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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/27/1968JUN 2 7 1968 June 27, 1968 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10-:00 01clock 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 Manger W-, R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None 68-27-228-527 Invocation was given by Mayor Pro Tem James H. Granberry. (1) 68"27-228-528 Pledge of Allegiance to the Flag was given in unison by those in the Council Chamber. (2) 68-27-228-529 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (3) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to autho- rize approval of City Council Minutes - Regular Meeting held June 13, 1968. 68-27-228-530 Councilman Turner introduced a resolution expressing the policy of the City Council regarding (6a) collection of delinquent taxes on automobiles. The resolution was read in full by Councilman Turner. After -consideration and discussion, 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, that the following resolution be passed. RESOLUTION EXPRESSING POLICY OF CITY COUNCIL REGARDING „COLLECTION OF DELINQUENT TAXES ON AUTOMOBILES WHEREAS, .the City Council is obligated to uphold all ordinances and Charter provisions of the City of Lubbock and the law of Texas which have been enacted under the authority of the Constitu- tion of the'State of Texas and that the enforcement thereof be in an equal and uniform manner, and WHEREAS, the City Council is in accord with the principle .laid down by Theodore Roosevelt when he stated that "No man is above the law and no man is below it; nor do we ask any maans per- mission when we require him to obey it", and WHEREAS, it has'been determined that under the laws and ordinances of the City of Lubbock and. the Constitution of .the State of Texas taxes must be assessed and levied on all property parti- cularly personal property, including automobiles in an equal and uniform manner, and WHEREAS, it -has been brought .to the attention of the City Council that taxes assessed and levied on automobiles have been paid by only aportion of the citizens of the City of Lubbock on a voluntary basis, and WHEREAS, the Council is of the opinion -that all citizens subject to such taxes should pay same add that the tax laws should be fully and uniformly enforced as to all people, NOW THEREFORE: BE IT RESOLVED BY -THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT as a statement of policy this Council of the City of Lubbock be and hereby expresses itself to be that all the ordinances, statutes and provisions of -the Constitution of the State of Texas in regard to the collection of personal property taxes assessed against automobiles within the City of Lubbock should be enforced t,,QQ e�s full extent of the law available to Cities for the collection of taxes, and that, the Tax/Cdr o� ector of the City of Lubbock be and is hereby directed to use all lawful means available to effect the collection of such taxes including but not limited to the summary seizure and sale of automobiles upon which taxes are levied and become delinquent and only after thirty (30).days written notice has been given the re ed owner by registered or certified mail ter with a return receipt requested. n Passed by the City Council this 27th day of June, 1968. 1 sty i ATTES LAV LA LOWS, City Sec tary-Treasurer W. D. ROGERS, JR., APPROVED: FRED 0. SENTER, JR., City Attorney 68-27-228-531 Councilman Hollingsworth introduced a resolution requesting the Texas Legislature to take the (6b) necessary legislative action which will eliminate the necessity of assessing and levying a tax on personal automobiles. The resolution was read in full by Councilman Hollingsworth. After consider- ation and discussion, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. 2 JUN 2 7 19 F F r RESOLUTION' WHEREAS, under the present law of the State of Texas, taxes must be assessed and levied on automobiles as a catagory of personal property, and WHEREAS, because of the transitory nature of this catagory of personal property it is extrem ly.difficult-and expensive to collect taxes levied on such property, and WHEREAS, it is apparent that the ad valorem taxes assessed and levied on automobiles is extremely inequitable and unfair to those good citizens of the City of Lubbock who voluntarily pay their taxes as assessdd against their property, and WHEREAS, the City Council believes that such inequity should not exist to the hurt of a grea number of the citizens of the City of Lubbock as well as those of the' State of Texas, and WHEREAS, this inequity can be eliminated by changing the laws of the State of Texas which is a matter of prerogative of the Legislature of Texas, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK., THAT the City Council of the City of Lubbock, because of its concern for the citizens of the City of Lubbock, as a.matter of record place this matter before the Legislature of the State of Texas, and Be it further resolved; that the respective members of the Legislature representing the citi zens of Lubbock be and are hereby requested to take the necessary legislative action which will eliminate the necessity of assessing and levying a tax on the personal automobiles of the citizen of the State of Texas by making such catagory of personal property exempt from ad valorem taxes, and Be it further resolved, that certified copies of this Resolution be mailed by the City Secretary to the members of the House of Representatives and the Senator from the City of Lubbock and the Executive Director of the Texas Municipal Leagu Passed by the .City Council this 27th day of June, 1968. ATTEST: i LAV LOWE, Cit Secre ry-Treasurer /s/ Fred 0. Senter, Jr. FRED. 0. SENTER, JR., City Attorney ^ 68-27-229-532 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, that Ordinanc No. 5474 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5474 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai 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. 68-27-229-533 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (8) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5475 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5475 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai 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 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 — - . _ - L Rnnm►r QnA AAA 't N 2 7 1968 68-27-230-534 (9) 68-27-230-535 (10) 68-27-230-536 (11) 68-27-230-537 (12) Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordinance No. 5476 be passed on second and final 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' Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5477 be passed on second and final 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 Fund The sum $110,231.36 For the following purpose: 1. 