Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 8/8/196840ti AUG 8 1968 68-27-280-667 (1) 68-27-280-668 (2) 68-27-280-669 (3) 68-27-280-670 (8a) • August 8, 1968 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby, and Morris W. Turner, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None Invocation was given by Director of Public Services Al Couch. The Pledge of Allegiance to the Flag was given in unison by those in the Council Chamber. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to auth- orize approval of City Council Minutes - Regular Meeting held July 24, 1968; Regular Meeting held July 25, 1968. The following statement was made by Mayor Rogers: STATEM$NT BY MAYOR W. D. "DUB" ROGERS, JR., REGULAR CITY COUNCIL MEETING THURSDAY AUGUST 8, 1968 For quite some time now, I have been meeting with various and sundry groups concerning the problem of the unemployed in our City. I am morally conviced that this problem is one which we can attack within our own family. It is one which we can make headway in solving - for many of the facts - and many of the myths about this problem are covered up in rumor and misinforma- tion which can be brought to the surface and exposed to the light of good, hard logic and common sense. Consequently, I am appointing today a 'Mayor's Human Resources Committee." This committee will study the problem from every possible angle and will aid and assist the unemployed, skilled and unskilled, and the underprivileged without regard to race, color, or creed in endeavoring to match the unemployed with a job for which he is qualified. In addition, this "Master Committee" will aid and assist the unemployable by helping to bring them in contact with the various agen- cies and employers who are equipped to train such people. This Mayor's Committee should in no way be considered as an employment agency. It will work closely with the Texas Employment Commission, Private Employment Agencies, and all other public, governmental, and private sources of employment. But, in the main, this group will be concerned with dealing with one of the greatest strengths of democracy - helping all of us act like a community. My hope is that this committee can teach all of us that we need to share our strengths and overcome our weaknesses. This group can accept diversity as a precious source of creativity - and as a ladder to better communication between all elements of our community. The membership of this "Master Committee" includes as broad a cross section of this City as it is possible to assemble. Every member has agreed to accept this responsibility, and each is acting from a wholly unselfish and cooperative point of view with a desire to bring a new spirit of complete community dedication to helping each other. I have complete faith in these gentlemen.. The "Master Committee" is composed of the following members: 1. Marion Sanford, Chairman 2. Aubrey Rummel, Vice Chairman 3. Vicente Arrendondo 4. Clem Boverie 5. Ronald Canady 6. Ed Deo 7. Father Donlon 8. R. B. McAlister 9. T. J. Patterson 10. Theodore Phea 11. Marvin Rogers 12. Lynn Rowan 13. Clarence Solnick 14. Joe Stanley 15. R. C. Taylor 16. Ben Zermeno There will be five subcommittees of four members each, three of whom will be named from the "Master Committee" listed above, and one person who is not a member of the "Master Committee." The Chairman and Vice Chairman of each subcommittee will be named from the membership of the above "Master Committee." The title of each subcommittee, its responsibilities, mission, and membership are as follows: 1. JOB OPPORTUNITIES SUBCOMMITTEE Clem Boverie, Chairman Joe Stanley, Vice Chairman Aubrey Rummel *President of the Chamber of Commerce (Current - Dr. Brandon Hull) - ALIG 8 196 an .om The responsibilities of this subcommittee will be to talk to prospective employers to encourage them to hire qualified people of the Minority Races, to coordinate a con- tinous survey on job opportunities with the Lubbock Chamber of Commerce and Board of City Development. 2. APPLICANTS' ASSISTANCE SUBCOMMITTEE Lynn Rowan, Chairman Ed Deo, Vice Chairman Clarence Solnick *Representative Elmer Tarbox The responsibilities of this subcommittee will be to counsel with the applicants, maintain a list of available people and their qualifications, and make this informa- tion available to prospective employers of minority people. This subcommittee will assist these people in securing appointments with employers and/or employment agencies, and, if necessary, accompany them to the prospective employer's office for the interview. 3. VOCATIONAL TRAINING SUBCOMMITTEE Ronald Canady, Chairman Ben Zermeno, Vice Chairman Theodore Phea *Jim Sexton The responsibilities of this subcommittee will be to keep the various agencies, schools and employers informed on.the types of vocational training needed to upgrade some of these people, and to secure training for those who are unemployable. This subcommit- tee will also study and recommend to the "Muster Committee" what is needed in Lubbock for us to have an'adequate vocational training program to meet the requirements of existing employers in the City of Lubbock and the new industries which, hopefully, we will continue to attract to Lubbock. 4.' COMMUNITY EDUCATION SUBCOMMITTEE R. B. McAlister, Chairman T. J. Patterson, Vice Chairman Marvin Rogers *Bob Nash The responsibilities of this subcommittee will be to communicate with mass media, churches, clubs, and other organizations and groups on the mission of the "Master Committee" and to keep these various entities informed on a regular basis of the activities and accomplishments of the "Master Committee" and from time to time, arrange for feature articles and news items with the newspaper, and special programs and new items with the radio and television stations, and speaking engagements before civic clubs. 5. INQUIRY AND INFORMATION SUBCOMMITTEE R. C. Taylor, Chairman Father Donlon, Vice Chairman Vicente Arrendondo *R. J. Mitchell The responsibilities of this subcommittee will be to receive complaints on the matter of job discrimination and to determine the validity of same, and to take the necessary steps to bring the facts into focus. In addition, one of the most pressing problems which faces some modern communities is the deadly rumor. It is well known that innocent circumstances have been distorted into ugly rumors which eventually erupt into pain, sorrow, and anger where there should have been reason and counseling together. Deadly rumors can bring fear and distrust to-a•community and change its character from progressive and alert to indecision and vacillation. When any of the members of the "Master Committee" become aware that a malicious rumor is being passed which can do no one any good and many much harm, they will report it to this subcommittee so that it can take quick -action to try and squelch it and to check its validity and put a stop to it. The Chairman of the "Master Committee" will serve as an ex officio member of each of the above subcommittees. Even though the subcommittees have been assigned specific responsibilities, their function will be to coordinate their activities with the "Master Committee." In other words, it is extremely important that the subcommittees work within the framework of the "Master Commit- tee." Further, for the "Master Committee" to be effective, clear lines of communication must be maintained among all of its members, and each subcommittee will be conversant with the activities of the others. *Members of Subcommittee only. 68-27-281-671 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (15) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5512 be passed on second and final reading: AN APPROPRIATION ORDINANCE ORDINANCE NO. 5512 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; '2 ►UG 8 1968 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The sum $23,000.00 For the following purpose: Acquisition of Parcels 5 and 11, Indiana Avenue Project. GWO 10519. Parcel 5, 3401 21st Street, A. G. Moore Estate, Legal is Lot 1, Block 1, Squyres Place Addition, Consideration - $16,000.00 Parcel 11, 2304 Indiana Avenue, Marion Sanford, Legal is North 49.75 feet of Tract L, Block 1•, Tract 4, H. W. Stanton Subdivision, Conside- .ratiQn - $7,000.00 68-27-282-672 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (16) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5503 be passed on second and final reading. ORDINANCE N0. 