, all of which we are to furnish in a suffi-
cient number of copies to permit mailing to a list of prospective bidders which we
also agree to provide.
g. To attend to and pay for the printing of the bonds.
h. To pay the necessary expenses in obtaining the approving opinion of the Attorney
General of the State of Texas and the registration of the bonds by the Comptroller
of Public Accounts, and the delivery of the bonds to the purchaser at a bank in Aust3
Texas.
i. If the bonds are eligible under Texas laws for purchase by the State Board of Educa-
tion, to assist in the preparation and timely submission of an Application for
Waiver to said Board.
j. To accompany, if regested, members of the City Council or other City officials to
New York, New York, to present financial and economic data necessary to retain or
obtain a rating on any proposed issue. Expenses incurred by us in this instance
will be assumed by us.
3. We agree to direct and coordinate the entire program of financing herein contemplated
and to assume and pay the expenses above enumerated.. It is specifically understood and agreed,
however, that this obligation on our part shall not cover payment of any local election expenses
(except that we will furnish election supplies to the extent hereinabove provided); nor shall it
cover the cost of publication of notices in newspapers, or other publication costs, or the expens(
of any litigation.
4. As consideration for the services rendered by us and as reimbursement for the expenses
which we are to incur, it is understood and agreed that your City is to pay and we are to accept
a cash fee to be computed as follows:
the recommended minimum fee of the Municipal Advisory Council of Texas; Part VI, pages 10-
12, "Financial Advisory Services for Municipalities", booklet attached.
Such fee shall become due and payable simultaneously with delivery of the bonds to the purchaser.
5. In the event the bond election contemplated by this proposal should fail, then the fee
due us shall be nothing; however, should the same or similar proposition(s) again be submitted
at an election held within 36 months from date hereof, then at our option the agreement covered
by this proposal shall apply to any bonds authorized at such election.
6. It is understood and agreed that you andthe officials of your City will cooperate with
us and the heretofore mentioned bond attorneys in the passage of all necessary orders or resolu-
tions and in the completion of all certificates required in the issuance of the bonds.
7. It is further understood and agreed that we reserve the right to submit a bid for the
bonds when offered for sale.
8. This agreement shall be terminated by the delivery to the purchaser of the bonds covered
hereby, or by the elapse of 60 months from date of your acceptance hereof, whichever shall first
occur; however, if the bonds have not been so delivered within the period specified, this agree-
ment may be extended by mutual consent.
9. This proposal is submitted in duplicate originals. When accepted by you it will consti-
tute the entire agreement between your City and the undersigned for the purpose and consideration
herein specified. Your acceptance will be indicated by the signature of your Mayor, attest by
your City Secretary, on both copies and returning one executed copy to us.
Respectfully submitted,
FIRST SOUTHWEST COMPANY
By. /s/ Joe W. Smith
Authorized Representative
ACCEPTANCE
ACCEPTED pursuant to Mintes adopted by the City
Council of C' f L bow, Texas
on t
the 28th day of September, 1967.
J\
By �
W. D. ROGERS, JR.
Title Major. CitX of Lub
k
Te s
ATTEST•
LAVENIA LOWE, City Secretary, City of
Lubbock, Texas
67-26-311-838
Motion by Councilman Kastman, seconded by Councilman
Diekemper, motion carried, Mayor
Rogers and
(40a)
Councilmen Granberry, Kastman, Diekemper and Medlock
voting Yea, none voting Nay, to authorize
the employment of the firm of Dumas, Huguenin and Boothman, Bond Attorneys, as set out
in Para-
graph 2-B of the above financial contract.
67-26-311-839
Motion by Councilman Kastman, seconded by Councilman
Diekemper, motion carried, Mayor
Rogers and
(39)
Councilmen Granberry, Kastman, Diekemper and Medlock
voting Yea, none voting Nay, that
the
following resolution be passed.
112
Ep 2 8 1967
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF LUBBOCK HELD ON THE 28th DAY OF
September, 1967
On the 28th day of September at 10:00 o'clock a.m., the City Council of the City of Lubbock
met in Regular'Session. The meeting was called to order and on roll call the following members
of the body were present: Messrs. Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry,
Jack Kastman, Ray J. Diekemper, Jr., and W. E. Medlock
ABSENT: None
Also present were City Manager W. R. Blackwell, City Attorney Fred 0. Senter, Jr., City
Secretary -Treasurer Lavenia Lowe.
