Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 5/23/1968It MAY 2 3 1968 May 23, 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 James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby and Morris W. Turner, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None 68-27-197-430 Invocation was given by Director of Traffic Wayne Sherrell. (1) 68-27-197-431 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (3) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5461 be passed on second and final reading., AN APPROPRIATION ORDINANCE ORDINANCE NO. 5461 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 $5,000.00 For the following purpose: Part of the engineering on the 1968 Special Paving Program Unit 2177 S. 34' of 22nd Place from Peoria to Oxford Unit 2188 Quaker Ave. from 19th St. to Brownfield Road Unit 2189 Peoria Ave. from 66th St. to Loop 289 Unit.2190 E. Lanes of University Ave. (Re-const.) from 21st St. to 34th St. 68-27-197-432 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (4) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordinance. No. 5462 be passed on second and final reading. V 68-27-197-433 (5 ) &M Ordinance No. 5462 amended by ., ORDINANCE NO. 5462 Ordinance No. 5519. AN ORDINANCE REPEALING CHAPTER 33A OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE WARM AIR HEATING CODE); PROVIDING FOR THE ADOPTION OF THE 1967 EDITION OF THE UNIFORM MECHANI CAL CODE, VOLUME II, AS COPYRIGHTED IN 1967 BY THE INTERNATIONAL CONFERENCECF BUILDING OFFICIALS OF PASADENA, CALIFORNIA AND INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS OF LOS ANGELES, CALIFORNIA, WITH CERTAIN AMENDMENTS THERETO; PROVIDING THAT THE TERM "BUILDING OFFICIAL" AS USED IN THE UNIFORM MECHANICAL CODE, 1967 EDITION AS ADOPTED SHALL MEAN THE BUILDING INSPECTOR OF THE CITY OF LUBBOCK OR HIS AUTHORIZED REPRESENTATIVE; PROVIDING THAT THE BUILDING INSPECTOR SHALL HAVE AUTHORITY OF DETERMINING WHETHER THE RULES AND STANDARDS OF THE CODE HAVE BEEN COMPLIED WITH; PROVIDING A SEVERABILITY CLAUSE; DIRECTING PUBLICATION OF THE DESCRIPTIVE CAPTION OF THIS ORDINANCE TOGETHER WITH THE PENALTY PROVISION OF THE UNIFORM MECHANICAL CODE, L967 EDITION AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5473 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5473 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; 11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Light The sum $110,000.00 For the following purpose: 1. Traffic Signal Controllers 2. Traffic Signal Detectors 3. Traffic Signal Installation 10 MAY 2 g 1968 68-27-198-434 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Council- (9) men Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. 68-27-198-435 (17) 68-27-198-436 (18) 1 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 as Assignment of Street License to Romney Hotels, 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 23rd day of May, 1968. ATTEST IPA//►/d LAVENIA LOWE, City Secrets -Treasurer APPROVED: /s/ Fred 0. Senter. Jr.__ FRED 0. SENTER, JR., City Attorney STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, the CITY OF LUBBOCK, a Home Rule Municipality, on the 8th day of March, 1962, granted a license for use of public way to JAMES C. ETTER, sole proprietor of the business known as EL TEJAS MOTEL, 1000 North Avenue Q, Lubbock, Texas, such license being recorded in Volume 885, Page 7 of the Deed Records of Lubbock County, Texas wherein a description of the property may be obtained. AND whereas, the licensee, JAMES C. ETTER and EL TEJAS MOTEL, INC., a corporation in which JAMES C ETTER owns all outstanding stock desire to transfer the rights, privileges and obligations under such license to ROMNEY HOTELS, INC., an Arizona Corporation; AND whereas, the consent of the -CITY OF LUBBOCK must be given before such transfer or assign- ment of such license may be -made. NOW THEREFORE, the CITY OF LUBBOCK does -hereby consent to and give its approval of the trans- fer and assignment of the above stated license to ROMNEY HOTELS, INC. whose acceptance of the benefits, privileges, and obligations under such license is to be noted below. It is understood and agreed between the CITY OF LUBBOCK and•the assignees herein that such consent shall apply only to this assignee and only upon the acceptance of and agreement to the terms and covenants stated within the original license and that such consent shall not waive, or cancel any privileges, or obligations in the original license. EXECUTED this 23rd day of May, 1968, A. D. ATTEST: LAVENIA LOWE, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS day of , 1968. LICENSEE: ROMNEY HOTELS, INC. BY Bids as follows were received for purchase of judo and wrestling mats for the Parks and Recreation Department, being Bid No. 284. 11 Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen .Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of T & T Sporting Goods for judo and wrestling mats. Bids as follows were received for concrete work at two Electric Substations, being Bid No. 293. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Buster Hogan for concrete work at two Electric substations. PIP MAY 2 3 1966. S. MM GNP vm. 0" 68-27-199-4a7 (19) 68-27-199-438 (20) 68-27-199-439 (21) 68-27-199-440 (22 ) Bids as follows were received for purchase of traffic controllers• and vehicle detectors, being Bid No. 292. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: -Accept-the bid of Automatic Signal Division, Fort Worth - for purchase of Items 1 - 3. Accept the bid of Signal Sales and Maintenance, Dallas - for alternate 42. Bids as follows were received for purchase of two fire trucks, being Bid No. 270. Bid Tabulation set in Bid Book'. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen -Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay,'to authorize acceptance of the bid of Daco Fire Equipment Company for purchase of two fire trucks. Bids as follows were received for purchase of fire apparatus and tools for the Fire Department, being Bid No. 269. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Art Simon Fire Equipment for purchase of Items 1 and 12. Accept the bid of Fire Appliance Company of Texas for purchase of Items 3, 4, and 10. Accept the bid of Bigham Gin Supply Companyfor purchase of Items 5, 6, 7, 9, and 13. Accept the bid of W. H. Lumpkin for purchase of Items 8 and 16. Accept the bid of Daco Fire Equipment Company for purchase of Items 11 and 14. Accept the bid of Dan E. Lake Appliance Company for purchase of Item 15.- Motion by Councilman Hollingsworth, seconded by Councilman Rigsby,.motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council has determined that every effort must be made to effectively use and conserve our existing water supplies, and WHEREAS, a preliminary study has been -made of the use of reclaimed water to serve the citiz in various ways, and WHEREAS, the City Council finds it desirable to continue such study and secure the benefits of such water use for the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the preliminary study made of the uses of reclaimed water is hereby ratified and approved, and further, the City Manager, acting through his staff, is hereby instructed and auth- orized to continue such study of the economic feasibility of such water use, and is further auth- orized to set up programs and procedures necessary to i Passed by the City Council this 23rd day of May, 1968. ATTEST: LAVENIA LOWE, City ecreta y-Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRLD 0'. SENTER, JR., City Attorney 68-27-199-441 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (12) and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to auth- orize the appointment of Bob Jordon to fill the unexpired term of Lonnie Hollingsworth as a member of the Planning and Zoning Commission; term to expire November 16, 1969.- This is a nine member board; other members being: Arnold Maeker, R. B. (Bob) Whipple, Sr., Charles B. Jones, Nolan Barrick, Tom R. Scarborough, Harold Blank, Mrs. John A. Anderson, and W. P. Clement. 68-27-199-442 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (13) and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to author- ize the appointment of Jimmy Graves to fill the unexpired term of Lowell Slocum as a member of the Urban Renewal Agency; term to expire November 26, 1969. This is a nine member board; other members being: Mrs. Melville Monte-, Weldon Gibbs, George C. Miller, Coffee Conner, Barbara Sommerville, Duncan Ellison, Rev. John Sweeney, and Rev. A. L. Davis. 68-27-199-443 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (14) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize the appointment of Evan Roberts to replace Atmar L. Atkinson and V. 0. Murray to replace H. A. 200 MAY 2 n 196s Padgett, Jr., as members of the Board of Examiners and Appeals. Mr. Roberts and Mr. Murray's terms for six years; terms to expire June 1, 1974. This is a six member board, other members being: W. Lee Heatly, William R. Anthony, Clendon Miller and Bob Rapier. 68-27-200-444 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (15) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of Mrs. Alex (Verna) Cooke to replace Mrs. Melvin Deardorff and Rev. Robert Wells to replace Ronald Yeager as members of the Child Welfare Board for three year terms; terms to expire June 1, 1971. This is a ten member board; other members being: Rev. Andrew A. Jumper, Dr. Paul J, Woods, David Hughes, Dr. Paul Johnson, Mrs..Jack R. Hall, Mrs. Roy B. Bass, Dr. Chester Goiightly and Tommy Davis. 68-27-200-445 Motion by Councilman Hollingsworth, seconded by.Councilman Rigsby, motion carried, Mayor Rogers (16) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author- ize the appointment of Councilman Granberry and,Councilman Turner to serve with two members of the school board to select a Board of Equalization to consider 1968 taxes. 