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Home My WebLink AboutMinutes - City Council - Regular - 3/28/1968is MAR 2 8 1961 March 28, 1968 I, I. I; II 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 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 68-27-105-256 Invocation was given by Councilman W. E. Medlock. (1) 68-27-105-257 Motion by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and (2) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular meeting held March 14, 1968. 68-27-105-258 NOTICE OF SALE CITY OF LUBBOCK, TEXAS (3) The City Council of the City of Lubbock, Texas, will receive bids at the City Hall, Lubbock, Texas, until 10:00 AM, CST, Thursday, March 28, 1968, for the following described bonds: $3,840,000 City of Lubbock, Texas, General Obligation Bonds, _Series _1968 Dated: April 15, 1968; maturing $195,000 each year April 15, 1969 through April 15, 1976 and $190,000 each year April 15, 1977 through April 15, 1988. Further information may be obtained from Mr. Sterling K. Miller, Director of Finance, City of Lubbock, Lubbock, Texas 79401; or First Southwest Company, 927 Mercantile Bank Building, Dallas, Texas 75201; Financial Consultants to the City. Lavenia Lowe City Secretary City of Lubbock, Texas In accordance with the above Notice of Sale of $3,840,000 City of Lubbock General Obligation Bonds Series 1968, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carri Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the bids -be opened and read, whereupon the following bids were opened and read: Honorable Mayor and City Council March 28, 1968 City of Lubbock Lubbock, Texas Gentlemen: Reference is made to your 'Official Notice of Sale" and "Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. I For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $809.00 for bonds maturing and bearing interest as follows: April 15, 1969, through April 15, 1973 -- 5.% April 15, 1974, through April 15, 1980 --.4.10% April 15, 1981, through April 15, 1982 - - 4.20% April 15, 1983, through April 15, 1985 - - 4.30% April 15, 1986, through April 15, 1988 - - 4.35 (Attach additional sheet of paper if more than six interest rates are named.) Interest cost, in accordance with the above bid is: Gross Interest Cost $1,720,050.00 Less -Premium 809.00 NET INTEREST COST $1,719,241.00 EFFECTIVE INTEREST RATE 4.2895% i Attached hereto is Cashier's - Certified Check of the Harris Trust and Savings Bank, Chicago, Illinois, in the amount of $76,800..00 which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale" and "Official Statement". Respectfully submitted, HARRIS TRUST AND SAVINGS BANK, CHICAGO WEEDEN & CO., INCORPORATED. THE FIRST BOSTON CORPORATION A.. G. BECKER & CO., INCORPORATED [06 RAR 2 8 1969 REPUBLIC NATIONAL BANK OF DALLAS BANK OF V IRG IN IA Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: FUNK, HOBBS, HART & WHITE, INC. By HARRIS TRUST AND SAVINGS BANK By_Is/ H. F. Bright Vice President March 28, 1968 Reference is made to your "Official Notice of Sale" and "Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds., as described in said Notice, we will pay -you par and accrued inte- rest from date of -issue to date of delivery to us, plus a cash premium of $ none for bonds maturing and bearing interest as foI,lows: . April 15, 1969, through April 15, 1973 -- 5% April 15, 1974, through April 15, 1976 -- 4% April 15, 1977, through April 15, 1983 -- 4 1/4% April 15, 1984 4.30% April 15, 1985, through April 15, 1986 -- 4.35% April 15, 1987, through April 15, 1988 -- 4.40% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,734,385.00 Less Premium - 0 - NET INTEREST COST $1,734,385.00 EFFECTIVE INTEREST RATE 4,32730% Attached hereto is Cashier's - Certified Check of the Mercantile National Bank, Dallas, Texas, in the amount of $76,$00.00, which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the 'Official Notice of Sale" and "Official Statement". Respectfully submitted, First Southwest Company ) John Nuveen & Co. )Joint Equitable Securities Corp )Managers Underwood, Neuahus & Co. ) Rowles, Winston & Co. Texas Bank & Trust Company Honorable Mayor City of Lubbock Lubbock, Texas Gentlemen: and City Council Columbian Securities Corporation Dittmar & Co. First National City Bank of Houston Trust Company of Georgia By /s/ Joe W. Smith Authorized Representative March 28, 1968 Reference is made to your "Official Notice of Sale" and 'Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute- a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $115.20 for bonds maturing and bearing interest as follows: April 15, 1969, through April 15, 1972 -- 5.