There being a quorum present, the following business was transacted:
The following Resolution was introduced by Mr. Jack Kastman, read in full and considered:
RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF
LUBBOCK, TEXAS AND AUTHORIZING ITS EXECUTION
WHEREAS, the City of Lubbock, Texas, has caused to be published twice in its officially
designated newspaper the notice of its intent to enter into a Cooperation Agreement with the
Housing Authority of The City of Lubbock, Texas; and
WHEREAS, 60 days or more have elapsed since the date of the first publication of said
Notice, with no petition for election being filed in accordance with the Housing Cooperation Law
of Texas;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF the City of Lubbock, Texas, as follows:
1. The Cooperation Agreement between the City of Lubbock, Texas, and the Housing Authority
of the City of Lubbock, Texas, is hereby approved.
2. The Mayor of the City of Lubbock, Texas, is hereby authorized and directed to execute
said Agreement and the City Secretary -Treasurer of the City of Lubbock, Texas, is hereby author-
ized and directed to seal and attest said Cooperation Agreement in the name of the City of
Lubbock, Texas.
3. This Resolution shall become effective immediately.
4. The Cooperation Agreement is in the following form, as attached hereto and made a part
hereof: (See Form of Cooperation Agreement attached to Original Resolution)
The Resolution was read in full, considered and discussed.
Mr. Jack Kastman moved its adoption and Mr. Ray J. Diekemper seconded the motion. On roll call
the following voteuas recorded:
AYES: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Jack Kastman, Ray J.
Diekemper, Jr., and W. E. Mediock
NAYS: None
Thereupon the Resolution was declared duly adopted and passed.
ADJOURNMENT: Meeting adjourned at 12:30 o'clock
(SEAS,)
ATTEST:
LAVENIA LOWE, City Secretary -Treasurer
C E R T I F I C A T E
I, Lavenia Lowe, Secretary -Treasurer of the City of Lubbock, hereby certify that I have
compared the annexed extracts from the minutes of the regular meeting of the City Council of
said City held on the 28th day of September, 1967, with the original thereof, recorded in the
official minute book, and that it is a correct transcript therefrom and of the whole of said
original; that the annexed extract of the minutes of the meeting is a true and complete tras-
script of such minutes and that the Resolution contained therein is a true, complete, and
accurate copy of the Resolution adopted at said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the City of Lubbock, this
28th day of September, 1967.
(SEAL)
LAVENIA LOWE, City S cretar -Treasurer
r
t_.
ATTORNEY'S CERTIFICATE AND OPINION
I, the undersigned City Attorney for the City of Lubbock, do hereby certify that I have
examined the attached extract from the regular meeting of the Catty Council of the City of
Lubbock, held on September 28, 1967, and it is my opinion that the aforesaid meeting was duly
31,3
SEp 2 819E
such governing body in compliance with the laws of the State of Texas, and are not subject to
referendum or the time for filing a petition for referendum has expired.
/s/ Fred 0._Senterl Jr.
FRED 0. SENTER, JR., City Attorney
COOPERATION AGREEMENT
This Agreement entered into this 28th day of September, 1967, by and between THE HOUSING
AUTHORITY OF THE CITY OF LUBBOCK, TEXAS, (herein called the "Local Authority") and THE CITY OF
LUBBOCK (herein called the "Municipality"), WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree
as follows:
1. Whenever used in this Agreement:
^, (a) The term "Project" shall mean any low -rent housing hereafter developed as an entity
by the Local Authority with financial assistance of the Department of Housing and Urban
Development through its Housing Assistance Administration (herein called the "HAA");
excluding, however, any low -rent housing project covered by any contract for loans and
annual contributions entered into between the Local Authority and the HAA or its predece
sor agencies, prior to the date of this Agreement.
(b) The term "Taxing Body" shall mean the State or any political subdivision or taxing
unit thereof in which a Project is situated and which would have authority to assess or
levy real or personal property taxes or to certify such taxes to a taxing body or public
officer to be levied for its use and benefit with respect to a Project if it were not
exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a
Project for dwelling rents and non -dwelling rents (excluding all other income of such
Project), less the cost to the Local Authority of all dwelling and non -dwelling utilitie
(d) The term "Slum" shall mean any area where dwellings predominate which, by reason of
dilapidation, overcrowding,faulty arrangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors, are detrimental to safety,
health or morals.