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. 8,286.45 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 by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5478 be passed on second and final 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 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that Ordi- nance No. 5479 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5479 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; - NOW THEREFORE, BE IT -ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I 0 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 2tt, JON 2 7 1988 F F1 I,] 68-27-231-538 I (13) 68-27-231-539 (4) Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinan No. 5480 be passed on second and final reading.. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5480 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai 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 Funds The sum $63,750.00 For the following purpose: Acquisition of the following parcels of right of way on Indiana Avenu 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 1,500.00 Total $ 63,750.00 Mrs. Betty Anderson of the League of Women Voters appeared before the City Council and presented a booklet on county services. The City Council expressed appreciation to Mrs. Anderson and the League of Women Voters for this booklet. The City Council to take this booklet under advisement. 68-27-231-540 Mr. Ken Abraham appeared before the City Council and made request for street use license at 1313 (5) 1321 University Avenue. After consideration of all information presented, 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, that the following resolution -be passed. RESOLUTION BE TT 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 fo 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 in detail.('%#., A Passed by the City Council this 27th day of June., 1968. ATTEST: t LAVENA LOWE, City Secret -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X vv t W. D. ROGERS, JR., • This indenture made this 27th day of June, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "CITY" and Tom. H. Abraham and Ken Abraham, hereinafter called "GRANTEES". WITNESSETH: Subject -to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantees, their successors and assigns, the right, privileges and license to construct and maintain a canopy, with supporting columns, over the sidewalk areaadjacent to the South 102.5 feet of Lot 13, Block 101, Overton Addition to the City of Lubbock, Lubbock County, Texas. The sidewalk area covered by this license is 6 feet 8 inches in width and covers the side walk area on both the University Avenue and 14th Street sides of the above property. 1. 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. 2. Grantees shall pay to the City as a compensation for such grant the sum of FIVE AND NO/1 ($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 I of each succeeding year for the dura- 12 N 2 71968 3. Payment of the annual fee provided above shall be made by Grantees to City on January 1 of each year of this license is in effect. Notice of such fee being due 'shall be sent to Grantees by the City and upon failure of -Grantees to pay such fee within thirty (30) days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by Grantees. 4. Prior to any construction as authorized by this license, the Grantees shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer and a permit secured from the City Engineer along with a bond as described in Paragraph 7 herein if required. 5. .The Grantees agree to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction as authorized by this license. Grantees shall keep the street, alley and/or sidewalk under such 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. 6. 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, Grantees agree 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 Grantees' use herein. 7. This license is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any and all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times, defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harm- less from any and all claims, demands,. actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option,.may require an agreement with any contractors hired by Grantees to perform the con- struction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing outof the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, quaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 8. 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 Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantees fail or refuse 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 Grantees for which Grantees shall be liable. 9. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives,assigns, and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by'the Grantees, their suc- cessors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 10. Grantees by the acceptance of the uses permitted herein, understand and agree that no interest, title orrights of possession are intended or implied except those expressly set forth herein and Grantees waive any and all claims in and to the public way they are permitted to use hereby and agree to give peaceful possession of said property covered herein upon termination or cancellation of this license. I CITY BY. ; W. D. ROGERS, JR., fNyo ATTES APPROVED: OOV LAVENIA LOWE, City Secre ary-Treasurer /61 Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 5 AGREED TO AND ACCEPTED THIS DAY OF 1968. KEN ABRAHAM TOM H. ABRAHAM 68-27-232-541 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (15) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5488 be passed on first reading. JUN 2 7 1c r, di ORDINANCE NO. 5488 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST TWENTY-SECOND STREET AS MORE PARTICLU LY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF THE PORTION OF SAID STREET. 68-27-233-542 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (16) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Park Addition, Lots 576-635, 717, 718 and 764-795, made arrangements with Pioneer Pavers, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Park Addition including the following streets: West 1/2 of Memphis Avenue from its intersection with the center line of 66th Street to its inter section with a line 20 feet South of the North Property Line of Loop 289 South, known and designa as New Subdivision Unit Number 1740. The South 1/2' of 66th Street from its intersection with a line 16 feet West of the West Property Line of Memphis Avenue to its intersection with the West Line of Lot 638, Melonie Park Addition known and designated as New Subdivision Unit Number 1741. 