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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/13/1968JUN 13 L �J L June 13, 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 Rigst 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 68-27-203-450 Invocation was given by City Engineer Samuel Wahl. (1) 68-27-203-451 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (2) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authoriz( approval of City Council Minutes - Special Called Meeting held May 15, 1968; Regular Meeting helc May 22, 1968; Regular Meeting held May 23, 1968. 68-27-203-452 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (10) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinac No. 5300 be passed on second and final reading. ORDINANCE NO. 5300 AN ORDINANCE ABANDONING AND CLOSING THE EAST 200.0 FEET OF THE ALLEY INBLOCK 98, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BO1 OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBO{ TO INDICATE THE CLOSING AND ABANDONMENT OF SAID EAST 200.0 FEET OF THE ALLEY AS AFORESAID. 68-27-203-453 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (10a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5457 be passed on second and final reading. ORDINANCE NO. 5457 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC' SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1535: CHANGE BLOCK 68, ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "M-1" TO AN "R-3 " ZONING DISTRICT, SUB JECT TO CONDITIONS. 68-27-203-454 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (11) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5473 be passed on second and final reading. 68-27-203-455 I (12) 68-27-203-456 (13) AN APPROPRIATION ORDINANCE ORDINANCE NO. 5473 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cert. specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Light The sum $110,OGO.00 For the following purpose: 1. Traffic Signal Controllers 2. Traffic Signal Detectors 3. Traffic Signal Installation Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5464 be passed on second and final reading. ORDINANCE NO. 5464 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1538: CHANGE LOT 13, BLOCK 2, RHYNE SIMPSON ADDITION #2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2 " TO A "C-l" ZONING DISTRICT. Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting May, that Ordi- nance No. 5465 be passed on second and final reading. ORDINANCE NO. 5465, AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1469-A: CHANGE A PART OF LOT 3, PADGETT- MARS SUN �, 3 i96a SUBDIVISION AN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C-2" ZONING DISTRICT. 68-27-204-457 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, that Ordi- nance No. 5466 be passed on second and final reading. ORDINANCE NO. 5466 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK $O AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1540: CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "M-1" ZONING DISTRICT. 68-27-204-458 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (15) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5467 be passed on second and final reading. ORDINANCE NO. 5467 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. 1542: CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO "AM" ZONING DISTRICT. 68-27-204-459 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (16) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5468 be passed on second and final reading. ORDINANCE NO. 5468 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. 1539: CHANGE THE NORTH 260' OF LOT 3, HENRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN N-l" ZONING DISTRICT: 68-27-204-460 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (17) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5469 be passed on second and final reading. ORDINANCE NO. 5469 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. 1544: CHANGE THE EAST 100' OF LOT 6, BLOCK 8, SOUTHPORT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3 " TO A "C-2" ZONING DISTRICT. 68-27-204-461 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (18) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5470 be passed on second and final reading. ORDINANCE NO. 5470 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. 1545: CHANGE LOTS 14 THRU 18, QUAIL RIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2" ZONING DISTRICT, SUBJECT TO CONDITION. 68-27-204-462 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (19) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5471 be passed on second and final reading. Ordinance No. 5471 amended by Ordinance No. 5510 ORDINANCE NO. 5471 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1531: CHANGE BLOCK 52 AND WEST 1/2 OF BLOCK 53, CORONADO ADDITION AND LOT 10, BLOCK 39, CORONADO ADDITION AND THE NORTH 1/2 OF WEST 1/2 OF BLOCK 72, WHEELOCK'S 2ND ADDITION, FROM "R-2" TO "R-3" ZONING DISTRICT; CHANGE LOT 13, BLOCK 42, CORONADO ADDITION FROM "R-2" TO "C-3" ZONING DISTRICT: CHANGE BLOCKS 1 AND 7, CORONADO ADDI- TION FROM "R-3" AND "C-4" TO "C-3" ZONING DISTRICT: CHANGE BLOCK 35, CORONADO ADDITION FROM "R-2" TO "M-l" ZONING DISTRICT; CHANGE LOTS 3 AND 4, BLOCK 52, WHEELOCK'S 2ND ADDITION AND LOTS 26 THRU 30, BLOCK 55, WHEELOCK'S 2ND ADDITION AND LOTS 3 AND 4, BLOCK 9, WHEELOCK'S 2ND ADDITION AND BLOCK 10, CORONADO ADDITION FROM "R-l" TO "R-2" ZONING DISTRICT; CHANGE LOTS 3 AND 4, BLOCK 38, WHEELOCK'S 2ND ADDITION AND LOTS 1 AND 2, BLOCK 39, WHEELOCK'S 2ND ADDITION AND LOTS 1 THRU 3, BLOCK 4, CORONADO ADDITION, FROM "C-3" TO "R-2" ZONING DISTRICT; CHANGE LOT 3, BLOCK 13, CORONADO ADDITION FROM "R-3" AND "C-4 " TO "R-1" ZONING DISTRICT; CHANGE LOTS 6 AND 7, BLOCK 20, CORONADO ADDITION FROM "C-3" AND "R-3 " TO "R-1" ZONING DISTRICT; CHANGE LOTS 9 THRU 13, LOTS 19 AND 20, BLOCK 21, WHEELOCK'S 2ND ADDITION, LOTS 7 THRU 13, BLOCK 23, WHEELOCK'S 2ND ADDITION, LOT 1, BLOCK 12, CORONADO ADDITION, BLOCK 27 AND 28, WHEELOCK'S 2ND ADDITION, LOTS 4 THRU 8, 18 AND 19, BLOCK 35, WHEELOCK'S 2ND ADDITION AND LOTS 1 THRU 6, BLOCK 36, WHEELOCK'S 2ND ADDITION AND LOTS I THRU 6, BLOCK 37, WHEELOCK'S 2ND ADDITION AND LOTS 3 AND 4, BLOCK 39, WHEELOCK'S 2ND ADDITION•AND BLOCKS 56 AND 57, SIEBER SUBDIVISION AND BLOCK 3 THRU 6 AND NORTH 1/2 OF 7, SIEBER SUBDIVISION AND BLOCKS' 27, 47 AND 48, CORONADO ADDITION AND SOUTH 1/2 BLOCK 9, SOUTH 1/2 BLOCK 10, SIEBER SUBDIVISION AND LOTS 4 AND 5, BLOCK 38, CORONADO ADDITION AND LOTS 11 AND 12, BLOCK 39, CORONADO ADDITION AND BLOCK 11 AND 12, SIEBER ADDITION AND LOTS 12 THRU 26, BLOCK 53, CORONADO ADDITION AND BLOCK 18, SIEBER ADDITION 2ND INSTALLMENT FROM "R-2" TO "R-1" ZONING DISTRICT; CHANGE LOTS 4 THRU 9, BLOCK 4, CORONADO ADDITION FROM "R-3" AND "C-3 " TO "R-2" ZONING DISTRICT; CHANGE LOTS 7 THRU 12 AND 14, BLOCK 2, WHEELOCK'S 2ND ADDITION AND LOTS 19 THRU 23, BLOCK 3, WHEELOCK'S 2ND ADDITION AND LOTS 9 THRU 13, BLOCK 5, WHEELOCK'S 2ND ADDITION AND LOTS 7 THRU 14, BLOCK 6, WHEELOCK'S 2ND ADDITION AND LOTS 7 THRU 12, BLOCK 7, WHEELOCK'S 2ND ADDITION AND LOTS 1 THRU 6, BLOCK 10, WHEELOCK'S 2ND ADDITION AND LOTS 1 THRU 3 AND 9 THRU 12, BLOCK 15, WHEELOCK'S 2ND ADDITION AND BLOCKS 8, 14, 21, 22 AND 6, CORONADO ADDITION AND LOTS 3 THRU 6 AND 8 AND 9, BLOCK 31, WHEELOCK'S 2ND ADDITION AND EAST 1/2 OF BLOCKS 36 AND 37, WHEELOCK'S 2ND ADDITION AND LOTS 9 THRU 12 AND 20 AND 21, BLOCK 35,`= 20 JUN 13 is. om WHEELOCK'S 2ND ADDITION AND BLOCKS 14, 19, 30, 33, 40, 41, 42, 45, AND 46, WHEELOCK'S 2ND ADDITION - AND LOTS 2 THRU 5, BLOCK 20, CORONADO ADDITION AND LOTS 1 AND 2, BLOCK 50, WHEELOCK'S 2ND ADDITION AND LOT 4, BLOCK 13, CORONADO ADDITION FROM "R-3" TO "R-l" ZONING DISTRICT; CHANGE LOTS 4 THRU 6, BLOCK 4, WHEELOCK'S 2ND ADDITION AND LOTS 14 THRU 16, BLOCK 5, WHEELOCK'S 2ND ADDITION AND BLOCKS 13, 20, AND 29, WHEELOCK'S 2ND ADDITION AND LOTS 1 THRU 3 AND 14 THRU 16, BLOCK 21, SCHARBAUER'S SUB AND LOTS 1 THRU 3, BLOCK 34, WHEELOCK'S 2ND AND LOTS 1 THRU 3, BLOCK 35, WHEELOCK'S 2ND ADDI- TION AND LOT 1 AND NORTH 45' OF 2, BLOCK 43, WHEELOCK'S 2ND ADDITION FROM "C-3 " TO "R-1" ZONING DISTRICT; CHANGE LOT 14, BLOCK 10, SIEBER ADDITION AND LOTS 2 AND 3, BLOCK 38, CORONADO ADDITION FROM "C-2" TO "R-1" ZONING DISTRICT; CHANGE LOTS 1 AND 2,-BLOCK 13,.CORONADO ADDITION FROM "C-4" TO "R-1" ZONING DISTRICT; CHANGE -WEST 1/2 OF BLOCKS 2, 3, 6, AND 7, WHEELOCK'S 2ND ADDITION AND LOTS 4 THRU 8, BLOCK 5, WHEELOCK'S 2ND ADDITION AND LOTS 1 THRU 3, BLOCK 4, CORONADO ADDITION FROM "R-3" TO "R-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-205-463 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (20) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5472 be passed on second and final reading. Ordinance No. 5472 amended by Ordinance No. 5511. ORDINANCE NO. 5472 68-27-205-464 (39) 68-27-205-465 (39a) 68-27-205-466 (40) 68-27-205-467 (40a) 68-27-205-468 (41) 68-27-205-469 (41a) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND -THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE -NO. 1531-A: CHANGE LOTS 1 AND 2, BLOCK 24, WHEELOCK'S 2ND ADDITION FROM "R-1" TO "R-2" ZONING DISTRICT; CHANGE LOTS 1 THRU 3, BLOCK 5, WHEE- LOCK'S 2ND ADDITION FROM "C-3" TO "R-2" ZONING DISTRICT; CHANGE LOTS 7 THRU 12, BLOCK 22, WHEE- LOCK'S 2ND ADDITION AND EAST 1/2 OF BLOCK 58, ORA-VISTA ADDITION FROM "R-2 " TO "R-1" ZONING DIS- TRICT; CHANGE LOTS 1 THRU 3 AND 14 THRU 16, BLOCK 12, SCHARBAUER'S SUB FROM "C-3" TO "R-1" ZONING DISTRICT; CHANGE SOUTH 30' OF LOT 1, BLOCK 20, CORONADO ADDITION FROM "R-3" TO "C-3" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bids -as follows were received for the purchase of 25,000 pounds of Hickory Broom Fibre, being Bid No. 242. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Far Eastern Commodities, New York, New York, for purchase of 25,000 pounds of Hickory Broom Fibre. Bids as follows were received for purchase of 10,000 pounds Gutter Broom Steel, being Bid No. 302. 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 Don A.Wren & Company, Los Angeles, California, for the purchase of 10,000 pounds Gutter Broom Steel. Bids as follows were received for purchase of Chlorine and Aluminum Sulphate for the period of 1 year, being Bid No. 285. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Counci man Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Stauffer Chemical Com- pany, Houston, Texas, and Chemical Industries Inc., Borger, Texas, for the purchase of Chlorine and Aluminum Sulphate for the period of 1 year. Bids as follows were received for the purchase of Chlorine and Aluminum Sulphate for the period of 1 year, being Bid No. 262. Bid Tabulation set in Bid Book. After consideration of all.bids received, motion was made by Councilman Rigsby, 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 State Chemical Company, Lubbock, Texas, for the purchase of Chlorine and Aluminum Sulphate for the period of 1 year. Bids as follows were received for purchase of Books and Book Bindings establishing percent dis- count for the period of 1 year, being Bid.No. 279. 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 Texas News Company, Dallas, Texas, for purchase of books and book bindings establishing percent discount for the period of 1 year. Bids as follows were received for purchase of Books and Book Bindings establishing percent dis- count for period of 1 year, being Bid No. 280. 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 New Method Book Bindery, Inc., Jacksonville, Illinois, for purchase of books and book binds establishing . •. - . - r-._ - _- t_a _c T ___ _- 206 JUN 13 1968 68-27-206-470 Bids as follows were received for purchase of Books and Book Bindings establishing percent dis- (41b) count for period of 1 year, being Bid No. 281. 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 Don R. Phillips, Inc. Spring Grove, Illinois, for purchase of books and book bindings establishing percent discount for a period of 1 year. 68-27-206-471 Bids as follows were received for purchase of Books and Book Bindings establishing percent dis- (410 count for a period of 1 year, being Bid No. 282. 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 Library Binding Corporation, Waco, .Texas, for purchase•of books and book bindings establishing percent discount for a period of 1 year. 68-27-206-472 Bids as follows were received for purchase of Tax Forms, City and School, being Bid No. 311. (42) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, 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 Moore Business Forms, Lubbock, Texas, for purchase of Tax Forms, City and School. 68-27-206-473 Bids as follows were received for purchase of miscellaneous water items for Warehouse Stock, being (43) Bid No. 323. 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 Western Industrial Supply Company, Lubbock, Texas, for purchase of miscellaneous water items for Warehouse Stock. 68-27-206-474 Bids as follows were received for purchase of elevated floor in Data Processing Center as computer (44) base, being Bid No. 307. 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 Besco Equipment and Systems for purchase of elevated floor in Data Processing Center as computer base. 68-27-206-475 Bids as follows were received for purchase of Chain Link Baseball Fence and moving existing back (45) stop at Estacado High School, being Bid No. 308. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, 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 F & L Fence Company, Lubbock, Texas, for purchase of chain link baseball fence and moving existing back stop at Esta- cado High School. 68-27-206-476 Bids as follows were received for 1968 Special Paving Program, being Bid No. 304. (46) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid -of Kerr Construction Company for 1968 Special Paving Program. 68-27-206-477 Bids as follows were received for purchase of 557 Data Processing Interpreter, being Bid No. 328. (47 ) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, 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 TWL Corpo- ration, Atlanta, Georgia, for purchase of 557 Data Processing Interpreter. 68-27-206-478 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (21) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 01 JUN 13 196E VFW for and on behalf of the City.of Lubbock a QUIT CLAIM DEED to the Frenchman's Creek Corporation, a Texas Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes -of the Council shall constitute and be a part of this Resolution as if -fully copied herein in detail. Passed by the Council this 13th day of June, 1968. ATTEST i LAVENIA LOWE, City Secre ry-Treasurer APPROVED: /s/ Fred 0; 5enter. Jr. FRED 0. SENTER, JR., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock and the State of Texas, for and in consideration of the sum of ONE AND N0/100($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by the Frenchman's Creek Corporation, a Texas Corpora- tion of the State of Texas, the receipt of xihich is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and FOREVER QUIT CLAIM unto the said Frenchman's Creek Corporation, its successors and assigns, all its rights, title and interest to those certain tracts or parcels of land lying in the County of Lubbock and the State of Texas, described as Tract I and Tract II as follows, to -wit: Wi W BEGINNING at the Southwest corner of Lot 4,-Block 98, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE East 200.0 feet to the Southeast corner of Lot 1 of said Block 98; THENCE South 20.0 feet to the Northeast corner of Lot 24 of said Block 98; THENCE West 200.0 feet to the Northwest corner of Lot 21 of said Block 98; THENCE North 20.0 feet to the POINT OF BEGINNING. TRACT II BEGINNING at the Southeast corner of Lot 20, Block 98, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 160.0 feet to the Southeast corner -of Lot S of said Block 98; THENCE West 30.0 feet to a point; THENCE South 160.0 feet to a point in the South line of said Lot 20 for the Southwest corner of this tract; THENCE East along the South boundary line of said Lot 20 a distance of 30.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Frenchman's Creek Corporation, a Texas Corporation, its successors and assigns forever, so that the said City of Lubbock, nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WNESS MHA Y ND at Lubbock, Texas, this 13th day of -- '"`� IT CIT BY: ATTEST : LAVENIA LOWE, City ecret ry-Treasurer APPROVED: /s/ Fred 0. Seater. Jr. FRED 0. SENTER, JR., City Attorney 68-27-207-479 The City Counoilheretofore had specified that the east 200 feet of the alley in Block 98, Over- (21a) ton Addition must be paved. Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize that Frenchman's Creek Corporation be relieved of the obliga- tion of paving the east 200 feet of the alley in Block 98, Overton Addition. 08 UN 13 1968 68-27-208-480 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (34) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author- ize ratification of the appointments to the Tax Board of Equalization for the year of 1968. The members of this board are A. T. Cocanougher, J. P. Elms, John Miller, Alex Cooke, Clyde Myres, H. G. Wallace, Max Caraway, Dewie Rothwell, C. F. Cooke, Jr., Buford Gregory, Aubrey Elliott, Herb Brasher, R. W. Goodacre, and Hulen J. Penney. 68-27-208-481 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (36) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize publication of Notice to Bidders for repairing of City -County Library located at 2001 19th Street. 