2. The Local Authority shall endeavor (a) to secure a contract or contracts with the HAA
for loans and annual contributions covering -one or more Projects comprising approximately 236
units of low -rent housing and (b) to develop and administer such Project or Projects, each of
which shall be located within the corporate limits of the Municipality. The obligations of the
parties hereto shall apply to each such Project.
3. (a) Under the constitution and statutes of the State of Texas, all Projects are exempt
from all real and personal property taxes and special assessments levied or imposed by
any Taxing Body. With respect to any Project, so long as either (i) such Project is
owned by a public body or governmental agency and is used for low -rent housing purposes
or (ii) any contract between the Local Authority and the HAA for loans or annual contri-
butions, or both, in connection with such Project remains in force and effect, or (iii)
any bonds issued in connection with such Project or any monies due to the HAA in connec-
tion with such Project remain unpaid, whichever period is the longest, the Municipality
agrees that it will not levy or impose any real or personal property taxes or special
assessments upon such Project, or upon the Local Authority with respect thereto. During
such period, the Local Authority shall make annual payments (herein called "Payments in
Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the
Public services and facilities furnished from time to time without other cost or charge
for or with respect to such Project.
(b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal
year established for such Project, and shall be in an amount equal to either (i) ten
percent (10%) of the aggregate Shelter Rent Charged by the Local Authority in respect
to such Project during such fiscal year, or (ii) the amount permitted to be paid by
applicable State law in effect on the date such payment is made, whichever amount is the
lower.
(c) The Local Authority shall distribute the Payments in Lieu of Taxes among the Tax-
ing bodies in the proportion which the real property taxes which would have been paid to
each Taxing Body for such year if the Project were not exempt from taxation bears to the
total real property taxes which would have been paid to all Taxing Bodies for such
year if the Project were not exempt from taxation; Provided, however, That no payment
for any year shall be made to any Taxing Body in excess of the amount of the real proper
ty taxes which would have been paid to such Taxing Body for such year if the Project wer
not exempt from taxation.
(d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien
against any Project or assets of the Local Authority shall attach, nor shall any
interest or penalties accrue or attach on account thereof.
4. The Municipality agrees that, sub -Sequent to the date of initiation (as defined in the
United States Housing Act of 1937, as amended) of each Project and within five years after the
completion thereof, or such further period as may be approved by the HAA, there has been or will
be elimination (as approved by the HAA) by demolition, condemnation, effective closing, or com-
pulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality
or metropolitan area in which such Project is located, substantially equal in number to the
number of newly constructed dwelling units provided by such Project; Provided, That, where more
than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit
shall count as the elimination of units equal to the number of families accomodated therein;
and Provided, further, That, this paragraph 4 shall not apply in the case of (i) any Project
314
2 81967
developed on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units
eliminated by the clearance of the site of such Project shall not be counted as elimination for
any other Project or any other low -rent housing project, or(ii) any Project located in a rural
nonfarm .area.
5. During the period commencing with the date of the acquisition of any part of the site
or sites of any Project and continuing so long as either (i) such Project is owned by a public
body of governmental agency and is used for low -rent housing purposes, or (ii) any contract
between the Local Authority and the HAA for loans or annual contributions, or both, in connection
with such Project remains in force and effect, or (iii) any bonds issued in connection with such
Project or any monies due to the HAA in connection with such Project remain unpaid, whichever
period is the longest, the Municipality without cost or charge to the Local Authority or the
tenants of such Project (other than the Payments in Lieu of Taxes) shall:
(a) furnish or cause to be furnished to the Local Authority and the tenants of such
Project public services and facilities of the same character and to the same extent as
are furnished from time to time without cost or charge to other dwellings and inhabitants
in the Municipality;
(b) Vacate such streets, roads, and alleys within the area of such Project as may be
necessary in the development thereof, and convey without charge to the Local Authority
such interest as the Municipality may have in such vacated areas, and, insofar as it
is lawfully able to do so without cost or expense to the Local Authority or to the
Municipality, cause to be removed from such vacated areas, insofar as it may be neces-
sary, all public or private utility lines and equipment.