68-27-200-446 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (6) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize Parkhill, Smith and Cooper -to -prepare plans and specifications for new Sewage Treatment Plant in Southeast Lubbock at an approximate cost of $2,500,000. 68-27-200-447 Mr. Sam Wahl ]Jay 20, 1968 (8) City of Lubbock Engineer City Hall Lubbock, Texas Dear Sam: We request water service out of the city limits, to our new TV transmitter site at 84th Street and Avenue L.- We need a minimum of two inch water delivery. We would appreciate rapid action on this matter at minimum cost,.as we have need of this service now. Thank you. Sincerely, /s/ Jim Riley Jim Riley TV Chief KSEL Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authors ize approval of the above request. Pro rata payment to be required only on the platted area. 68-27-200-448 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (7) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize acceptance and final payment in the amount of $2,758.35 to Cherry and Akin, Inc. for construction of park shelters at Sedberry, Ribble, and Chatman Parks, GWO 10626. The original estimate was in the amount of $25,306 and the final estimate being in the amount of $25,306. $150.00 to be retained until repair of vandalism in the three parks. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On.May 22, 1968,.I inspected the Park Shelters, GWO 10626, constructed by Cherry & Akin Construc- tion Company under contract dated February 22, 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 con- tractor. Very truly yours, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer Cherry & Akin Construction Co. P. 0. Box 5012 Lubbock, Texas 79408 Certificate of Acceptance Gentlemen: May 23, 1968 In accordance with Paragraph 49, Section II, of the Specifications for Park Shelters, GWO 10626, you are hereby notified of the acceptance of this project by the City Council of the City of Lubbock -on May.23, 1968. Final payment was authorized at the same meeting and will be forthcoming. Yours very truly, _,..._ MAY 2 4 r o r n AFFIDAVIT THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Jim Akin, known to me, and who being by me first duly sworn, deposes and says: That he has recently erected certain improvements on the following described property: Chatman Park, 27th & Ivory, Lubbock, Texas. Ribble Park, 62nd & Ave. U, Lubbock, Texas. Sedberry Park, East 10th & Guava, Lubbock, Texas and that he has paid all bills incurred in connection with such construction, both for labor and materials and nothing in connection with such construction remains unpaid. CHERRY & AKIN BY /s/ Jim Akin (Partner) SUBSCRIBED AND SWORN TO before me this 24th day of May, 1968. Isl _Daphne Stokes Notary Public in and for Lubbock,County, Texas 68-27-201-449 Motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried with Mayor (11) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the Mayor to execute a Special Warranty Deed to the Lubbock Industrial Foundation. SPECIAL WARRANTY DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the City of Lubbock, a Home Rule Municipal Corporation, acting herein by and through its Mayor, as heretofore duly authorized by the City Council of the City of Lubbock, County of Lubbock, State of Texas, for and in consideration of the sum of $2,261.70, being $600.00 per acre, to it cash in hand paid by Lubbock Industrial Foundation, a Texas Non -Profit Corporation, has granted, sold and conveyed and by these presents does grant, sell and convey unto the said Lubbock Indus- trial Foundation of the City of Lubbock, State of Texas, all that certain block, tract or parcel of land located in Lubbock County, Texas and being more particularly described as follows: A tract of land out of the Northwest one-fourth (NW/4) of Section No. 5, Block A in Lubbock County, Texas, consisting of approximately 3.9 acres of land, more or less, in approximately 3.9 acres of land, more or less, in approximately a triangular shape, the same being bounded on the North by Loop 289, on the West by Quirt Avenue, and on the South by a Right-of-way Line of the Panhandle and Santa Fe Railroad and more fully described by metes and bounds as follows: BEGINNING at a point which bears 2595.39 feet NO 19' 15" W, and 93.58 feet S 890 40' 45" E, from the Southwest corner of Section 5, Block A, Lubbock County, Texas; THENCE N640 37' E, along the Railroad Right of Way, a distance of 685.28 feet: to a point in the Southwesterly Right of Way line of Loop 289; THENCE N580 06' W, along the Southwesterly Right of Way line of Loop 289, a distance of 169. 