% April 15, 1973, through April 15, 1974 -- 4 3/4% April 15, 1975, through April 15, 1977 -- 4.% April 15, 1978, through April 15, 1979 -- 4.10% April 15, 1980,.through April 15, 1981 -- 4.20% April 15, 1982•, through April 15, 1983 -- 4.25% April 15, 1984, through April 15, 1986 -- 4.35% April 15, 1987, through April 15, 1988 -- 4.40% Interest cost, in accordance with the above bid, is: Gross Interest Cost Less Premium NET INTEREST COST EFFECTIVE INTEREST RATE Attached hereto is Cashier's - Certified the amount of $76,800.00 which represents accordance with the terms as set forth in $1,729,607.50 115.20 $1,729,492.30 4.3151% Check of the First National Bank, Lubbock, Texas, in our Good Faith Deposit, and which is submitted in the "Official Notice of Sale" and "Official Statement". El Respectfully submitted, Halsey, Stuart & Co. Inc. J. Barth & Co. R. J. Edwards, Inc. The White -Phillips Company, Inc. White, Weld & Co. The Fort Worth National Bank McMaster Hutchinson & Co. is MAR 2 8 196 F F r Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: March 28, 1968 Reference is made to your "Official Notice of Sale" and "Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice; we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of 248.00 for bonds maturing and bearing interest as follows: April 15, 1969, through April 15, 1982 -- 5% April 15, 1983, through April 15, 1984 -- 4.30% April 15, 1985, through`April 15, 1987 -- 4.40% April 15, 1988, through April 15, 1/20 of 1% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,713,110.00 Tess Premium 248.00 NET INTEREST -COST $1,712,862.00 EFFECTIVE INTEREST RATE 4.2736% Attached hereto is Cashier's Check of the First National Bank in Dallas, Texas, in the amount of $76,800 which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale" and "Official Statement". Respectfully submitted, FIRST NATIONAL BANK IN DALLAS First Nationa-1 Bank of Fort Worth E. F. Hutton & Company, Inc. - Houston Texas National Bank of Commerce -Houston Moroney, Beissner & Co., Inc. - Houston Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: First National Bank of Memphis Reinholdt & Gardner - St. Louis Paine, Webber, Jackson & Curtis Russ & Company;' Inc. - San Antonio Almon & Company - Dallas By Isl John B. Clayton,_ _ III John B. Clayton III, ❑ice President First National Bank in Dallas March 28, 1968 Reference is made to your "Official Notice of Sale" and "Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of 679.68 for bonds maturing and bearing interest as follows:. April 15, 1969, through April 15, 1973 -- 5% April 15, 1974, only -- 4.50 % April 15, 1975, through April 15, 1976 -- 4% April 15, 1977, through April 15, 1978 -- 4.10% April 15, 1979, through April 15, 1982 -- 4.20% April 15, 1983, through April 15, 1984 -- 4.25% April 15, 1985, through April 15, 1988 -- 4.35% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,724.845.00 Less Premium 679.68 NET INTEREST COST $1,724.165.32 EFFECTIVE INTEREST RATE 4.318% Attached hereto is Cashier's - Certified Check of the Citizens National Bank, Lubbock, Texas, in the amount of $76,800.00 which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale" and "Official Statement". Respectfully submitted, First National City Bank Mellon National Bank & Trust Co. F. S. Smithers-& Co. Bank of -the Southwest, N.A. Rotan, Mosle-Dallas Union, Inc. Thomas & Co., Inc. By s Authorized Representative Honorable -Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen March 28, 1968 r - 1 11 1 l$n P / . . 1 I.. - . . 0 .1 - .