(c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the
building code of the Municipality as are reasonable and necessary to promote economy
and efficiency in the development and administration of such Project, and at the same
time safeguard health and safety, and (ii) make such changes in any zoning of the site
and surrounding territory of such -Project as are reasonable and necessary for the devel-
opment and protection of such Project and the surrounding territory;
(d) Accept grants of easements necessary for the development of such project; and
(e) Cooperate with the Local Authority by such other lawful action or ways as the
Municipality and the Local Authority may find necessary in connection with the develop-
ment and administration of such Project.
6. In respect to any Project the Municipality further agrees that within a reasonable time
after receipt of a written request therfor from the Local Authority:
(a) It will accept the dedication of all interior streets, roads, alleys, and adjacent
sidewalks within the area of such Project, together with all storm and sanitary sewer
mains in such dedicated areas, after the Local Authority, at its own expense, has com-
pleted the grading, improvement, paving, and installation thereof in accordance with
specifications acceptable to the Municipality;
(b) It will accept necessary dedications of land for, and will grade, improve, pave,
and provide sidewalks for, all streets bounding such Project or necessary to provide
adequate access thereto (in consideration whereof the Local Authority shall pay to the
Municipality such amount as would be assessed against the Project site for such work if
such site were privately owned); and
(c) It will provide, or cause to be provided, water mains, and storm and sanitary
sewer mains, leading to such Project and serving the bounding streets thereof (in
consideration whereof the Local Authority shall pay to the Municipality such amount as
would be assessed against the Project site for such work if such site were privately
owned).
7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnish-
ed any public services or facilities which it has agreed hereunder to furnish or to cause to be
furnished to the Local Authority or to the tenants of any Project, the Local Authority may deduct
the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Munici-
pality in respect to any Project or any other low -rent housing projects owned or operated by the
Local Authority.
8. No Cooperation Agreement heretofore entered into between the Municipality and the Local
Authority shall be construed to apply to any Project covered by this Agreement.
9. So long as any contract between the Local Authority and the HAA for loans (including
preliminary loans) or annual contributions, or both, in connection with any Project remains in
force and effect, or so long as any bonds issued in connection with any Project or any monies
due to the HAA in connection with any Project remain unpaid, this Agreement shall not be abrogat-
ed, changed, or modified without the consent of the HAA. The privileges and obligations of the
Municipality hereunder shall remain in full force and effect with respect to each Project so long
as the beneficial title to such Project is held by the Local Authority or by any other public
body or governmental agency, including the HAA, authorized by law to engage in the development
or administration of low -rent housing projects. If at any time the beneficial title to, or
possession of, any Project is held by such other public body or -governmental agency, including
the HAA, the provisions hereof shall inure to the benefit of and may be enforced by, such other
public body or governmental agency, including the HAA.
IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this
Agreement and caused their seals to be affixed and attested asof the day and year first above
written.
THE CITY
lit 0,0.. ..
SEp 2 8 T
(SEAL)
ATTEST:
w1f Ja0v A
IAVEJ1f1A LOWE, CifSecre ary-Treasurer
(SEAL)
ATTEST:
HOUSING AUTHORITY OF
CITY OF LUBBOCK, TEXAS
By /s/ Jim Sexton
Chairman
/s/ Alva Faye McReynolds
Secretary
67-26-315-840
The City Council considered the request of the South Plains Fair Association for police protectioi
(43)
as set out in the letter of record in Minute Book 26, Page 287. After discussion, 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 DENY this
request.for police protection.
67-26-315-841
NOTICE TO BIDDERS CITY OF LUBBOCK
(42 )
Sealed proposals addressed to Floyd Nesbitt, Purchasing Agent, City of Lubbock, Texas, will
be received at the office of the Purchasing Agent until 4:00 p.m., September 12, 1967, for fur-
nishing all necessary machinery, equipment, superintendence and labor for the excavation of
approximately 75,000 cubic yards of earth at the refuse disposal area in southeast Lubbock. The
City Council will consider the bids on September 14, 1967 at the City Hall, subject to the right
to reject any or all bids and to waive formalities. Bids may not be withdrawn after they are sub,
mitted. Bidders are required to submit a cashier's or certified check or bid bond in the amount
of 5% of the total bid and the successful bidder shall provide bond in the full amount of the
contract price executed by a surety company authorized to do business in Texas.
Plans and specifications are on file in the office of the City Engineer, Lubbock, Texas.
CITY OF LUBBOCK, TEXAS
BY:. -Floyd Nesbitt, Purchasing Agent
4
Bids as follows were received for 75,000 cubic yards of excavation of earth, being Bid No. 9935.