68-27-208-482 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (36a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize supplement in the amount of $15,000 from 1968-69 City of Lubbock Budget library account to cover repair of City -County Library. 68-27-208-483 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (27) Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the following resolution be passed. Councilman Turner absent from the City Council Room at the time this action was taken. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and reso- lutions and entered into contract with T. J. Hodges, Inc. (G.W.O. 2934) for the making and con- struction of alley improvements on portions of numerous alleys in said City including among others the following: The east -west alley between 7th Street and 8th Street from its intersection with a line 12 feet west of the east property line of Avenue U to its intersection with a line 250 feet west of the west property line of Avenue T known and designated as Sub -Unit Number 4 of Unit Number A-394. The east -west alley between 7th Street and 8th Street from its intersection with a line 102.5 feet east of the east property line of University Avenue (College Avenue) to its intersection with a line 12 feet east of the west property line of Avenue X known and designated as Sub -Unit Number 5 of Unit Number A-394. The north -south alley between Avenue 0 and Avenue Q from its intersection with a line 14 feet north of the south property line of loth Street (west leg) to its intersection with a line 19.5 feet south of the north property line of Main Street (east leg) known and designated as Sub -Unit Number 8 of Unit Number A-394. The north -south alley between Avenue 0 and Avenue Q from its intersection with the south property line of Main Street to its intersection with the north property line of Broadway known and desig- nated as Sub -Unit Number 9 of Unit Number A-394. The east -west alley between 48th Street and 50th Street from its intersection with the east pro- perty line of Memphis Avenue to its intersection with the west property line of Knoxville Avenue known and designated as Sub -Unit Number 30 of Unit Number A-394. The east -west alley between 21st Street and 22nd Street from its intersection with the west pro- perty line of Knoxville Avenue to its intersection with a line 12 feet west of the east property line of Louisville Avenue known and designated as Sub -Unit Number 32 of Unit Number A-394. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract (GWO 2934). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys be and the same are here- by accepted, and the City Engineer be and he is hereby authorized to direct -payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and -against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after ' PASSED AND APPROVED THIS 13TH DAY OF JUNE 1968. W. D. ROGERS, JR., ATTEST: r IAVENIA LOWE, City Secretar 90 JUN 13 1$68 APPROVED: Isl Samuel W. Wahl SAMUEL W. WAHL, City Engineer T APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney ^ Honorable Mayor and City Council June 13, 1968 Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by T. J. Hodges, Inc., paving contractor, under their contract.dated November 9, 1967, designated as G.W.O. 2934 and -find the improvements on the east -west alley between 7th Street and 8th Street from Avenue U to 250' west of Avenue T and from Avenue X to 102.5' east of University Avenue, the north -south alley west of Avenue 0 from lotMUMAXeRVInfig' t et to Broada the east -we all betwe 4$ h Street -a 0 h Stre t from Kno ille Ave E. a Ififfiar�8s h Sap ie weNsfingtHIS.9$9n a �rC thNSmA8x=1e4X8. t in accordance with the plans and specifications and recommend that you accept the improvements on said alleys, authorizing'payment to the contractor the amount shown on the attached consolidates final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, Isl Samuel W. Wahl Samuel W. Wahl City Engineer CONSO_L_IDATED FINAL ESTIMATE GWO 2934 Accepted„ June 13, 1968 QUANTITIES S.Y. Unit & L.F. Alley Sub -Unit Location C & G Paving A-394-4 The E-W alley between 7th Street and 8th Street 40.50 405.00 from 12' W. of the EFL of Ave. U to 250' W. of the WPL of Ave. T A-394-5 The E-W alley between 7th St. and 8th St. from 38.40 568.89 102.5' E. of College Ave. to 12' E. of the WPL of Ave. X A-394-8 The N-S alley between Ave. 0 and Ave. Q from 42.50 280.01 14' N. of the SPL of loth St. (W. Leg) to 19.5' S. of the NPL of Main St. (E. Leg) A-394-9 The N-S alley between Ave. 0 and Ave. Q from 351.86 the SPL of Main St. to the NPL of Broadway A-394-30 The E-W alley between 48th & 50th Streets from 15.00 1,432.00 the EPL of Memphis Ave. to the WPL of Knoxville Ave. A-394-32 The E-W alley between 21st & 22nd Street from 38.00 576.78 12' W. of .the EPL of Louisville Ave. to the WPL of Knoxville Ave. TOTALS 174.40 COST ESTIMATE 174.40 L.F. Curb & Gutter @ $1.85 $ 322.64 3,614.54 S.Y. Alley Paving @ $6.42 _23,205.35 CONTRACT COST $23,527.99 COST DISTRIBUTION Property City Unit & Contract Owner - to Sub -Unit Cost Cost Contractor A-394-4 2,675.03 1,680.00 995.03 A-394-5 3,723.31 2,943.99 779.32 A-394-8 1,876.29 1,682.96 193.33 A-394-9 2,258.94 1,799.96 458.98 A-394-30 9,221.19 4,543.12 4,678.07 A-394-32 3 773.23 22796.74 976.49 TOTALS . 23, 527 ..99 15,446.77 8,081.22 3,614.54 68-27-209-484 (6) Mr. Charles Waters, attorney representing wholesale and retail meat markets in the City of Lubbock, appeared before the City Council and presented a petition containing 65 names requesting that all food processing establishments in the City be authorized to use sawdust or woodshavings on their floors. Mr. Albert Owens, Fred Arthur, and Paul Hershman appeared before the City Council in support of this request. Dr. D. M. Cowgill, Director of the City -County Health Department and Walter Breedlove, Sanitarian, appeared before the City Council for discussion and to answer City 0 3N 13 1966 requested the City Council to amend the present meat processing ordinance to allow use of sawdust on meat market floors. Motion was made by Councilman Hollingsworth, seconded by Councilman Gran- berry to allow the use of sawdust on meat market floors immediately. Enforcement of the ordinance to be held in abeyance for a period of two weeks. The City Council requested the City -County Health Department to make tests on floors without sawdust and on floors on which sawdust had been placed. Mr. Waters requested that he and his clients be allowed to participate in the test to be made by the City County Health Department. This information to be brought to the City Council. This motion carried by the following vote: Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, Councilman Turner voting Nay. Councilman Turner stated to the City Council that he felt the ordinance should be amended to allow sawdust on floors -of meat markets. The results of the tests made by the City -County Health Department to be returned to the City Council for consideration on June 28, 1968, at which time the City Council expects to make final determina- tion as to whether or not to allow meat market floors to be covered by sawdust. 68-27-210-485 Mr. Jim Ed Waller, chairman of the Auditorium -Coliseum Board, appeared before the City Council and (7) made recommendations as to employment of an architect for acoustical improvements and redecorating of the auditorium. Also appearing in this regard were Carl Gandy, Manager of the Auditorium - Coliseum, Mr. Bob Nash, and other members of this Board. Motion 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 this work to be done at the auditorium. Mr. Waller and his Board were requested to recommend three architectural firms to the City Council from which one firm would be selected. 68-27-210-486 Mr. Ralph Ramos, chairman of the Posey Neighborhood Youth Council and other members of this (8) committee appeared before the City Council. Mr. Ramos outlined the work being done in the Posey Neighborhood. Rebecca Martinez, Johnny Mendoza, Raymond Mendoza, Juanita Gil, and Nettie Ramos presented recommendations to the City Council as to a community center for the Posey neighborhood. Skin tests were given to the City Council by Rebecca Martinez. A film was shown of work being done in the Posey neighborhood. The request of this committee was for an employment service bureau and neighborhood center building to be furnished by the City. After consideration of all information presented, the request was taken under advisement. The Mayor stated to the committee that attention to this request would be given in the very near future. 