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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/14/19680Z MAR 14 1998 March 14, 1968 REGULAR CITY COUNCIL 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 .Tames 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 68-27-82-191 Invocation was given by Councilman Jack Kastman. (1) 68-27-82-192 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers, and (2) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held February 21, 1968; Regular Meeting held February 22, 1968; Special Called Meeting held February 28, 1968; Special Called Meeting held March 6, 1968. 68-27-82-193 Motion by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and (3) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of Minutes -of Accounts Allowed for the month of January, 1968. 68-27-82-194 (8 ) January 1968 - Checked by Councilman Medlock, February 29, 1968. Fund Working Capital Electric Revenue Water Revenue Water Pro Rata Water Capital Projects Airport Revenue Street Light Street Improvement Traffic Light Fire Station Building Sanitary Sever Storm Sewer. Park Interest and Sinking General Tax Certificate City Special (BCD) Sewer Pro Rata Special Fund Undistributed Tax Fund Check No. 5521 - 5862 3692 - 3872 648 - 783 1552 - 1567 1663 - 1672 3842 - 3881 546 - 550 1918 - 1938 333 - 337 76 - 85 887 - 899 767 - 771 1247 - 1262 234 - 237 6200 - 6814 114 106 - 107 (106 Void) 1058 - 1062 237 333 - 336 Mr. Alton Brazell appeared before the City Council and requested that the City purchase materialsil and install Red Raider signs. Mr. Brazell stated that they have 45 signs to be installed on the major thoroughfares and at interval locations leading to the Texas Tech campus. After discussion of all information presented, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the City of Lubbock co-operate with the Chamber of Commerce on the installation of the signs provided the City -of Lubbock will be reimbursed by the Chamber of Commerce for all expenses incurred. 68-27-82-195 Mr. Dirk West, member of the Parks and Recreation Board, appeared before the City Council and made (9) report on the facility conditions of the Meadowbrook Golf Course Club House. Mx. West stat�d than this building was constructed in 1939 and has been used extensively throughout the years/figs not been kept in proper care. The building is much to small to accormdate the large number of people who are using the building. Mr. West stated that golfers who play use the building extensively for tournaments. Mr. West estimated the cost of remodeling the building to be approximately in the amount of $120,000. There was discussion by the City Council of consideration being given to this repair project at budget time in the year 1968; also, that information be secured as to operation of City owned golf courses in other towns of comparable size. 68-27-82-196 Mr. Dirk West, member of the Parks and Recreation Board, read the following resolution to the (9a) City Council: RESOLUTION WHEREAS, the Park & Recreation Board was given a presentation entitled "An Expanding Lubbock - Reclaimed Water for a Growing City" prepared by the City of Lubbock Planning Department; and, WHEREAS, the Park & Recreation Board is aware of the need for water conservation, and water recreation; NOW THEREFORE: BE IT RESOLVED BY THE PARK & RECREATION BOARD, AN ADVISORY BOARD TO THE CITY COUNCIL OF THE CITY ' OF LUBBOCK: 11 811 MAR 14 196 ... THAT the City of Lubbock Planning Department should be commended for a very exciting and dynamic presentation for the future of Lubbock and that the study presented or some similar pro- gram should be pursued. Passed by the Park & Recreation Board on this 20th day of February, 1968. JAMES E. WALKER, Chairman ATTEST: LsL-Henr-v L. Huneke HENRY HUNEKE, Vice -Chairman 68-27-83-197 Mr. James Moss appeared before the City Council and requested that Olive Avenue from 50th Street (10) to 60th Street be made an all-weather road. Mr. Moss stated that this was the only access to Yellowhouse Canyon Addition. Mr. Moss presented a petition containing approximately 49 names reading as follows: II 68-27-83-198 (11) f To the County Commissioners and to the City of Lubbock, we the taxpayers of Yellow House Canyon Addition request that the road from 50th Street to 60th Street be striped, paved. We are thanking you in advance. James Moss 4201 E. 64th St. James Harris 4205 E 65th Pink Tillmon 4209 E 65th Willie Mae Thomas 421.1 East 65th Son Soak 4213 East 65th A. D. Pine 4303 East 65th Earnestine Caraway 4303 East 65th James E. Goode 4315 East 65th Margie L. Goode 4315 East 65th Alberta Evans 4317 E 65th Willie Mae Fulbright.4311 E 64th, Sam B. Crawford 4319 E. 65th Mr. & Mrs. Saul Williams 65th St and Redwood, Yellowhouse Canyon Mrs. 0. 0. Barron 4405 E 64th Mrs. A. W. Tennison 4309 East 65th Mr. & Mrs. Rector Parks 4320 E 64th Mr. Dewitt Coleman 4303 E 64th Mrs. Raymon Lemen 4301 E 64th Mrs. Dailey, Mae Helen 4304 S. 64th Watson Childers 4204 E 64th Elsie Mae Boyd 4217 E 64th Ivory Boyd 4217 S 64th Gwendolyn Densen 4302 E 64th Willie Lee Herley 4319 E 63rd Pollie V. Morrison 4314 E 63rd Ola Kidd 4310 E 64th Wilburt Macky 4226 East 64th Mr. & Mrs. E. L. Tatum 4307 E 64th Joe Adams, Jr. 4314 E 64th Erma G. Mosley 4306 E 63rd N. P. Holmes 4407 28th St Annie Mae Collins 4301 E 62nd Willie Johnson 4217 63rd St. Clara Mae West 4201 E 62nd St. Carolyn Johnson 4207 E 62nd St. Joe Lowe, Jr. 4214 E'62nd St Robert Lee Avery 4219 East 62nd St. Hubert Alexander 4304 E 61st Mr. Ben F. Andrews 4301 East 65th Rt. 6, Box 316 Mrs. Ben F Andrews 4301 East 64th Robert Gibson-4215 E 61st Martha Gibson 4215 E 61st Pauline Hooker 4214 E 61st Curtis Hooker 4214 E 61st Charlie Patton 4317 East 64th St. Annie M. Flowers 4206 East 60th St. Vernon Flowers 4206 East 60th St. Janie Roberts 65th & Redwood After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that thin request be taken under advisement and that the County Commissioner's -Court be contacted to secure information as to the two bodies improving this road as a joint project. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5413 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5413 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, COUNCIL BE IT ORDAINED BY THE CITY/OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Storm Sewer Bond Fund The sum $15,000.00- For the following purpose: 1. $10,000.00 for part of the engineering of Storm Water Drainage Improvements to Central Lubbock. 2. $5,000.00 for engineering of Storm Water Drainage Improvements under railroad tracks at Quaker Avenue and Brownfield Road, 3rd Street and Avenue 0, and 23rd Street and Avenue G. 68-27-83-199 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers,and (12) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5414 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5414 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: .... . . I _....______ s_-_-3 ,__- -r -L- r-17---t-- A- - - --S. - A 7..._.I r.._-1 7.7-�-_ 84 .AR 14 1968 68-27-84-200 (13) 68-27-84-201 (14) 68-27-84-202 (15) 68-27-84-203 (16) The sum $5,824.64 For the following purpose: Construct water distribution lines ahead of paving at the following locations: From Avenue V to Avenue W between 18th Street & 19th Street $3,311.22 From Avenue Q to Avenue S between 29th Street & 30th Street 2,513.42 Total $5,824.64 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea,. none voting May, that Ordinance No. 5417 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5417 WHEREAS, the City Council of the City of'Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $10,000.00 For the following purposes: Engineering cost for preliminary work on a secondary water system Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry,. Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5418 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5418 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:. There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $25.,000.00 For the following purpose: Engineering cost of long range water:suppl.y study by the engineering firm Freese, Nichols and Endress. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5419 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5419 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 HK THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Refuse Disposal Bond Fund The sum $15,250.00 For the following purpose: Engineering costs of study of solid waste disposal by the engineering firm of Bovay Engineering, Inc. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5420 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5420 WHEREAS, the City -Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Electric Bond Fund The sum $3,595.00 For the following purpose: To pay for specifications for turn -key contract on Holly Avenue #2. (To be taken from Electric Bond Funds) S. MAR 14 1968 68-27-85-204 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (17) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5424 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5423 WHEREAS, the City Council -of the City of Lubbock finds it is -necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $30,000.00 For the following purpose: To construct and furnish three (3) park shelters. One on 0. W. Ribble Park, one on Will Sedberry Park, and one on Dr. J. A. Chatman Park. Also to pay Architect's fees, relocate water lines, and install sani- tary sewer lines .for these three shelters.' 68-27-85-205 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (18) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5424 be passed on second and final reading. AN APPROPRIATION ORDINANCE . . ORDINANCE NO. 5425 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 $4,200.00 For the following purpose: For installation of 25 fire alarm boxes at selected locations. 68-27-85-206 Motion by Councilman Granberry, seconded by Councilmani Kastman, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5404 be passed on second and final reading. ORDINANCE NO. 5404 AN ORDINANCE AMENDING ZONING ORDINANCE NO.1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1511=A: CHANGE LOTS 4 THRU 10, BLOCK 8, SYLVAN DELL HEIGHTS ADDITION, CITY OF LUBBOCK,LUBBOCK COUNTY TEXAS, FROM AN "R-3" TO A "C-2A" ZONING DISTRICT. 68-27-85-207 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (20) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5405 be passed on second and final reading. 68-27-85-208 (21) 68-27-85-209 (22) ORDINANCE NO. 5405 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1511-C: CHANGE LOTS 1 AND 2, BLOCK 3, C. N. HODGES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2 " ZONING DISTRICT. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5406 be passed on second and final reading. ORDINANCE NO. 5406 AN ORDINANCE AMENDING ZONING ORDINANCE NO.- 16.95 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1511-B: CHANGE LOTS 96 THRU 110, INDIAN ACRES ADDITION AND LOTS 196 THRU 202, MURRYHILL ADDITION FROM AN "R-3 " TO "C-2A" ZONING DISTRICT; AND CHANGE A TRACT OF LAND BORDERED ON THE NORTH BY 50TH STREET, ON THE SOUTH BY 51ST STREET, ON THE WEST BY ORLANDO AVENUE AND ON THE FAST BY MEMEHIS AVENUE FROM AN "R-3" TO "C-2" ZONING DISTRIC'. ALL IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SUBJECT TO CONDITIONS. Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5407 be passed on second and final reading. ORDINANCE NO. 5407 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: -ZONE CASE NO. 1511-D: CHANGE LOT`'8, BLOCK 6, SUBURBAN HOMES ADDITION AND AN UNPLATTED TRACT EXTENDING NORTH FROM 50TH STREET BETWEEN LOTS 8 AND 6, BLOCK 6, AND SOUTH OF LOT 1, BLOCK 6, SAID ADDITION, FROM AN "R-2 " TO A "C-3" ZONING DISTRICT; AND TO CHANGE A TRACT OF LAND EXTENDING SOUTH FROM 50TH STREET -TO THE NORTH LINE OF AN ALLEY AND EXTEND- ING EAST FROM AVENUE D, 493' FROM AN "R-l" TO A "C-3 " ZONING DISTRICT, ALL IN THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS. MAR 14 1969 68-27-86-210 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (23) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5408 be passed on second and -final reading. ORDINANCE NO. 5408 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE.NO. 1520: CHANGE LOTS 188 THRU 190, TRACY HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS SHOWN ON THE PRELIMINARY PLAT OF TRACY HEIGHTS ADDITION APPROVED JANUARY 4, 1968, BY THE PLANNING AND ZONING COMMISSION AND ON FILE IN THE OFFICE OF THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT. SUBJECT TO CONDITION. 68-27-86-211 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (24) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5409 be passed on second and final reading. ORDINANCE NO. 5409 AN .ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1525: CHANGE THE NORTH 150' OF THE EAST 169' OF LOT 1, BLOCK 4, AND THE NORTH 150' OF BLOCK 5, NELSON -BROWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4 " TO AN "M-l" ZONING DISTRICT. 68-27-86-212 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (25) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5410 be passed on second and final reading. ORDINANCE NO. 5410 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1521: CHANGE LOT 18, BLOCK 5, AND LOTS 20 AND 21, BLOCK 3, NELSON HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK, COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING -DISTRICT. SUBJECT TO CONDITIONS. 68-27-86-213 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (26). Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5411 be passed on second and final reading. ORDINANCE NO. 5411 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1524: CHANGE -A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT, SUBJECT TO - CONDITION. 68-27-86-214 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (27) Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5412 be passed on second and final.reading as revised by the City Council on this date. Councilman Kastman abstained from voting.on this motion. Ordinance No. 5412 amended by ORDINANCE NO. 5412 Ordinance No. 5577 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1429-A: CHANGE 2 TRACTS OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM AN "R-i" TO "C-4" ZONING DISTRICTS, SUBJECT TO CONDITIONS. 68-27-86-215 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (28) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5422 be passed on second and final reading. ORDINANCE NO. 5422 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "FIRE PROTECTION", BY ADDING THERETO ARTICLE VII ENTITLED "FIRE PREVENTION CODE" WHICH PROVIDES FOR THE ADOPTION OF THE 1965 EDITION OF THE FIRE PREVENTION CODE AS RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION; PROVIDING FOR CERTAIN AMENDMENTS THERETO; DEFINING CERTAIN TERMS USED IN THE FIRE PREVENTION CODE AS ADOPTED; PROVIDING THAT THE FIRE MARSHAL SHALL ONLY HAVE AUTHORITY OF DETERMINING COMPLIANCE WITH THE RULES AND STANDARDS ESTABLISHED BY SUCH CODE; PRO- VIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-86-216 NOTICE OF CITY COUNCIL HEARING (29) NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 14th day of March, 1968, 1:00 P.