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 W. D. Turner Construc-
tion Company for 75,000 cubic yards of excavation. This excavation to be at the City's Garbage
Dump Ground in Southeast Lubbock.
67-26-315-842
Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(31)
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
advertisement for bids for clearing the right-of-way on College (University) Avenue. The proper-
ty being as follows: Parcel l from Texas Technological College Foundation being 2501 19th Street
and Parcel 2 from Mrs. Eralee Barrier being 2504 20th Street.
I
67-26-315-843
Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
(22)
Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No.5327 be passed as an emergency measure.
Ordinance No. 6693 repealed Ordinance ORDINANCE NO. 5327
No. 5327. :; . f
AN ORDINANCE AMENDING SECTION 2, SUB -SECTION 29 OF ORDINANCE NO. 4251 TO EXTEND THE SCHOOL
ZONE ON NORTH AVENUE U AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; PROVIDING
i
FOR PUBLICATION AND DECLARING AN EMERGENCY.
67-26-315-844
Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
(22a)
Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance
No. 5332 be passed as an emergency measure.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 5332
I
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: Traffic
Light Fund
The sum $614.96
For the following purpose: Labor and material to install school flashing signals on North Avenue
U.
16
Ep 2 81967
67-26-316-845 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(28) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize
final payment to Hemphill Contracting Company in the amount of $90,612.42 with $1,109.20 to be
retained pending delivery of pipe for the construction of Phase II of the Southeast Lubbock Storm
Sewer. Contract Price was $826,453.30 and the final cost being in the amount of $820,874.40.
Certificate of Acceptance
Hemphill Contracting Co.
5520 Brownfield Road
Lubbock, Texas
Gentlemen:
In accordance with paragraph 49, Section II, of
Storm Sewer (GWO 10503) you are hereby notified
Council of the City of Lubbock on September 28,
meeting and will be forthcoming.
STATE OF TEXAS X
COUNTY OF LUBBOCK X
September 28, 1967
the Specifications for Phase II of Southeast
of the acceptance of this project by the City
1967. Final payment was authorized at the same
Yours very truly,
/s/ Samuel W. Wahl
Samuel W. Wahl
City Engineer
CONTRACTOR'S AFFIDAVIT ON CLOSING JOB
Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appear-
ed Glen Hemphill, who being by me duly sworn, upon oath says:
I, Glen Hemphill, Partner in Hemphill Contracting Co., do represent to the City of Lubbock
and solemnly swear that I executed a contract with the City of Lubbock, said contract being
dated October 27, 1966, for Storm Sewer Improvements under GWO 10503, and that the work and
contract has been completed according to the plans and specifications pertaining to the project
and that all labor, material, supplies and other cost including equipment, rental and hire, and
all expense items incurred in connection with said project have been paid in full; that all
liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants
due the contractor, have been satisfied by payment to the claimant, his authorizedagent or
attorney, and full release of all recorded liens or claims have been secured by settlement and
duly filed of record with the County Clerk of Lubbock County.
I further represent and affirm that all Federal, State and Municipal laws were substantially
complied with by me in doing and carrying out the job and project herein referred to and that I
paid applicable scale of wages, and this affidavit is made to secure payment from the City of
Lubbock to me of the full and final moneys due me under this contract.
Witness my hand this 22nd day of September,1967.
/s/ Glen Hemphill
Subscribed and sworn to before me this the 22nd day of September, 1967.
/s/ Daphne Mitchell
Notary Public in and for Lubbock
County, Texas
67-26-316-846 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers
(21) and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that
Ordinance No. 5333 be passed on first reading.
ORDINANCE NO. 5333
AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL
VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS TO -WIT: PORTIONS OF LOOP 289; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING
A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING
THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS
HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDI-
NANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
67-26-316-847 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and
(21a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance
No. 5334 be passed on first reading.
ORDINANCE NO. 5334
AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR
ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, TO -WIT: A PORTION OF SPUR 327; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS;
PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH:
PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY
THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE
SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
`31i
SEP 2 81967
67-26-317-848 Following a briefing session earlier the Council formally considered the Urban Transportation
(44) Plan. The plan, approved by the local. advisory committee on September 12, 1967 and by the State
Highway Department in Austin on September 27,.1967, projected anticipated major street require-
ments to 1985. After discussion, 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 approval of the Urban Transportation Plan as presented.