5503 II AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF 11 LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1551: CHANGE THE PROPERTY SITUATED ON EITHER SIDE OF AVENUE Q, BETWEEN FOURTH STREET AND THE ALLEY SOUTH OF MAIN STREET, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C-4" ZONING DISTRICT; -AND PROVIDING FOR PUBLICATION. 11 68-27-282-673 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (16a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize Zone Case No. 1532 be removed from the tabled items. 68-27-282-674 On this date the City Council again considered Zone Case No. 1532, being appeal of John L. Griffis (16b) to change property located at 820 Avenue Q from "C-3" to "C-4" zoning district. Zone Case No. 1532 was Tabled May 22, 1968, to request the Planning and Zoning Commission to initiate a hearing to consider the possibility of rezoning both sides of Avenue Q between 4th Street and loth Street. Motion was then made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting May, to Deny Zone Case No. 1532 as it is. covered in. Zone Case No. 1551, Ordinance No. 5503. 68-27-282-675 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (17) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5504 be passed on second and final reading. ORDINANCE NO. 5504 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. 1552: CHANGE LOTS NINE THROUGH TWELVE, BLOCK FIFTY-EIGHT, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITION; PROVIDING -FOR PUBLICATION. 68-27-282-676 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (18) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5505 be passed on second and final reading. 68-27-282-677 (19) 68-27-282-678 (20) ORDINANCE NO. 5505 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. 1553: CHANGE LOT THIRTEEN, BLOCK FIVE, SIMMONS ADDITION, CITY OF LUBBOCK,-LUBBOCK COMM, TEXAS, FROM AN "R-l" TO A "C-1" ZONING DISTRICT; AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5506 be passed on second and final.reading. ORDINANCE NO. 5506 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. 1555: CHANGE LOT THREE, BLOCK EIGHT, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN "M-1" ZONING DISTRICT; AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5507 be -passed on second and final reading.. ORDINANCE NO. 5507 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1557: CHANGE LOT TWO, TRACT C, CAPROCK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3 " TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR PUBLICATION. r Ll 68-27-282-679 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, that Ordi- nance No. 5508 be passed on second and final reading. 2t AVG 8 1968 OR EM 68-27-283-680 (22) 68-27-283-681 (23) 68-27-283-682 (24) I 68-27-283-683 (25 ) 68-27-283-684 (28) ORDINANCE NO. 5508 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. 1554: CHANGE TRACT A, MODERN MANORS ADDITION AND THE SOUTH 225 FEET OF LOT ONE, BLOCK EIGHTEEN, MODERN MANORS ADDITION, CITY OF LUBBOCK, COUNTY OF LUBBOCK, TEXAS, FROM A "C-2A" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVID- ING FOR PUBLICATION. 11 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5509 be passed on second and -final reading. ORDINANCE NO. 5509 AN ORDINANCE ESTABLISHING A BUILDING LINE ON THE WEST SIDE OF AVENUE H FROM THE NORTH RIGHT OF WAY LINE OF 4TH STREET TO THE SOUTH RIGHT OF WAY LINE OF 2ND PLACE, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; PROVIDING THAT NO BUILDING OR OTHER STRUCTURE SHALL HERE- AFTER BE ERECTED,.RE-ERECTED OR SUBSTANTIALLY REPAIRED BETWEEN SUCH BUILDING LINE AND THE RIGHT OF WAY LINES EXISTING PRIOR TO THE BUILDING LINE ESTABLISHED HEREIN; REQUIRING EXISTING STRUCTURES ON, OR EXTENDING BEYOND THE BUILDING LINE HEREIN ESTABLISHED TO CONFORM TO SUCH BUILDING LINE WITHIN TWENTY-FIVE (25) YEARS; DEFINING "BUILDING LINE" AND PROVIDING THAT SETBACK REQUIREMENTS UNDER THE CITY'S ZONING ORDINANCE AND AMENDMENTS THERETO BE DETERMINED FROM THE BUILDING LINE HEREIN ESTABLISHED; PROVIDING EXCEPTIONS FOR UTILITY EXTENSIONS AND PUBLIC IMPROVEMENTS; REPEALING ALL ORDINANCES ESTABLISHING BUILDING LINES WHICH CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5510 be passed on second and final reading. ORDINANCE NO. 5510 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5471 COVERING ZONE CASE NO. 1531 WHICH COVERED PROPERTY WITHIN THE URBAN RENEWAL AREA SOUTH OF EAST NINETEENTH STREET AND EAST OF AVENUE A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY CORRECTING SAID ORDINANCE TO REFLECT THE ACTION OF THE CITY COUNCIL. Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5511 be passed on second and final reading. ORDINANCE NO. 5511 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5472 COVERING ZONE CASE NO. 1531-A WHICH COVERED PROPERTY WITHIN THE URBAN RENEWAL AREA SOUTH OF EAST NINETEENTH STREET AND EAST OF AVENUE A, CITY OF LUBBOCK, LUBBOCK COUNTY,'TEXAS, BY CORRECTING SAID ORDINANCE TO REFLECT THE ACTION OF THE CITY COUNCIL. Motion 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 revision to the site plan to allow construction of a four unit apartment building on the north portion of the parking lot of property located at 1610 Avenue R. 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. 5514 be passed on first -reading. ORDINANCE NO. 5514 AN ORDINANCE AMENDING SECTION 2, SUBSECTION 26 OF ORDINANCE NO. 4251 OF THE CITY OF LUBBOCK AS AMENDED BY ORDINANCE NO. 4906 SO AS TO EXTEND THE LIMITS OF A SCHOOL ZONE ON AVENUE U; AMENDING SECTION 2, SUBSECTION 31 OF ORDINANCE NO. 4251 AS AMENDED BY ORDINANCE 4541 SO AS TO EXTEND THE LIMITS OF A SCHOOL ZONE ON CHICAGO AVENUE; AMENDING SECTION 2 OF ORDINANCE NO. 4251 BY ADDING THERETO A NEW SUBSECTION 35 WHICH ESTABLISHES A NEW SCHOOL ZONE ON CHICAGO AVENUE; AMENDING SECTION 2 OF ORDINANCE NO. 4251 BY ADDING A NEW SUBSECTION 36 WHICH ESTABLISHES A NEW SCHOOL ZONE ON 58TH STREET; AND PROVIDING FOR PUBLICATION. 68-27-283-685 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (29) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5515 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 5515 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: Traffic Light The sum $4,119.50 For the following purpose: Installation of separate left turn signal indication at selected intersections. 68-27-283-686 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (40) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5517 be passed on first reading. 284 AUG 8 �968 AN APPROPRIATION ORDINANCE ORDINANCE NO. 5517 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 Lighting Bond Fund The sum $40,000 For the following purpose: To install residential Mercury Vapor street lights and to replace existing Incandescent residential street lights. 68-27-284-687 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (41) and. Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that f Ordinance No. 5516 be passed on first reading. AN APPROPRIATION.ORDINANCE ORDINANCE NO. 5516 . WHEREAS, the City Council of the City.of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Fund The sum $108,452.82 For the following purpose: To purchase one 1250 GPM Pumper and one 85' elevating platform truck and associated tools and equipment. 