64th Drive from its intersection with a line 13 feet South of the South Property Line of 66th Street to its intersection with a line 15 feet North of the North Property Line of 68th Drive, known and designated as New Subdivision Unit Number 1742. Nashville Avenue and 67th Street from its' intersection with a line 15 feet North of the North Property Line of 68th Drive to its intersection with a line 16 feet West of the West Property Lin of Memphis Avenue, known and designated as New Subdivision Unit Number 1743. 68th Street from its intersection with a line 16 feet West of the West Property Line of Memphis Avenue to its intersection with a line 15 feet East of the East Property Line of Nashville Avenue known and designated as New Subdivision Unit Number 1744. 69th Street from its intersection with a line 16 feet•West of the West Property Line of Memphis Avenue to its intersection with a line 15 feet North of the North Property Line of 68th Drive, known and designated as New Subdivision Unit Number 1745. 68th Drive from its intersection with a line 24.64 feet West of the West Property Line of the all West of 64th Drive (North Leg) to its intersection with a line 16 feet West of the West Property Line of Memphis Avenue, known and designated as New -Subdivision Unit Number 1746. Nashville Avenue from its intersection with a line 20 feet South of the North Property Line of Loop 289 South to its intersection with a line-15 feet South of the South Property Line of 68th Drive, known and designated as New Subdivision Unit Number 1747. Miami Avenue from its intersection with a line 10.49 feet South of the South Property Line of 7Ot Street to its intersection with a line 20 feet South of the North Property Line of Loop 289 South known and designated as New Subdivision Unit Number 1748. Loop 289 South (Alley Returns North Side Only) from Memphis Avenue to the alley West of Nashville Avenue, known and designated as New Subdivision Unit'Number 1749. AND WHEREAS, the construction of the above improvements on the abovementioned streets was pe formed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force PASSED AND APPROVED THIS 27TH DAY OF JUNE, 1968. ATTEST• I d IAVENIA LOWE,' City Secret ry.;Treasurer from and after its skage ♦ 0 W.. D. ROGERS, JR: , M APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer '034 i 2 7 1968 Honorable Mayor and City Council Lubbock, Texas Gentlemen: June 27, 1968 I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contrac-li tor, under their contract with the subdividers of Melonie Park Addition, Lots 576-635, 717, 718 and 764-795, and find the improvements on the West 1/2 of Memphis Avenue, the South 1/2 of 66th Street 67th Street, 64th Drive, Nashville Avenue, 68th-Street, 69th Street, 68th Drive, Miami Avenue and Loop 289 as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE MELONIE_PARK ADDITION LOTS 576-635,-7171 718-, 764-795 Acce-pled ,tune- 27, 1968 �I QUANTITIES S.Y. S.Y. S.Y. S.Y. Gal. Unit Paving . L.F. Alley Valley Re-sur- Extra Sub -Unit Location 6" Base C & G Return Gutter facing Asphalt NS 1740 W.1/2 of Memphis Avenue Developer 3442.44 1668.20 61.11 from the center line of City 292.77 66th St. to 20' S. of the NPL of Loop 289 South NS 1741 S.1/2 of 66th St. Developer 1714.46 ' 883.37 from 16' W. of the WPL City of Memphis Ave. to the West line of Lot 638 Melonie Paris Add. NS 1742 64th Drive from 13' Developer 3267.98 1677.50 26.67 S. of the SPL of 66th City St: to 15'.N. of the NPL of 68th Drive NS-1743 Nashville Ave. and 67th St. from 15' N. of the NPL of 68th Drive to 16' W. of the WPL of Memphis Ave. NS 1744 -68th St. from 16' W. of the WPL of Memphis Ave. to 15' E. of the EPL of Nashville Ave. - NS 1745 69th St. from 16' W. of the WPL of Memphis Ave. to 15' N. of the NPL of 68th Drive, NS 1746 68th Drive from 24.64' W.-of the WPL of the alley W. of 64th Drive (N.Leg) to'16' W. of the WPL of Memphis Ave. NS 1747 Nashville Ave. from 20' S. of the NPL of Loop 289 South to 15' S. of the SPL of 68th Drive NS 1748 Miami Ave. from 10.49' S. of the SPL of 70th St. to 20' S. of the NPL of Loop 289 South NS 1749 Loop 289 South (alley returns only from alley W. of Memphis to alley W. of Nashville Developer 3759.64 2033.75 City Developer 1374.54 783.84 14.22 City Developer 1427.06. 802.71 City Developer 5410.71. 2550.05 93.84 City Developer 2155.36 1263.20 44.37 City Developer 1,651.63 937.77 City Developer 9.33 117.0 41.53 City 21.81 457.67 420.0 49.49 176.0 327.0 376.0 137.0 143.0 541.0 211.0 165.0 1.0 11 11 Ll Sub -Totals TOTAL Developer 24,213.15 12,717.39 281.74 21.81 11 City _ 292.77 507.16 2,497.0 24,505.92 12,717.39 281.74 21.81 507.16 2,497.0 �� t, JUN 2 7 1; I R F COST ESTIMATE 24,505.92 S. Y. Paving 6" Base @ $1.50 $ 36.758.89 12,717.39. L. F. Curb & Gutter @ $1.60 20,347.83 281.74 S. Y. Alley Return @ $5.50 1,549.57 21.81 S. Y. Valley Gutter @ $6.00 130.86 507.16 S. Y. Resurface @ $1.20 608.59 2,497.0 Gal. Extra Ashpalt @ $0.20 499.40 CONTRACT COST $ 59,895.14 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor NS 1740 $ 9,241.25 8,315.28 925.97 NS 1741 4,079.67 •3,085.08 94.59 NS 1742 7,798.06 7,732.66 65.40 NS 1743 8,968.65 8,893.45 75.20 NS 1744 3,421.56 3,394.16 27.40 NS 1745 3,453.53 3,424.93 28.60 NS 1746 12,820.46 12,712.26 108.20 NS 1747 5,540.40 5,498.20 42.20 NS-1748 4,141.74 4,108.74 33.00 NS 1749 429.82 429.62 0.20 TOTAL $59,895.14 58,494.38 1,400.76 68-27-235-543 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (16a) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Park Addition, Lots 564 -567, made arrangements with Pioneer Pavers, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Park Addition including the following street: The East 1/2 of Memphis Avenue from its intersection with the North line of Lot 567, Melonie Park Addition to its intersection with the North Property Line of Loop 289, South, known and designate as New Subdivision Unit Number 1750. AND WHEREAS, the construction of the above improvements on the abovementioned street was pex formed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications anc in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are here by accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from j PASSED AND APPROVED THIS 27TH DAY OF JUNE, 1968. ATTEST . 