- 1 1I _ - 1 1 1 ^ / n [8 AR 2 8 1968 of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $655.00 for bonds maturing and bearing interest as follows: April 15, 1969, through April 15, 1973 -- 5% April 15, 1974 only 4.70% April 15, 1975, through April 15, 1978 -- 4.10% April 15, 1979,- through April 15, 1981 -- 4.20% April 15, 1982, through April 15, 1983 -- 4.30% April 15, 1984, through April 15, 1985 -- 4.40%. April 15, 1986, through April 15, 1988 -- 4.50% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,756,615.00 Less Premium 655.00 NET INTEREST COST $1,755,960.00 EFFECT INTEREST RATE 4.3811% Attached hereto is Cashier's - Certified Check of the Citizens National Bank, Lubbock, Texas, in the amount of $76,800.00, which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the 'Official Notice of Sale" and 'Official Statement". Respectfully submitted, PHELPS, FENN & CO. and Associates By Isl William D.Te ue Jr, Authorized Representative Honorable Mayor and City Council March 28, 1968 City of Lubbock Lubbock, Texas Gentlemen: Reference is•made to your "Official Notice of Sale" and "Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $979.20 for bonds -" maturing and bearing interest as follows: April 15, 1969, through April 15, 1973 -- 5% April '15, 1974, through April 15, 1977 -- 4% April 15, 1978, through April 15, 1981 -- 4.20% April 15, 1982, through April 15, 1983 -- 4.25% April 15, 1984, through April 15, 1985 -- 4.30% April 15, 1986, through April 15, 1988 -- 4.35% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,720,420.00 Less Premium 979.20 NET INTEREST COST .$1,719,440.80 EFFECTIVE INTEREST RATE 4.2900% Attached hereto is Cashier's - Certified Check of the Citizens National Bank, Lubbock, Texas, in the amount of $76,800.00, which.represents our Good Faith Deposit,• and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale" and 'Official Statement". Respectfully submitted, SMITH, BARNEY & CO. INCORPORATED (Manager) And Associates By Isl Martan E. Metcalf III Vice President Honorable Mayor and City Council. March 28, 1968 City of Lubbock Lubbock, Texas Gentlemen: Reference is made to your "Official Notice of Sale" and "Official Statement", dated March 1, 1968, of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $93.00 for bonds maturing and bearing interest as follows: April 15, 1969 only 4 1/2% April 15, 1970, through April 15, 1973 -- 5% I MAR 28it, r r F r r April 15, 1977, through April 15; 1979 -- 4.10% April 15, 1980, through April 15, 1982 -- 4.20% April 15, 1983, through April 15, 1984 -- 4.25% April 15, 1985, through April 15, 1986 -- 4.30% April 15, 1987, through April 15, 1988 -- 4.40% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,716,310.00 Less Premium 93.00 NET INTEREST COST $1,716,217.00 EFFECTIVE INTEREST RATE 4.281978% Attached hereto is Cashier's - Certified Check of the Citizens National Bank of Lubbock, Texas, # the amount of $76,800.00, which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale" and "Official Statement". Respectfully submitted, The First National Bank of Chicago - Account Manager The Chase Manhattan Bank, N.A. Morgan Guaranty Trust Company of New York Bankers Trust Company Goodbody & Co. Spencer Trask & Co. Wells & Christensen, Incorporated Julien Collins & Company Honorable Mayor City of Lubbock Lubbock, Texas Gentlemen: and City Council The First National Bank of Chicago Account Manager By is/ P.. Bergquest - Vice „President Authorized Representative March 28, 1968 Reference is made to your 'Official Notice of Sale" and "Official Statement", dated March 1, 1968 of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $52.00 for bonds maturing and bearing interest as follows: April 15, 1969, through April 15, 1973 -- 5.00% April 15, 1974 -- 4.125% April 15, 1975, through April 15, 1977 -- 4.00% April 15, 1978, through April 15, 1980 -- 4.10% April 15, 1981, through April 15, 1982 -- 4.20% April' 15, 1983, through April 15, 1984 - 4.25% April 15, 1985, through April 15, 1986 -- 4.30% April 15, 1987, through April 15, 1988 -- 4.35% Interest cost,.in accordance with the above bid, is: Gross Interest Cost $1,711,052.50 Less Premium 52.00 NET INTEREST COST $1,711,000.50 EFFECTIVE INTEREST RATE 4.26896% Attached hereto -is Cashier's check of the'Lubbock National Bank, Lubbock, Texas, in the amount of $76,800.00 which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale".and "Official Statement". Respectfully submitted, Honorable Mayor City of Lubbock Lubbock, Texas Gentlemen: and City