A copy of this Urban Transportation Plan is filed with the City of Lubbock Planning Engineer.
67-26-317-849 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and
(34) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that the follow-
ing resolution be passed.
RESOLUTION
WHEREAS, the City Council has entered into a contract between the City of Lubbock and the
United States of America; and
WHEREAS, the City of Lubbock has agreed, in such contract, to remove or relocate the public
utilities within the site of the Courthouse and Federal Office Building in exchange for the con-
veyance by the United States of America to the City of Lubbock of the present Federal Office
Building; and
WHEREAS, the utility companies involved in such removal or relocation of lines, poles and
equipment have submitted such costs to the City Council; and
WHEREAS, an agreement is needed between the utility companies involved and the City of
Lubbock concerning the payment by the City of the costs stated to be incurred by such companies;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, the Mayor of the City of Lubbock is hereby authorized and directed to execute, on
behalf of the City of Lubbock, utility Relocation Agreements with Pioneer Natural Gas Company -
amount $14,669.79; Southwestern Bell Telephone Company - amount $43,460.00; and Southwestern
Public Service Company - amount $21,106.00. Such agreements shall state that the amounts shown
above shall be full compensation for the costs incurred in the adjustment, removal and relocation
of utilities within the Courthouse and Federal Office Building site. r1
Passed by the City Council this 28th day of September,
ATTEST:�&Zz'b
LAVENIA LOWE, City Secretary -Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
UTILITY RELOCATION AGREEMENT
This agreement entered into by and between the City of Lubbock, hereafter called City and
Pioneer Natural Gas Company, hereafter called Owner.
WITNESSETH:
The City of Lubbock has heretofore entered into an agreement with the United States of
America whereby the City would secure the removal of utilities within that certain tract of land
situated in Lubbock County, Texas, more particularly described as follows:
All public alleys in Blocks 134 and 150, Original Town, City of Lubbock, Texas, and that
portion of 13th Street lying in and between said Blocks 134 and 150, Original Town, City of
Lubbock, Texas.
by the lst day of February, 1968.
The removal of such utilities has been determined necessary to permit construction of a
Federal Courthouse and office building on the above described property.
In consideration of the adjustment, removal or relocation of all lines, poles, equipment and
facilities within such area by a manner acceptable to the City of Lubbock, to be completed on or
before February 1,1968, the City of Lubbock agrees to pay to Owner the sum of $14,669.79, and
Owner agrees to accept such sum as full reimbursement for work covered by this agreement.
The paymentabove stated shall be full compensation for the costs incurred in such adjustment
removal or relocation and bills for such work shall be submitted to the City not later than
ninety (90) days from the completion of such work.
The final statement of costs incurred shall be accompanied by a verified statement to the
effect that such work of adjustment, removal or relocation has been fully accomplished and that
the amount submitted to the City for payments constitutes the full amount the City is requested
to pay.
The work of adjustment, removal or relocation shall be the responsibility of Owner, under
its direction, control, assumption of liability and supervision except as provided herein.
Upon execution of this agreement by the parties hereto, the Owner will proceed with the
F31�
>Ep 2 8 1967
necessary adjustment, removal or relocation of Owner's facilities located 'within the area first
herein described; and the Owner agrees to prosecute such work diligently to completion in such
manner as will not result in unavoidable delay in the City's agreement with the United States of
America.
1967.
CITY
W. D. RUGER5, JR.,
ATTES
LAVENIA LOWE, City Secre
APPROVED:
/s/ Fred 0. Senter. Jr. _
FRED 0. SENTER, JR., City Attorney
PIONEER NATURAL GAS COMPANY
BY: /s/ C. H. Rainwater
Vice President
UTILITY RELOCATION AGREEMENT
This agreement entered into by and'between the City of Lubbock, hereafter called City and
Southwestern Public Service Co., hereafter called Owner.
WITNESSETH:
The City of Lubbock has heretofore entered into an agreement with the United States of
America whereby the City would secure the removal of utilities within that certain tract of land
situated in Lubbock County, Texas, more particularly described as follows:
All public alleys in Blocks 134 and 150, Original Town, City of Lubbock, Texas, and that
portion of Lath Street lying in and between said Blocks 134 and 150, Original Town, City of Lubbock,
Texas.
by the 1st day of February, 1968.