6�� A0_ LA IA LOWE, Cit Secr ary APPROVED: /s/ Samuel W. Wahl SAMUEL W. WAHL, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Honorable Mayor and City Council Lubbock, Texas June 27, 1968 Gentlemen: I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving con- tractor, under their contract with the subdividers of Melonie Park Addition, Lots 564-567 and find the improvements on the East 1/2 of Memphis Avenue as listed on the final estimate sheet to ' have been completed in accordance with the plans and specifications and recommend that you accept 136 IN 2 7 1968 the improvements on said avenue, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, /s/.Samuel W. Wahl Samuel.W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE MELONIE PARK ADDITION LOTS 564 - 567 Accepted June 27, 1968 QUANTITIES S. Y. Gal. Unit & Paving I.F. Extra Sub -Unit Location 6" Base C & G Asphalt NS 1750 The E. 1/2 of Memphis Ave. from the N. Line of Lot 567 Melonie Park to the N.P.L. of Loop 289 South Developer- 516.17 293.50 City 52.0 Total 516.17 293.50 52.0 COST ESTIMATE 516.17 S. Y. Paving 6 " Base at $1.50 29MO- L. F. Curb & Gutter at $1..60 52.0 Gal. Extra -Asphalt at $0.20 CONTRACT COST $ 774.25 469.60 10.40 $1,254.25 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost. Cost NOW NS 1750 $ 1254.25 $ 1243.85 $ 10.40 68-27-236-544 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (17). Councilmen Granberry, Hollingsworth, Rigsby, and -Turner voting Yea, none voting Nay, that Ordinance No. 5489 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5489 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 The sum $11,602.00 For the following purpose: To reconstruct the intersection of Memphis Avenue and 55th Street to align Memphis Avenue. 68-27-236-545 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (18) and Councilmen Granberry, Hollingsworth, Rigsby and. Turner voting Yea, none voting Nay, that Ordinance No. 5490 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5490 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 The sum $92,000.00 . For the following purpose: To pay the City's part of the cost of paving the East part of Slide Road from 50th Street to Loop 289 South and to include Zenith Avenue from East 3rd Street to East 8th Street and for the City's cost on other 42' and 52' wide streets on the 1968 Assessment Paving Program. 68-27-236-546 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (19) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, that the following resolution be passed. JUN 2 7 196 r F RESOLUTION BE IT'KNOWN that on this the 27th day of June, 1968, at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and THE ATCHISON, TOPEKA AND SANTA FE RAIL- WAY COMPANY, relating to -an Electric Line License at or near said City of Lubbock, Texas, where- upon the following proceedings were had: It -was moved, seconded and unanimously voted that W. D. Rogers, Jr., Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. STATE OF TEXAS I COUNTY OF LUBBOCK X I, Lavenia Lowe, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on June 27, 1968,.as the same appears of record in Book 27, Page 237, Minutes of said City Commis lion. IN TESTIMONY WHEREOF, witness my hand and the Seal of SWh}s2yjt day of June, 1968. LAVENIA LOWE, City Secretary ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY (Electric Light, Power Supply and Trolley Lines, Irrespective of Voltage, Overhead or Underground) THIS LICENSE, made as of the 23rd day of May, 1968, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Santa Fe") and THE CITY OF LUBBOCK, TEXAS, a municipal corporation (hereinafter whether one party or more called "Licensee"). Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant an agree as follows: 1. In consideration of the sum of One and.N/100ths Dollars ($1.00) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby ackioaedged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of four (4) conductors across or along the premises of Santa Fe at or near the station of Lubbock, Lubbock County, Texas., the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit -carried thereon and. the location of said electric supply line being more particularly shown upon the print hereto attached, No. DEOS-8595, dated May 15, 1968, marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric -supply line upon said premises, is hereinafter called the "Electric Supply Line." 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Associa- tion of American Railroads, or any successor agency, except where by statute or order of competen public authority a different type of construction or a different degree of maintenance is require or permitted, in which case such construction or maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construc- tion and maintenance of the Electric Supply Line shall be subject to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to within fifteen (15) days after hav- ing been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred. 4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence.to the end that no damage shall occur to the property of Santa Fe, and that -there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, repair or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa'Fe may be required during the construction, maintenance, repair, renewal or changing of the Electric Supply Line. 5. If at ady-time during the term hereof Santa Fe shall desire to make any use of its pro- perty with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wires, conduits and other facilities in whist it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be necessary to.avoid interference with the proposed use of its property. - 6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less .)038 JM 2 71968 than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost.and, in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest.. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, may sustain, incur or become liable for, resulting in any manner from the construc- tion, maintenance, use, state of repair, or presence of the Electric Supply Line upon said pre- mises, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b). injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 8. Since this license is made -in part for the benefit of other companies operating over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise. -If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants herein contained, and such failure or refusal shall continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forth- with remove the Electric Supply Line and -restore -said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the costthereof. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver Santa Fe may terminate this license -upon -any subsequent default or defaults which may occur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, whether of indemnity or.otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the Electric Supply Line may be removed and said premises restored as hereinabove provided. 10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to Licensee, from interference, and physical hazard, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Santa Fe. . 11. In case of'the eviction of Licensee by any one owning or claiming title to or any interest in said premises,.or any part,thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any moneys paid hereunder. 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, address- ed to Licensee at P. 0. Box 2000, Lubbock, Texas. 13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute thejoint and several covenants and agreements of such parties. 14. This license may be terminated by either party hereto upon one (1) months' notice in writing to be served upon the other party, stating therein the -day of the month that such termi- nation will take place; and upon the expiration of the -time specified in such notice this license, and all rights and privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is an individual. 15. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successors or assigns, nor any subsequent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year first above written. APPROVED: As to Description: /s/ C. S. Wilson For Chief Engineer As to Specifications: Is/ J. H. Nail •-- Superintendent of of Communications THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By-, /s/ J. P. Spears Its Superintendent THE CITY OF LUBBOCK, TEXAS BY W. D. ROGERS, JR., Mayor Its Mayor (Licensee) 1 I 68-27-238-547 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (20) and Councilmen -Granberry, Hollingsworth, Rigsby, and Turner voting Yea-, none voting Nay, that the following resolution be passed. JON 2 7 I f r RESOLUTION WHEREAS, the City Council has determined a need to acquire an underground power line easemez across the property of the United States of America at the Cotton Ginning Research Laboratory in Lubbock, Texas, and WHEREAS, the United States of America has granted such easement subject to conditions which are to be approved by the City of Lubbock, NOW THEREFORE: 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 fc and on behalf of the City of Lubbock an acceptance to the terms and conditions of the easement de 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 here in in detail. Passed by the City Council this 27th day of June, 1968. ATTEST: g '04 LAVEIAA LOWE, City Secret ry-Treasurer- APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney EASEMENT DEED THE UNITED STATES OF AMERICA, acting by and through the Acting Administrator, Agricultural Research Service, United States Department of Agriculture, Grantor, pursuant to the Act of Octobe 23, 1962 (76 Stat. 1129), and the delegations of the authority and assignment of functions by the Secretary of Agriculture, dated December 24, 1953, and November 27, 1964, (19 Fed. Reg., P. 74 and 29 Fed. Reg., P. 16210), the provisions of which have been duly complied with, does hereby grant and convey to the City of Lubbock, Texas, an easement for a right-of-way for the installati operation and maintenance of an underground electric power line in, on and across lands of the United States at the Cotton Ginning Research Laboratory, Lubbock, Texas, which right-of-way is described as: Beginning at a point in the west right-of-way line of Quirt Avenue, a distance of 677.5 feet south and 20 feet west of the northeast corner of Section 36-, Block A.. Said point being in the west right-of-way line of Quirt Avenue. Thence west a distance of 20 feet; thence north a distance of 8 feet; thence east a distance of 20 feet; thence south a distance of 8 feet to the point of beginning. The granting of this easement is subject to the following terms and conditions: 1. The United States does not warrant the title to any of said land, and the rights and privileges herein granted shall be subject to any mineral reservation or other rights, if any, now outstanding in third parties. 2. The rights and privileges hereby granted shall. not be assigned by the Grantee without the written consent of the United States. 3. Grantee shall be liable for any damage resulting to the United States from the use of th property by the Grantee and shall save and hold the United States harmless from any and all claims or damages by third parties from the use of the property by Grantee. 4. The United States reserves unto itself, its nominees and assigns, the right to use any part of said lands for any purpose, provided such use does not interfere with the rights and privileges hereby granted. 5. The underground power line will be placed below the surface of the ground to a depth as required by local ordinance and the ditch will be backfilled leaving the ground elevatio smooth and in conformance with the surrounding terrain, and any seeded areas damaged in the installation thereof will be reseeded to the satisfaction of the Director of the Station. 6. The right-of-way herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Administrator, ARS, to be necessary, without liability or expense to the United States so as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under the authority of the United States. 7. In the event the Grantee fails to use the property within a reasonable time from the dat hereof or in the event the Grantee shall at any time abandon the use of the property for the purpose here and above provided, or in the event the Grantee shall violate any of th provisions of this grant, the United States may terminate` this grant by giving the Grant notice in writing 60 daysin advance of such termination and the rights hereby granted shall thereupon terminate. 