Council THE NORTHERN TRUST COMPANY MERRILL LYNCH, -PIERCE, FENNER & SMITH INC. MERCANTILE TRUST COMPANY N.A. THE VALLEY NATIONAL BANK OF ARIZONA THE BANK OF CALIFORNIA NA A. S. HART AND COMPANY, INC. WILLIAM BLAIR & COMPANY By /s/ Thomas Leafstrand Second Vice President Authorized Representative March 28, 1968 Reference is made to your 'Official Notice of Sale" and "Official Statement", dated March 1, 1968 of $3,840,000 CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which consti- tute a part hereof. For your legally issued bonds, as described in said Notice, we will pay you par and accrued interest from date of issue to date of delivery to us, plus.a cash premium of $270.50 for bonds to 2 8 1968 maturing and bearing interest as follows: April 15, 1969, through April 15, 1970 -- 5% April 15, 1971, -- 4.75% April 15, 1972, through April 15, 1983 -- 4.20% April 15, 1984, through April 15, 1986 -- 4.25% April 15, 1987, through April 15, 1988 -- 4.30% Interest cost, in accordance with the above bid, is: Gross Interest Cost $1,703,5.12.50 Less Premium 270.50 NET INTEREST COST $1,703,242.00 EFFECTIVE INTEREST -RATE 4.249605% .Attached hereto is Cashier's Check of The Lubbock National Bank, Lubbock, Texas, in the amount of $76,800.00 which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the "Official Notice of Sale" and 'Official Statement". Respectfully submitted, Chemical Bank New York Trust Company By: CHEMICAL BANK NEW YORK TRUST COMPANY Isl Leonard S. Allen By: Leonard S. Allen A.V.P. Authorized Representative ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of Lubbock, Texas, this the 28th day of March, 1968. W. D. ROGERS, JR., Mayor, City of Lubbock, Texas ATTEST . City Secretary, City of Lubbock, Texas Return of Good Faith Deposit is hereby acknowledged: By -- Lavenia Lowe After consideration of all bids submitted, motion was made by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Chemical Bank New York Trust Company, it being considered most advantageous to the City of Lubbock, MINUTES PERTAINING TO PASSAGE OF ORDINANCE AUTHORIZING THE ISSUANCE OF $3,840,000 "CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS SERIES 1968". DATED APRIL 15 1968 THE STATE OF TEXAS COUNTY OF LUBBOCK X CITY OF LUBBOCK X ON THIS, the 28th day of March, 1968, the City Council of the City of Lubbock, Texas,convened in regular session, being open to the public, at the -regular meeting place thereof in the City Hall, there being present and in attendance the following members, to -wit: W. D. ROGERS, JR. MAYOR JAMES H. GRANBERRY, D.D.S. MAYOR PRO-TEM AND COUNCILMAN JACK KASTMAN ) RAY J'. DIEKEMPER, JR. ) COUNCILMEN W. E. MEDLOCK ) AND W. R. BLACKWELL CITY MANAGER AND L.AVENIA LOWE CITY SECRETARY also being present; and with the following absent: None, constituting a quorum; at which time the following, among other business, was transacted, to -wit: Councilman Diekemper introduced the following ordinance: ORDINANCE NO. 5439 "AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of $3,840,000 'CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1968', dated April 15, 1968, for the purpose of making permanent public improvements, to -wit: $788,000 for constructing improvements and extensions to the City's Waterworks System; $50,000 for the purchase, construction and installing of street lighting in and for said City; $140,000 for constructing and equipping a fire station building in and for said City; $1,477,000 for constructing.street improvements in and for said City, including the acquisition of necessary _ , ., . 61 c nnn r... ..... ,«.....«ir.n e.,l erninn eVrta"Ainv I MAR 2 8 19 F F r r r and installing storm sewers, drains, and gutters, -.and other improvements incidental thereto in and -for said City, including the land for drainage purposes; and $1,370,000 for the construction and equipment of a sanitation -garbage -trash disposal facility, a public utility for said City, in - eluding the acquisition of land therefore; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property withii the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting pro- visions incident and relating:.to the purpose and subject of this ordinance and declaring an'emer- gency. " The ordinance