68-27-210-487 Mr. Tom Richards and George Staples appeared before the City Council requesting passage of a reso- (9) lution requesting civic groups and others to visit a session of the Corporation Court. After con- sideration of this request, 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, that the following resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock desires to encourage good relations between law enforcement personnel, the -courts, and the public; and WHEREAS, the City Council desires to encourage citizens to familiarize themselves with traffic laws so that the same may be more closely observed; -and WHEREAS, the Junior Bar of Lubbock has requested that the Council adopt the "Visitor Not Violator" program of traffic court visitation for arousing citizen interest in traffic laws; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT all City departments are hereby requested to cooperate in promulgating a program of encouraging civic groups, their representatives, and individuals to visit a session of the Corporation Court. Section 2. THAT July be -and is hereby designated asVISIT YOUR Passed by the City Council this 13th day of June, 1968. ATTELr6////,W Amu LAVENIA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred 0. Sen_ter, Jr. FRED 0. SENTER, JR.., City Attorney 68-27-210-488 Mr. W. D. Rogers, Jr. (a) Mayor, City of Lubbock Lubbock, Texas Dear Mayor Rogers: W. D. June 6, 1968 COURT MONTH IN LUBBOCK. On or about May 3, 1968, an option contract was signed by and between the undersigned and the City of Lubbock concerning a tract of land containing approximately sixty-five acres. We are hereby submitting the following proposal to the City of Lubbock which will supplement the option contract mentioned above: "If the City of Lubbock exercises such option to purchase such land on or before sixty days from June 15, 1968, then the total purchase price of such tract of land will be reduced by the sum of $10,000.00." We respectfully request that this matter be placed on the agenda in order that such offer 21 JUN 13 i9& WW am can be presented to the -City Council by the undersigned. Isl John McLarty- John McLarty /sf John DePauw John Depauw Isl Marvin McLartX, Jr. Marvin McLarty, Jr. In regard to the request set out in the above lettet, John-McLarty appeared before the City Council. Motion was made by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to acknowledge receipt of the above letter in regard to the proposal for purchase of a 65 acre tract of land from John MclArty, Marvin McLarty, Jr., and Paul Depauw. Option purchase of this land having been authorized by the City Council on the Ilth day of April, 1968. 68-27-211-489 The City Council considered traffic plan with signalization for 34th Street and Slide Road pre- (22) seated by Wayne Sherrell, Director of Traffic. Mr. Sherrell's plan for traffic included a "no left turn" off Slide Road when traveling sou$sat 34th Street. After consideration of the pro- posed plan, the City Council requested Mr. Sherrell to continue study of this intersection in an effort to control the traffic and to allow left turns onto Slice Road. The Mayor requested two or three alternate proposals be presented for control of traffic at this intersection. 68-27-211-490 Consideration was given by the City Council to a construction plan for 34th Street from Avenue H (23) to Avenue Q. No action was taken by the City Council, it being unanimously agreed that letters be mailed to the residents along this street to explain to them the new proposed traffic plan and invite these to come to the City Engineer's office for additional information if they desire. The City Council will again consider authorization of this traffic improvement plan at a later date. 68-27-211-491 The City Council considered construction plan for Main Street at Avenue P whereby the south curb (24) line would be extended to make Main Street 67.35 feet between Avenues 0 and P and 65 feet between Avenues N and 0. Motion was then made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize construction for the widening of Main Street at this location. The approximate cost of this widening is $5,800.00. Authorization is also given for parking on the north side of Main Street at this location to be prohibited. 68-27-211-492 Motion was made by Councilman Rigsby, seconded -by Councilman Turner, motion carried, Mayor Rogers (24a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to pass Ordinance No. 5476 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5476 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 $5,800.00 For the following purpose: To construct paving improvements on the south side of Main Street from Avenue N to Avenue 0 to widen the paving in this section of Main .Street to 65' 68-27-211-493 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (28) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5474 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5474 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 $7,200.00 For the following purpose: Install recirculation piping and metering equipment at the Southeast Water Reclamation Plant. 68-27-211-494 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (32) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author- ize acquisition of additional footage for right-of-way 'widening of the intersections at 82nd Street and Avenue H. Avenue H at this location is being improved by the Texas Highway Department, the widening by the City is to be on 82nd Street on the east and west sides of Avenue H. �� IUN 13 1969 68-27-212-495 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (33) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the Street Lighting Project at an approximate cost of $94,000 for the following streets: 1. Quaker Avenue from 4th Street to 19th Street (one side only) 2. Quirt Avenue from Parkway Drive to 19th Street 3. Quaker Avenue from 50th Street to Loop 289 4. 16th Street from Avenue A to Avenue Q 5. Quaker Avenue from 19th Street to Brownfield Highway 6. Avenue A from 34th Street to 46th Street 68-27-212-496 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (33a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5475 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5475 WHEREAS, the City Commission 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 COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Lighting Bond Fund The sum $94,000 For the following purpose: Thoroughfare Street Lighting for the Following Streets: Quaker Ave. - 4th St. to 19th St. (one side) $ 10,500 Quirt Ave. - Parkway Dr. to 19th St. 21,000 Quaker Ave. - 50th St. to Loop 289 21,000 16th St. - Ave. A to Ave. Q 21,000 Quaker Ave. - 19th St. to Brownfield Hwy. 5,500 Ave. A - 34th St. to 46th St. 15,000 TOTAL $ 94,000 68-27-212-497 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (47a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize supplement to Account #10-2013-513 of the 1967-68 Budget in the amount of $6,600.00 for the pur- chase of Data Processing Interpreter being Bid No. 328, for use in the Data Processina Denartmant_ Mr. Doyld McLeod appeared before the City Council requesting that the curb be laid down and 68-27-212-498 parking continue to be allowed on the west side of his property located at 19th Street and (51)_ University Avenue. After due discussion, 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, that "laid down curb" could not be permitted along Univer- sity and in addition to the two driveways, the alley opening in the back of the property could be 68-27-212-499 VJdegedtto 30` %%% under the City driveway ordinance. June 5, 1968 (38) City Manager P. 0. Box 2000 Lubbock, Texas 79408 Dear Bill: This is in regard to our telephone conversation concerning the possibility of the City of Lubbock purchasing a major portion of the 1968 allocation of water to the City of Pampa from the Canadian River Municipal Water Authority. The City of Pampa has been allocated 700 million gallons of water from the Canadian River Munici- pal Authority for this year. We have a firm need for forty-one million gallons of this allotment. There is the -possibility that an additional fifty million gallons might be necessary for Pampa's use. It would be our proposal that the City of Lubbock purchase the remaining allocation of 659 million gallons at the operation and maintenance cost of 3.26 cents per thousand gallons in a lump sum payment by July 1, 1968. It would further be requested that a contingency allocation of fifty million gallons be made available for resale back to the City of Pampa at the same rate of cost to the City of Lubbock at any time prior to September 1, 1968. Should there be any additional charge by the Canadian River Municipal Authority for the use of this water, it is proposed that the City of Lubbock would bear this expense. Should your Mayor and Council approve this proposal, it would be my intention to propose this contract of sale to the Mayor and City Commission of Pampa at their regularly scheduled meeting on Tuesday, June 25, 1968.-Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Isl Charles Charles V. Hill City -Manager Motion 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 proposal as set out in the above letter to purchase water at the approximate cost to the City of 3.261; per 1000 gallons of water, from the City of Pampa. c, Jun 13 1968 68-27-213-500 Mr. James G. Marshall of 2217 24th Street appeared before the City Council and stated he has a (34a) group of people who wish to purchase the approximate 700 acre tract of land now owned by the City and being a part of Sections 5 and 41, Block A, Lubbock County, Texas, and being considered for sale to Lubbock Industrial Foundation. Mr. Marshall stated that his group would pay $545.00 per acre for this tract of land. Notion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers, and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to reject Mr. Marshall's verbal offer to purchase this tract of land, since he hat not presented a written proposal and refuses to give the City Council the names of the proposed purchasers. 68-27-213-501 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (35) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the Mayor to enter into agreement with the Lubbock Industrial Foundation. THE STATE OF TEXAS X LEASE AND SALES OPTION CONTRACT COUNTY OF LUBBOCK X THIS CONTRACT is made and entered into by and between the City of Lubbock, a Municipal Cor- poration, acting herein pursuant to an appropriate resolution of the City. Council of the City of Lubbock, Texas, hereinafter called "Owner', and Lubbock Industrial Foundation, a Texas non-profit corporation, with its principal place of business at Lubbock, Texas,,hereinafter called "Lessee"; WITNESSETH• Owner leases and lets to Lessee, who hereby -accepts, for a term of fifty (50) years beginning July 1, 1968, and subject to the terms and conditions hereinafter set out, the following lands situated in Lubbock County, Texas,.to-wit: Tract -One: All of that portion of Section 41, Block A, Lubbock County, Texas, which portion lies North of the Panhandle and Santa Fe Railroad right-of-way, save and except a 4 acre tract out of the Southwest corner thereof (418 feet E-W by 421 feet N-S), said 4 acre tract being more fully described in a conveyance to V. A. Johnston dated November 16, 1965, and recorded in Vol. 1062, Page 151, of the Deed Records of Lubbock County, Texas, said Tract One being all of the land owned by the City of Lubbock in Section 41. Tract Two: All of that portion of Section 5, Block A, Lubbock County, Texas, which portion lies North of the Panhandle and Santa Fe Railroad right-of-way and East of a tract of land heretofore conveyed by the City of Lubbock to Litton Industries, said tract heretofore conveyed to Litton Industries being more fully described in an instrument dated March 24, 1964, and recorded in Vol. 991, Page 103, of the Deed Records of Lubbock County, Texas. Tract Three: All of that portion of Section 5, Block A, Lubbock County, Texas, which portion lies South of the Panhandle and Santa Fe Railroad right-of-way and north of Loop 289 right- of-way and East of a tract of land heretofore conveyed by the City of Lubbock to the State of Texas, said tract heretofore conveyed to the State of Texas being more fully described in an instrument dated July 27, 1961, and recorded in Vol. 856, Page 31, of the Deed Records of Lubbock County, Texas. Said Tracts Two and Three being all of the land owned by the City of Lubbock in Section 5. SAVE AND EXCEPT all minerals and underground water. I. For and in consideration of this lease and the rights herein granted to the Lessee, the Lessee agrees to pay the Owner, at Lubbock, Texas, a yearly rent in an amount equal to whichever is larger of the following calculations: (1) The sum of $1,000.00; or (2) An amount equal to all the agricultural income received by Lessee in the lease year ending as of the due date for each succeeding installment. II. I The consideration and rental to be paid hereunder shall be due and payable in annual install- dents, the first such installment due and payable on the 1st day of July, 1969, and the like installment on or before the 1st day of July of each succeeding year thereafter. In the event that the purchase option herein granted is exercised in whole or in part, then the annual yearly rent here provided shall be reduced as of the date of the exercise of such option in an amount which bears the same percentage to the total yearly rent originally provided herein as the number of acres of land upon which the option to purchase is exercised bears to the total number of acres originally covered by this lease. Should there at any time be any default in the payment of the rent here provided for, and should said default contine for a period of sixty'(60) days after written notice thereof is given to the Lessee, then it shall be lawful for the Owner to declare this contract cancelled and termi- nated as to the land for which the purchase option has not then been exercised, and to re-enter ' said premises and remove all persons therefrom without prejudice to any legal remedies which may be used for the collection of rent. It is expressly understood and agreed that this termination provision shall have no effect on any land, or •the title thereto, upon which the option to pur- chase has been exercised prior to the effective date of termination. IV. At the expiration of this lease, the Lessee agrees to release all of its rights in so much of j the property as is covered by this lease which at that time -has not been purchased by the Lessee M!14 JUN 13 �968 V. Lessee may sub -let the premises or any part thereof for agricultural purposes without per- mission from Owner. VI. The Lessee may plat, subdivide, develop, and improve said property or any part thereof for industrial purposes and related business uses, and may subject all.or any part of the property to valid liens. ViI. This lease and option to buy is subject to the right of ingress and egress of the City of Lubbock to operate, maintain, and/or reconstruct any portion or all of its water supply facilities (including but not limited to electric supply lines) in and upon that portion of said land identified in Paragraph X (E) (1). The City expressly having reserved the rights herein above mentioned relative to ingress and egress in the operation, maintenance, and reconstruction of its. water supply facilities, Lessee agrees that during the period of this lease, it expressly releases, disclaims, and shall have no claims of any kind by virtue of -such non -negligent appropriate acts of the City during the period of the lease upon those portions of said land that are subjected herein to such rights of ingress and egress. Any such rights of ingress and egress reserved by the City shall be and are hereby expressly limited to those rights of ingress and egress as they are more fully described herein below in Paragraph X (E) (1). VIII. The premises are leased and let for agricultural purposes, and whatever U.S. Agriculture Department allotments accruing to this land are assigned to the land and shall be available to the Lessee, provided, however, that in the event the Lessee exercises its option to purchase any or all of said land and such land ceases to be used for agricultural purposes, the City shall be entitled to retain such allotments for assignment to any part of its land which may be subject to agricultural uses. It is expressly understood and agreed that any U. S. Agriculture Department payments which are made for any purpose or reason pertaining to land herein leased and are received by the City shall be credited upon the rent herein provided. IX. In the event the Lubbock Industrial Foundation, or its assigns or successors, should be dissolved and terminated as a community oriented non-profit entity dedicated to the goal of promoting industry for the benefit of the City of Lubbock, then any and all portions of the said land which previously have not been purchased under this agreement shall revert automatically to the City. X. It is expressly understood and hereby stipulated that this lease agreement with the option to purchase as hereinafter set forth is and has been entered into for the primary purpose of inducing the location of manufacturing, industrial, and business establishments. Further, such undertaking is part of the consideration for this agreement; and further, in consideration of the obligation here undertaken by the Lessee and the sum of One Hundred Dollars ($100.00) to Owner in hand paid by the