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an -opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recom- mendation: ZONE CASE NO. 1187-A - Request of Sam H. Allred (for J. W. Wright, Kenneth Pharr, N. C. Mills, Andrew R. Miller and William-H. dicks) to change Lots 2 and 4, Block 4; Lots 1 thru 5, Block 5; Lot 8, Block 6 and three tracts of land out of Suburban Homes Addition, City of Lubbock, Lubbock County, Texas, from "R-2" to "C-4" Zoning District. Property is further described by metes and bounds to -wit: Tract I 8, MAR 14 19 E F F r F Tract II A part of the west-1/2 of Block 4 of the Suburban Homes Addition to the City of Lubbock, Lubbock County, Texa$, and more fully described'by metes and bounds as follows: BEGINNING at the southeast corner of Lot 4, Block 4, Suburban Homes Addition; THENCE East 74' to a point; THENCE North 163' to a point; THENCE West 74' to a point; THENCE South 163' to the PLACE OF BEGINNING. Tract III BEGINNING at the southeast corner of Lot 2, Block 4, Suburban Homes Addition; THENCE East 75' to a point; THENCE North 120' to a point; THENCE West 75' to a point; THENCE South 120' to the PLACE OF BEGINNING. (North side of 50th Street extending from 65' east of Avenue D to 255' west of Avenue F) The Planning and Zoning Commission recommended to the City Council that this request be granted for change to "C-3" instead of to "C-4" as requested. /a Lavenid Lowe, City ecreta y-Treasurer City -of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1187-A - Request of Sam H. Allred (for J. W. Wright, Kenneth Pharr, N. C. Mills, Andrew R. Miller and William H. Hicks) to change property located on the north side of 50th Street extending 65' east of Avenue D to 255' west of Avenue F from "R-2" to "C-4 " zoning district. The Planning and Zoning Commaission recommended that this request be granted for change -to "C-3 " zoning district instead of "C-4" as requested. Mr. Sam H. Allred appeared before the City. Council -in support of this zone change request. Mr. Andrew R. Miller was present•in the Council Chamber, but did not speak. Mayor Rogers called for opponents to appear before the City Council, but no one came forward at this hearing; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman,.Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. -5426 on first reading. ORDINANCE NO. 5426 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL.MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1187-A: CHANGE LOTS 2 AND 4, BLOCK 4; LOTS 1 THRU S,..BLOCK.S; LOT 8, BLOCK 6,.AND THREE TRACTS OF LAND OUT OF SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM "R-2" TO "C-3" ZONING DISTRICT. 68-27-87-217 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (30) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5427 be passed on first reading. ORDINANCE NO. 5427 AN ORDINANCE ESTABLISHING A BUILDING LINE ON PORTIONS OF UNIVERSITY AVENUE, 21ST STREET, 20TH STREET, AND 19TH STREET, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALLY ,REPAIRED BETWEEN SUCH BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILDING LINE ESTABLISHED THEREIN; REQUIRING EXISTING STRUCTURES ON, OR EXTENDING BEYOND THE BUILDING LINE HERE- IN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN TWENTY-FIVE (25) YEARS: DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE.DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; AND PROVIDING A SAVINGS CLAUSE. 68-27-87-218 It was brought to the attention of the City Council, that the current -Workable Program for the (31)' City of Lubbock expires April 1, 1968, and that it is necessary to secure approval and recertifi- cation from the -Department of Housing -and Urban Development to continue the program. Continuatior of the Workable Program will qualify the City of Lubbock and private investors for assistance under certain specified programs. It is felt that the City benefits from the guidelines estab- lished by the Workable Program in improving its own operations in Areas such as code enforcement, housing standards, neighborhood analysis, and the importance of citizen -participation. After discussion, motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to approve the Workable Program as submitted by the Planning Department of the City of Lubbock for submission to the Department of Housing and Urban Development for recertification. 68-27-87-219 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (33) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5428 be passed on first reading. 1AR 14 1966 ORDINANCE NO. 5428 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5391 COVERING ZONE CASE NO. 1501, LOTS 366 THRU 377, AND LOTS 361,. 362 AND THE WEST 1/2 OF LOT 360, BENHALL MANOR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY CORRECTING SAID ORDINANCE TO REFLECT THE ACTION OF THE CITY COUNCIL. 68-27-88-220 Mayor W. D. Rogers March 11, 1968 (34) City Hall Lubbock, Texas Re: Zoning Case No. 1516, Clifford Brown request -for re -zoning certain lots in O'Neal Terrace Addition Dear Mr. Mayor: As stated to you over the telephone Friday, Clifford Brown called me and asked whether or note I would join him in requesting the City Council to pass further consideration of the above zoning case for the purpose of giving the interested parties time to discuss the possibility of reaching a solution to the perplexing problem posed by the zoning request. I have consulted with a number of the residents of O'Neal Terrace and they have instructed me to join Mr. Brown in the request. He called me again this morning and stated that he had sent you a letter request on behalf of those he represents asking that no action be taken on the matter at your next meeting. By this letter, I join him in his request in the hopes that some reasonable solution can be found consistent with the welfare and property rights of both parties. Sincerely yours, /s/ Edward W. Napier Edward W. Napier Hon. W. D. Rogers March 11, 1968 Mayor, City of Lubbock 916 Texas Avenue Lubbock, Texas 79401 Re: Case No.. 1516 Dear Mayor Rogers: We have been informed by Mr. A. J. Prim, the Zoning Administrator, that the Council has withdrawn its action taken on February 21, 1968, in regard to the above styled case and has tabled the same for additional consideration. In conference with Mr. Ed Napier who represents the parties who appeared in opposition to this requested zone change, we have discussed the possibility of further negotiation between the parties to see if we can work out a satisfactory agreement relative to a proposed zone change. Mr. Napier has assured me that he is receptive to the action which I pro- pose in this letter, which is that the City Council forgo consideration of this case at its hear- ing on March 14th and continue it until the next regularly scheduled meeting of the City Council. In this manner, Mr. Napier and I can get our'respective parties together and perhaps work out a settlement of what has proved to be a very difficult situation. We solicit the cooperation of you and the Council in this regard and would courteously request that this case not be considered further on March 14th, but that it be set down for consideration at a later meeting of the Council. Mr. Napier has told me that he is writing you a similar letter today giving his approval to this method of -handling this matter. Thank you very much for any consideration which you can extend to us in this regard. Yours very truly, BROWN, SHUMAN & HARDING By /c/ Clifford W. Brown In accordance with the request as set out above by Mr. Napier and Mr. Brown that this zone case be tabled until April 11, 1968, motion was made by Councilman Kastman, seconded by Councilman Gran- berry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize this item to be tabled in accordance with the request and to be reconsidered on April 11, 1968. This being Zone Case 1516. 