was -read in full, and thereupon, Councilman Diekemper moved that the Charter rule prohibiting the passage of ordinances on the day on which introduced, unless declared an emergency measure, be suspended for the reasons set forth 'and defined in the preafable thereto. The motion was seconded by Councilman Medlock and -carried by the following vote: YEAS: Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and..'Medlock. NAYS: None. • Councilman Diekemper then moved that -the ordinance be finally passed as an emergency measure to take effect immediately from and after its passage. The motion was seconded by Councilman Medlock and carried by the following vote YEAS: Mayor Rogers and Councilmen Granberry, Kastman, Diekemper, and..Medlock i NAYS: None. The Mayor then announced the final passage and immediate effect -of the ordinance as an emergency measure. MINUTES APPROVED, this the 28th day of March, 1968. .68-27-111-259 Mr. Kenneth Bowlin, Attorney representing'Mr- Clayton Roberts, appeared before the City Council ii (5a) connection with the sale of Tracts 44A and 42. Mr. Bowlin having appeared heretofore in this regard on February 1, 1968, being of record in Minute Book 27, Page 46. Mr. Bowlin stated, that Mr. Roberts still desires to purchase this property and the proposed payment for land to be made 1/4 cash and balance be paid in three annual installments at 6% interest. After consideration of all information presented, motion was made by Councilman Kastman, seconded by Councilman Diekempe: motion carried, Councilmen Kastman, Diekemper, and Medlock voting Yea, Mayor Rogers and Councilmaj Granberry voting Nay, to disregard the existing 'implied contract, if any, and to make the follow- ing compromise settlement offer: That the City sell Tracts 42 and 44A for a consideration of $32,500 for Tract 42 and $6,805 for Tract 44A to be paid in cash by cashiers check. The deeds an( transactions to be closed within 30 days from this date. Land to be conveyed by quit claim deed on the street and alleys with special warranty deed on -all other land. The water line to be re- located at the purchaser's expense and the.City to reserve such other easements as necessary on the north and east sides of Tract 42. Mayor Rogers and Councilman Granberry stated they were voting against this transaction being handled on.a cash basis. 68-27-111-260 Mayor W. D. Rogers March 21, •1968 (5b) City Commission City of Lubbock Lubbock, Texas Re: Lot 7 through 12 Block 6 Del Mar Addition City of Lubbock, Lubbock, Texas Gentlemen: We own the referenced property along with Mr. Robert Maxey. Furr's, Inc. operates a Super Market located on the property. They pay all taxes as a part of their rental payments. The City notified Furr's, Inc. of an alley paving program behind the market. They report that since it was our property that they felt we would protest or agree to the assessment, however, we did not receive any notification and therefore -did not know of any hearing concerning this matter. We recognize that the hour is late and that the -City did exactly what it was supposed to do in regards to notification. However, we•were not aware of and neither was Furr's, that a notifica- tion to the tax payer, whatever the arrangement, was sufficient, regardless of who actually owned the property. Since Furr's do not use the alley and -that it is in good condition, we'respectfully plead for reconsideration on the paving assessment. Furr's service their store from the east door of the building which faces on our parking lot. The alley is well drained, is not used to disperse traffic, or shouldn't, since it dead ends into Roscoe Wilson, School, and is used for garbage trucks only. This issue has been before the Commission before and it was their decision that the alley was in good condition and paving was not necessary. We sincerely and respectfully request that this paving be eliminated at this time. Respectfully, FRONTIER SAVING STARS INC. /s/ Preston Johnston Preston Johnston President �1118 1968 Mr. Jim Hall appeared before the City Council in connection with the request as set out in the above .letter. After consideration of the request of Mr. Hall, it was unanimously agreed by the City Council to request the paving contractor to not pave this alley for-30 or 60 days pending the City's Engineering Department and the Frontier Stamp Company working out the drainage problem caused by the roof drainage from the Furr's food store. 