Lessee, the receipt and sufficiency of which is hereby acknowledged and confessed, the Owner agrees, binds, and obligates itself, its successors and assigns, to give said Lessee, and does hereby give said Lessee, the option to purchase the herein described property or any part thereof. This option to purchase by Lessee, is exercisable by the giving to the Owner notice in writing addressed to the Mayor of the City of Lubbock of the exercise of the option to pur- chase hereunder. Lessee is given the right to -exercise its option in part upon one or more occasions at the election of Lessee and upon the exercise of such option, this contract shall become binding upon both parties, as a contract of sale, upon the following terms and conditions: (A) Owner agrees to sell and convey and the Lessee agrees to buy, upon the terms and condi- tions herein stated, the lands hereinabove described or that part or portion set out in the .notice of exercise of the option, but excepting therefrom the present water wells and well sites which shall be in tracts of forty feet by forty feet (40' x 40'), when such well sites are located adjacent to a public right-of-way or easement, but when such well sites are located at the end of a line and are not adjacent to.a public right-of-way or easement, then such tracts shall be sixty feet by sixty feet (60' x 60'). The dimensions provided for in this Paragraph (A) shall run East-West and North -South unless otherwise mutually agreed to in writing by the parties hereto. (B) The consideration of'the sale is Four Hundred Ninety -Five Dollars ($495.00) per acre, to be paid by the Lessee to the Owner in cash or such consideration to be paid upon such other terms as the parties hereto may mutually agree. The consideration for the sale of the entire tract may be calculated from the Owner's survey now existing or from a survey herein- 4 after to be made. The Lessee is privileged, at its expense, to cause a survey to be made of the premises, showing the exact acreage covered by the contract herein. (C) Upon exercise of the option by Lessee, Owner binds itself to convey by Special Warranty Deed, such land as may be described in the writing notifying Owner of exercise of Lessee's option. (D) Upon any tract of land which is purchased by Lessee, pursuant to the purchase option granted herein, and which is subsequently sold or leased by Lessee, Lessee shall provide in the contract of sale or lease with and in any deed to any subsequent lessor and/or purchaser for the construction of a building or facility thereon within a reasonable time, such time 211 JUN 13 1969 .r. Ph- and the adequacy of the building or facility to be determined by the Lessee (Lubbock Industrial Foundation). If such building or facility is not substantially constructed within the allotted time, then the title to the tract of land in question may be recovered by the Lessee. Such restric Lion shall also provide that should any subsequent lessee and/or purchaser acquire land hereunder, any portion of which is thereafter offered for sale by the lessee/purchaser, such offer shall con- stitute a declaration that such land is in excess of the lessee/purchaser's needs; thereupon, such lessee/purchaser shall reconvey that portion of land determined to be excess to the Lessee at the same price such lessee/purchaser paid the Lessee initially. This restriction upon sale by Lessee shall be to the end of avoiding speculation on resale by any subsequent lessee/purchaser. (E) The conveyance shall be subject to the following expressed reservations to be made and set forth in the conveyance: (1) The City shall reserve the right of ingress and egress to operate, maintain, and/or reconstruct any portion or all of its water supply facilities, including, but not limited to the electric supply lines along the easements located as herein provided. Said easements shall be perpetual and shall be 60 feet in width, being 30 feet on each side of the center of the presently existing underground water pipe lines running to and from the existing water wells on said property. Provided that in the future platting of the land hereunder contract, to the extent that is practicable to do so, public streets and alleys shall be land outso as to be situated in an area common to the easements provided in this paragraph; but, the Lessee, and those holding under Lessee, shall be the sole judge as to the practicability of doing so. In no event shall there be more than one 60 foot wide_ easement to any one water well site. Within ninety (90) days from the date of the final execution of this agreement, Owner shall furnish to Lessee a plat showing the location upon the ground of all of the easements provided in this paragraph, and thereafter no easement shall exist in favor of Owner unless the same is shown on said plat. (2) Owner shall reserve unto itself in fee simple all of the underground water, oil, gas, and other minerals in and under and that may be produced from said land. Oil, gas, and mineral operations, including but not limited to exploration for, production, transportation, storage, and marketing thereof, shall be conducted in such a manner and at such locations so as to avoid unreasonable interference with the operation and/or development of the use of said property for industrial purposes. (3) The Owner anticipates that there may be a necessity to use a part or parcels of the land included in this agreement for public municipal -purposes and Owner shall within sixty (60) days -after the submission of a plat by Lessee, submit to Lessee proposed locations and dimensions for such parcels, after which Owner and Lessee shall agree in writing as to such locations and dimensions. In the form of a restricted covenant running with the land, Lessee shall require any future industrial purchaser to refrain from any activity upon said land which would result in pol.ution of the underground water. (4) In addition to the other easements hereinabove described, Owner reserves an avigation easement at a height hereinafter specified, over all the land and shall include, but not be limited to, the waiver of any and all damages caused by noise, vibration, dust, smoke, fumes, or other damages arising out of orby.virtue of the flight within the air easement of aircraft landing and taking off from the Lubbock Municipal Airport as presently existing or as may be hereafter expanded, by whomsoever owned and operated in, through and across the air easement above the lands herein conveyed, and/or horizontally adjacent to said air easement. It is anticipated that future facilities of the Lubbock Municipal Airport, including certain run- ways, must be located adjacent to the land described herein. Therefore, maximum height for construction of improvements upon such land is limited to fifty (50) feet above the ground level until such time as the Federal Aviation Agency shall establish regulations and/or standards for such land or a portion thereof. Upon the establishment of such regulations and/or standards they will control the height for construction of improvements, but restric- tions shall not extend closer to the ground than fifty feet (50'). The purchaser shall refrain from any use of this land which would result in electronic interference with aircraft navigation or communications and from and maintenance of external lighting which might inter- fere with flights to or from the Lubbock Municipal Airport. (5) Upon any tract -of land which is purchased by Lessee, pursuant to the purchase option granted herein, and which is subsequently sold or leased by Lessee, Lessee shall provide in the.contract of sale or lease with and in any deed to any subsequent lessor and/or purchaser for the construction of a building or facility thereon within a reasonable time, such time and the adequacy of the building or facility to be determined by the Lessee (Lubbock Indust- rial Foundation). If such building or facility is not substantially constructed within the allotted time then the title thereto for the tract of land in question may be recovered by the Lessee. Such restriction shall -.also provide that should any subsequent lessee and/or purchaser acquire land hereunder, any portion of which is thereafter offered for sale by the purchaser, such offer shall constitute a declaration that such land is excess for the pur- chaser's use; thereupon such lessee/purchaser shall reconvey that portion of land determined to be excess to the Lessee at the same price that such lessee/purchaser paid the Lessee initially. This restriction upon sale by Lessee shall be to the end of avoiding speculation on resale by any subsequent lessee/purchaser. (6) Lessee and any future lessee/purchaser shall be required to abide by all regulations as are contained