68-27-284-688 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (42) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5518 be passed on first reading. ORDINANCE NO. 5518 r AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 18-4.1 WHICH WOULD MAKE IT UNLAWFUL TO MOVE ANY BUILDING OR OVERSIZE LOAD UPON THE STREETS, ALLEYS, AVENUES, OR PUBLIC GROUNDS OF THE CITY OF LUBBOCK DURING THE FOLLOW- ` ING HOURS OF THE DAY 7:30 A.M. to 9:00 A.M., 12:00 NOON TO 1:00 P.M., AND 4:30 P.M. TO 6:00 P.M.; PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-284-689 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (48) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5519 be passed on first reading. ORDINANCE NO. 5519 AN ORDINANCE AMENDING ORDINANCE NO. 5462 OF THE CITY OF LUBBOCK, TEXAS, (BEING THE MECHAN- ICAL CODE), BY AMENDING SECTION 301 AND SUB -SECTION 7 OF SECTION 304 THEREOF SO AS TO DELETE "REPAIR" FROM CHAPTER 3 "PERMITS AND INSPECTION"; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-284-690 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (49) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5520 be passed on first reading. ORDINANCE NO. 5520 AN ORDINANCE AMENDING ORDINANCE NO. 4725, OF THE CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE), BY AMENDING SECTION 309 THEREOF TO PROVIDE ACTS TO BE PERFORMED BY HOUSE MOVERS; r ADDING A NEW SECTION 310 THERETO TO PROVIDE ACTS TO BE PERFORMED BY PERSONS DEMOLISHING HOUSES; PROVIDING FOR PERMITS AND FEES; PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-284-691 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (49a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5521 be passed on first reading. ORDINANCE NO. 5521 AN ORDINANCE AMENDING ORDINANCE NO. 4725, OF THE CITY OF LUBBOCK, TEXAS, (BEING THE BUILD- ING CODE), BY AMENDING SECTION 2103 THEREOF BY PROVIDING EXCEPTION TO FIRE PROTECTION REQUIRED FOR EXTERIOR WALLS WHICH ARE NON -BEARING WALLS AS DESCRIBED IN THE BODY -OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-284-692 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (46) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize a loan in the amount of $2,500 to Southeast Lubbock Development Corporation to cover deficit for the month of August, 1968. 68-27-284-693 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 374. (51) R$•i T.a i,..l ati nn anfh i r. R4A Rnnl. c r� AUG 8 19E After consideration of all bids received, motion was made by Councilman Rigsby, 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 Nelson Electric Supply Company for purchase of Items 1 and 2. 68-27-285-694. Bids as follows were received for purchase of fire hydrants and valves, being Bid No. 387. (52) 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 bids as follows: Accept the bid of Darling Valve & Manufacturing Company - Dallas for purchase of Item 1. Accept the bid of M. B. McKee Company for purchase of Item 2. 68-27-285-695 Bids as follows were received for purchase of 75 one-way, three section traffic signal heads, bein (53) Bid No. 405. Bid Tabulation set in Bid Book. After consideration of allbids 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 bids as follows: Accept the bid of Econolite - Fort Worth for purchase of Item 1. Accept the bid of Signal Engineering Company, Houston, for purchase of Item 2. 68-27-285-696 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (32) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. r r RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES 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 resolutions and entered into contract with Pioneer Pavers, Inc. (G.W.O. 2935) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: York Avenue (extra asphalt applied at rate of .1 gallon per square yard) from 35th Street to 42nd Street, known and designated as Parts of Sub -Unit Numbers 13 thru 19 of Unit Number 2179. Slide Road from its intersection with a line 11 feet South of the South Property Line of 50th Street -to its intersection with the North right-of-way line of Loop 289 South, known and designate as Sub -Unit Number 1 of Unit Number 2185. . . AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or -avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2935). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby 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 delive certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and afN PASSED AND APPROVED THIS 8TH DAY OF AUGUST 1968. tbt ATTES r LAVENIA LOWE, City Secre ary APPROVED: Isl Samuel W. Wahl Samuel W. Wahl, -City Engineer W. D. ROGERS, JR., is passage. APPROVED: . /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney '8b G 8 1968 Honorable Mayor and City Council Lubbock, Texas Gentlemen: August 8, 1968 I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving con- tractor, under their contract dated November 9, 1967, designated as G.W.O. 2935 and find the improvements on Slide Road from 50th Street to,Loop 289 South and York Avenue (extra asphalt only) from 35th Street to 42nd Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated 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 CONSOLIDATED FINAL ESTIMATE GWO„2935Accepted_ August 8. 1968 !LL,1,L� 04 Alley S.Y. S.F. S.X. S.Y. Slab Gallons Unit Paving S.Y. C & G L.F. Alley Valley Removal Extra Sub -Unit Location 9" Base 9"Base Removal C & G Return Gutter S.Y. - Asphalt Part of 2179- York Avenue 579.00 13-19 (extra asphalt only)from 35th Street to 36th Street 2185-1 Slide Road from 33,676.50 533.77 3,931.10 208.20 34.76 31.11 11' S.of the 1,427.99 SPL of 50th St. to the N. ROW line of Lp. 289 South 33,676.50 533.77 3,931.10 208.20 34.76 31.11 579.00 1,427.99 COST ESTIMATE 33,676.50 S.X. Paving 9" Base @ $2.50 $ 80,823.60 1,427.99 S.Y. Base 9" @ 1.65 2,356.18 533.77 L.F. Curb & Gutter Removal @ 0.50 266.89 3,931.10 L.F. Curb & Gutter @ 1.85 7,272.54 208.20 S.X. Alley Return @ 7.00 1,457.40 34.76 S.Y. Valley Gutter @ 7.50 260.70 31.11 S.Y. Alley Return Removal @ 1.50 46.67 579.00 Gallons Extra Asphalt @ 0.20 115.80 CONTRACT COST $ 92,599.78 COST DISTRIBUTION Property City Escrow Unit & Contract Owner to to be Sub -Unit Cost Cost Contractor Released Parts of 2179 13 thru 19 115.80 115.80 2185-1 _92,483.98_ _ 13,412.12 75,209.52 3,862.34 TOTALS 92,599.78 13,412.12 75,325.32 3,862.34 68-27-286-697 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (33) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES 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 resolutions and entered into contract with Pioneer Pavers, Inc. (G.W.O. 10502) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: West 1/2 of Quaker Avenue from its intersection with a line 8.70 feet South of the South Property Line of 63rd Street (East Leg) to its intersection with the North Property Line of Loop 289 South, known and designated as Sub -Unit Number 1 of Unit Number 2151. I The East 1/2 of Quaker Avenue from its intersection with a line 8.70 feet South of the South Property Line of 63rd Street to its intersection with Loop 289 South, known and designated as Sub - Unit Number 2 of Unit Number 2151. 28 AUG 8 19ss s ft 0, �I AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10502). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby 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, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and PASSED AND APPROVED THIS 8TH DAY OF AUGUST 1968.1 W. D. ATTEST i LAVENIA LOWE, City Secret ry APPROVED: Isl 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 Gentlemen: v its passage. P August 8, 1968 I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract dated February 10, 1967, designated as G.W.O. 10502 and find the improvements on Quaker Avenue from 63rd Street to Loop 289 as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, authorizing payment to the contractor the amount shown on the attached consolidated 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 respec- tive properties. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 10502 Accepted AuZ.us_t_8,. 1968 �l,•f�I�����~ S.Y. S.Y. S.Y. C.Y. S.Y. Unit & Paving Paving L.F. Alley Surface Gal. 6" Sub -Unit Location 9" Base 9" Base C & G Return Rock Asphalt Base Assess- cash 2151-1 W.1/2 of Quaker Ave from 8.7' S.of the SPL of 63rd St. to Loop 289 South 2151-2 The E 1/2 of Quaker Ave. from 12' S.of the NPL of 62nd St. (W.Leg) to Loop 289 South TOTALS COST ESTIMATE 7,513.92 1,644.83 12.00 N 9,005.56 2,117.25 11.83 88.0 2,730.00 4,298.92 11 7,513.92 9,005.56 3,762.08 23.83 88.0 2,730.00 4,298.92 7,513.92 S.Y. Paving 9" Base Assessment @ $2.00 $ 15,027.84 9,005.56 S.Y. Paving 9" Base Cash @ $1.85 16,660.29 3,762.08 L. F. Curb & Gutter @ $1.55 5,831.22 23.83. S.Y. Alley Return @ $5.80 138.21 88.00 C.Y. Surface Rock @ $7.50 660.00 .► 7.)n An A_i A.._L_T& (a An in r%IAA_nn 8 AUG 8 1966 CONTRACT COST $42,732.59 COST DISTRIBUTION Property City From Unit & Contract Owner to Prepaid Sub -Unit Cost Cost Contractor Paving Account 2151-1 17,646.93 8,303.62 4,592.35 4,750.96 2151-2 25,085.66-0- 233809.36 1,276.30 42,732.59 8,303.62 28,401:71 6,027.26 68-27-288-698 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (34) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES 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 resolutions and entered into contract with Kerr Construction Co. (G.W.O. 10460) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: The West 1/2 of Quaker Avenue from its intersection with a line 12 feet South of the North Property Line of 62nd Street {West Leg) to its intersection with a line 8.70 feet South of the South Pro- perty Line of 63rd Street (East Leg), known and designated as part of Sub -Unit 3 of Unit 2137. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10460). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:. I. That the improvements on said portions of the-abovementioned alleys, streets, and/or avenues be and the same are hereby 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, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and aft s passage. PASSED AND APPROVED THIS 8TH DAY OF AUGUST 1968. 1. 0 W. D. ROGERS, JR. , r ATTEST: i LAVENA LOWE, City Secret ry APPROVED: /sl _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 Gentlemen: August 8; 1968 I have examined the paving improvements constructed by Kerr Construction Co., paving con- tractor, under their contract dated January 28, 1965, designated as G.W.O. 10460 and find the improvements on the West 1/2 of Quaker Avenue from 62nd Street to 63rd Street as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and speci- fications and recommend that you accept the improvements on said streets and/or avenues, authoriz- ing payment to the contractor the amount shown on the attached consolidated 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. 4 Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl 21,)) AUG 8 1968 i M s CONSOLIDATED FINAL ESTIMATE GWO 10460 Accepted August 8, 1968 UANTITIES S.Y. Unit & Paving L.F. Sub -Unit Location 9" Base C & G Part of` 2137-3 W 1/2 of Quaker Ave. from 12' S. of the NPL of 62nd 647.94 221.07 St. W. Leg to 8.71'S. of the SPL of 63rd St. E. Leg COST ESTIMATE 647.94 S.Y. Paving 9" Base @ $2.00 $ 1,295.88 221.07 L.F: Curb & Gutter @ $1.55 342.66 TOTAL $ 1,638.54 COST DISTRIBUTION City Escrow Unit & Contract to to be Sub -Unit Cost Contractor Released Part of 2137-3 $ 1,638.54 78.14 1,560.40 68-27-289-699 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and .(35) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RES OLUT ION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Quail Ridge -Addition Lots 1-75, made arrangements with Pioneer Pavers, Inc. for 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 Quail Ridge Addition Lots 1-75 including -the following streets:. South one-half of 62nd Street from its intersection with the west dine of Quail Ridge Addition to its intersection with a line 16 feet west of the west property line of Quaker Avenue, known and designated as. New Subdivision, Sub -Unit Number 1755. 63rd Street from its intersection with the west line of Quail Ridge Addition to its intersection with Raleigh Avenue, known and designated as New Subdivision, Sub -Unit Number 1756. 64th Street from its intersection with the west line of Quail Ridge Addition to its intersection with a line 16' west of the west property line of Raleigh Avenue, known and designated as New Subdivision, Sub -Unit Number 1757. Raleigh Avenue from its intersection with the south lip line of 62nd Street to its intersection with the north lip line of Quaker Avenue, known and designated as New Subdivision, Sub -Unit Number 1758. The eye brow on the west side of Quaker Avenue from 62nd Street to Raleigh Avenue and three alley returns on the west side of Quaker Avenue adjacent to Quail Ridge Addition (Lots 1-75), known and designated as New Subdivision, Sub -Unit Number 1759. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed 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 Citv's portion of the cost and to release escrow money. II. This resolution shall take effect and be in f I PASSED AND APPROVED THIS 8TH DAY OF AUGUST,. 1 ATTEST• Azrz f 4C40 LA , cibFySecr tary APPROVED: s Samuel W. Wahl Samuel W. Wahl, City Engineer APPROVED: Is/ Fred 0. Senter, Jr. _ _ 290 AUG 8 1968 Honorable Mayor and City Council Lubbock, Texas Gentlemen: August 8, 1968 I have examined the paving improvements constructed by Pioneer•Pavers, Inc., paving con- tractor, under their contract with the subdividers of Quail Ridge Addition (Lots 1-75) and find the improvements on the south one-half of 62nd Street from the west line of the Quail Ridge Addi- tion to Quaker Avenue.; 63rd Street from the west line of Quail -Ridge Addition to Raleigh Avenue; 64th Street from the west line of Quail Ridge Addition to Raleigh Avenue; Raleigh Avenue from 62nd Street to Quaker Avenue and the eye brow on the west side of Quaker Avenue from 62nd Street to Raleigh Avenue and three alley returns on the west side of Quaker Avenue 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/or avenues, authorizing payment to the con- tractor 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 QUAIL RIDGE ADDITION (LOTS 1-75) Accepted August 8. 1968 QUANTITIES S.Y. S.Y. S.Y. Gallons 1211 �. Unit & Paving L.F. Alley Valley Extra High Sub -Unit Location 6" Base C & G Return Gutter Asphalt C & G NS 1755 S/2 of 62nd Street from W. 2,218.10 1,156.99 20.12 222 Line. of Quail Ridge Add. to 16' West of WPL Quaker Ave. NS 1756 63rd St. from W.•Line Quail 2,985.60 1,679.40 299 Ridge Add. to Raleigh Ave. NS 1757 64th St. from W. Line Quail 3,087.64 1,746.40 13.11 Ridge Add. to 16' W. of WPL Raleigh Ave. NS 1758 Raleigh Ave. from S. Lip Line 3„826.14 24.22 42.44 of 62nd St. to N. Lip Line Quaker Ave. NS 1759 Eybrow West Side of Quaker Ave. between 62nd St. & 64th .St. and three alley returns on west side of Quaker Ave. TOTALS COST ESTIMATE 12,645.64 S.Y. Paving 6" Base 4,990.18 L.F. Curb & Gutter 74.00 S.Y. Alley Return 148.04 S.Y. Valley Gutter 1,266.00 Gallons Asphalt 1,682.36 L.F. Curb & Gutter (12" High curb) COST DISTRIBUTION 528.16 407.39 36.67 85.48 309 383 1,682.36 53 12,645.64 4,990.18 74.00 148.04 1,266 1,682.36 @ $1.50 @ $1.60 @ $5.50 @ $6.00 @ $0.20 @ $2.50 - CONTRACT COST $ 18., 968.46 7, 984.30 407.00 888.24 253.20 4,205_.90 $ 32,707.10 Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor NS 1755 5,343.45 5,299,05 44.40 NS 1756 7;225.24 7,165.44 59.80 NS 1757 7,559.62 7,497.82 61.80 NS 1758 10,409.56 10,332.96 76.60 NS 1759 -2,169.23 2,158.63 10.60 32,707.10 32,453.90 253.20 68-27-290-700 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (36) 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 Crestview Addition, 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 Crestview Addition including the following streets: Richmond Avenue from 15 feet South of the South Property Line of_58th Street to 3 feet North of F�l r r North one-half of 62nd Street from 16 feet West of the West Property Line of Quaker Avenue to the West Line of Lot 110, Crestview Addition, known and designated as New Subdivision Sub -Unit Number NS 1513. Raleigh Drive from the South Side of the alley stub on the East Side of Raleigh Avenue North of 62nd Street to the North Lip Line of 62nd Street, known and designated as New Subdivision Sub - Unit Number NS 1514. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed 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 from and a PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 1968._ ATTEST: af". Z , 1 0 if MOM" ON Is MROMPI 0 LAVENfALOWE, Cityrs6mtfry 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 Gentlemen: %+v { f%./J W. D. ROGERS, August 8, 1968 passage. t r c I have examined the paving improvements constructed by Pioneer Pavers, Inc., paving contractor, under their contract with the subdividers of Crestview Addition and find the improve- ments on Richmond Avenue from 15' S. of SPL of 518th Street to 3' N. of the alley N. of 59th St.; N 1/2 62nd St. from 16' W. of WPL of Quaker Ave. to W. Line Lot 110, Crestview Addition; Raleigh Dr. from S. Side alley stub E. side of Raleigh Ave. North of 62nd St. to N. Lip Line of 62nd St. 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/or 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 „CRESTVIEW ADDITION Accepted August 8. 1968 QUANTITIES- S.Y. L.F. S.Y. S.Y. Gallons Unit & Paving Curb & Valley Surface Extra Sub-UnitLocation 6" Base Gutter Gutter Only,. Asphalt , NS 1510 Richmond Ave. from 15' 380.44 214.00 S. of SPL of 58th St. to 3' N. of the alley N. of 59th St. NS 1513 N 1/2 62nd St. from 16' 2,219.93 18.29 W. of WPL of Quaker Ave. to W. Line Lot 110 NS 1514 Raleigh Ave. from S.side 31.95 alley stub E. side of Raleigh Ave. North of 62nd Street to N Lip Line of 62nd St. 631.17 38.00 222.00 63.00 TOTALS COST ESTIMATE 631.17 S.Y. Surface only 2,600.37 214.00 50.24 @ $1.20 $ 757.40 n Q1 cn i nnn cc 631.17 323.00 192 8 1968 50.24 S.Y. Valley Gutter @ $6.00 301.44 323.00 Gal- Extra Asphalt @ $0.20 64.60 214.00 L.F. Curb and Gutter @ $1.60 342.40 CONTRACT COST $5,366.40 COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW NS 1510 920.66 913.06 7.60 NS 1513 3,484.04 3,439.64 44.40 NS 1514 961.70 949.10 12.60 I� TOTALS 5,366.40 5,301.80 64.60 68-27-292-701 On this date the City Council again considered Zone Case No. 1548, having been continued from (10) July 28, 1968 - Appeal of Minor Pounds to change property located at the southwest corner of Quirt Avenue and East Main Street from "R-2" to "C-4" zoning district. The Planning and Zoning Commis- sion recommended that this request not be granted. Mr. Minor Pounds, Attorney, appeared before the City Council representing Mr. Loyd Dunlap. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollings- worth, Rigsby, and Turner voting Yea, none voting Nay, to override the recommendation of the Plan- ning and Zoning Commission that the zone of the property not be changed from "R-2" to "C-4" and grant "C-3 " zoning of this property located at the southwest corner of Quirt Avenue and East Main Street. Ordinance No. 5522 being hereby passed on first reading. ORDINANCE NO. 5522 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. 1548: CHANGE LOT ONE, TONROY AND STALNAKER'S SUBDIVISION AN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-3" ZONING DISTRICT; AND PROVIDING FOR PUBLICATION. 68-27-292-702 Mr. Bryon Lee Henderson appeared before the City Council and presented the following application (14) for operation of ambulance service in Lubbock: APPLICATION FOR EMERGENCY AMBULANCE OPERATOR'S LICENSE FROM CITY.OF LUBBOCK Date: August 2, 1968 Request is made for an Emergency Ambulance Operator's License to be issued to 1. Ambulance Corporation, 2314 Broadway, Lubbock, Texas. 2. In the event the City Council determines that an Emergency Ambulance Operator's License should be granted, applicant declares that he has obtained or will obtain liability insur- ance in the.amounts and according to the terms of Sec. 31-37 of the Code of Ordinances of the City of Lubbock. Yes 3. Applicant (s) has - have not been convicted of a felony or a misdemeanor involving a moral turpitude. No 4. Applicant (s) hold a permit issued by the State Board of Health pursuant to authoriza- tion of Article 4590-b of the Texas Civil Statutes. Yes 5. Applicant, if issued a license hereunder, will operate 5 emergency ambulances, the description of which is on the attached Exhibit "A" showing the make, model, motor number and correct state license number of each vehicle. 6. Attached hereto, as Exhibit "B", is a current financial statement of applicant (s). 7. Applicant's complete schedule of rates, charges and fees are attached as Exhibit IC " subject to approval of the City Council in event a license is issued hereunder. 8. The emergency ambulance service is owned by applicant (s) individually as a partner- ship as a corporation doing business under the name of Ambulance Corporation. (Underscore the applicable word or phrase). 9. If applicant is a partnership or corporation, attach as Exhibit "D" the names and post office address of each partner or the names and post office address of each officer of the corporation and the principal stockholders. 10. Applicant (s) state (s) that a copy of Art. IV, Chapter 31 of the Code of Ordinances of the City of Lubbock has been received from the City Secretary and the same has been read and fully understood prior to submission of this application. Applicant (s) further state (s) that all Exhibits attached hereto are hereby incorporated herein by the references thereto and are made a part hereof by such reference for all purposes as though fully copied herein. AMBULANCE SERVICE OF LUBBOCK, INC. By: s Byron -Lee Henderson 1� r .. SWORN AND SUBSCRIBED to before me the undersigned authority by Byron Lee Henderson, to certify which witness my hand this 2nd day of August, 1968. /s/ Monta R. Wolfe TjA%hnrk rminty_ Toxan 2t AUG 8 196 MR 0% M EXHIBIT A Make: Pontiac Consort Model: 1963 Motor Number: 863PI42016 License Number: Texas CGH 508 Make: Pontiac Combination -Consort Model: 1964 Motor Number: 2X18436572 License Number: Texas CFG 97 Make: Chevrolet BelAir Sta.tionwagon Model: 1963 Motor Number: 31635S-254985 License Number:. Texas CDH 974 .Make: Chevrolet Impala Stationwagon Model: 1963 Motor Number: 31235S-143200 License Number.: Texas CDH 970 Make: Pontiac Combination -Consort Model: 1967 Motor Number: 103209 License Number: Texas CFG 96 EXHIBIT B The capital of the corporation shall be $12,500.00. The paid in capital shall be contributed in cash, of which $2,500.00 each shall be paid by each of the five (5) stockholders. EXHIBIT C PROJECTED SCHEDULE .OF RATES, CHARGES & FEES: Transfer call: $20.00 Emergency call: $25.00 Addition $5.00 for use of oxygen EXHIBIT D NAME AND ADDRESS OF EACH PRINCIPAL STOCKHOLDER: Rix Funeral Home, Inc., 1901 Broadway, Lubbock, Texas Sanders Funeral Home, A Partnership, 1420 Main Street, Lubbock, Texas Resthaven Mortuary, Inc., 5740-19th Street, Lubbock, Texas Franklin -Bartley Funeral Home, Inc., 4302 34th Street, Lubbock, Texas Byron Lee Henderson, An individual, 5300 llth Street, Apt. 129, Lubbock, Texas Mr. Bob Bartley appeared before the City Council stating that he wishes to relinquish his present ambulance license for operation of ambulance service since he is to be a stockholder in Ambulance Corp. After consideration of all information presented, and upon agreement by Ambulance Corp. to no.t respond to emergency calls unless requested by the Police Department to do so, motion was made by Councilman Hollingsworth,.seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Turner voting Yea, none voting Nay, that Ambulance Corp. be granted a permit tooperate an emergency ambulance.service under the terms of Ordinance No. 5272. Councilman Rigsby abstained from voting on this motion. 