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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/19745 REGULAR CITY COUNCIL MEETING D t✓ 1 i 9 74 DECEMBER 12, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. inthe regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, Assistant City Attorney Ken Jones and City Secretary -Treasurer Treva Phillips. Absent: City Attorney Fred 0. Senter, Jr. 74-33-435-1158 The invocation was given by Sam Wahl, Director of Public Works. (1) 74-33-435-1159 The Pledge of Allegiance to the flag was given in unison by those present in the Council (2) Chamber. 74-33-435-1160 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (3) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to ap- prove City Council Minutes - Regular Meetings held November 13, 1974 and November 14, 1974, as corrected. 74-33-435-1161 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RFcnl I IT ION WHEREAS, the Texas Mass Transportation Commission will convene to consider recommendations to present to the 64th Texas Legislature; and WHEREAS, one topic to be considered will be state assistance to local governments for mass transportation in view of the federal legislation which proposes to offer assistance in mass transportation with a substantial burden being placed on local governments to match federal funds; and WHEREAS, the City of Lubbock is concerned with the continued operation and development of its mass transportation system with substantially increasing costs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council supports the recommendations of the Texas Mass Transportation Commission to the 64th Texas Legislature to provide state assistance to local governments for mass transportation without penalty to highway fund allotments. Passed by the City Council this 12th day of December, 1974• /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, J r. , City Attorney 74-33-435-1162 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council (9) and presented the following recommendations of the Park and Recreation Board: a. Consider an appropriation ordinance in the amount of $10,000 from Park Bond Funds for dirt work on George Dupree Park and Jack Stevens Park. b. Consider placing deed restrictions on the Lubbock Lake Site archeological area as required by the National Park Services. c. Consider selection of an architect for the addition to the Garden and Arts Center. d. Consider a change order for the new swimming pool on George Woods Park. e. Consider possible use of the old Girl Scout building on Mose Hood Park. 74-33-435-1163 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (9b) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RFCnl I IT I nid 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 Deed Restrictive Covenant Instrument running withthe land sometimes known as the Lubbock Lake Site Archeological Project Area; being done at the special instance and request of the State of Texas to comply with grant funding regulations of the National Park Service of the United States Government, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December, 1974• /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: 436 DEC 12 1974 THE STATE OF TEXAS X DEED RESTRICTIONS COUNTY OF LUBBOCK I The City of Lubbock, a Texas Home Rule Municipality located in Lubbock County, Texas, in consideration of and compliance with the rules and regulations of the National Park Service of the United States Government concerning particularly requirements with respect to documenta- tion necessary for grant funding from said Service for the Lubbock Lake Site Archeological Project (48-73-00033), and at the special instance and request of the State of Texas, the City of Lubbock as owner of the tract of land hereinafter described does hereby impose the following restrictive covenants enforceable by the State of Texas and running with the land, to -wit: RESTRICTIVE COVENANTS (1) THE OWNER (CITY OF LUBBOCK) AND ITS SUCCESSORS IN INTEREST, IF ANY, SHALL OPEN THE PROPERTY TO THE PUBLIC FOR EXTERIOR AND INTERIOR VISITATION NO LESS THAN 12 DAYS A YEAR ON AN EQUITABLY SPACED BASIS AND OTHER TIMES BY APPOINTMENT UNTIL DE- CEMBER 10, 2003. (2) THE OWNER (CITY OF LUBBOCK) AND ITS SUCCESSORS IN INTEREST, IF ANY, SHALL RE- PAIR, MAINTAIN, AND ADMINISTER THE PREMISES SO AS TO PRESERVE THE HISTORICAL INTE- GRITY OF THE FEATURES, MATERIALS, APPEARANCE, WORKMANSHIP, AND ENVIRONMENT UNTIL DE- CEMBER 10, 2003. Said restrictive covenants are hereby imposed upon the following tract of land located in the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows, to -wit: BEGINNING at a 1" iron pipe set in the North line of Section 13 for the Northwest and beginning corner of this tract; from whence the Southwest corner of Section 13, Block A bears North 89049' West, 3582.1 feet; THENCE North 76043130" East, 1101.8 feet to a 1" iron pipe set for a corner of this tract; THENCE South 76044'30" East at 482.05 feet pass the East line of a 95.27 acre tract of land, continuing for a total distance of 572.2 feet to a I" iron pipe set for the Northeast corner of this tract; THENCE South 37038' West at 160.02 feet pass the South line of Section 13 and the North line of Section 18, continuing for a total distance of 913.5 feet to a I" iron pipe set for a corner of this tract; THENCE South 50037'30" West, 529.25 feet to a 1" iron pipe set for a corner of this tract; THENCE North 79008'30" West, 498.5 feet to a 1" iron pipe set for a corner of this tract; THENCE North 37054' West, 380.16 feet to a 1" iron pipe set for the Southwest corner of this tract; THENCE North 6022' East, 546.9 feet to the PLACE OF BEGINNING Containing 29.156 Acres 23.696 Acres in Section 18 5.460 Acres in Section 13 EXECUTED as of the 12th day of December, 1974 CITY OF LUBBOCK, TEXAS ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-436-1164 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (9d) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize Change Order No. 2 to contract with C. B. Thompson Construction Co. for construction of swimming pool on George Woods Park. PROJECT: A SWIMMING POOL FACILITY (Name, address) FOR THE CITY OF LUBBOCK, TEXAS 515 North Zenith Avenue Lubbock, Texas 79403 TO (Contractor) C. B. THOMPSON CONSTRUCTION CO. Post Office Box 6456 Lubbock, Texas 79413 CHANGE ORDER NUMBER: Two (2) PROJECT NO.: HUD-NFG-TX-06-16-1007 ARCHITECTS'S PROJECT NO: 562-73 CONTRACT FOR: General Construction CONTRACT DATE: 17 April 1974 r 437- 74-33-437-1165 (9e) You are directed to make the following changes in this Contract: Provide a circular steel tank approximately six feet high and eight feet in diameter to be placed on a concrete foundation immediately outside the equipment room (North). A six inch line will take the backwash water from the filters into the top of a steel tank. A four inch drain line at the bottom of the tank will be connected to the exist- ing sump pit in the equipment room. This tank will hold the entire amount of the backwash water (approximately 2400 gallons) and let. it drain by gravity to the sump pit and then to the four inch drain line at a rate the line can adequately handle. The tank will have a secure cover and a locked manhole in the top. ----------------------------------------------------------------------------------------------- The original Contract Sum was --------------------------------------------- $ 208,000.00 Net change by previous Change Orders -------------------------------------- $ + 14,189.00 The Contract Sum prior to this Change Order was --------------------------- $ 193,811.00 The Contract Sum will be (unchanged) by this Change Order ----------------- $ None The new Contract Sum including this Change Order will be ------------------ $ 193,811.00 The Contract Time will be (increased) by approximately ninety (90) Days. The Date of Completion as of the date of this Change Order therefore is approximately 1 March 1975• HOWARD SCHMIDT & ASSOCIATES C. B. THOMPSON CONSTRUCTION CITY OF LUBBOCK, TEXAS ARCHITECT CONTRACTOR OWNER 4200 Boston Avenue, Suite 10 Post Office Box 6456 Post Office Box 2000-City Hall Il Address Address Address Lubbock, Texas 79413 Lubbock, Texas 79413 Lubbock, Texas 79457 BY /s/ Howard Schmidt BY /s/ C. B. Thompson BY /s/ ROY BASS, MAYOR DATE 12-12-74 DATE 12-12-74 DATE 12-12-74 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to use the old Girl Scout building on Mose Hood Park as a recreational facility for senior citizens. 74-33-437-1166 The City Council considered the selection of an architect for the addition to the Garden (90 and Arts Center. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the Park and Recreation Board to select an architect for this project. 74-33-437-1167 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (9a) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- ; nance No. 7009 on first reading. ORDINANCE N0. 7009 AN APPROPRIATION ORDINANCE 'I 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: Park Bond Funds The sum $10,000.00 For the following purpose: Labor, material, and equipment necessary for dirt work on George Dupree''Park and Jack Stevens Park. 74-33-437-1168 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, 0 0) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea; none voting Nay to pass Ordinance No. 6999 on second and final reading. ORDINANCE NO. 6999 AN APPROPRIATION ORDINANCE 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 Signal Bond Fund The sum $4,231.00 For the following purpose: Traffic Signal Controller for 6th and Avenue K 74-33-437-1169 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (11) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7000 on second and final reading. 438 DEC 12, 1974 ORDINANCE NO. 7000 AN APPROPRIATION ORDINANCE 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 IMPROVEMENTS The sum $34,192.97 For the following purpose: City's Cost on 1974 Paving Project GWO 10,836A Added by Change Order to project City's part on streets $14,643.11 City's part on alleys 17,549.86 Driveway adjustments 2,000.00 TOTAL CITY COST 3 ,192.97 74-33-438-1170 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7002 on second and final reading. ORDINANCE NO. 7002 AN APPROPRIATION ORDINANCE 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $13,200 For the following purpose: For control Cubicle for Slaton Sub -Station as per bid #3123. 