68-27-88-221 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (37) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of -the following paving certificates from Pioneer Pavers, Inc., contractor on the 1968 Paving Improvement -Program, -being G.W.O. 2935, at an estimated cost of $11,379.90. Pioneer Pavers, Inc. agreed to give the City 5% off the face of the certificates purchased as set out in letter of March 6, 1968. Pioneer Pavers, Inc. March 15, 1968 P. 0. Box 5456 Lubbock, Texas 79400 Gentlemen: W" The following are the homestead property owners, who will not sign liens, that the City Council agreed to purchase the certificates -of assessment on their property at the regular council meeting, March 14, 1968, Item 37, at a five (5) percent discount: 89 MAR 14 19 W ' 68-27-89-222 (38) Unit No. Street Owner Legal Discription Amount 2179-1 Sherman G. L. Whisenhut Lot 12, Roo's Sub. $ 268.20 2179-1 Sherman T. R. Patterson Lot 7, Roo's Sub. 268.19 2179-1 Sherman Ernie Bishop Lots 3 & 4, Roo's Sub. 536.39 2179-1 Sherman J. D. Sparks Lot 2, Roo's Sub. 268.20 2179-1 Sherman Sadie P. Norton Lot 16, Beck Sub. 214.56 2179-2 E. 15th St. E. S. Haney Lots 3, 4, 5, Blk. 2-A, Morrow Re -sub. 804.60 2179-2 E. 15th St. Lillie Mae Allen Lot 6, Blk 2-A, Morrow Re -sub. 268.20 2179-2 E.,15th St. Manuel R. Gomez Lot 10,, Blk. 2-A, Morrow Re -sub. 268.20 2179-2 E. 15th St.. Horace-S. Roquemore E. 20' of Lot 42 & all of Lot 41, Blk. 2 Morrow Re -sub. 311.11 2179-2 E. 15th St. George Borden Lot 40, Blk 2, Morrow Re -sub. 268.20 2179-5 Ave. J V. F. Botello Lot 13,.B1k. 3, Nelson Heights 557.49 2179-6 Ave. J Thomas G. Montaner Lot 9 less alley dedication, Blk. B, Butler Estates 559.60 2179-7 Ave. J A. G. Durrett Lots 9 & 14 less alley dedication, Blk. D, Butler Estates 1,119.20 2179-13 York David Lee House W. 50' of Lot 7, Block 6, Hillcrest Re -sub. 479.89 2179-15 York John T. Fonville W. 60' of Lot 7 Blk 14, Hillcrest Re -sub. 484.64 2179-17 York Eugene Brown W.50' of Lot 7 Blk 22, Hillcrest Re -sub. 503.64 2179-17 York Robert L. Rackler E.50' of Lot 1 Blk 21 Hillcrest Re -sub 503r64 2179-17 York Walter Glenn Moore E.50' of Lot 12 Blk 21 Hillcrest Re -sub 503.64 .217.9-19 York Auda Lee Everette Lot 10, Blk. 6, Evans Add. 494.14 2179-19 York C. H. Graves Lot 20, Blk. 5, Evans Add. 471.34 2180-20 Ave. V Johnny Brooks Lot 11, Godwin Add. 548.54 2180-20 Ave. V Billie Hill Lot 20, Womack Add. 548.54 2180-23 Ave. J William Ehlo Lot 8, Blk. A, Butler Estates 609.49 2182-1 Zenith F. A. McCaskill Lots 6, 7, 8, 9, Strawn Add. 1,119.20 Total $ 11,978.84. Less.5% Discount 598.94, $ 11,379.90 Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers, and Councilmen Granberry, Kastman, Diekemper,.and Medlock voting Yea, none voting Nay, that 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 Paving Release with PIONEER PAVERS, INC., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this.Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council -this 14th day of March, 1968 ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: Isl Fred 0. Senter, Jr. BRED 0. SENTER, JR., City Attorney. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK PAVING RELEASE WHEREAS, the costs of paving improvements have been paid into the City of Lubbock's Paving Extension Fund covering paving improvements on 50th Street abutting the following described property: Beginning at a point 1700.00 feet west and 55.00 feet south of the northeast corner of Section 9,.Block E-2, Lubbock County, Texas; Thence south 150.00 feet; Thence west: 100.00 feet; Thence north 150.00 feet; Thence east 100.00 feet to the point of beginning; such property being owned by R. D. McDonald, Jim R. Wells, and J. Willis Harris, and 0 4AR 14 1968 WHEREAS, street improvement assessments were made against said property and said owners by virtue of Sub -Unit 5 of Unit 2154 of Ordinance No. 4970 passed on the 31st day of March, 1966, filed on the 12th Day of April, 1966, in Volume 1081, Page 113, of the Deed Records of Lubbock County, Texas, and WHEREAS, such assessment, in the amount of $545.80 has been paid as aforesaid, it is expe- dient to remove the cloud and apparent lien placed upon the above described property; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS:. THAT the City of Lubbock and Pioneer Pavers, Inc., hereby release said property and said owners from the original assessment in the amount of $545.80, and from all of the liability for said street improvements. This release affects only the property hereinabove described and in no way affects any property or liens not specifically described herein. EXECUTED this 18th day of March, 1968. PIONEER PAVERS, INC. By: ATTEST: CITY OF W-f111411, BY: _J LAVENIA LOWE, City ecreta y-Treasurer W. D ' F6' • 68-27-90-223 Motion by Councilman Granberry, seconded by 'Councilman Medlock, motion carried, Ma Roge and (39) Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to auth ze ac ptance and final payment in the amount of $836.52 to Hemphill Contracting Company for co tructi n of approximately 1418 feet of 10 inch sanitary sewer lines - G.W.O. 2947. The original estimate was in the amount of $8,283.60 and the final cost being in the amount of $8,365.21. Councilman Kastman abstained from voting on this motion. CERTIFICATE -OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On March 12, 1968, I inspected the Sanitary Sewer Lines Along South Loop 289 from 660 feet East of Memphis Avenue to Miami Avenue - GWO 2947 constructed by Hemphill Contracting Company, under contract dated February 1, 1968, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County,.Texar, on this day personally appeared C. W. Hemphill, who being by me duly sworn, upon oath says: I, C. W. Hemphill, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated February 1, 1968, for Sanitary Sewer Lines Along S. Loop 289 From 660 Feet East of Memphis Ave. to Miami Ave. under GWO 2947, and that the work and contract has been completed according to the plans and specifications per- taining 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 authorized agent 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 substantial- ly 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 15th day of March 1968. Attest: HEMPHILL CONTRACTING CO. /s/ C. W. Hemphill (Partner) ... Subscribed and sworn to'before me this the 15th day of March, 1968. s E. L. Rol Notary Public in and for Lubbock County, MAR 14 1968 68-27-91-224 Motion by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (40) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance and final payment to Knox, Gailey, and Meador for construction of the addition to Pump Station No. 3 - WWO 11414. The original estimate was in the amount of $61,919 and the final cost being in the amount of $62,159. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On March 12, 1968, I inspected the Additions to Pump Station #3, W.W.O. 11414, constructed by Knox, Gailey & Meador under contract dated January 26, 1967, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the con- tractor. Yours very truly,, Isl Samuel W. Wahl Samuel W. Wahl City Engineer CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCKX Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Don Meador, who being by me duly sworn, upon oath says: I, Don Meador, do represent to the City of. Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated January 26, 1967, for Additions to Pump Station #3 3rd Street at Akron Avenue, under W.W.O. 11414, and that the work and contract has been completed according to the plans and specifications pertaining to theproject 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 authorized agent or attorney, and full release of all recorded liens or claims have been sucured 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 14th day of March, 1968. Attest: KNOX, GAILEY & MEADOR By: /s/ Don Meador Don Meador Subscribed and sworn to before me this the 14th day of March, 1968. Isl Harold Allen Notary Public in and for Lubbock County, Texas 68-27-9.1-225 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (41) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5429 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5429 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $2,434.20 For the following purpose: Construct water lines in Quaker Avenue from 62ad Street south to Loop 289 ahead of -rerouting and paving Quaker Avenue. 68-27-91-226 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (42) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none Noting Nay, that Ordinance No. 5430 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5430 T.?U1 DVAC +-U- 04+t 0--41 of hi,-- /'4!-ems n4: finAv i! 4e nnnneoa"­ 4-n annrnnr�etn 92 MAR 14 1968 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 Bond Fund The sum $3,925.90 For the following purpose: Construct sanitary sewer lines -in Quaker Avenue from 62nd Street south to Loop 289 ahead of rerouting and paving Quaker Avenue. 68-27-92-227 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (43) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5431 be passed on first reading. ORDINANCE NO. 5431 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF BELTON AVENUE, BEING THE 225' NORTH OF 50TH STREET, 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 ABANDONMENT OF THE PORTION OF SAID STREET AS AFORESAID. 68-27-92-228 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (44) 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 a Pipe Line License Agreement with Fort Worth and Denver Railway Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of March, 1968. ATTEST: A! � LAVENIA LOWE, City Secretar Treasurer FORM APPROVED: FRED 0. SENTER,-JR., City Attorney CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of this 14th day of February, 1968, between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "Railway", and City of Lubbock, a Municipal Corporation, of Lubbock, State of Texas, hereinafter called the "Licensee". WITNESSETH: ARTICLE 1: In consideration of One ($1.00) D611ar initial and only to be paid by Licensee to Railway immediately upon the execution of this agreement and upon the terms and conditions hereafter'set forth, Railway hereby grants unto Licensee license to enter upon the premises of Railway at Lubbock, Lubbock County, Texas - Pipe line crosses under Railway's main lead tract & Track No. 78 in a Northerly -Southerly direction along the West side of Globe Ave and construct and thereafter maintain across or along said premises at the sole expense of Licensee, an eight (8) inch -pipe line'to be used for conveying water only, the location of said pipe line being shown in red on the Railway's print No. -SP 22-938/309-4 hereto attached, and made a part hereof. ARTICLE 2: The top of said pipe line shall be placed at a depth of not less than five (5) feet six (6) inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three (3) feet below the surface of the ground at any point on Railway's property: 1f'th'e said pipe line shall be of a diameter four inches or larger the por- tion of same directly under the said track or tracks, and under the roadbed thereof, shall be of cast iron or other material of approved strength. ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of -the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now -laid or hereafter laid on said premises, or in any manner interfere with the present or future use of the said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining -or removing said pipe line except upon forty-eight hours' notice to Superintendent of Railway, and then a designated repre- sentative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway so to do, Licensee shall, at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of -constructing, maintaining -or removing said pipe line is being done. In the event the pipe line shall be used to carry any liquid or other substance under pres- sure, and shall be located under any track or within forty-five (45) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance MAR 14 1 this agreement. In case Railway shall, after said pipe line has been constructed, build upon its premises any additional track or tracks, or structures, or make anychanges in existing tracks or struc- tures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or changes in existing tracks or structures, in all respects to the conditions herein required for said present tracks or structures, or as may be required by the Railway. ARTICLE 4: In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in any way interferes with any train.signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system,'or take such steps as may be necessary to avoid all such interference: Licensee further agrees .to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railway by the operation, use or existence of any such grounding system. ARTICLE 5:- The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all claims, demands, judgment loss, costs and expenses, for injury to or death of any person, or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employes), in any manner arising from or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal -of said pipe line or the sub- sidence of soil over the same whether caused by the negligence of the Railway, its servants or employes, or otherwise. ARTICLE 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein set forth on the part of Licensee to be observed and complied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof, and thereafter until terminated, upon not less than sixty (60) days' written notice by either party hereto to the other; -but if Licensee s.hali fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith .and without notice: Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee.. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at,its own expense, upon being notified so to do by Railway, remove said pipe line from said premises and restore the ground to a safe and level condition, and in case of its-fai-lure so to do., the Railway may at its option, either remove the said pipe line from said premises at the sole expense of Licensee, or disconnect fl— the same at points where it enters and leaves the said premises. ARTICLE 7: The Licensee shall not'transfer or assign this license without the written consent of Railway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first herein written. ATTEST: Secretary Attest- i LAVENIA LOWE, City Secre ry-Treasurer APPROVED AS TO FORM: Isl J. T. Street Attorney FORT WORTH AND DENVER RAILWAY COMPANY. By, Its. Vice President Recommended: r�-- I sl D. L. Cowan Division Engineer General Manager -Chief Engr. Superintendent 68-27=93-229 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (45) 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 a Street Use License to.Western Pump Distributors, Inc., a corporation, 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 par this Resolution as if fully copied herein in detail. Passed by the Council this 14th day of March, 1968. W. D. ROGERS, JR., Ma —� ATTEST: ///e► !Jt((,� 4 AR 14 1968 APPROVED: /s/ Fred-O. Senter, Jr. FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 14th day of March, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and Western Pump Distributors, Inc., a Corpora- tion, authorized to do business in the State of Texas, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, privileges and license to con- struct, occupy,.and maintain, below surface level, a private water line under and across North Avenue T at its intersection with Harvard Street and under and across the North -south alley -between North Avenue T and North Avenue U at the intersection of such alley with Harvard Street. 1. A drawing of such construction is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. And such water line shall maintain a minimum clearance of 6 inches from the existing lines of Pioneer Natural. Gas Co. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Grantee shall pay to the City as a compensation for such grant the sum of FIVE AND NO/ 100($5.00) DOLLARS, per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license. 4. Payment of the annual fee provided above shall be made by Grantee to City on January lst of each year this license is in effect.. Notice of such fee being due shall be sent to Grantee by the City and upon failure of Grantee to.pay such fee within 30 days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by Grantee.. 5. Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer and a permit secured from the City Engineer along with a bond as described in paragraph 8 herein if required. 6. The Grantees agree to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction as authorized by this license. Grantee shall keep the street, alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys, and sidewalks of said City. 7. In the event the City determines that the existance of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 8. This license is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any and all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock, may sustain, incur, or become liable for resulting in any manner from the construction,.maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance -of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability an3 property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 9. At such time as this license should be canceled or revoked for any reason, after the expiration of the primary term, the improvements that are permitted under this franchise shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improve- ments and the expense incurred shall be assessed against Grantee for which Grantee shall be 9 MAR 14 1968 r— 10. All of the covenants .and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns, and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof. by the Grantees, their successors or ass.igns,.shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 11. Grantee by the acceptance of the uses permitted herein, understands and agrees that no interest, title orrights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way -he is permitted to use hereby and agrees to give peaceful possession of said property covered her n upon termination or cancellation of this license. A • CITY OF Oti IJ BY: '± ATTEST: W. D. E , J .—a&,V; k LAVENIA LOWE, City Secre ry-Treasurer AGREED TO AND ACCEPTED this day of 1968. LICENSEE: WESTERN PUMP DISTRIBUTORS, INC. BY: 68-27-95-230 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and (46) 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 a STREET USE LICENSE to William Patterson Layne, III attached herewith which shall be spread upon the minutes of the Council and as s read upon the minutes of this Council shall constitute and be a part of this Resolution as if f copied herein ' detail Passed by the City Council this 14th day of March, 1968. W. D. ROGERS, JRt. ATTEST: LAVENIA LOWE, City Secreta y-Treasurer APPROVED: FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 14th day of March, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and William Patterson Layne, III, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, his heirs and assigns, the right., privileges and license to construct, occupy and maintain below the surface level, a private waterline under and across a public alley within the City of Lubbock, Texas, situated within Lot 1-A, Block 10, Trigg Heights Addition to the City of Lubbock, Lubbock County, Texas. 1. A drawing of such construction, already completed, is attached hereto and made a part hereof and the use granted hereby is limited to that shown on such drawing. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Prior to any additional construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence any additional construction until such plans and specifications are approved by the City Engineer. 4. The Grantee agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. Grantee shall keep the alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys and sidewalks of qaid City. Xi MAR 14 1968 68-27-96-231 (48) 5. In the -event the -City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 6. .This license is made subject to the condition that should the Grantee, his heirs or assigns, exercise any right under the license herein granted under and across any or all of the above set out property, then and in that event said Grantee, his heirs or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity or whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance a.nd'use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform any additional construction, repair or maintenance permitted herein, which agreement will indemni- fy the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable.surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of.'a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual. liability assumed by contractor in said agreement with City. 7. At such time as this license should be canceled or revoked for any reason before or after the expiration of the primary term, the improvements that are permitted under this license shall be removed by the Grantee and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improve- ments after demand by City, the City shall enter possession and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 8. All'of the covenants. and provisions of this license' shall be binding upon and inure to the benefit of -the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extend and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantee, his succes- sors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 9. Grantee, by the acceptance of the interest, title or rights of possession are herein and Grantee waives any and all claims by and agrees to give peaceful possession of cancellation of this license. ATTEST : a eviLze lAVZNfA LOWE, City Secret ry-Treasurer uses permitted herein, understands and agrees that no intended or implied except those expressly set forth in and to the public way he is permitted to use here - said property covered herein upon termination or AGREED TO AND ACCEPTED THIS day of APPROVED: CI7 By: WILLIAM PATTERSON LAYNE, III, LICENSEE /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney APPROVED: /s/ Samuel W. Wahl SAM WAHL, City Engineer Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Kastman, Diekemper, and Medlock voting Yea,' none voting Nay, that the following Reso- lution be passed. Councilman Granberry was absent at the time of this motion. RESOLUTION WHEREAS, the City of Lubbock and the United States of America entered into a contract dated September 28, 1967 covering utility relocation and street and alley closings and abandonment necessary for the construction of the Federal Courthouse and Office Building and WHEREAS, the United States of America desires to amend such contract in regards to the date that final action on street and alley closings and abandonment and utility line abandonment shall be taken, and WHEREAS, such contract amendment would be to the advantage of both parties to such agreement; 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 for and on behalf of the.,,City of Lubbock Amendment No. Z to contract between the City of Lubbock, Lubbock County, Texas, and the United States of America 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. 97 MAR 14 1968 s ft APPROVED: s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR„ City Attorney. AMENDMENT NO. 1TO CONTRACT BETWEEN.'THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND THE UNITED STATES OF AMERICA This Amendment No. 1 to 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, it is the desire of the parties hereto to amend said contract dated September 28, 1967; NOW THEREFORE, the parties hereto agree that Paragraphs Numbers 1, 3, 4, and 5 of said contract dated September 28, 1967, are deleted from the contract and the following is substituted therefor: 1. The City of Lubbock will 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, LubbDck, Texas, and will quitclaim all its rights, title and interest in same to the United States of America. The action provided under this paragraph will not be taken by the City of Lubbock until requested by the United States of America and then will be accomplished within 60 days. 3. The City of Lubbock will 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. The City of Lubbock will, if not done before, accomplish the requirements of this paragraph within 60 days of request by the United States of America. 4.- Within 60 days of request by the United States of America, 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 within 60 days of request by the United States of America shall become the property of the United States of America. The parties further agree that in consideration of the above the City of Lubbock, Texas, will, within 60 days of the request of the United States of America, remove the bricks from said public alleys and -portion of 13th Street lying in and between said Blocks 134 and 150, Original Town, Lubbock, Texas, and any such bricks not removed by the City of Lubbock within the 60 day period shall become the property of the United States of America. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 14th day of March, 1968 A.D.' ATTEST: AOA., LAVENZA LOWE, City Secret ry-Treasurer UNITED STATES OF AMERICA, Acting by and through the Administrator of General Services By 68-27-97-232 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (49) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the appointment of Dr. Heenan Johnson to replace Dr. Paul Bumpers as a member of the City -County Library Board for a three year term. Dr. Johnson's term to expire December 31, 1970. This is a nine member board; other members being: Mrs. Alex Kline, Mrs. John C. McLarty, Swain Rodgers, Mrs. Bob Kern, Bill Wilkerson, Mrs. Charles Dollins, Dr. John Brand and Mrs. E. Ray Tatum. 68427-97-233 Motion by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and ' (51) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the appointment of Mr. Charles B. Perry to replace Mr. John A. Flygare as a regular member and Mr.-Oby Stuart and Mr. W. C. O'Mara to replace Mr. Marvin B. Hilburn and Mr. Owen Hamilton as alternate members of the Zoning Board of Adjustment for a period of two years. Mr. Perry, Mr. Stuart and Mr. O'Mara's terms to expire February 26, 1968. This is a seven member board; other members being: Robert B. Gaffga, Richard B. Dickey, Marvin B. Hilburn and Owen Hamilton. 00 MAR 14 1968 68-27-98-234 Motion by Councilman Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (51a) Councilmen Granberry, Kas.tman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the re -appointment of Mrs. Bill D. Blake as a member of the Parks and Recreation Board for a five year term. Mrs. Blake's term to expire March 31, 1973. This is a five member board; other members being: James Earl Walker, Henry L. Huneke, Kent Wagonseller and Dirk West. 68-27-98-235 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (52) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the appointment of Bolinger, Segars and Company, Certified Public Accountant firm, to conduct the annual audit for the fiscal year October 1, 1967 through September 30,. 1968. 68-27-98-236 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 195. (53) Bid Tabulation set in Bid Book. 68-27-98-237 (54) 68-27-98-238 (54a ) 68-27-98-239 (55) 68-27-98-240 (55a) 68-27-98-241 (56) 68-27-98-242 (57) After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock.voting Yea, none voting Nay, to authorize acceptance of the bids as follow: Accept the bid of C. N. Anderson Company for purchase of Items 1 and 2. Accept the bid of Westinghouse Electric Supply for purchase of Items 3 and 4. Accept the bid of-Graybar Electric Company for purchase of Items 5 and 6.' Bids as follows were received for purchase of fertilizer for the golf course, being Bid No. 196. Bid Tabulation set in Bid Book. After consideration -of all.bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Goldthwaite's of Texas - Fort Worth for purchase of Item 1. Accept the bid of Williamson Seed Company for purchase of Items 2 and 3. Bids as follows were recieved for purchase of ammonium.nitrate for Parks and Recreation, Cemetery and Street -and Water, being Bid No. 194. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Four Corners Farm Supply Company for purchase of ammonium nitrate. Bids as follows were received for purchase of uniforms for the Police Department, being Bid No. 207. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of J. D. Battle Uniform Company for purchase of uniforms for the Police Department. Bids as follows were -received for purchase of uniforms for the Fire Department, being Bid No. 208. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of J. D. Battle Uniform Company for purchase of uniforms for:the Fire Department. Bids as follows were received for purchase of city warehouse addition to house radio shop, being Bid No. 1.99. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by ` Councilman Kastman, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Cherry and Akin for City warehouse addition to house radioshop. Bids as follows were received for purchase of paint striping machine and automotive truck, being Bid No. 184. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Southwestern Materials -Company - Austin for purchase of paint striping machine -and automotive truck for the Traffic -Department. 68-27-98-243 The City of Lubbock March 7, 1968 (32) Lubbock, Texas Gentlemen: 98A I I 68-27-98-243 (32 ) rfl 70 `� 70 78, cr 6 N rCr 7 M Lin 70 re' M19, 56 � .419 S �.7.:-67!T bock 56 64' ST �r N ~ cn=10.43 3222 r� 'Cn'G0.0 0 ' 2 ---— Line i 0 m ss _ 9 P 145 6f'r'' 6015, 60' 5?6. / II 131 3 If r I„ 'na#-AfTi i v 15i P119 275 Co' C1�S l v 15326 5326 A&H WA WATiEZ CITY PROPERTY V 1050 P 457 1 C'TY PROP 62 'Tck. J4 S T Proponent, owner of Lot 2 and 3 B. Bapt. and unplatted tract fronting 82' on 62nd with 131' on the alley, would trade 2 triangular tracts (in red) limiting Lot 2 to 60' width. In exchange the city would trade its 2 triangular tracts (in gre n) permitting the street R. O. W. to be due North -South. The proponent would dedicate a 2. 5' underground ease- ment on the West of his tracts. The city would make dirt available for proponents necessary fill. Undersigned acknowledge support and agreement for presentation to the Council, surveying, platting, etc. � c MAP x 4 196 r propose a trade of land to you. After obtaining consent and agreement from your department heads, Wahl, Burr, Sherrill and Hamilton, the proposal needs your agreement prior to platting. The attached illustrates the trade I propose to make. I will appreciate your willingness to accept such a trade at the proper time, subject to platting and cut/fill plan. Thank you. Sincerely /s/ C. M. Berry C. M. Berry by agent, Earl Lochart Jr. 2701 Avenue Q The City Council considered the above request in regard to exchange of deeds between the City of Lubbock and C. M. Berry for realignment of Geneva Avenue between 61st Street and 62nd Street. Motion was made by Councilman Kastman, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and. Medlock voting Yea, none voting Nay, to authorize acceptance of the plan for alignment of Geneva Avenue at this location as set out in the above letter and attached plat. The Mayor being hereby authorized to execute deeds to Mr. Berry to complete this transaction. 68-27-99-244 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (47) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. 68-27-99-245 (47b) RESOLUTION WHEREAS, the City of Lubbock has secured a Judgment foreclosing a paving lien against Lot 13, Block 6, Westover Heights Addition to.the City of Lubbock, Texas, and WHEREAS, a Sheriff's Sale will be held to dispose of the aforesaid property on April 2, 1968; and WHEREAS, it is the desire of the City of Lubbock to protect its interest in such property; NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the Right of Way Agent of the City of Lubbock is hereby authorized and direct ed to bid and purchase Lot 13, Block 6, Westover Heights Addition subject to taxes at a Sheriff's Sale held April 2, 1968, at a price of up to the amount owing against such lot by virtue of -a Judgment filed in Vol. 29, Page 275 of the Lubbock County Deed Records, together with all costs and superior liens, and costs of sale and publication. Passed by the City Council this 14th day of March, 1968. • a �i � W. D. ROGERS, JR., May ATTEST: i IAVENiA LOWE, City ecreta y-Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. r� 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 Conveyance of Air Space in favor of R. E. Great Plains Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council.this 14th day of March, 1968 ATTEST: i LAVENIA LOWE, City Secreta y-Treasurer FORM APPROVED: Is/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney LOU AR 14 1968 CONVEYANCE OF AIR SPACE STATE OF TEXAS X KNOW ALL MEN BY THESE -PRESENTS: COUNTY OF LUBBOCK X THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, State of Texas, for -and in consideration of the sum of $1.00 does hereby -grant and convey unto the R. E. Great Plains Corporation, the right to occupy the space from and above a:point beginning at the second floor level, and extending upward to the topmost point of the existing structure known as Great Plains Life Building, such space shall consist of a width of 0.3' from point of beginning to top of such structure. It is intended by this instrument to convey air rights and permission of occupancy of airspace as above described on the following property: BEGINNING at the Northwest corner of Lot 6, Block 117, Original Town of Lubbock, Lubbock .County, Texas; THENCE West 0.3 feet to a point; THENCE South 125.3 feet to a point; THENCE East 75.3 feet to a point; THENCE North 0.3 feet to the Southeast corner of Lot 8 in said Block 117; THENCE West 75.0 feet to the Southwest corner of Lot 6 in said Block 117; THENCE North 125.0 feet to the POINT OF BEGINNING. Such grant of occupancy shall continue for so long as the existing structure remains in place. It is not intended or inferred that the grantee herein shall receive or be entitled to any greater estate than that stated above. It is further agreed that no alteration or additions shall be made to the existing structure within the conveyed air space without prior written consent of the grant r rein. Executed this 14th day of March, 1968. W. D. ROGERS, JR., 68-27-100-245 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, M4*r Roges and (47a) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that dinance No. 5432 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5432 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 $24,306.00 For the following purpose: Acquisition of Parcel 2, Project RW8005-1-1, U. S. Hwy. 84-87 (Howard Johnson Motel -South Traffic Circle) The award of the special coamissioners in condemnation in Cause No. 141, County Court at law No. 2 of Lubbock County, Texas, The -State of Texas vs. Leonard Wilson, et al, was $24,306.00. The legal description is attached hereto. GWO 10608 68-27-100-246 Motion by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and (34a) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to remove Zone Case No. 1511-D from the Table, said Zone Case having been Tabled February 21, 1968. 68-27-100-247 The City Council reconsidered Zone Case No. 1511-D, having been Tabled February 21, 1968 for (35) change to "C-2A" of property on 50th Street between Avenue D and Avenue H. After consideration of all information presented, motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting'Yea, none voting Nay, that Ordinance No, 5433 be passed on first reading. ORDINANCE NO. 5433 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE -NO. 1511-D: CHANGE LOTS 1 AND 22 BLOCK 2, AND Ions 111 1� E 1Mau Ul MIME N CITY R 1059 ME MR, lK FROM AN "R-l" TO A "C-20 ZONING DISTRICT, SUBJECT TO CONDITION. r— Ll O NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE TY UNCIL ADJQ FROM REGULAR MEETING, MARCH 14, 1968. � 4 W. ATTESTD. ROGERS, , Mayo :r"�� a MARg? READ AND APPROVED THIS THE 28TH DAY OF MARCH, 19E ATTES - - - - LA NIA LOWE, City Secretary -Treasurer II