68-27-293-703 Mr. Bruce Kattmann appeared before the City Council requesting removal of "No Left Turn" signs (30) on 19th Street between Avenue H and 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, to authorize removal of No Left Turn" signs on 19th Street , for traffic travel-' ing north and south, at the following locations: y 19th Street and Avenue J 19th Street and Avenue M 19th Street and Avenue N 19th Street and Avenue 0 19th Street and Avenue P 19th Street and Dixie Drive 19th Street and Avenue R 19th Street and Avenue U 19th Street and Avenue W 19th Street and Avenue V 68-27-293-704 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (37a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize purchase of 35,000 pounds of # 25 clay and 900 pounds of #243 Coagulate "A" at an approximate cost of $4,800 for use in operation of the Water Treatment Plant. 68-27-293-705 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (40a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize sale to the Boy Scouts, by the City Purchasing Agent; 10 old light fixtures at the price of 26C each. These fixtures have been replaced by new modern fixtures and are now in storage in the City warehouse. These fixtures will also be sold to any other non-profit organization that wants them. 68-27-293-706 Mr. Evan Roberts of the firm of Stiles, Roberts and Messersmith, architects, appeared before the (43) City Council and presented plans for the new fire station to be located at 49th Street and Quirt Avenue. 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 approval of the plans -as presented and authorize publication of Notice to Bidder for construction of this fire station. Bids to be received September 5, 1968, at 4:30 p.m. .r 294 m 8,1968 NOTICE TO BIDDERS Sealed proposals for the construction of a Fire Station for the City of Lubbock, Texas, addressed to the City Council of Lubbock, Texas, will be received at the Council Room in the Lubbock City Hall until 4:00 P.M., September 5, 1968, at which time they will be opened publicly and read aloud. The City Council will consider the bids on September 12, 1968, at the City Hall, subject to the right to reject any or all bids and to waive formalities. Bids may not be with- drawn after they are submitted. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the greatest amount of the bids submitted and the successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in Texas. Copies of plans and specifications may be procured from Stiles, Roberts and Messersmith, Architects and Engineers, 3307 Avenue X, Lubbock, Texas, upon a deposit of Twenty -Five ($25.00) Dollars as a guarantee of their safe return before the expiration of -ten (10) days after receipt of bids. This deposit will be returned to each bidder upon return of such documents in gogd--condition. CITY BY: "W s CJ W. D. ROGERS, ., Aky0jr. • ATTEST: LAVENk LOWE, City Secretdry-Treasurer 68-27-294-707 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (44) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of $112.12 as full and final payment for paving certificate against property located at 2518 36th Street, being Unit'No. 923 of Ordinance No. 925. 68-27-294-708 A report was given the City Council on the use of sawdust on meat market floors by Dr. David (45) Cowgill, Director of the City -County Health Department; Mr. Walter Breedlove of the Sanitation Division of the City -County Health Department; and Mr. Lowell Johnson, member of the City -County Health Board. Mr. Charles Waters, Attorney, also appeared representing the meat market owners. After consideration of the report given, motion was made by Councilman Turner, seconded by Council- man Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5523 be passed on first reading to regu- late the use of sawdust on meat market floors. ORDINANCE NO. 5523 AN ORDINANCE AMENDING SECTION 13-11 OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING THERETO A NEW PARAGRAPH PROVIDING FOR THE USE OF SANITIZED SAWDUST ON CERTAIN FOOD ESTABLISHMENT FLOORS AS PROVIDED IN THE BODY OF THIS ORDINANCE. PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-294-709 Mr. Ralph Ramos, Mr. Dempsey Taylor and Mrs. Pat Murphy appeared before the City Council and Mrs. (47) Murphy read the following proposal: PROPOSAL TO THE LUBBOCK CITY COUNCIL - There exists in East Lubbock a large group of active citizens engaged in neighborhood improvement. These active citizens participate through three different organizations whose efforts and goals are all basically the same, the development of the Posey neighborhood. The three organi- zations are known as the Posey Neighborhood Improvement Council (P.N. I. C.), the Posey Neighbor- hood Youth Council (P.N.Y.-C.), and the Posey Neighborhood -House Multi -Service Center (M.S.C. #2). P.N.I.C., the adult neighborhood organization, is composed of concerned residents, who are in the process of incorporating as a non-profit organization. It exists for the purpose's of promoting pride and cohesiveness in the pursuit of neighborhood improvement. P.N.Y.C., with which you are already acquainted, is the youth counterpart of the adult council. This youth group recently requested your help in securing building space for their endeavors. The third group, the Multi -Service Center #2, is an O.E.O. funded War on Poverty program. We operate as a neighborhood center concerned with promoting the community development and neighborhood self-help concepts. The M.S.C. #2 is presently existing in a building owned by an outside group, the Lutheran Council for Community Action. We are granted office space -within their building through an in - kind -contribution arrangement. Aside from the fact that there has been some divergence in the philosophies and goals of the M.S.C. #2 and the Lutheran group, the problem of operating space also exists. The M.S.C. #2 has been considerably hampered in its endeavors to operate group clubs -and meetings because only limited activities are allowed for us within the confines of the building. Often, due to a conflict in activity.scheduling, the M.S.C. has been forced to request temporary use of other facilities, e.g. St. Matthews Baptist•Church, private homes, Posey Elemen- tary School, etc. Because the Lutheran Council for Community Action has not been satisfied with the philosophies and programs supported by the M.S.C., it has been asked to find office space elsewhere. Both P.N.I.C. and P.N.Y.C., as non-profit organizations have no monies available for this purpose; the M.S.C. has no money in its budget to support the.cost of buying or leasing building space. We have secured from the Federal Housing Administration a large building which is in good shape, construction -wise. This building is approximately 100 feet by 20 feet, and is two stories high. It is presently arranged into eight apartment units, and is located at 27th Street and Southeast Drive. The proposal that we, as three separate, yet unified, organizations present to you is that our jointly owned building be given to the City of Lubbock. In exchange for this, we request that the City bear the cost of having the building moved from its present location to a lot within the 29 AUG 8 t9 4N M& i Posey area, and to also bear the cost of the lot upon which it is to be placed. In our estimation several problems will have been solved by this action in a unified effort. The Posey youth council has already been assured by the Mayor and the City Councilmen that efforts would be taken by them to secure a community building within the neighborhood which could be used by these youths. Now the adult council and the M.S.C. are also in need of space within which to operate. Because the adult council, the youth council, and the M.S.C., are all aiming for the same goals and are'in accord in terms of philosophies and programming, we feel that an even closer -bond could be formed if we could be housed together. The building is of more that sufficient size to accomodate all concerned. It will provide office space, rooms for counsel- ing, meetings, and social affairs. From this -facility referrals to housing, employment, recrea- tion, and other -social welfare program $ could be made. It is also planned that this facility be used for Health Department and Planned Parenthood'sponsored clinics. It will be used by and will benefit the entire Posey neighborhood. 