74-33-438-1171 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7003 on second and final reading. ORDINANCE NO. 7003 AN ORDINANCE AMENDING SECTION 18-5 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO REVISE THE REQUIREMENTS WITH RESPECT TO THE OPERATION OF MOTORCYCLES IN THE CITY OF LUBBOCK AS HEREINAFTER SET FORTH IN THE BODY OF THIS ORDINANCE; CONTAINING A SAVINGS CLAUSE AND A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. 74-33-438-1172 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7004 on second and final reading. ORDINANCE NO. 7004 AN ORDINANCE REPEALING ORDINANCES NOS. 5953 AND 5974 OF THE CITY OF LUBBOCK WHICH ES- TABLISHED THE LUBBOCK COMMISSION TO COMBAT DRUG ABUSE. 74-33-438-1173 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing 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 Commercial Concrete Construction Company (G.W.O. 10,836) 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: University Avenue from 96 feet South of Section Line on 82nd Street (West Leg) to 164 feet North of North Property Line of 76th Street (West Side), known and designated as Sub -unit Number 1 of Unit Number 2233• 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. 10,836). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 39 DEC 121 l9j 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. 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 spanner provided in said con- tract, and the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /.s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 10,836 Accepted December 12, 1974 QUANTITIES S.Y. S.Y. S.Y. S.Y. Unit & Paving Paving L.F. Alley Valley Sub -Unit Location 9"Black 6" Base C & G Return Gutter Base 2233-1 University Avenue from 96' 21390.87 3931.65 3941.66 83.39 213.56 South of Section Line on 82nd Street (West Leg) to 164' North of NPL of 76th Street (West Side). COST ESTIMATE 31931.65 S.Y. Paving 6" Base @ $2.15 $8,453.05 21,390.87 S.Y. Paving 9" Black Base @ $5.40 $115,510.70 3,941.66 L.F. Curb & Gutter @ 2.30 $9,065.82 83.39 S.Y. Alley Return @ $11.00 $917.29 213.56 S.Y. Valley Gutter @ $11.00 $2,349.16 CONTRACT COST $136,296.02 COST DISTRIBUTION Unit & Contract Property City Sub -Unit Cost Owner Cost Cost 2233-1 $136,296.02 $42,270.80 $94,025.22 CONTRACT COST $136,296.02 Less Previous Monthly Payments $122,666.41 TOTAL DUE CONTRACTOR 13729. 1 74-33-439-1174 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (16) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING s PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following pootions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein pro- vided, to -wit: STREETS NAME FROM TO Owen Street U.S. 87 Mesa Road North Avenue "E" Owen Street Ailey S. of Owen St. DEC 1 z 1974 Bet. 9th & 10th St. Bet. 69th & 70th St. Bet. 20th S 21st St. ALLEYS Salisbury Ave. Memphis Ave. Flint Ave. To 1 e do Avenue 70th Street Gary Ave. Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetration type of 1-3/4" hot mix type asphaltic suface treatment. Alleys shall be improved b/installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS b The abutting property and owners thereof shall pay and shall be'assessed for all the cost of costructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvemenis plus the cost of the curb, and further provided that if it shall appear at the hearing-, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS c The abutting property and owners thereof shall pay and shall be assessed for a part of t1e remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family ortwo (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50%) of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50%) of the cost of such improvements. Pro- perty which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, and single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting propertyand the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or state- ments on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments. The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if in- curred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. 441 DEC 12 15 i VII. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1974. rsfi11*11l1 /s/ Treva Phillips, City Secretary --Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-441-1175 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (17) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City Council heretofore closed and abandoned a portion of 5th Place, between Pecos Street and Avenue P, in the City of Lubbock, Texas, and by quit -claim deeds conveyed such closed public way to the abutting owners, and WHEREAS, one of the abutting owners has attempted to convey his portion of the closed public way back b the City of Lubbock; and WHEREAS, the City of Lubbock reiterates its previous declaration that such closed public way is no longer needed for public purposes; NOW THEREFORE: BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attempted conveyance by Weston A. Petty of the property described hereinbelow to the City of Lubbock BE and is hereby refused and rej ected. Property is described as follows BEGINNING at a point 52.00 feet East of the Northeast corner of Lot 1, Block 6, Merritt and Wild Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 208.00 feet to a point; THENCE North a distance of 25.00 feet to a point; THENCE East a distance of 183.00 feet to a point; THENCE South 45 degrees, 00 minutes, 00 seconds East a distance of 35.35 feet to the POINT OF BEGINNING. Passed by the City Council this 12th day of December, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-441-1176 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (19) Mayor Bass, Councilmen West, Jordan, Henry and Campbeilivoting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT there is a public need and necessity for the purchase by the City of Lubbock from the Urban Renewal Agency of the City of Lubbock of two tracts of land as more particularly hereinafter described, said tracts of land being necessary to the improvement and/or expansion of a power substation of the Municipal Power and Light System owned and operated by the City of Lubbock. SECTION 2. The purchase price for Said two tracts of land shall be SIX THOUSAND ONE HUNDRED NINETY (6,190.00) DOLLARS. SECTION 3. Said two tracts of land are both located within Block 36, Coronado Addition to the City of Lubbock, Lubbock County, Texas, said two tracts being respectively described by metes and bounds as follows: TRACT ONE BEGINNING at the most Easterly corner of Lot 1, Block 36, CORONADO ADDITION to the City of Lubbock, Lubbock County, Texas; THENCE S18029'05" W along the East line of said Lot 1, a distance of 212.04 feet to the most Southerly corner of said Lot 1 , said corner being in the Northerly Right -of -Way line of the Fort Worth s Denver Railroad; 442 3EC 1 - 1974 74-33-442-1177 (20) 74-33-442-1178 (21) THENCE S 71030'55" E along said Railroad Right -of -Way and along the Southerly line of said Block 36, a distance of 200.00 feet; THENCE N 18029105" E a distance of 200.00 feet to a point in the Southwesterly Right - of -Way line of Coronado Drive; THENCE N 71030'55" W, along said Right -of -Way line of Coronado Drive, a distance of 38.81 feet, to a point of curvature; THENCE Northwesterly along a curve to the right in the Southwesterly Right -of -Way line of Coronado Drive, said curve having a radius of 1085.50 feet, and a chord distance of 161.64 feet to the Place of Beginning. TRACT TWO BEGINNING at the most Northerly corner of Lot 1, Block 36, CORONADO ADDITION to the City of Lubbock, Lubbock County, Texas; THENCE S 18029'05" W along the West line of said Lot 1, a distance of 242.62 feet to the Most Westerly corner of said Lot 1, said corner being in the Northerly Right -of -Way line of the Fort Worth &'•Denver Ra i-d road Right -of -Way; THENCE N 71030-55" W, along sa<i.d Railroad Right -of -Way and along the Southerly line of said Block 36, a distance of 35.00 feet to the Southwest corner of said Block 36. THENCE North along the West line of Block 36, a distance of 303.91 feet to a point in the Southerly Right -of -Way line of Coronado Drive; THENCE S 51001' E, along said line of Coronado Drive a distance of 55.93 feet to a point of curvature; THENCE Southeasterly around a curve to the left in the Southerly Right -of -Way line of Coronado Drive, said curve having a radius of 1085.56 feet, and a chord distance of 83.16 feet to the Place of Beginning. Passed by the City Council this 12th day of December, 1974 ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. , City Attorney Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7010 on first reading. ORDINANCE NO. 7010 AN APPROPRIATION ORDINANCE 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: ELECTRIC LIGHT & POWER SYSTEM REVENUE The sum $6,190.00 BOND FUND For tFefollowing purpose: Acquisition of two tracts of land, adjacent on the East and West side of Lot 1, Block 36, Coronado Addition to the City of Lubbock, Lubbock County, Texas. Land is for improvement and expansion of a power substation located in said Lot 1. Land only--------------$6,190.00 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RFsrn uTI nN 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 an Electric Transmission License to be entered into by and between FORT WORTH AND DENVER RAILWAY COMPANY, as Licensor, and the CITY OF LUBBOCK, TEXAS, as Licensee, on Railroad Company Form 308 500 2-67 ARB covering a power line crossing at Alley Track No. 25, Main Track, Old Engine Spur No. 5, Industry Spur No. 28 and 260 feet of Right of Way in a Northly-Southerly direction at said Railway's Mile Post L-4359+3741 feet, as more particularly shown on map and/or plat attached to and made a part of said License Agreement as Print No. SP 22-1075/312-7, 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. 41 DEC 12 11 r r Passed by the City Council this 12th day of December, 1974. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ELECTRIC TRANSMISSION LINE LICENSE THIS AGREEMENT, Made this 23rd day of October, 1974, between FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called the "COMPANY", party of the first part, and CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, a Texas Home Rule Municipality hereinafter (whether one or more persons or corporations) called the "LICENSEE", Party of the second part. Witnesseth: In Consideration of One hundred ($100.00) dollars initial and only to be paid by the Licensee to the Company immediately upon execution of this agreement, and of the covenants, promises and agreements of the Licensee, hereinafter set forth, and of the faith- ful performance by the Licensee of the same, the Company grants to the Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric transmission line consisting of poles or metal towers supporting 3 wires, 3 phase, 60 cycle, carrying 12,470 volts, across or along the right of way or station grounds of the Company at or near the station of Lubbock, Lubbock County, Texas, the location of said trans- mission line being more particularly described as follows: Said power line crosses over Alley Track #25, Main Track, Old Engine Spur #5, Industry Spur #28 and 260' of right of way in a northerly -southerly direction at Railway's Mile Post L- 359+3741' and being shown upon Print No. S.P. 22-1075/312-7 hereto attached and made a part hereof. For convenience, the said transmission line, with all towers, poles, wires and ap- purtenances thereto, in so far as they relate to said transmission line upon said right of way and station grounds, is hereinafter called the "Transmission Line." In Further Consideration of the foregoing grant, the Licensee covenants and agrees with the Company as follows: lst. The Transmission Line shall be constructed and at all times maintained in strict ac- cordance with current specifications recommended by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the specifications from time to time recom- mended by the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required, in which case con- struction and maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission line shall be so constructed, and at all times so main- tained, that all wires thereof, carrying 300 volts or more, shall have a minimum vertical clearance of thirty six (36) feet over the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and specifications notwithstanding. Further that no transformer shall be installed by the Licensee on said Transmission Line within one hundred (100) feet of the nearest point of the right of way of the Company, except upon written consent of the duly authorized representative of the Company. That the space around the poles or towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and inflammable substance and material by the Licensee. 2nd. It is expressly agreed and understood that when the Licensee undertakes to, at any time, construct or reconstruct, in any manner or way said, transmission line over the property hereinbefore mentioned and described, that before so doing the Licensee will give written notice forty-eight (48) hours in advance of its intention to so do to the local Freigh- Agent of the Company nearest to the transmission line. 3rd. That during the construction and while repairing, renewing or changing the trans- mission line, the Licensee shall conduct the work with care and diligence so that no damage shall occur to the property of the Company, and so that there will be no interference with the operation of the railroad. Licensee will restore the premises of the Company to as good condition as they were before said work was done, all of which shall be at the sole cost and expense of the Licensee. If the Company shall, in a particular instance, determine that it is necessary for its own protection against the danger of damage arising during such work, it shall have the right, but shall not be required, to employ watchmen or other means for its protection; and if it shall do so, then the expense thereof shall be paid by the Licensee. 4th. If the Railway Company, fo.r- itself or on behalf of its lessees or grantees, should at any time or from time to time find it necessary or desirable to make changes in any ex- isting building, track, structure, or overhead or underground installation, or place any additional building, track, structure, or overhead or underground installation on any pre- mises where said wire line is located, the licensee agrees that it will promptly, at its own cost and expense and without cost or expense to the Railway Company or the Railway Company's lessees or grantees, upon receipt of written notice from the Railway Company so to do, re- locate, change, or adjust said wire line as requested or required by the Railway Company. F!` S ) -,'174 5th. That the Licensee shall at all times indemnify and save harmbss the Company (and any tenant company maintaining wires along the right of way of the Company) against loss of or damage to property, and against all claims, demands, actions or causes of action growing out of loss of or damage to property, or injury to or death of persons resulting in any manner from the construction ,-maintenance use, state of repair, or presence of the transmission line upon the Company's premises (except where such loss of or damage to property or such injury to or death of persons is directly caused by the sole negligence of the Company) and shall promp- ly pay to the Company the full amount of any damages which the Company may sustain, incur or become liable for, and all sums which the Company may pay or be compoled to pay in settlement or satisfaction of any such claims, demands, actions or causes of action; but it is under- stood and agreed that the Company shall give to the Licensee prompt written notice of any such claim, demand or cause of action presented to it. It is further agreed that the Licensee shall have the right to defend, and it shall be its duty to defend, at its sole cost and expense all suits brought against the Company upon such claims, demands or causes of action resulting as aforesaid; and the Licensee may at its option, settle or compromise any and all such claims, demands or causes of action as it may deem best, taking all acquittances, discharges and releases therefor on behalf of the Company. The Company shall not be liable for any damage to the transmission line howsoever caused. 6th. Licensee accepts the provisions of this contract and will occupy the premises of the Company subject to and in recognition of all rights of other licensees occupying the railway premises yagreement of the Comp ny prior to the -date of this contract, and will neitier �o an act nor mit to dp an act that will be in violation of the license agreement between the ompar�y and suc�i other licenee. 7th. That if Licensee shall at any time intentionally 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 sixty (60) days after written demand for such performance or compliance shall have been made upon the Licensee by the Company, which written demand shall specify the parti- culars in which there is such failure or refusal to comply, the Company may, at its election, without further notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, the Licensee shall, upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were prior to the construction of said transmission line. In case the Licensee shall fail to make such removal or restora- tion within sixty (60) days the Company may proceed with such work, and the Licensee shall promptly repay to the Company the cost thereof. No waiver by the Company of any default or defaults or the right to terminate this license will 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, the Company may terminate this license on any subsequent default or defaults which may occur; nor shall any termination hereof release the Licensee from any liability or obliga- tion (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination. 8th. That the Licensee shall at all times, at its own expense, maintain the most effec- tive system and use the best known and most effective methods to protect the lines, wires and service of the Company and of any licensee of the Company whose permission to ase the Com- pany's premises antedates the permission herein granted the Licensee, from interference and physical harzard, and if necessary in order to prevent such interference or hazard, the Licensee shall, at its own expense, transpose its circuits or make such shanges in the construction or location of the transmission line as may be specified by the Company. 9th. If the Licensee moves or disturbs any of the property of the Company, then said Licensee agrees to restore said property in as good condition as it was before said property was disturbed by the said Licensee; and it is further expressly agreed and understood in this connection that said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or interfering with the property of the Company, and agrees to pay the Company for any and all damages that the said Company may sustain or have to pay, including court costs and attorney's fees, growing out of the mov- ing or interfering with any property of the Company. lOth. Any notice to be given by the Company to the Licensee hereunder shall be deemed to be properly served if the same be delivered to an executive officer of the Licensee, or if deposited in the Post Office, postpaid, addressed to the Licensee at Box 2000, Lubbock Tex., 7945 7 - llth. In the event the Licensee herein embraces two or more persons or corporations, all the covenants and agreements of the Licensee herein shall be the joint and several covenants and agreements of such persons or corporations. 12th. This agreement shall take effect the date hereof and, unless terminated as above provided, shall continue in force for a period of one (1) year, and thereafter until terminated by either party giving to the other six (6) months' notice in writing, of an intention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and onsuch termination, all rights and privileges of the Licensee shall absolutely cease, ex- cept the right of removal of its property from the premises of the Company. No termination hereof shall affect the rights and liabiiitie§, if any of the parties then or theretofore accrued under this agreement. 13th. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns or heirs, executors and administrators; but the Licensee shall not assign, sublet or lease the premises in question and this contract without the written consent of the Company. In case Licensee does assign, sublet or lease, or attempts to assign, sublet or lease the premises in question and this contract, or if there shall be an assignment by operation of law, without the written consent of the Company, it is expressly agreed and under- stood that insuch event the Company has the option and rigli to cancel this said license and contract immediately and to require Licensee to vacate said premises. Li `4! r r r DEC I _ 14th. It is expressly agreed and understood that if any article or provision of this license and contract shall be held void or illegal, that the same shall not be held to in- validate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this said license and contract. In Witness Whereof, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: Secretary ATTEST: APPROVED: /s/ J. C. Stuart Attorney Recommended; /s/C. R. Vining Ch Wf Engineer /s/ Haswell Supt. Communications & Signals FORT WORTH AND DENVER RAILWAY COMPANY, By Asst. to President CITY OF LUBBOCK, a Texas Home Rule Municipality Licensee By /s/ROY BASS, MAYOR 74-33-445-1179 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (22) Bass, Councilmen West and Henry voting Yea, Councilwoman Jordan and Councilman Campbell voting Nay that the following resolution be passed making a formal offer of $7,523 to Lubbock Poster Company for acquisition of billboard signs in the clearance areas of the Canyon Lakes Project. Tom Nivens, Right -of -Way Agent for the City of Lubbock, appeared and explained that this offer of $7,533 is in accordance with the Federal schedule for de- termining value of billboards. RESOLUTION WHEREAS, it has been determined that the Canyon Lakes Area within the City of Lubbock, Lubbock County, Texas, should be developed for public open space called the Canyon Lakes Project; and, WHEREAS, the Department of Housing and Urban Development (HUD) United States Govern- ment, has contracted with the City for matching funds to aid in the development of said Project; and, WHEREAS, it is necessary to acquire for the Canyon Lakes Project the possessory and use rights for three poster board advertising signs sites located within the Project Area from the owners thereof, to -wit: Lubbock Poster Company, a partnership composed of Iva Edington, a femme sole, and Homer L. Hensley; and, WHEREAS, the City Council has caused two appraisals to be made of said owner's rights, title, and interest with respect to said three poster boards sign sites; and, WHEREAS, after said appraisals were considered, and the City has determined the price to be offered fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the City of Lubbock acquire for the purpose of developing public open space described as the Canyon Lakes Project, all the right, title and interest of Iva Eding- ton and Homer L. Hensley, dba Lubbock Poster Company, a Partnership (as owners) to possessory rights respecting 3 outdoor advertising poster board sign sites, two of which sites are located at or near the North Side of East Nineteenth Street and the other site which is lo- cated at or .near the North Side of East Broadway, all of said sites being in said Canyon Lakes Project Area. SECTION 2. THAT said owners be offered fair market value compensation for all their said right, title, and interests in said sites, in the amount of $7,523.00, and allowed to remove their 3 poster board signs as personal property of said owners for a reduction in compensation to them of $233.00 which this City Council finds to be fair and reasonable. Said offer is to be formalized in writing and spread upon the minutes of this City Council, and when executed by the Mayor of the City of Lubbock and said owners, shall evidence such offer and acceptance and conveyance of interests by said owners in the premises; the owners having previously orrally indicated their willingness to the acceptance of such offer. Passed by the City Council this 12th day of December, 1974. ATTEST: /s/ Treva Phi 1 l ips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ ROY BASS , MAYOR 01 DEC 1 2 19�4 74-33-446-1180 (22a) Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West and Henry voting Yea, Councilwoman Jordan and Councilman Campbell vot- ing Nay that the following resolution be passed authorizing the Mayor to execute an Agreement of Quitclaim and Removal between the City and Lubbock Poster Company concerning removal of three poster board signs from the Canyon Lakes Project. 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 an Agreement of Quitclaim and Removal to be entered into by and between said City and Lubbock Poster Company concerning removal of 3 poster board signs from said City's Canyon Lakes Project, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney AGREEMENT OF QUITCLAIM AND REMOVAL THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the City of Lubbock, Texas, a Texas Home Rule Municipality, located in Lubbock County, Texas, hereinafler called "CITY", in furtherance of its Canyon Lakes Project with respect to the OPEN SPACE PROGRAM in cooperation with and partially federally funded by the Depart- ment of Housing and Urban Development of the United States Government, desires and public need calls for the removal of three poster board signs owned by IVA EDINGTON a femme sole, and HOMER L. HENSLEY, dba LUBBOCK POSTER COMPANY, a Partnership, and both respectively join- ing in herein also in their respective individual'capacities, hereinafter collectively called the"SIGN COMPANY", from the present location of such signs, in order to facilitate the com- pletion of said Canyon Lakes Project; and, WHREAS, SIGN COMPANY is agreeable to removing such signs in the time and manner, and upon the terms and conditions as hereinafter stated; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned CITY and SIGN COMPANY do hereby contract and agree as of the 12th day of December, 1974, as follows, to -wit: 1. That SIGN COMPANY for and in consideration of the amount of $7,523.00 paid to it and/ or them by CITY, does hereby release and quitclaim unto CITY all the right, title, and interest of SIGN COMPANY in and to three poster board site location on land (where fee simple title to the land is owned by the CITY and SIGN COMPANY owns such signs and has certain possessory rights) and SIGN COMPANY hereby releases and relinquishes any and all claims to such sites and any right to further use or possess such sites for any purpose whatsoever in order that h CITY may exp ditte the c pletion of its Canyon Lakes Project. Said poster boar advertisin�gss?gnlh�98hd8��'�iic�ra���np�SPrn�oar�ensions of approximately 12 feet by 25 feet, two of which signs are located at or near the North Side of East Nineteenth Street and the other sign is located at or near the North Side of East Broadway, all in the Canyon Lakes Project area sometimes known as Yellowhouse Canyon., in the City of Lubbock, Lubbock County, Texas. 2. In consideration of a reduction of $233.00 in the total compensation to be paid by the CITY to the SIGN COMPANY, the SIGN COMPANY is hereby granted the right to physically 7— remove (at SIGN COMPANY'S removal expense) all three of said poster board signs and sup- porting braces and/or poles thereof, as the personal property of SIGN COMPANY; PROVIDED, HOWEVER, that such poster board sign removal shall all be accomplished and all holes filled up and debris occassioned by such removal cleared away at expense of SIGN COMPANY within 30 days after the date of execution of this Agreement as hereinabove first written. If such signs or any part thereof are not so removed as agreed by SIGN COMPANY within such 30 day period, then in that event such signs remaining in present location or loca- tions after such 30 day period allowed for removal, shall ipso facto become the property of the CITY for whatsoever dispostion thereof said CITY in its sole discretion may or does deem expedient to the public interest. 3. Said SIGN COMPANY warrants that it has the full authority (as owner of said signs and possessory rights therein) and right to execute this instrument so as to grant to said CITY full, complete, and unencumbered possession of said 3 poster board sign sites to expedite completion of the CITY'S Canyon Lakes Project under the OPEN SPACE PROGRAM of the Department of Housing and Urban Development of the United States Government and/ or its successors or assigns. 447 DEC -: M F EXECUTED as of the date first above -written. ATTEST: CITY OF LUBBOCK, TEXAS /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer LUBBOCK POSTER COMPANY APPROVED AS TO FORM: /s/ IVA EDINGTON, Individually and as Partner /s/ Fred 0. Senter, Jr., City Attorney /s/ HOMER L. HENSLEY, Individually and as Partner 74-33-447-1181 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (23) Mayor Bass, Councilmen West, Jordan, Henry and Campbell 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 an Amendment Agreement to Street Use License recorded at Volume 1352, Page 136 of the Deed Records of Lubbock County, Texas, enter- ed into by and between (as well as this amendment agreement also) the said City of Lubbock, Texas, and Plains Cooperative Oil Mill, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December, 1974. /s/ ROY BASS, MAYOR ATTEST. /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr, City Attorney AMENDMENT TO STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK X WHEREAS, the City of Lubbock, Texas, a Home Rule Municipal Corporation located in Lubbock County, Texas, herein called "CITY", and Plains Cooperative Oil Mill, Inc., a Corporation with its principal office and operations being located in Lubbock County, Texas, herein called "LICENSEE", entered into a Street Use License Agreement under date of June 14, 1973, with City therein as Licensor and Licensee as parties, granting Licensee the right to place a �I fence in, around and about a dedicated public street as more particularly described in said agreement recorded at Volume 1352, Page 136, et seq.; in the Deed Records of Lubbock County, Texas, which agreement as so recorded, is incorporated herein by reference thereto as if fully copied herein in detail at this place