68-27-112-261 Motion by Councilman Diekemper, seconded by Councilman Kastman, Motion carried, Mayor Rogers and (6) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5429 be passed on second and final 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 62nd Street south to Loop 289 ahead of rerouting and paving Quaker Avenue. 68-27-112-262 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (7) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5430 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5430 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 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. 68-27-112-263 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (8) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5432 be passed on second and final 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 commissioners 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 68-27-112-264 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (9) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No.-5426 be passed on second and final 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 N0. 1187-A: CHANGE LOTS 2 AND 4, BLOCK 4; LOTS 1 THRU 5, BLOCK 5; LOT 8, BLOCS 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. 68-27-112-265 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (10) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5428 be passed on second and final reading. Fle J - 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, 1 MAR 2 8 1 bmpw- r re- LUBBOCK COUNTY, TEXAS; BY CORRECTING SAID ORDINANCE TO REFLECT THE ACTION OF THE CITY COUNCIL. 68-27-113-266 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (11) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5433 be passed on second and final 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 2, BLOCK 2, AND LOTS 1 THRU 14, BLOCK 3, LYNDALE ACRES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-2A" ZONING DISTRICT, SUBJECT TO CONDITION. 68-27-113-267 Motion by Councilman Diekemper, seconded by Councilman Kastman, motion carried, Mayor Rogers and (12) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5427 be passed on second and final 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; PRO- VIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HEREAFTER BE ERECTED, RE -ERECTED OR SUBSTANTIALI REPAIRED BETWEEN SUCH BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILDING LIN 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. 68-27-113-268 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (13) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize approval of price -and conditions for the disposition of Lots 2, 3, and 4, Block 47, Coronado Addi tion to the City of Lubbock to Carter Chapel Methodist Episcopal Church for $4,368. These lots are to be developed with a church building and paved parking lot in accordance with the Urban Renewal Plan. 68-27-113 -269 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, to authorize the appointment of Dr. Lowell Johnson to replace Dr. Max Stettner as a member of the City -County Health Board for a three year term; term to expire February 21, 1971. This is a nine member boar other members being: Ralph Motsenbocker, Dr. P. L. Vardy, Max Rutledge, Joe Stanley, J. H. Galey Arnold Maeker, Dr. George Ferrell and Bruce Kattman. 68-27-113-270 Motion by Councilman -Granberry, seconded by Councilman Medlock, motion carried, Mayor Rogers and (21) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize the appointment of Mr. Syrian Marbut as assistant recorder of Corporation Court. 68-27-113-271 (22) 68-27-113-272 (23) OATH OF OFFICE I, Syrian E. Marbut do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; ghat I take this obligation freely, without any mental reservation or pur pose of evasion; and that I will well and faithfully discharge the duties of the appointment on which I am about to enter So Help Me, God. I further do solemnly swear (or affirm) that I am not a member of the Communist Part, the German Bund, or ahy other -Communist Nazi, or and Political Party or organization, which advocates the overthrow of our Constitutional form of Government in the United States. I/ Syrian E. Marbut Bids as follows were received for purchase of bunker clothes, boots, and helmets. for the Fire Department, being Bid'No. 210. 