50 feet; THENCE Northwesterly, along the Southerly Right of Way line of Loop 289, and with a curve to the left, said curve having a Radius of 5519.4 feet, a chord distance of 369.25 feet; THENCE Southwesterly, along the Southerly Right of Way line of Loop 289, and with a curve to the left, said curve having a Radius of 75.00 feet, a chord distance of 113.63 feet to a point in the easterly right of way line of North Quirt Avenue; THENCE Southerly, along the Easterly Right of Way line of North Quirt Avenue, and along a curve to the left, said curve having a Radius of 5669.65 feet, a chord distance of 434.30 feet to the place of beginning. Containing 3.8246 acres of land, more or less. SAVE AND EXCEPT a tract of land, a triangular tract of land, with a water well situated thereon located in the west part of the herein conveyed property, described as follows: BEGINNING at the Southwest corner of Lot 1 LUBBOCK INDUSTRIAL PARK ADDITION, said point being 2595.39 feet NO' 19' 15" W and 93.58 feet N890 40' 45" E of the Southwest corner of Section 5, Block A, Lubbock County, Texas; THENCE northerly along the east ROW line of North Quirt Ave. a distance of 120 feet; THENCE East approximately 30 feet to a point in the west ROW line of a 15' power line ease- ment; THENCE Southwesterly along the west ROW of said power line easement approximately 125 feet to a point in the north ROW line of the Railroad right-of-way; 202 THENCE S 640 37' W along said RR ROW approximately 10 feet to the place of beginning. Containing .0551 acres of land, more or less. and; Subject to easements, if any, for water, gas, and other underground utility lines, electric power lines and other overhead utility lines whether or not recorded in the Deed Records in Lubbock County, Texas or apparent on the ground and the other exceptions, reservations and conditions hereafter set forth. Grantor, City of Lubbock, reserves unto itself in fee simple all of the underground water, oil and other minerals in, under and that may be produced from said land. Grantor hereby reserves a perpetual avigation easement and right-of-way, which easement and right-of-way shall run with the land for the unobstructed, unrestricted, and numerically unlimited flight of aircraft ("Aircraft" being defined for the pirposes of this instrument as any contrivance now known or hereafter invented, used, or designed for navigation of, or flight in the air.) by whomsoever owned and operated in, through, and across the air space, at any altitude or height above the surface of the conveyed property, together with the right to cause in such air space such noise and vibration that may now or hereafter be caused by the operation within the air space area by all.aircraft landing at, or taking off from, or operating at or on the Lubbock Municipal Airport as presently located or as may be hereafter expanded; and Grantee, its successors and assigns does hereby fully waive, remise, and release any right or cause of action which it may now have or which it may have in the future against Grantor, its successors and assigns, due to noise, vibration, smoke or dust thatmay be caused by the operation within -said such easement or adjacent thereto of aircraft landing at, or taking off from, and/or operating at or on said Lubbock Munici- pal Airport. Grantor, City of Lubbock, reserves the right of ingress and egress to operate, maintain and/ or reconstruct any portion or all of its electric supply lines, which shall be limited to the areas where they are now located and/or shown on the recorded plat of such property. It is expressly understood and agreed that this conveyance is subject to the following express covenants, conditions and exceptions, and by acceptance of delivery of this conveyance Grantee agrees and obligates itself, its successors and assigns thereto as follows: 1. The maximum height for construction of improvements upon the land herein conveyed is limited to 50 feet above the ground level. 2. To refrain from any use of the conveyed land which will result in electronic interference with aircraft navigation or communication and further to refrain from maintenance of any external lighting or interference with flights to or from Lubbock Municipal Airport. 3. To refrain from any activity upon said land which would result in pollution of the under- ground water, which constitutes restraint and prohibition in the form of a restrictive covenant running with the land. TO HAVE AND TO HOLD the above described premises together with all and singular, the rights and appurtenances thereto in any wise belonging to the said Lubbock Industrial Foundation, its successors and assigns forever and the City of Lubbock does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, the said premises unto the said Lubbock Industrial Foundation, its successors and assigns forever against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under the City of Lubbock but not otherwise. WITNESS the hand of the City of Lubbock, on this the loth day of June, 1968. CITY OF LUBBOCK BY /sl W. D. R2&ers, Jr. W. D. ROGERS, JR., Mayor ATTEST: fs/_Lavenia_Lowe LAVENIA LOWE, City Secretary -Treasurer APPROVAL: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COIIA�CiL�DJOURNED FROM REGULAR MEETING, MAY 23, 1968. ���_ W. D. ROGERS, JR., ATTES LAVENIA LOWE, City(Secretary-Treasurer READ AND APPROVED THIS THE 13TH DAY OF JUNE, 1968.