and made a part hereof for all purposes; and WHEREAS, Licensee desires and has requested of the City an amendment to said Street Use License so as to allow and/or permit the construction and use of one underground water 1 line in, over, under, upon, along, and across the following described portion of Elm Street in the City of Lubbock, Lubbock County, Texas, to -wit: ;I BEGINNING at a point at the S.W. corner of Lot #3, Block 87 of the Needles Addition; thence due west 80 feet crossing Elm Street; thence north 15 feet; thence east 80 feet; thence south 15 feet arriving back at the starting point; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: SECTION i. In consideration of the mutual covenants of City and Licensee to be kept and performed, the Street Use License Amendment as requested by Licensee is hereby granted by City as described in the preamble hereof subject to the terms and conditions of said original agreement and the terms and conditions of this amendment agreement. SECTION 2. Said water line is to be constructed of minimum class 150 cement line, castiron pipe, being placed underground beneath the surface of Elm Street covered over with at least 42 inches of cover. Said construction shall be subject to approval by the Engineer- ing Department of the City of Lubbock. SECTION 3. All of the provisions of the Street Use License hereby amended shall apply to the use hereby added thereto, to -wit: the construction and use of an underground water line. SECTION 4. The surface of Elm Street shall be forthwith restored to its original conditic (as near as may be) after completion of said water line construction. SECTION 5. Said original Street Use License and this amendment thereto are hereby collectively ratified and confirmed by the undersigned parties hereto by their respective executions hereof done as of the 12th day of December, 1974. 448 }EC 1 ' 974 ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., Oty Atbrney ATTEST: CITY OF LUBBOCK By: /s/ ROY BASS, MAYOR PLAINS COOPERATIVE OIL MILL, INC. By: /s/ JOE RANKIN, PRESIDENT Secretary 74-33-448-1182 (24) Motion was made by Councilman Bass, West, seconded by Councilman Campbell, motion carried, Mayor Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize publication of Notice to Bidders on a portion of the Canyon Lakes water supply system. 74-33-448-1183 (25) Motion was made by Councilman Bass, Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. A RESOLUTION AUTHORIZING THE INCURRENCE OF COSTS IN THE PLANNING AND PREPARATION OF AN APPLICATION FOR BLOCK GRANT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, PUBLIC LAW 93-383. WHEREAS, the City of Lubbock intends to file an application for Block Grant Funds under Title I of the Community Development Act of 1974, between the first day of December, 1974 and the fifteenth day of April, 1975; WHEREAS, it is now considered necessary to incur certain costs in the planning and preparation of said application; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK OF LUBBOCK COUNTY, TEXAS AS FOLLOWS: SECTION 1. The incurrence of necessary costs for the planning and preparation of said application is hereby authorized subject to the budget presented to the City Council and duly adopted. SECTION 2. It is specifically recognized and understood that reimbursement f)r such in- curred costs is dependent upon the appropriation and availability of funds under Title I of the said Community Development Act of 1974, and also the timely submission of the said application in accordance with Section 570.303 of Title 24 of the Code of Federal Regulations. SECTION 3. It is further specifically recognized and understood that the costs incurred as described in this Resolution shall not exceed ten (10) percent of the City of Lubbock's entitlement amount under the said Title I, and all of such costs will be fully documented in the applicant's files. SECTION 4. It is understood that the purposes set forth in the City Council Resolution of November 13, 1974 are hereby re -affirmed. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. Adopted and Approved by the City Council of the City of Lubbock, Lubbock County, Texas, this the 12th day of December, 1974. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-448-1184 The following proposed budget was presented for the operation cF the Community Development De- (26) partment: Proposed Budget 1974-75 Community Development Department (Beginning November 20, 1974) Personal Services Community Development Coordinator and Related Benefits (Social Security, Insurance, Retirement) $11,638 Supplies 221 - Office Supplies $1,500 (Printing of checks $200; printing of handbills for sector meetings W; printing of handouts distributed at sector meeting $100; other office supplies $965) 449a 74-33-449-1185 (27) STATE OF TEXAS COUNTY OF TRAVIS � THIS AGREEMENT, made this 12th day of M 53-18--17 Lubbock County December , 1974, by and between the City of Lubbock, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WEEREAS, the City desires the construction of left turn lanes on U. S. Highway No. 84 at Avenue P in Lubbock and the State will, among other things, provide for the construction of this work within these limits and the City will contribute a fixed amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00), in payment for their portion of this work, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 69486, as it applies to the City, a copy of which is attached hereto and marked "Exhi- bit A« and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be con- structed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00). It is further understood that the State will construct only those items for the City as requested and it is further understood that the contribution of Two Thousand Five Hundred and No/100 Dollars ($2,500.00), by the City, shall 1. '9 DEC 12> 1, 222 - Educational Supplies 200 (Federal Register; various periodicals, related books) 223 - Photographic Supplies 20 (for slide presentations) 224 - Postage 80 (mail -in reply cards) i 800 Total Supplies Miscellaneous Charges 425 - Utilities - Telephone (for coordinator) 200 432 - Boards & Commission (coffee for CDAC) 20 434 - Advertising & Promotion (newspaper ads for 1,500 sector meetings $1,000; other advertising $500) 443 - Surety Bond 10 451 - Dues, Training & Travel (Coordinator trips 510 to HUD in Dallas & Austin related to application pro- cessing, etc.) Total Miscellaneous Charges 2,240 Capital Outla 513 - office Furniture r; Equipment (Filing cabinet) 215 Total Proposed Budget Expenditures $15;�93— i4-33-449-: After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve this budget in the amount of $15,893 for the operation of the Community Development Department. 74-33-449-1185 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (27) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea; none voting Nay that the following resolution be passed. Agreement set in on opposite page 449a. RESOLUTION WHEREAS, the City of Lubbock has determined a need to improve U.S. Highway 84 at Avenue P by the construction of left turn lanes; and WHEREAS, the Texas Highway Department has offered to assist in such project upon the acceptance of the provisions of Minute Order No. 69486 passed by the State Highway Commission; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby accept the provisions contained in Minute Order No. 69486 passed by the State Highway Commission on October 22, 1974 for the construction of left turn lanes on U. S. Highway 84 at Avenue P with the City's share of the construction cost to be $2,500.00 which shall be forwarded to the Texas Highway Department prior to the beginning of construction. Passed by the City Council this 12th day of December, 1974 ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney MINUTE ORDER /s/ROY BASS, MAYOR In LUBBOCK COUNTY on U.S. HIGHWAY 84 in Lubbock at Avenue P, IT IS ORDERED that the City's responsibility for construction of left -turn lanes be and is hereby established at the fixed sum of $2,500 and the State Highway Engineer is authorized to enter into agreement with the City as necessary for such work and directed to proceed in the most feasible and economical manner with construction as planned, financing the State's portion of the cost with Special Job Contingent Funds. Minute Number 69486 Date Passed October 22, 1974 74-33-449-1186 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (28) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7011 on first reading. ORDINANCE N0. 7011 AN APPROPRIATION ORDINANCE 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; hNOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I 0 p E C 1 z 1974 There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $2,500.00 For the following purpose: City's cost in the installation of left turn lane on U.S. 84 at South Avenue P 74-33-450-1187 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilwoman Jordan, Councilnen Henry and Campbell voting Yea, Councilman West voting Nay to pass Ordinance No. 7012 on first reading. ORDINANCE NO. 7012 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 4TH STREET (F.M. 2255), AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE ; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 74-33-450-1188 The City Council considered a reoslution designating areas appropriate for rehabilitation (30) and redevelopment. Orville Alderson, Executive Director of the Urban Renewal Agency, appeared and presented a map showing the areas designated. Jim Bertram, Director of Planning, also appeared. Mrs. Wayne Webb appeared before the City Council in opposition to this resolution. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK FINDING CERTAIN AREAS WITHIN THE CITY TO BE SLUM, BLIGHTED, OR COMBINATIONS THEREOF, AND DESIGNATING THE SAME AS APPROPRIATE FOR URBAN RENEWAL. PROJECTS WHEREAS, certain areas within the City of Lubbock, which are described in the attached Exhibt "A", should be found and determined to be slum areas, blighted areas or combinations thereof, as these terms are defined in the Texas Urban Renewal Law, Article 1269 L-3, V.A.C.S.; and WHEREAS, pursuant to the determination that said areas described in the attached Exhibit "A" are slum, blighted or combinations thereof, the same should be found to be appropriate for an urban renewal project or projects, and an urban renewal plan or Plans, for such areas would be appropriate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT: 1. Certain areas within the City of Lubbock are hereby found and determined to be slum areas, blighted areas, or combinations thereof as said terms are used and defined in the Texas Urban Renewal Law, Article 1269 L-3, V.A.C.S., said areas being described in the attached Exhibit "A". 