in the CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, and with respect to the utility services furnished by the City of Lubbock, said services used in this area shall be limited to City of Lubbock facilities, and utilities duly franchised by the City of Lubbock to operate within the City of Lubbock. This restriction shall apply from the incep- tion of this agreement even though the limits of the City of Lubbock do not as yet include the property herein described. (F) Upon the execution of this agreement the Owner agrees to deliver or cause to be delivered to the Lessee an abstract of title covering the above -described premises, showing marketable title in the City of Lubbock, subject only to the easements, reservations, and mineral interests herein described,, or at its option Owner may provide a title insurance policy on the above -described premises. The Lessee shall have fifteen (15) days after receipt of such abstract within which to 216 JN 131968. examine same and present objections, if any, in writing. The Owner agrees to cure valid objections and to deliver the premises by Special Warranty Deed as hereinabove provided. In the event the City does not cure suoh objections as may be made by Lessee, the Lessee reserves the right to waive such objections and accept title by notifying Owner by written acceptance of such title addressed to the Mayor of the City of Lubbock, who, upon receipt of such notice of acceptance of title, shall cause to be executed on its behalf such Special Warranty Deed as herein provided and upon payment of the agreed consideration cause same to be delivered. IN TESTIMONY WHEREOF, these presents have been executed by the duly authorized officers of each part on this the 13th day of June, 1968. ATTE LAVENIA LOWE, City Sec tary-Treasurer ATTEST: THE CITY UB , A C 0 TI By: s W. D. ROGERS, JR., r O W N E R LUBBOCK INDUSTRIAL FOUNDATION By: Secretary Its President 68-27-216-502 Councilman Morris Turner made the following statement and motion to the City Council: (50) "During the past election campaign, one of the most oft mentioned subjects was that of an apparent lack of communication between the citizens of Lubbock and City Hall. Toomany times citizen requests are.misplaced, overlooked, or ignored, and in the interest of closing the gap between the citizens of Lubbock and City Hall, I believe the City Council should alleviate this situation. Therefore, I make the following motion: The City Council, in a desire to better serve the citizens of Lubbock, does hereby authorize and direct the City Manager to create the position of "Citizens Assistance Director", such posi- tion to be created solely for the purpose of receiving requests of information complaints and statements of interest. The director of this newly created position shall keep a log of all calls made to him, entering the name and address of the caller, shall enter the statement of the caller, and when completed, the action taken to alleviate the situation. The City Manager shall direct the personnel in charge of this office to supply all councilmen, Mayor, and other interested people a weekly copy of all entries into the log." This motion was seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Gran- berry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay. Authorization being also hereby given -for employment of a Secretary for this office and the purchase of the needed office furniture and equipment. The employment of the -Citizens Assistance Director and the office Secretary as well as the furniture and equipment to create this new City Department to be included in the 1968-1969 City Btidget. 68-27-216-503 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (37) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance and final payment in the amount of $1,378.40 to Cherry and Akin, Inc. for construction of an addition'to the Municipal Warehouse for radio shop facilities. The original estimate was in the amount of $13,784.00 and the final cost is in the amount of $13,784.00. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On May 30, 1968, I inspected the City Warehouse Addition - G.W.O. 2951, constructed by Cherry & Akin Construction Company under contract dated March 14, 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, Isl Samuel W. Wahl Samuel W. Wahl City Engineer CERTIFICATE OF ACCEPTANCE Cherry & Akin, Contractors P. 0. Box 5012 Lubbock, Texas Gentlemen: In accordance with Paragraph 49, Section II, of the Specifications for City Warehouse Addition, G.W.O. 2951, you are hereby notified of the acceptance of this project by the City Council of the City of Lubbock on June 13, 1968. Final payment was authorized at the same meeting and will be forthcoming. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl c . + JUN 13 196 STATE OF TEXAS X June 13, 1968 COUNTY OF LUBBOCK I Before me, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day appeared personally 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: City Warehouse 302 Municipal Dr. 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. '~ /s/ Jim Akin i SUBSCRIBED AND SWORN TO before me this 13th day of June, 1968. /s/ Daphne Stokes Notary Public in and for Lubbock W� County, Texas 68-27-217-504 Motion was made by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor (37a) Rogers, and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize payment in the amount of $150.00 to Cherry & Akin, Inc., for repairs to park shelters at Sedberry Park, Ribble Park,.and Chatman Park, GWO 10626. This amount was withheld from final payment until the vandalism damages were repaired. 68-27-217-505 (25) 68-27-217-506 (26) 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 pass Ordinance No. 5477 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5477 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 $110,231.36 For the following purpose:l. Quaker Avenue from 19th St. to Brownfield Road $ 91,981.50 2. 22nd Place from Oxford Ave. to Peoria Ave. 7,890.06 3. Peoria Ave. from 66th St. to Loop 289 20,382.45 4. E/2 University Ave. from 21st St. to 34th St. 45,475.00 $165,729.01 5% Engr. 8,2286.45 Total cost including engineering $174,015.46 Less previous appropriations-56,997.00 Less property owner cost on Peoria Ave. - 6,787.10 Total of this appropriation $110,231.36 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 pass Ordinance No. 5478 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5478 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: For engineering on Indiana Avenue widening from 19th Street to 34th Street 68-27-217-507 Motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor (31) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the purchase of Lot 215, Southgate Addition from Jack Kastman. This lot is being purchased in order to widen Memphis Avenue at 55th Street. 68-27-217-508 Motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor (31a) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to pass Ordinance No. 5479 on first reading. 18 1 13 1960 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5479 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 10 There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $4,130.00 For the following purpose: Purchase of Lot 215, Southgate Addition to the City of Lubbock, Lubbock County, Texas, from Jack Kastman. Lot is located at 55th Street and Memphis Avenue. Owner will receive the amount $4,103.65 with $26.35 reserved for payment of prorated 1968 taxes. Credit to purchase of land account - 76-6064-551. r-� 68-27-218-509 Motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor (30) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner 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 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 ' Passed by the City Council this 13th day of June, 1968. ATTEST: f ity Secret y-Treasurer LAV N LOWIEff C APPROVED: Ls/ Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE. OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 13th day of June, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "CITY" and M. P. Wood, hereinafter called "GRANTEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, his successors and assigns, the right, privileges and license to con- struct, occupy and maintain a wooden fence across, along and within the parkway and that portion of LaSalle Avenue adjacent to Lots 1, 2, and 3, Redwood Addition to the City of Lubbock, Lubbock County, Texas, and across, along and within the public alley within such described property according to the plat attached hereto and made a part hereof. 