8. The Grantee does by the acceptance of this easement convenant and agree for itself, its assigns, and its successors in interest to the property herein conveyed or any part then of, that the convenants set forth below shall attach to and run with the land: to Uhl -7"; ■ (a) That the aforesaid right-of-way, and its appurtenant areas and its buildings and facilities, whether or not on the land herein conveyed, will be operated as an underground electric power line in full compliance with Title VI of the Civil Rights Act of 1964, and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date of this deed to the end that no person in the United States shall, on the ground of race, color, or National origin, be excluded from participation in, be denied'the benefits of, or be subjected to discrimination under any pro- grams or activities provided thereon; and (b) That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractural or. other arrangements on the land herein conveyed. (c) In the event of a breach of any of the conditions set forth above, all right, title and interest in and to the abovedescribed property will, at the option of the Grantor, revert -to and become the property of the United States of America, which shall have an immediate right of entry thereon, and the Grantee, its successors or assigns, shall forfeit all right, title and interest in and to the abovedescribed property and in any and all of the tenements, heredita- ments and appurtenances thereunto belonging; provided, however, that the failure of the Grantor to insist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relin- quishment of the future performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. 9. No member of or Delegate to Congress or Resident Commissioner -shall be admitted to any share or part of this grant or to any benefit to arise therefrom. This provision shall not be construed to extend to this grant if made with a corporation for its general benefit. Witnesses: /s/ Selma L. Koyck IsL Annie C. Chapman ACCEPTED: CITY OF LUBBOCK. BY W. D. ROGERS, JR. TITLE Mayor UNITED STATES OF AMERICA BY / s / F. R. Man ham Acting Administrator Agricultural Research Service U. S. Department of Agriculture DATE May 16 1968 DATE June 27. 1968 68-27-240-548 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (21) Councilmen Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize acquisition of the following parcels for right-of-way on Indiana Avenue between 19th Street and 34th Street: Parcel 7, J. J. Vaughn. The south 93.3 feet of Lots 19 and 20, Block 1, Squyres Place Addition. The address is 2112 Indiana Avenue - $17,500. Parcel 13, John Burke. Lot 13, Ithica Addition. The address is 2308 Indiana Avenue - $4,000. Parcels 18 and 19, 0. 0. Wilkerson. Lots 19 and 20, Ithica Addition. The addresses are 2322 and 2324 Indiana Avenue - $16,500. 68-27-240-549 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (21a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5491 be passed -on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5491 WHEREAS, the City Councils 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 Indiana Avenue Right of Way I 11 The sum $38,000.00 For the following pµrpose: Acquisition of Parcels 7, 13, 18, and 19, Project. GWO 10519. JUN 2 71; F"i F, III Parcel 7,.J. J. Vaughn. The South 93.3 feet of Lots 19 and 20, Block 1, Squyres Place Addition. The address is 2112 Indiana Avenue - $17,500.00 Parcel 13, John Burke. Lot 13, Ithica Addition. the address is 2308 Indiana Avenue - $4,000.00 Parcel 18 and 19, 0. 0. Wilkerson. Lots 19 and 20, Ithica Addition. The addresses are 2322 and 2324 Indiana Avenue - $16,500.00 Total $38,000.00 6-27-241-550 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (24) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the reappointment of Mr. J. Ray Dickey as a member of the Canadian River Municipal Water Authorit for a two year term. Mr. Dickey's term to expire July 31, 1970. There are two members from Lubbock, the other member being Mr. W. D. (Bill) O'Mara. 68-27-241-551 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (26) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize Section-F to be added to Civil Service Rule 5, Section 30. Section F:, Notice of any promotional examination to be held for Fire and Police Civil Service employees -will be -set at least thirty (30) consecutive, calendar days in advance of such examination and will be posted on a bulletin board located in the main lobby of the City Hall. 68-27-241-552 Mr. Edward L. Colby, Director of Aviation, appeared before the City Councilaad presented recommen (27) tions concerning the new master plan as recommended by the Airport Board. After discussion of th plan, motion was made by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, non voting Nay, to approve the new master plan in principle for Lubbock Municipal Airport. 68-27-241-553 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (28) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none -voting Nay, to approve the recommendations of the Airport Board that account no. 50-5042-339 be increased from $27,550 to $65,000 in the 1967-68 budget from the unappropriated portion of the Airport Revenue Fund. 68-27-241-554 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (29) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the Airport Board to enter into contract as set out in Section 3 of the Code with Atcheson, Atkinson, and Cartwright for the airport terminal area expansions to provide for increased traffi flow. Terms and conditions of the contract are set out in the contract. THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT on a Basis of a PERCENTAGE OF CONSTRUCTION COST THIS AGREEMENT made this 1st day of July in the - year Nineteen Hundred and Sixty-eight BY AND BETWEEN THE CITY OF LUBBOCK hereinafter called the,Owner, and Atcheson, Atkinson and Cartwright, hereinafter tailed the Architect ii WITNESSETH, that whereas the Owner intends to construct immediate Additional Terminal Facilities for West Texas Air Terminal, Lubbock, Texas, hereinafter called the Project, NOW, THEREFORE, the Owner and the Architect, for the considerations hereinafter set forth agree as follows: ARTICLE 1. THE ARCHITECT AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS HEREINAFTER SET FORTH. ARTICLE 2. THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICES: 2.1 For his basic services (6%) of the project construction cost, hereinafter referred to -as -the Basic Rate, the work to be let under a single lump sum contract. 2.2 For work let on a cost -plus -fee bases, increase the Basic rate to per cent (6.5%). 2.3 For work let under separate contracts, increase the -Basic Rate'to. per cent (6.5%). 2.4 For Additional Services defined in Article 4 hereinafter, (3) times the Direct Personnel Expense as defined in Article 7.1 hereinafter. In computing Direct Personnel Expense principal's time shall be computed at $8.00 per hour, and employees' time shall be at their regular rate of pay plus normal benefits. 