'Through our joint efforts we believe that we can begin to remove the problems in East Lubbock which confront us and the City of Lubbock. We direct our efforts at alleviating such problems as unemployment and underemployment, poor health, substandard housing and sanitation, high crime and juvenile delinquency rates, and many other problems which result from poverty level incomes. For the majority of our community, an economic level below $3,000 per year is the general rule. This fact has many implications and resultant complications. The figures and statements made below are based on the 1960 and 1965 Census reports. Healthwise, Posey is considered a "red area" (very poor health and housing conditions); in a majority of the area, 10 to 30% of the homes lack plumbing facilities; the majority of the homes are either dilapidated or deteriorating. In 1965, the Posey area had one of the highest numbers of active cases of juvenile delinquency in the City. Unemployment and underemployment are at the critical stages for most of the Posey area, being at or above the critical 6% rate. Because few or no steps have been taken to alleviate the above situations found in 1960 and 1965, it is probable that if they were known today, the figures would show an increase in the gravity of these problems and the number of people affected. The situation in Posey is considered by us to be urgent. Our joint efforts are directed toward organizing such programs as will involve all residents in concerted social action, to alleviate these conditions which tend to isolate our neighborhood from the rest of society. We need the support and help of the City of Lubbock, more now than ever before in our endeavors. For this reason we ask you, the Mayor and the City Council, to favorably receive this request and take positive action in this direction. Please feel free to call upon any of our three groups for any assistance we may be able to give you. ESTIMATED EXPENDITURES $1.00 Building $400.00 Footing $500.00 Painting and repairing $1,000.00 Plumbing $1,500.00 Land Purchase $2,700.00 Moving cost After consideration of the above proposal the City Council unanimously agreed to take this matter under advisement. 68-27-295-710 The City Council considered acceptance of the option to purchase land from Marvin McLarty, John (50) McLarty and John DePauw. The City Council on Jane 13, 1968, received from the owners,an offer to sell this land to the City of Lubbock at a price of $10,000 less than the option originally purchased by the City of Lubbock, provided this offer is exercised by August 15, 1968. On this date, August 8, 1968, 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 request an additional 60 day extension of the offer dated June 6, 1968, and of record in Minute Book 27, Page 210. 68-27-295.711 Motion by Councilman Granberry; seconded by Councilman Rigsby, motion carried, Mayor Rogers and (54) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the City Engineering Department to proceed with construction plans for improvement and widening at the northwest corner of University Avenue and 19th Street as approved by the Board of Director of Texas Tech. 68-27-295-712 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (54a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5524 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5524 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 $15,814.00 For the following purpose: Construction of paving flare at the northwest corner of University Avenue and 19th Street including median adjustments within the inter- section to channelize traffic. 1. 2. Paving, curb and gutter, and relocation of two storm sewer 11 inlets $ 8,178.2,E Adjustments to three medians including removal of portions and reconstruction 3,234.0( 296 AUG 81968 3. Adjustment of Texas Tech Sprinkler System and landscaping 1,000.00 4. Relocation of fire hydrant, water meter, and water main protection 3,40.1.76 Total $15,814.00 68-27-296-713 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (38)• Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize purchase of Parcel 21, Lot 2.0, and the east 45' of Lot 19, Block 1, Tyler Square Addition, being 3402 25th Street from Marvin L. Snodgrass for a consideration of $31,250; Parcel 22, Lot 1, Block 2, Tyler Square Addition, being 3401 25th Street from Earl Sullivan for a consideration of $25,000; and Parcel 29, Lot 20, Block 3, Woodlawn Addition, being-3402 29th Street from W. H. Nelson for a consideration of $21,500. This being for Indiana Avenue right-of-way between 19th and 34th Streets. 68-27-296-714 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (38a) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5525 be passed on first reading. AN APPROPRIATION ORDINANCE. ORDINANCE NO. 5525 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 Funds The sum $77,750.00 For the following purpose: Acquisition of Parcels 21, 22, and 29, Indiana Avenue as further described below. GWO 10519. Parcel 21, Marvin L. Snodgrass. Location is 3402 25th Street. Legal is Lot 20 and the East 45 feet of Lot 19, Block 1, Tyler Square Addi- tion. $31,250.00 Parcel 22, Earl Sullivan. Location is 3401 25th Street. Legal is Lot 1, Block 2, Tyler Square Addition, $25,000.00 Parcel 29, W. H. Nelson. Location is 3402 29th Street. Legal is Lot 20, Block 3, Woodlawn Addition. $21,500.00 68-27-296-715 Mr. Marion Key, Attorney, appeared before the City Council in.connection with construction of (11) motor bank and office tower by Court Place, Inc., (Lubbock National Bank). The City Council unanimously agreed to cooperate with Court Place, Inc., in every way possible to issue the required street use license and franchise. 68-27-296-716 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers (12) 'and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5269 be passed on second and final reading. ORDINANCE NO. 5269 AN ORDINANCE ABANDONING AND CLOSING THE NORTH ONE-HALF OF THE NORTH -SOUTH ALLEY IN BLOCK 119, ORIGINAL TOWN, CITY OF LUBBOCK AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SAID PORTION -OF THE NORTH -SOUTH ALLEY AS AFORESAID. 