1. It is understood and agreed that in the event the City determines the above portions of streets and alleys should be reopened, the Grantee shall remove the fence at his cost. 2. Grantee shall provide a gate atthe alley entrance on La Salle Avenue to be used by utility companies for installation and maintenance. Grantee shall further erect signs, warnings or reflec- tors at the blocked street and alley entrances as may be required by the City and Grantee shall assume all liability and responsibility in connection therewith. 3. 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. 4. 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 execu- tion of this instrument and a like sum payable on January 1st of each succeeding year for the dura- tion of this license. 5. Payment of the annual fee provided above shall be made by Grantee to City on January 1st of each year of 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 thirty (3.0) 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. 6. 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 Grantee shall not commence construction until such plans and specifications are approved by the City Engineer and a I! 2- 1 JUN 13 196 Sh-, required. 7. 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 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. 8. In the event the City determines that the existence of such use interferes with or causes the rerouting or realigning 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 rerouting over and above the expense which would have been incurred except for Grantee's use herein. 9. This license is made subject -to the condition that should the Grantee, his 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 Grantee, his successors or assigns, will at all times, defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employ- ees harmless from airy 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 Grantee 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 fur- nish, 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 egreement 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. 10. At such time as this license should be cancelled or revoked for any reason, 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 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 liable. 11. 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 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. 12. Grantee by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights 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 herein upon termination or cancellation of this license. .0-�_ ATTES RAW LAVENIA LOWE, City Secr tary-Treasurer AGREED TO AND ACCEPTED this day of , 1968. M. P. WOOD, Licensee 68-27-219-510 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor (48) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize drilling of one additional water well in Section 79, Block A, Bailey County. Author! nation was also given for removal of the existing well drilling permit now held by John L. and J. E. Birdwell to Section 79, Block A, Bailey County. This water well is to be drilled within 300 feet of the East -line of Section 79, Block A, Bailey County. In exchange for the additional water well to be drilled, J. L. and J. E. Birdwell will deed to the City of Lubbock one hundred eighty-four (184) acres of water rights owned by them in Section 80, Block A, Bailey County, Texas. 68-27-219-511 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers (49) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay to auth- orize supplement to Account No. 5047-Golf Department in the amount of $4,900.00 from unappropriate funds of the 1967-1968 City of Lubbock Budget. This supplement is for the purpose of connecting a water line into the 36" water line in order to better maintain the golf course at Meadowbrook. 220 UN 13 1.96$ 68-27-220-512 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers (29) and Councilman Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the Right -of -Way Department to acquire the following parcels of ROW on Indiana Avenue, GWO 10519. This land is being acquired for the widening -of Indiana Avenue from 19th Street to 34th Street. Parcel 8, R. E. Gee, Lot 1, Block 2, Squyres Addition, 3401 22nd Street $ 3,000.00 Parcel 14, H. E. Hooten, E/2 Tract H, Block 1, Tract-4, Stanton's Sub- division, 2310 Indiana Avenue 8,250.00 Parcel 15, B. E. Gregory, E. Part of Tract I, Block 1, Tract 4, Stanton's Subdivision 2312 Indiana Avenue 11,000.00 Parcel 25, Reda Mae Gary; Lot 20, Block 1,•Woodlawn Addition, 3402 27th Street 12,000.00 Parcel 36, Fred Nixon, Lot 1, Block 2, D. C. Ross Addition, 3401 32nd Street 15,000.00 Parcel 38, Lloyd Beall,'Lot 1, Block 1, Johnny and Jack Addition, 3401 33rd Street 13,000.00 68-27-220-513 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers (29a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5480 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5480 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 bondfund, to -wit: Street Improvement Fund The -sun $63,750.00 For the following purpose: Acquisition of the following -parcels of right of way on Indiana Avenue. GWO 10519 Parcel 8, R. E. Gee, Lot 1, Block 2, Squyres Addition, 3401 22nd Street $ 3,000.00 Parcel 14, H. E. Hooten, E/2 Tract H, Block 1, Tract 4, Stanton's Subdivision 2310 Indiana Avenue 8,250.00 Parcel 15, B. E. Gregory, E. Part of Tract I, Block 1, Tract 4, Stanton's Subdivision,2312 Indiana Avenue 11,000.00 Parcel 25, Reda Mae -Gary, Lot 20, Block 1, Woodlawn Addition, 3402 27th Street 12,000.00 Parcel 36, Fred Nixon, Lot 1; Block 2, D. C. Ross Addition, 3401 32nd Street 15,000.00 Parcel 38, Lloyd Beall, Lot 1, Block 1, Johnny and Jack Addition, 3401 33rd Street 13,000.00 Appraisal and closing expenses on these and the remaining parcels 12500.00 TOTAL $ 63,750.00 68-27-220-514 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers (29b) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, it is hereby determined by the City Council that the property hereinafter described is necessary for street right-of-way purposes; and, - WHEREAS, the property hereinafter described has been appraised at $18,750.00; and the Council finds such sum to be fair and equitable; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Right -of -Way department is hereby authorized to offer the sum of $18,750.00 to Mrs. Joe Flack Sullivan and husband, Earl C. Sullivan of Lubbock County, Texas, and to the First Federal Savings and Loan Association of Lubbock for the fee simple title to a tract of land out of Block 2, Tyler Square Addition to the City of Lubbock, Lubbock County, Texas and being more particularly described as follows: All of Lot 1, Block 2, Tyler Square Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2.. The City Attorney is authorized and empowered to bring condemnation proceedings to obtain the fee simple title to the aforesaid land for street right-of-way purposes if this offer is not accepted within ten (10) days of receipt of such offer by stlandowner. Passed and adopted by unanimous vote of the City Council this W. D. ATTES T* &09 LAVENIA LOWE, City Secr ary-Treasurer L� APPROVED: /s/ Fred 0. Senter. Jr. _ FRED 0. SENTER, JR., City Attorney JUN I 68-27-221-515 Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Roger. (29c) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner, voting Yea, none voting Nay, that tl following Resolution be passed. RESOLUTION WHEREAS, it is hereby determined by the City Council that the property hereinafter describe is necessary for street right-of-way purposes; and, WHEREAS, the property hereinafter described has been appraised at $12,200; and the Council finds such sum to be fair and equitable; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Right -of -Way Department is hereby authorized to offer the sum of $12,200 t M. M. Fisher of Andrews County,'Texas for *the fee simple title to a tract of land out of Block l Westlawn Add-ition to the City of Lubbock, Lubbock County, -Texas and being more particularly described as follows: The East 60 feet of Lots 1 and 16, Block 1, Westlawn Addition to the City of Lubbock, Lubbock, Texas. SECTION 2. The City Attorney is authorized and empowered to bring condemnation proceeding to obtain the fee simple title to the aforesaid land for street right-of-way purposes if this offer is not accepted within ten (10) days of receipt of such ofp by such landownr. Passed and adopted by unanimous vote of the City ATTE i LA IA LOWE, ty Se etary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney i W. D. ROGERS, NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, MEETING, JUNE 13, 1968. �--� ATTES . IA IA LOWE, Cit ecretary-Treasurer READ AND APPROVED THIS THE 27TH DAY OF JUNE, 191 ATTES r lc LAVENIA LOWE, City' -secretary --Treasurer L W. D. tkdayNof June, 1jr6f. . 0 CITY COUNCIL ADJOURNED FROM REGULAR