2. The areas as are described in the attached Exhibit "A", in the City of Lubbock, are appro- priate for an urban renewal project, or projects, and an urban renewal plan, or plans, appro- priate for such project or projects may be undertaken. Passed by the City Council this 12th day of December, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr., City Attorney EXHIBIT "A" REDEVELOPMENT AND REHABILITATION Area #1 /s/ROY BASS, MAYOR BEGINNING at the southwest corner of the intersection of 19th Street and Avenue Q; THENCE in a southerly direction along the west right-of-way line of Avenue Q to a point on the south right-of-way line of 38th Street; THENCE in an easterly directing along the south right-of-way line of 38th Street to a point on the west right-of-way line of Avenue L; THENCE in a southerly direction along the west right-of-way line of Avenue L to a point on the south right-of-way line (if extended in a westerly direction) of the alley between 46th Street and 46th Place; THENCE in an easterly direction along the south right-of-way line (if extended in an easterly direction) of the alley between 46th Street and 46th Place to a point on the west right-of- way line of Avenue H; 51 DEC 12 WHENCE in a southerly direction along the west right-of-way line of Avenue H to a point on the south right-of-way line of 50th Street; THENCE in an easterly direction along the south right-of-way line of 50th Street to a point on the east right-of-way line of Ivory Avenue; THENCE in a southerly direction along the east right-of-way line of Ivory Avenue to a point on the south right-of-way line of 58th Street; THENCE along the south right-of-way line (if extended in an easterly direction) of 58th Street to a point on the east right-of-way line of Quirt Avenue; THENCE in a northerly direction along the east right-of-way line of Quirt Avenue to a point on the south right-of-way line of 50th Street; THENCE in an easterly direction along the south right-of-way line of 50th Street to a point on the east right-of-way line of Panhandle and Santa Fe Railroad; THENCE in a northwesterly direction along the east right-of-way line of Panhandle and Santa Fe Railroad to a point on the south right-of-way line of 37th Street; THENCE in an easterly direction along the south right-of-way line of 37th Street to a point on the east right-of-way line of Guava Avenue; THENCE in a northerly direction along the east right-of-way line of Guava Avenue (if extended in a northerly direction) to a point on the south right-of-way line of East 19th Street; THENCE in an easterly direction along the south right-of-way line of East 19th Street (if extended in an easterly direction) to a point on the east right-of-way line (if extended in a southerly direction) of Olive Avenue; THENCE in a northerly direction along the east right-of-way line (if extended in a southerly direction) of Olive Avenue and North Olive Avenue to a point onihe north right-of-way line (if extended in an easterly direction) of Erskine Street; THENCE in a westerly direction along the north right-of-way line (if extended in aneesterly direction) of Erskine Street to a point on the east right-of-way line of North Quirt Avenue; THENCE in a northerly direction along the east right-of-way line of North Quirt Avenue to a point on the north right-of-way line (if extended in an easterly direction) of Regis Street; THENCE in a westerly direction along the north right-of-way line (if extended in an easterly direction) of Regis Street to a point on the west right-of-way line of the Amarillo Road (US 87) ; THENCE in a southwesterly direction along the west right-of-way line of the Amarillo Road (U.S. 87) to a point on the north right-of-way line (if extended in an easterly direction) of Wabash Street; THENCE in a westerly direction along the north right-of-way line (if extended in an easterly direction) of Wabash Street to a point on the east right-of-way line of North Avenue P. THENCE in a northerly direction along the east right-of-way line of North Avenue P to a point II on the north right-of-way line of Drake Street; THENCE in a westerly direction along the north right-of-way line of Drake Street to a point on the east right-of-way line of the Panhandle and Santa Fe Railroad; THENCE In southerly direction along the east right-bf-way line of the Panhandle and Santa Fe Railroad to a point on the north right-of-way line of Erskine Street; THENCE in a westerly direction along the north right-of-way line of Erskine Street to a point on the east right-of-way line of North Avenue U; THENCE in a northerly direction along the east right-of-way line of North Avenue U to a point on the north right-of-way line (if extended in an easterly direction) of Grinnell Street; THENCE in a westerly direction along the north right-of-way line (if extended in an easterly direction) of Grinnell Street to a pointon the west right-of-way line of North University Avenue; THENCE in a southerly direction along the west right-of-way line of North University Avenue to a point on the north right -of --way line of the Clovis Road (US84); THENCE in a northwesterly direction along the north right-of-way line of Clovis Road (US 84) to a point on the west right-of-way line of North Indiana Avenue; THENCE in a southerly direction along the west right-of-way line of North Indiana Avenue to a point on the north right-of-way line of the alley between Fordham Street and Erskine Street; THENCE in a westerly direction along the north right-of-way line of the alley between Ford- E ham Street and Erskine Street to a point on the west right-of-way line of North Knoxville ; Avenue; THENCE in a southerly direction along the west right-of-way line of North Knoxville Avenue to a point on the south right-of-way line of Erskine Street; 11EC 12 1974 74-33-452-1189 (32) THENCE in an easterly direction along the south right-of-way line of Erskine Street to a point on the west right-of-way line of North Indiana Avenue; THENCE in a southerly, direction along the west right-of-way line of North Indiana Avenue and Indiana Avenue to a point on the south right-of-way line of 4th Street; THINCE in an easterly direction along the south right-of-way line of 4th Street to a point on the west right-of-way line of the Panhandle and Santa Fe Railroad; THENCE in a northeasterly direction along the south right-of-way line of the Panhandle and Santa Fe Railroad to a point on the west right-of-way line of University Avenue; THENCE in a southerly direction along the west right-of-way line of University Avenue to a•point on the south right-of-way line of l9th Street; THENCE in an easterly direction along the south right-of-way line of 19th Street to the point dF beg inn i ng. REDEVELOPMENT AND REHABILITATION Area #2 BEGINNING at the southeast corner of the intersection of the south right-of-way line of 82nd Street and the east right-of-way line of Quirt Avenue; THENCE in a westerly direction along the south right-of-way line of 82nd Street to a point on the east right-of-way line of Avenue H; THENCE in a northerly direction along the east right-of-way of Avenue H to a point on the north right-of-way line of 76th Street; THENCE in an easterly direction along the north right-of-way line of 76th Street to a point on the west right-of-way line of Ash Avenue; THENCE in a northerly direction along the west right-of-way line of Ash Avenue to a point on the north right-of-way line of 74th Street; THENCE in an easterly direction along the north right-of-way line (if extended in an easterly direction) of 74th Street to a point on the east right-of-way line of Quirt Avenue; THENCE in a southerly direction along the east right-of-way line of Quirt Avenue to the point of beginning. Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing Joint Resolution be passed. JOINT RESOLUTION WHEREAS, the City Council of the City of Lubbock and the Board of Trustees of the Lubbock Independent School District have heretofore agreed to a Tax Board of Equalization appointed by each governing body and concurred in by the other body; and WHEREAS, it is the desire and intent to appoint members to the Tax Board of Equalization for the year 1975; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT, ACTING JOINTLY: THAT the following persons are hereby appointed to the Tax Board of Equalization for the year 1975: Connie Britt Lenin Juarez Allan Rosen Jerry Aker Otha Key Roger Batt i ston i Passed by the City Council on December 12, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney John R. Hal 1 , Jr. Haskell Speer Clarence Ervin Froy Salinas Berwyn Tisdel Cam Fannin, Sr. /s/ROY BASS, MAYOR Passed by the Board of Trustees, Lubbock Independent School District ATTEST: APPROVED PRESIDENT 1974. i 53 OLU 1 z 191 74-33-453-1190 The City Council considered a resolution authorizing the Mayor to execute a Fire Protection (33) Agreement with the County of Lubbock. Fire Chief Hershel Sharp appeared and discussed the 1 iabil ity of the City in emergency calls. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed and that the Mayor write a letter to the County Commissioners explaining the City's position in regard to emergency calls. 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 Fire Protection Agreement between the City of Lubbock and Lubbock County, covering fire protection to Lubbock County outside the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney FIRE PROTECTION AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called "COUNTY" and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "CITY', entered into pursuant to Article 2351a-1, V.A.C.S. WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas, has determined that a need exists for fire protection to be provided to protect the property of citizens of Lubbock County, Texas, who reside outside the limits of the City of Lubbock; and WHEREAS, the City of Lubbock agrees to furnish fire protection service upon the terms and conditions stated below. 