68-27-296-717 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor (13) 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 Quit Claim Deed to Court Place, Inc., a 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 here- in in detail. Passed by the Council this 8th day of August, 1968. ATTEST: ifA W, /!d LAVEN LOWE, City Secret ry-Treasurer w APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 'E �( AUG 8 196 r r r r r QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 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 NO/100 ($1.00) DOLLARS, and other good and valuable consideration to it in stand paid by Court Place, Inc., a corporation of the County of Lubbock and the State of Texas, the receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and FOREVER QUIT CLAIM unto the said Court Place, Inc., a corpora- tion, its successors and assigns, all its rights, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and the State of Texas, described as follows, to -wit: BEGINNING at a point said point being the North-East corner of Lot 5, Block 119, Original Town, City of Lubbock, Lubbock County, Texas; THENCE South along the East side of said Lot 5, a distance of 125' feet to the South -East corner; THENCE East a distance of 20' feet to the South-West corner of Lot 16, said Block 119, Original Town; THENCE North along the West lines of Lots 16, 17, 18, 19, and 20, a distance of 125' feet to the North-West corner of Lot 20, said Block 119, Original Town; THENCE West 20' feet to the Point of Beginning. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Court Place, Inc., a corporation, of the County of Lubbock, State of Texas, 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 tithe hereafter have, claim or demand any right or title to the aforesaid premise: or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock,'Texas, this 8th d CI7 BY: ATTESL) � ///d LAVEN LOWE, Cityle b� �A e y-f?eirurei APPROVED: /s/ Fred 0. Senter. Jr:. Fred 0. Senter, Jr., City Attorney 68-27-297-718 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (39) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize purchase of Parcel 8, parts of Lots 15, 14, 13, and the east one-half of Lot 12, Block 22, Martin- Ameen Addition for acquisition of right-of-way at 82nd Street and Avenue H from Edwin D. Martin for a consideration of $3,155.94. 68-27-297-719 (39a) 68-27-297-720 (13a) 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. 5526 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5526 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 Funds The sum $3,155.94 For the following purpose: Acquisition of Parcel 8, 82nd Street at.Avenue H, from Edwin D. Martin. Legal description is attached. GWO 10650 Motion 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. RESOLUTION WHEREAS, the City Council has heretofore granted preliminary approval of a street use franchise to be granted to Court Place, Incorporated, and WHEREAS, Court Place, Incorporated has submitted its amended request for such street use franchise; NOW THEREFORE: 120 TT 1DVC/1T1T17n 712V 1MV rTTV rnTTUrTT nV 9MV rTTV AV TTTDLMTT. 198 AUG 8 1968 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 FRANCHISE, 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 bf-?Kn in detail. A Passed by the City Council this 8th day of August, 1968. ATTEST: f LAVENTA LOWE, City ecret y-Treasurer APPROVED: Ls/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney STREET USE FRANCHISE THE STATE OF TEXAS X COUNTY OF LUBBOCK I W. D. ROGERS-�-. r • This indenture made this 8th day of August, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and Court Place, Inc., a corporation, authorized to do business in the State of Texas, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby -grant unto Grantee, its successors and assigns, the right, privileges and franchise to construct, occupy and maintain the uses stated below to e located within portions of Main Street, Texas Avenue and the east -west alley in Block 119, Original Town, City of Lubbock, Lubbock County Texas, as more particularly shown and described on the drawing attached hereto and made a part hereof. The uses permitted hereunder and as shown on the attached drawing, are as follows, to - wit: a. A bumper curb or ledge, approximately six (6) inches above grade projecting approxi- mately one foot into the right of way of the streets and alley as shown on the attached drawing. b. A four (4") inch projection of the marble facing on the multi story building. The projection will be into the street and alley and will extend from the second floor to the top of the building. The top of the building will be approximately 120 feet above grade. c. An underground transformer vault projecting 'ten (10) feet into the alley at the rear of the multi story, or tower part. d. A sub -surface strip of land seven (P) feet in width crossing the street right of way and extending from the Northeast corner of Block 119 to the Southwest corner of Block 104, both in the Original Town of Lubbock. This strip of land will be used for an underground tunnel or passageway and any construction therein will be in the manner and at the depth approved by the City Engineer. 1. The use granted hereby shall not extend to the use of the ground level of the pro- perty above described but shall only permit below surface or building overhang construction, except the bumper curb or ledge. 2. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the City. 3. Grantee shall pay to the City as a compensation for such grant the sum of SIXTY AND NO/100 ($60.00) DOLLARS per year for the duration of this franchise, with the first year payable on execution of -this instrument and a like sum payable on January 1st of each succeeding year for the duration of this franchise. 4. Payment of the annual fee provided above shall be made by Grantee to City on January 1st of each year this franchise is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee 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 franchise and the City Council shall determine whether such franchise shall be considered forfeited and may elect to demand vacation by Grantee. 5. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer. 0 6. The Grantees agree to pay all costs arising out of the exercise of the franchise 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 franchise. Grantee shall keep the alley and/or sidewalk over such underground construction in such condition and repair that it.will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use ofspace underneath and over streets, alleys and sidewalks of said City. 7. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary AUG 8 196 W s fth i or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 8. This franchise is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the franchise herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any or all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this franchise 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 per- mitted herein, City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contrac- tor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 9. Grantee agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to, said City which names the City as an insured, said policy covering the uses herein granted in general and the bumper curb or ledge in particular. 10. At such time as this franchise should be canceled or revoked for any reason, before or after the expiration of the primary term, the improvements that are permitted under this fran- chise shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 11. All of the covenants and provisions of this franchise shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantees, their successors or 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 it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termina- tion or cancellation of this franchise. [NI-1 A - CITY F BY: i • W. D. ROGERS, JR., ATTEST: , ROX40 LAVENA LOWE, City Secret ry-Treasurer AGREED TO AND ACCEPTED this DAY OF , 1968. LICENSEE: COURT PLACE, INC., A CORPORATION BY JAMES A. LITTLEFIELD, VICE PRESIDENT APPROVED: FRED 0. SENTER, JR., City Attorney APPROVED: /s Samuel W. Wahl SAM WAHL, City Engineer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, COUNCIL CITY COUNCIL AD,]'D(IRNED FROM REGULAR MEETING, AUGUST 8, 1968. 1i ATTEST: ,,,,, LAVEN PA LOWE, City Secretary -Treasurer W. D. ROGERS, 34 )( ) AUG 8 1968 READ AND APPROVED THIS THE 22ND DAY OF AUGUST, 1968. ATTES ENIA LOWE, Cit6r Secretary -Treasurer