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 W. H. Lumpkin for purchase of Items 2 and 3. Accept the bid of Willen Company for purchase of Items 4 and 5. Bids as follows were received for electric meters and current transformers, being Bid No. 200. 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 Abbott's Meter Laboratory for purchase of Items 1, 2, 4, and 11-13. Accept the bid of Nelson Electric Supply Company for purchase of Items 3, 5-10 and 14-28. 68-27-113-273 (24) Bids as follows were received for purchase of substation transformer, being Bid No. 226. Bid Tabulation set in Bid Book,. Ater consideration of all bids received, motion was made by Councilman Granberry, seconded by 1 28 1968 and Medlock voting Yea, none voting Nay, to authorize acceptance of the bid of Westinghouse Electric Supply Company for purchase of substation transformer. 68-27-114-274 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (14) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize publication of Notice to Bidders for the 1968 Street Maintenance Program. 68-27-114-275 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (14a) Councilmen Granberry, Kastman,. Diekemper, and Medlock voting Yea, none voting Nay, to authorize supplement to the 1967-1968 City of -Lubbock Budget from unappropriated surplus funds in the amount of $155,000 to be used for maintenance of streets in the 1968.Street Maintenance Program. 68-27-114-276 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (16) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting May, that the following resolution be passed. RESOLUTION WHEREAS, the City Council determined that the City would join with the County of Lubbock in improving Olive Avenue from East 50th Street to East 60th Street by raising, grading and filling and installing caliche base -and asphalt surface and culverts to provide access to the Yellowhouse Canyon Addition Area; and, WHEREAS, the City of Lubbock will furnish the pipe and install three transverse culverts across this section of Olive Avenue and the City of Lubbock will also furnish the caliche base -material at the City of Lubbock stockpile location Northwest of the intersection of East 50th Street and Loop 289,.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. That, this authority is conditioned on the County of Lubbock or its contractor furnishing the necessary labor, materials, and costs necessary to complete the work outlined above except for those items to be furnished by the City. Section 2. That, this authority is further conditioned on the County of Lubbock maintaining the improvements on Olive Avenue from East 50th Street to East 60th Street after the construction -thereof. On motion of Councilman Granberry, seconded by C was unanimously passed by the City Council this 28th ATTEST l LAVERIA LOWE, City Secr tart' APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 68-27-114-278 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. 5440 be passed on first reading. • AN APPROPRIATION ORDINANCE ORDINANCE NO. 5440 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 Bond Fund The sum $3,000.00 For the following purposes 1. $1,200.00 for constructing 3 culverts under Olive Avenue from East 50th Street to East 60th Street. 2. $1,800.00 for caliche furnished for improving Olive Avenue from East 50th Street to East 60th Street. The County is to use this caliche in paving this section of Olive Avenue. 68-27-114-279 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (18) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION in Li WHEREAS, the City Council of the City of Lubbock, Texas desires to construct sewage treat- ment works and propose to file an application through the Texas State Department of Health to the Federal Water Pollution Control Administration for federal grant under Public Law 660, of the I VAR 2 8 r.. r11 rl� r r 84th Congress, as amended. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AS FOLLOWS: 1. That the City of Lubbock, Texas, will provide proper and efficient operation and main- tenance of the project after its completion. 2. That the estimated cost for operation and maintenance -is approximately $200,019.00 per annum, said estimate being based on the following schedule: Labor - Man days per month 400• cost/yr. $ 113,184.00 Maintenance (Repair, replacement, painting, etc) cost/yr. 25 443.00 Operation (Power costs, supplies, etc.) cost/yr. L_61,392.00 3. That the City will employ qualified personnel in accordance with the recommendations or requirements of the State Department of Health to operate the sewage tIA&tment plant. PASSED AND APPROVED this 28th day of March, 1968. (SEAL) ATTEST: LAVENIA LOWE, City Secretitry W. D. 68-27-115-280 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (19) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, that Ordinance No. 5441 be passed _on.first reading. ORDINANCE NO. 5441 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF GENEVA AVENUE BETWEEN-61ST AND 62ND STREETS 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 SAID POR- TION OF GENEVA AVENUE AS AFORESAID. 68-27-115 -281 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (15) Councilmen Granberry, Kastman, Diekemper, and Medlock voting Yea, none voting Nay, to authorize purchase of the following alley paving certificates from J. T. Hodges, Inc., contractor for the 1968 Alley Paving Program at an estimated cost of $2,535.26. T. J. Hodges, Inc. Box 5222 Lubbock, Texas Gentlemen: March 28, 1968 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 28, 1968, Item 15, at a five (5) per cent discount. Unit From A-394-5 The E-W alley between 7th & 8th 102.5' E. of EPL of College Ave. J. T. Green; Lot 7, Block 130, Overton Addition Lucille Bessent; Lot 2, Block 130, Overton Add. Hattie Bell Lawson; Lot 6, Block 130, Overton Add. A. J. Boyd; Lot 8, Block 130, Overton Add. A-394-12 E.-W. alley between 14th & 15th 150' E. of EPL of University Ave. L. E. Weathers; Lot 21, Block 102, Overton Add. Lillie G. Jones; Lot 17, Block 102, Overton Add. A. J. Smith now W. C. Jenkins; Lot 1 & E. 18' of Lot 2, Block 102, Overton Addition Lela Jo Drake; W. 32' of Lot 2 and E. 26' of Lot 3, Block 102, Overton Addition A-394-31 E-W alley between 51st & 52nd EPL of Orlando George L. Downs; Lot 28, Southgate Add. James Ward; Lots 22 & 23, Southgate Add. R. James Foushee, Jr. now Henry McDougal; Lot 32, Southgate Add. Anthony Florence; Lot 29, Southgate Add. Dalton Haines NOW; Mike Weiss; Lot 27, Southgate Add. Leonard Brown; The West 77 feet of Lot 25, Southgate Add. Ray B. Joseph; Lot 24, Southgate Add. Lowell Snyder; Lot 19, Southgate Add. Gerald W. Elder; Lot 26 and the East 2 feet of Lot 25, Southgate Add. To 12' E. of WPL of Ave. X $ 100.00 $ 180.00 $ 100.00 $ 100.00 $ 480.00 12' E. of WPL of Ave. X $ 180.00 $ 180.00 $ 136.00 $ 116.00 $ 612.00 WPL of Memphis Ave. $ 157.00 $ 315.99 $ 157.00 $ 157.00 $ 157.00 $ 154.00 $ 158.00 $ 158.70 $ 162.00 11,576.69 .1 ? 2 8 1968 TOTAL $ 2,668.69 Less 5% Discount 133.43 $ 2,535.26 The City Council also requests that the construction of paving improvements on Sub -Unit A-394-26, the east -west alley between 25th Street and 26th Streets from Boston Avenue to Canton Avenue, be delayed 30 days to allow the property owner time to correct the building drain problem. If at the end of 30 days the property owner has corrected the drainage problem this unit will be removed from the program, otherwise this unit is to be paved at that time. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer 68-27-116-282 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (15a) Councilmen Granberry, Kastman, Diekempe.r, and Medlock voting Yea, none voting Nay, to authorize release from paving assessment rolls Lots 8 and 9, Block 78, Overton Addition; Mr. George W. Butler being owner. Assessment being in the amount of $200.00. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED F REGULAR MEETING, MARCH 28, 1968. I o-N T ATTEST: LAVENWL LOWE, City cretary-Treasurer READ AND APPROVED THIS THE 11TH DAY OF APRIL, 1968 � v � W. D. ROGERS, JR., r ATTEST: LAVEN 4 LOWE, City Secretary -Treasurer El El III