2.5 Reimbursable expense as defined in Article 7.2 hereinafter to the amount expended. ARTICLE 14. The Owner is hereby granted a unilateral option to extend this Agreement for the purpose of obtai ing the Architect's services for the design, plans and specifications,and construction supervisio of a new airline terminal and parking building. In the event the Owner exercises this option it is hereby mutually understood and agreed that such option must be exercised within 180 days of the completion and acceptance by the City of Lubbock of the Master Plan Study Report for West i Texas Air Terminal, unless such time is, by mutual agreement, extended. )9 UN 2 7 1968 IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Owner THE CITY OF LUBBOCK Is/ Edward L. Colby Edward L. Colby, Director of Aviation ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. -„ F. 0. SENTER, JR., City Attorney Architect ATCHESON, ATKINSON & CARTWRIGHT /s/ Attmar L. Atkinson, Atmar L. Atkinson, Partner 68-27-242-555 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (30) and Councilmen Granberry, Hollingsworth, Rigsby,.and Tur er voting Ye ngn vo�i�� Nay, to authorize the Airport Board to enter into contract/Rt�i Mr�c�iill, YmitTi,°an 'Cooper for the purpose of -preparing plans and specifications for the immediate extension of the east -west runway on an emergency basis due to failure of the north 2,000 feet of the north -south runway. 68-27-242-556 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (30a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to auth- orize a loan from the City of Lubbock General Fund to West Texas -Air Terminal of Lubbock in the amount of $617,000 for construction and maintenance of runways. The Airport to refund this money to the.City of Lubbock General Fund from future bond funds and revenue funds. 68-27-242-557 The City Council considered changing the name of Lubbock Municipal Airport to West Texas Air (31) Terminal of Lubbock, said name being adopted by the Airport Board in 1964. Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Council- men Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting .Nay, to ratify the action of the Airport Board and change the name of Lubbock Municipal Airport to West Texas Air Terminal at Lubbock. 68-27-242-558 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried; Mayor Rogers and (32) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the appointment of the architectural firm of Whitacre and Hall for repairs and accoustical improve- me'ats being as follows: 1. Control echo by installing drapes or a sound absorbing material on back walls. 2. Purchase a new sound system and enlarge grill for speakers. 3. Make improvements to reduce noise of air handling system. 4. Finish the ceiling with•a material that would make it a hard surface. 5. Carpet all inner lobbies and foyers. 6. Re -locate sound control system to the back of the auditorium. 7. Replace orchestra pit curtain with a solid material. 68-27-242-559 A report was given the City Council concerning the Posey neighborhood area in east Lubbock and (33) authorization was given for the City to continue their efforts to establish this neighborhood center. 68-27-242-560 Mr. Joe Stanley, member of the City County Health Board, and Dr. David M. Cowgill, Director of (34) the City -County Health Department, appeared before the City Council•and recommended that an air pollution ordinance be passed. After consideration of this request it was unanimously agreed by the City Council that a public hearing be held at 1:30 p.m. on July 11, 1968, to consider passage of an air pollution ordinance. 0 68-27-242-561 Motion -by Councilman Hollingsworth, seconded. by Councilman Rigsby, motion carried, Mayor Rogers (35) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve recommendations of the Parks and Recreation Board for the following expenditures of Park Bond money: 0 1. Dirt work at Leroy .Elmore Park located at 66th Street and Quaker Avenue - $13,000. 2. Botanical supplies for parks located at 4th Street and Zenith Avenue and 33rd Street and Chicago Avenue - $3,500. 3. Park shelter at Booker T. Washington Park located at East 22nd Street and Birch Street - $12,000. 68-27-242-562 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (35a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5492 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5492 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, .ERG 2 71 I 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond The sum $13,000.00 For the following purpose: For all equipment, materials, and labor to perform dirt work at Lero Elmore Park. This park is located at 66th & Quaker Ave. 68-27-243-563 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (35b) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5493 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5493 WHEREAS, the City Council of the City of Lubbock finds -it is necessary to appropriate certa specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated. out of the following described bond fund, to -wit: Park Bond 11 The sum $3,500.00 For the following purpose: For all equipment, materials, and labor to install permanent land- scaping (botanical supplies) on an un-named park site located at 4th St. & Zenith Ave. and an un-named park site located at 33rd & Chicago Ave. 4th & Zenith $1,000.00 33rd & Chicago $2,500.00 68-27-243-564 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (35c) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that - Ordinance No. 5494 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5494 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certa: specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond The sum $12,000.00 For the following purpose: For all equipment,materials, and labor to construct a park shelter and restroom on Booker T. Washington Park. This park is located at East 22nd- & Birch St. 68-27-243-565 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (36) Councilmen'Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authoriz( a loan in the amount of $2,000 to Southeast Lubbock Development Corporation to cover operating deficits at Green Fair Manor for the month of July, 1968. 68-27-243-566 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 316. (40) 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, Rigst and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Temple Incorporated for purchase of Items 1 thru 10. Accept the bid of General Electric Supply Company for purchase of Items 11 and 12. Accept the bid of Westinghouse Electric Supply Company for purchase of Item 13. 68-27-243-567 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 324. (40a) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded t 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 Westinghouse Electric Supply Company for purchase of Items 1 thru 4. Accept the bid of Nelson Electric Supply Company for purchase of Item 5. Accept the bid of Southwestern Electric Supply Company for purchase of Item 6. 