The removal of such utilities has been determined necessary to permit construction of a
Federal Courthouse and office building on the above described property. -
In consideration of the adjustment, removal or relocation of all lines, poles, equipment
and facilities within such area by a manner acceptable to the City of Lubbock, to be completed
on or before February 1, 1968, the City of Lubbock agrees to pay to Owner the sum of $21,106.00,
and Owner agrees to accept such sum as full reimbursement for work covered by this agreement.
The payment above stated shall be full compensation for the costs incurred in such adjust-
ment, removal or relocation and bills for such work shall be submitted to the City not later
than ninety (90) days from the completion of such work.
The final statement of costs incurred shall be accompanied by a verified statement to the
effect that such work of adjustment, removal or relocation has been fully accomplished and that
the amount submitted to the City for payments constitutes the full amount the City is requested
to pay.
The work of adjustment, removal or relocation shall be the responsibility of owner, under
its direction,control, assumption of liability and supervision except as provided herein.
Upon execution of this agreement by the parties hereto, the Owner will proceed with the
necessary adjustment, removal or relocation of Owner's facilities located within the area first
herein described; and the Owner agrees to prosecute such work diligently to completion in such
manner as will not result in unavoidable delay in the City's agreement with the United States
of America.
EXECUTED THI4''24h day of Septe4er, 1967.
CITY 011 LMQCIC\ \ l I 1 SOUTHWESTERN PUBLIC SERVICE CO.
W. D. ROGERS, JR.,
ATTEST: �I �J U
� V
l/
LAVENIA LOWE, City ecreta -Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
r BY /s/ R. M. Tolk
President
UTILITY RELOCATION AGREEMENT
This agreement entered into by and between the City of Lubbock, hereafter called City and
SOUTHWESTERN BELL TELEPHONE CO. hereafter called Owner.
WITNESSETH:
4
The City of Lubbock has heretofore entered into an agreement with the United States of
I .
SEP 2 81
L
situated in Lubbock County, Texas more particularly described as follows:
All public alleys in Blocks 134 and 150, Original Town, City of Lubbock, Texas, and that
portion ofl3th Street lying in and between said Blocks 134 and 150, Original Town, City of
Lubbock, Texas.
by the 1st day of February, 1968.
The removal of such utilities has been determined necessary to permit construction of a
Federal Courthouse and office building on the above described property.
In consideration of the adjustment, removal or relocation of all lines, poles, equipment an(
facilities within such area by a manner acceptable to the City of Lubbock, to be completed on or
before February 1, 1968, the City of Lubbock agrees to pay to Owner the sum of $43,460.00, and
Owner agrees to accept such sum as full reimbursement for work covered by this agreement.
The payment above stated shall be full compensation for the costs incurred in such adjustmee
removal or relocation and bills for such work shall be submitted to the City not later than nine-
(90) days from the completion of such work.
The final statement of costs incurred shall be accompanied by a verified statement to the
effect that such work of adjustment, removal or relocation has been fully accomplished and that
the amount submitted to the City for payments constitutes the full amount the City is requested
to pay.
The work of adjustment, removal or relocation shall be the responsibility of Owner, under
its direction, control, assumption of liability and supervision except as provided herein.
Upon execution of this agreement by the parties hereto, the Owner will proceed with the
necessary adjustment, removal or relocation of Owner's facilities located within the area first
herein described; and the Owner agrees to prosecute such work diligently to completion in such
manner as will not result in unavoidable delay in the City's agreement with the United States of
America.
EXECUTED THIS 28th day of September, 1967.
CITY OF LUBBOCK
BY: /s/ W. D. Rogers, Jr.
W. D. ROGERS, JR., Mayor
ATTEST:
sl Lavenia Lowe
LAVENIA LOWE, City Secretary -Treasurer
APPROVED:
/s/ Fred 0. Senter, Jr.
FRED 0. SENTER, JR., City Attorney
SOUTHWESTERN BELL TELEPHONE CO.
BY: E. L. Smith
Vice President - Texas
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOU ED FROM REGULAR
MEETING, SEPTEMBER 28, 1967. 1 \ 7 T
ATTER ..-'
LA ENIA LOWE, Cio Secretary -Treasurer
READ AND APPROVED THIS THE 12TH DAY OF OCTOBER, V
ATTEST*
r ]I .
a.
LAV ISA LOWE, City cretary-Treasurer
W. D. ROGERS,