1. The City agrees that fire fighting equipment shall be furnished in response to fire calls from points beyond the limits of the City of Lubbock, for the consideration herein- after stated, with such fire fighting equipment dispatched to the location of the fire as shall be determined by the Fire Chief or such officer as he directs. 2. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of Five Hundred Six and 67/100 Dollars ($506.67) for response to each call for fire assistance at any rural location in Lubbock County beyond the City Limits of the City of Lubbock during the period fromthe execution date hereof to September 30, 1975, and for each year thereafter unless terminated as hereinafter provided, for which the County agrees and obligates itself that it will pay sixty-six and two-thirds percent (66 2/3%) of the actual operational cost per call to be computed on the same basis as the figure of Five Hundred Six and 67/100 Dollars ($506.67), I.E. by dividing the number of calls (as herein- after defined) into the sum of the current budgeted operating expenses of the City of Lubbock Fire Department, including its Non -Civil Service Support Department, consisting of operation, maintenance, and replacement costs but excluding specifically therefrom capital outlay for new stations, depreciation, cost of capital and any administrative overhead factor and such cost items not applicable to county fire calls, such as amounts allocated to the airport, any and all fire department revenue and the payment to the City Water Department for purchase of water through fire hydrants located within the City Limits; such computation to be verified by the County Auditor each par in advance of presentation to the preparation of the Commissioners' Court budget for Lubbock County, Texas. The "number of calls" as hereinabove used shall be determined by number of all call; responded to by the City of Lubbock Fire Department for the preceding twelve (12) months. 3. This contract shall be and remain in force and effect until terminated by written notice by either party addressed to the County Judge of Lubbock County, or Mayor of the City of Lubbock as the case may be, delivered not less than thirty (30) days prior to the termi- nation date as officially determined by the governing body of the respective parties hereto. �I 4. The County of Lubbock agrees that payment of any obligation arising out of this agree- ment shall be made by the County from current revenues of the County of Lubbock or from a fund established by the County of Lubbock and within the immediate control of the County. 5. The Fire Chief for the City of Lubbock or his designated officer of the Fire De- partment shall make or cause to be made a fire report showing the date, time, location, and I ,54 SE C vz 1974 description of structures burned and his estimate of property damage of each such structure or other damage caused by fire to which fire equipment of the City of Lubbock has been dis- patched beyond the limits of the City of Lubbock and shall file each report with the City Auditor and forward a copy to the County Auditor within seventy-two (72) hours after such fire call ha;been received. 6. It is specifically provided that the acts of any person or persons while fighting fires, traveling to or from fires, or in any manner furnishing fire protection to the citizens of Lubbock County outside the City Limits of the City of Lubbock shall be considered as the acts of agents of the County of Lubbock in all respects notwithstanding such person or persons may be regular employees or firemen of the City of Lubbock. The County of Lubbock shall be liable for the acts of any of the City of Lubbock's employees while engaged in fighting fires outside the City Limits of the City of Lubbock pursuant to this contract entered into between the Commissioners' Court of Lubbock County and the City Council of the City of Lubbock as well S any civil liability related to the furnishing of fire protection service under this contract. 7. It is understood and agreed that in the event an emergency condition exists within the City of Lubbock by reason of one of more fires in progress within the City, the Fire Chief shall determine the advisability of sending fire fighting equipment beyond the limits of the City in response to a fire beyond its limits and the judgment of the Fire Chief shall be final, and the City of Lubbock, its agents, officers, and employees shall be held harmless by the County of Lubbock for any error or omission in ,judgment for any determination made during such emergency period. EXECUTED THIS the 19th day of November, A.D. 1974. COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS ATTEST: By /s/ Rodrick L. Shaw, County Judge /s/ Frank Guess, County Clerk APPROVED AS TO FORM: /s/ Alton R. Griffin, Criminal District Attorney EXECUTED THIS the 12th day of December, A.D. 1974 ATTEST: /s/Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: CITY OF LUBBOCK, TEXAS By /s/ ROY BASS, MAYOR /s/ Fred 0. Senter, Jr., City Attorney 74-33-454-1191 The City Council considered the 1975 bond sale. Sterling Miller, Director of Finance, and Joe (35) Smith, Financial Advisor with the First Southwest Company, appeared before the City Council in regard to this bond sale. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Council- men West, Jordan, Henry and Campbell voting Yea, none voting Nay to set February 27, 1975 as the date for the sale of bonds and authorize the City Secretary to publish a Notice to Bidders for the sale of these bonds. 74-33-454-1192 The City Council considered a request of Lubbock Transit concerning routes and passes.. Ernie (36) Prenevost appeared before the City Council and stated that Federal Senate Bill No. 386 has passed, but as yet, has no guidelines concerning operating subsidies to cities. After con- sideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass,Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to delay implementation of bus route changes for a reasonable time. 74-33-454-1193 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (36a) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to continue bus passes until further notice. 74-33-454-1194 Mike Smiddy, President of the Tech Senate, appeared before the City Council and presented the (37) following resolution stating the sentiment of the Senate concerning a proposed traffic measure to aide the flow of campus traffic: The Student Senate BY: Smiddy SR: 10:11 (Stating the sentiment of the Senate con- cerning a proposed traffic measure to aide the flow of campus traffic) Whereas, Thousands of students, faculty, staff, and administrators of Texas Tech Univer- sity daily battle problems relating to traffic both on and off campus; and Whereas, Two minor changes could and should be made by the City of Lubbock which would greatly serve the interests of the aforementioned groups and large numbers of Lubbock citizens; and t c DEC 12 r r r J Whereas, These changes were suggested by students at Texas Tech University; now, there- fore, be it Resolved, by the Student Senate of Texas Tech University, That the Senate of Texas Tech hereby requests and encourages the Lubbock City Council to recommend and order the following changes relating to traffic: (1) Provide a protected left -turn arrow -signal of an appropriate -time period for traffic traveling south on Flint Avenue at the intersection of"i19th Street; and (2) Provide an adequate left -turn lane carved from the median for traffic traveling east on 19th Street desiring to turn left onto Hartford Avenue; and (3) Provide a turn signal at 6th Street and Tech Freeway (Brownfield Highway) with a blinking yellow light during off -hours; and, be it further Resolved, That these changes will facilitate ingress and egress from the Tech campus and parking areas and will generally contribute to a smoother flow of traffic in the campus area; and, be it further Resolved, That a copy of this resolution be forwarded without delay to individual members of the Lubbock City Council for their prompt consideration and action. Bill McDaniel, Director of Traffic, appeared and made recommendations regarding traffic in this area. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to change parking along the Tech Freeway to make it compatible with parking restrictions adjacent to the Auditorium -Coliseum. Bill McDaniel, Director of Traffic, was instructed by the City Council to make further study of problems mentioned in the above resolution and report back to the City Council at the next meeting. 74-33-455-1195 The City Council considered write-off of the delinquent accounts of the Great Plains Life (38) Building, Greenfair Manor and Hub Homes. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to write off the Great Plains Account. It was the general consensus of the City Council to pursue the collection of the Greenfair Manor and Hub Homes accounts. 74-33-455-1196 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,rone voting Nay to pass Ordi- nance No. 7013 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 7013 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: Civic The sum $24,000.00 Center Bond Funds For the following purpose: For engineering testing and for printing of plans for Civic Center 74-33-455-1197 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (40) Bass, Counciften West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7014 on first reading. ORDINANCE NO. 7014 AN APPROPRIATION ORDINANCE 74-33-455-1198 (41) 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: Civic Center Bond Fund The sum $252,400.00 For the following purpose: To purchase miscellaneous furnishings, fixtures, and equipment not included in general contract. Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7015 on first reading. G 1 'L 1974 ORDINANCE NO. 7015 AN APPROPRIATION ORDINANCE 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 hreby appropriated out of the following described bond fund, to -wit: Civic Center Bond Fund 0 The sum $434,300.00 For the following purpose: To purchase fixed furnishings, fixtures, and equipment for the Civic Center. 