68-27-243-568 Bids as follows were received for purchase of water meters compound and mainline for a period of (41) one year, being Bid No. 322. Bid Tabulation set in Bid Book. 14 1N 2 7 1966 After consideration of all bids received, motion was made by Councilman Turner, 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 bids as follows: Accept the bid of Rockwell Manufacturing Company - Houston far purchase of Items 1 thru 3. Accept the bid of Hersey-Spariing Meter Company - Dallas for purchase of Items 4 thru 7. 68-27-244-569 Bids as'f K1gws-.were received for purchase of automotive testing equipment for the Garage, being (42) Bid No. 333... 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 Lubbock Automotive Equipment for testing equipment for the Garage. 68-27-244-570 Bids as follows were received for purchase of re -roofing Electric Plant No. 2, being Bid No. 325. (43) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was 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 acceptance of the bid of Hamilton Roofing for re -roofing the Electric Plant. 68-27-244-571 The City Council considered the claim of the Catholic Mutual Relief Society in the amount of (38) $6,238.03 for a gas explosion at Our Lady of Grace Church located at 3120 Erskine Street. It was recited in the claim that this gas explosion occurredon December 19, 1967. The claim was not filed until February 15, 1968; therefore, was.more than 30 days after the accident occurred and does not comply with the terms required that the claim be filed within 30 days. Motion was then made by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that this claim of the Catholic Mutual Relief Society in the amount of $6,238.03 be denied. 68-27-244-572 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (37) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author- ize the purchase of Lot 2A, Block 44, Coronado Addition from the Urban Renewal Agency for a con- sideration of $150.00. 68-27-244-573 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (37a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. 0 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 Special Warranty Deed attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of June, 1968. W. D. ROGERS, JR., Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 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 County of Lubbock, State of Texas, for and in consideration of the sum of ONE -HUNDRED FIFTY AND N01100 ($150.00) DOLLARS to it cash in hand paid by Southeast Lubbock Development Corporation, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the said Southeast Lubbock Development Corporation, of the County,of Lubbock, State of Texas, all that certain lot, tract or parcel of land located in Lubbock County, Texas, and being more particularly described as follows: Lot 2A, Block 44, Coronado Addition to the City of Lubbock, Lubbock County, Texas. The above described property being the same property as described in that certain Warranty Deed from the Urban Renewal Agency of the City of Lubbock to the City of Lubbock dated June 25,.1968, and this.conveyance is subject to the conditions and covenants stated therein. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Southeast Lubbock Developments Corpora- tion, its successors and assigns forever; and it does hereby bind itself, its successors and 2 JUN 2 ; Ll assigns to WARRANT and FOREVER DEFEND all and singular the said premises unto the said Southeast Lubbock Development Corporation, its successors and assigns, forever against every person whomso ever lawfully claiming, or to claim the same or any part thereof by, through or under the City o. Lubbock, but not otherwise. WITNESS the hand of the City of Lubbock, at Lubbock, Texas, this t th day of June 1968 B W. D. ROGERS, JR., or ATTE�&40vw LAVENIA LOWE, Cit Secre ary-Treasurer 68-27-245-574 On this date the City Council -held a public hearing -as -to the widening and paving of Avenue Q (44) between the Clovis Highway and 22nd Street. The City Council Chamber was filled to capacity wit; people for this hearing. Mayor Rogers reviewed the City's contact with the Texas Highway Depart went in regard to the widening and paving of Avenue Q for the information of those present. Mr. Ken Nelson appeared before the City Council stating his business was located at 50th Street and Avenue Q and that he wanted the street improved. Mr. Alton Abbott appeared before the City Coun, stating he owned property on Avenue Q, north of 5th Street stating that the proposed plan would hurt him, but in the long run it would benefit everyone. Mr. Bob Blon of the Citizens Traffic Council appeared before the City Council in connection with this widening project on Avenue Q.- Mr. Earl Archer appeared before the City Council stating that he owned property in the 500 block Avenue Q. Mr. Archer stated that Avenue Q was a rough street and something needed to be done abc it. Mr. George Baker appeared before the City Council stating he owned no property in Lubbock, but that the streets in Lubbock needed widening and paving. Mr. Delbert Norris appeared before the City Council in favor of the widening and paving of Avenue Q. Mr. Claude Hurlbut appeared before the City Council in connection with this widening and paving project. Mr. Carrol Cobb, Attorney, appeared before the City Council representing a group of property owners on Avenue Q it opposition to the widening and paving of Avenue He started in part, that it is felt by his clients that medians tend to divide the City,/tdN greater use of the street would be from south to north. Also appearing in opposition to this widening and paving project were: Mr. C. Gristy; Mr'. T. R. Bumpass, Mr. Earl Ray, Mr. J. B. Hance, and Mr. George Riddle. Mayor Rogers stated thf the City Staff will have the proposed widening plan in their office for review of any interested citizen and the Mayor requested that those who have businesses on Avenue Q come to the City Hall July 1 thru July 12, 1968, between the hours of 1:00 p.m. and 4:00 p.m. to review the plan and discuss any problems with the Traffic Department in an effort to solve the problem of traffic at each merchants place of business. Mayor Rogers stated that after Mr. Sherrell had reviewed the widening and paving plan for Avenue Q with the merchants he would then report to the City Counci' atwhich time the City Council would again -consider this widening and paving plan for Avenue Q. Councilman Hollingsworth was absent from this hearing. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUW4.IL ADJOURNED FROMREGULAR MEETING, JUNE 27, 1968. ATTES 1 LAVENIA LOWE, Cit Secretary -Treasurer READ AND APPROVED THIS THE 11TH DAY OF JULY, 1968. ATTEST: LAVENtAA LOWE, City Se retary-Treasurer W. D. rMWM&�.s.. s•iA r. W