74-33-456-1199 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7016 on first reading. ORDINANCE N0. 7016 AN APPROPRIATION ORDINANCE 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: Civic Center Bond Fund The sum $219,564.00 For the following purpose: To amend appropriation ordinance 6043 for additional architectural services due to contract overruns and for architectural services for fixed furnishings and equipment not included on general contract. Ordinance No. 6043 $363,000 This Ordinance 219,564 $582,564 74-33-456-1200 The City Council considered the claim of Roger and Marilyn Smith in the amount of $1,084.84 (43) for food spoilage and damage to appliances. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pay this claim in the amount of $1,084.84. 74-33-456-1201 The City Council considered the possibility of changing the ballots for the January 15, 1975 (44) election. After consideration of all information presented, motion was made by Councilwoman Jordan (regarding the straw vote) to keep the same wording except add billboards. This motion died for lack of a second. Motion was made by Councilman West, seconded by Councilman Campbell, to change the wording on Amendment No. i of the Charter Amendment ballot to read as follows: "For or against a ward system, -with 7 members of the City Council, 6 living in 6 different wards of the City and the Mayor to be elected at large; Mayor Pro Tem to be elected by the Council at the end of 4 years, and thereafter once each year". This motion failed to carry by the following vote: Council- men West and Campbell voting Yea, Mayor Bass, Councilwoman Jordan and Councilman Henry voting Nay. Motion was made by Councilman West to strike all wording on enlarging the City Council and leave only the issue concerning advertising bond sales. This motion died for lack of a second. Motion was made by Councilman Campbell, seconded by Councilman West to remove Council expansion issue. This motion failed to carry by the following vote: Councilmen West and Campbell voting Yea, Mayor Bass, Councilwoman Jordan and Councilman Henry voting Nay. Motion was made by Councilman Henry, seconded by Councilman West to change the wording on the straw vote ballot to read as follows: "For or Against the providing of uniform standards to limit the size and placement of signs and billboards". This motion carried by the following vote: Mayor Bass, Councilmen West, Jordan and Henry voting Yea, Councilman Campbell voting Nay. Motion was made by Councilman Henry, seconded by Councilman Campbell to change the date of the election to January 21, 1975. This motion failed to carry by the following vote: Councilmen Henry and Campbell voting Yea, Mayor Bass, Councilman West and Councilwoman Jordan voting Nay. Motion was made by Councilwoman Jordan, seconded by Councilman Henry to change the date of the election -to January 18, 1975. This motion failed to carry by the following vote: Councilwoman Jordan and Councilman Henry voting Yea, Mayor Bass, Councilmen West and Campbell voting Nay. DEC 12 it 74-33-457-1202 The City Council considered a Joint Resolution with the Lubbock Independent School District (46) regarding the Community Action Board which was passed by the City Council November 14, 1974. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to modify the November 14 resolution to clarify the position of the School District regarding the operation of the Day Care Center Program. 74-33-457-1203 The following bids were received for the purchase of miscellaneous electrick.items for ware- (47) house stock, being Bid No. 3158 and Bid No. 3151. Bid Tabulation set in Bid Book. After consideration of all information presented, motion was made by Councilman West, secondec by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply Company on Items 1 through 6 and accept the bid of Southwestern Electric Supply Co. for the purchase of Item 7, all being Bid No. 3158; accept the bid of Temple Inc. for the pur- chase of Item I and 2 of Bid No. 3151. 74-33-457-1204 The following bids were received for the purchase of recorders and transmitters and P.H. (48) system recorder parts for monitoring acidity in the cooling towers for Electric Production, being Bid No. 3172 and Bid No. 3174. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Honeywell, Inc., San Antonio on Bid No. 3172 and accept the bid of Universal Interloc, Inc., Santa Ana, Calif., on Bid No. 3174. 74-33-457-1205 The following bids were received for the purchase of various sized water meters, to establish (49) price for a period of one year, being Bid No. 3154. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Municipal S Utility Div., Rockwell Internatic al, Houston, for the purchase of water meters. 74-33-457-1206 The following bids were received for the purchase of traffic markers for warehouse stock, (50) being Bid No. 3175. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Signal Products Division, Niles, Illinois, for the purchase of traffic markers for warehouse stock. 74-33-457-1207 The following bids were received for the purchase of water items (manhole rings and lids (51) and manhole precast joirts), being Bid No. 3173 and Bid No. 3171. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fields & Co. for manhole rings and lids, being Bid No. 3173; and accept the bid of Gifford -Hill Pipe Co., Amarillo, for the purchase of pre -cast manhole joints and accept the bid of Tri-State Precast Products, Inc., Canyon for the purchase of pre -cast manhole cones, being Bid No. 3171. 74-33-457-1208 The tollowing bids were received for the purchase of 13 mobil transceivers and monitors (57) for various departments, being Bid No. 3167. Bid Tabulation set in Bid Boot:. After consideration of all 'bids received, motion was :-made by Councilman West, seconded by Councilwoman Jordan, motion. carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting "lay to accept the Bid of Motorola, Inc. for the pu,-cha5e of mobil transceivers and monitors 'for various departments. 74-33-1,57-1209 The following bids were received for the purchase of gutter broom steel and filament (for (53) fabricating brooms for street sweepers) and traffic glass beads for warehouse stock, being Bid No. 3184 and Bid No. 3185. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Don A. Wren Co., Pasadena, Calif., for the purchase of Item 1 and accept the bid of F.M.C. Corp., Pomona, Calif., for the purchase of Item 2 on Bid No. 3184; accept the bid of Flex-O-Lite Division, St. Louis, Missouri, for the purchase of traffic glass beads, being Bid No. 3185. wa RAN 4 74-33-458-1210 The following bids were received for the purchase of grass seed for the Park Department, being (54) Bid No. 3178. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbo l voting Yea, none voting Nay to accept the bid of Williamson Seed Company for the purchase of grass seeds. 0 74-33-458-1211 The following bids were received for the purchase of tractors and equipment for various depart- (55) ments, being Bid No. 3155- Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Case Power & Equipment Co -for the purchase of Items i and 3 and accept the bid of Yellowhouse Machinery Co. for the purchase of Item 2. 74-33-458-1212 The following bids were received for the purchase of miscellaneous fire equipment for the (56) Fire Department, being Bid No. 3166. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fire Appliance Company of Texas, Wichita Falls, for the purchase of Items 1 and 2; accept the bid of West Texas Fire Extinguisher Co., San Angelo for the purchase of item 3; accept the bid of W.H. Lumpkin, Dallas, for the purchase of Item 4; accept the bid of Daco Fire Equipment Co. for the purchase of Items 5, 7, and 9; accept the bid of W.S. Darley & Co., Melrose Park, Illinois, for the purchase of Item 8. '4-33-458-1213 The following bids were received for the purchase of galvanized steel pipe and cast iron pipe (57) for warehouse stock, being Bid No. 3176 and Bid No. 3180. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Lakewood Pipe of Texas on Bid No. 3176 and accept the bid of Clow Corp,, Birmingham, Alabama, on Bid No. 3180. 4-33-458-1214 The following bids were received for the Maintenance Seal Coat Program for 1975, being Bid (58) No. 3186. Bid Tabulation set in bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Turner Construction Co. for the 1975 Main- tenance Seal Coat Program. 4-33-458-1215 The following bids were received for the purchase of one motor grader and one roller for the (59) Public Works Department, being Bid No. 3162. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Concilman West, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Yellowhouse Machinery Co. for the purchase of Item i and accept the bid of Plains Machinery Co. for the purchase of Item 2. +-33-458-1216 The following bids were received for the purchase of three dump trucks for the Public Works (61) Department, being Bid No. 3214. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of South Plains International Truck Co. for the purchase of dump trucks for the Public Works Department. +-33-458-1217 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (62) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint George Scott and reappoint Mrs.James V. Reese to the Housing Authority Board. These terms are for two years and will expire December 27, 1976. 74-33-459-1218 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (63) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Dr. Curtis Driver to the Library Board. This term is for three years and will expire De- cember 31, 1977 74-33-459-1219 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (64) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Dr. James W. Kitchen to the Park and Recreation Board to replace Dr. Dan M. Wells who re- signed. This term expires March 31, 1976. 74-33-459-1220 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (67) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing 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 execut( for and on behalf of the City of Lubbock a Release to MINNESOTA MINING AND MANUFACTURING COM- PANY as full settlement of damages, injuries and losses occuring from installation of "Tartan" Surfacing in the Lubbock Municipal Coliseum, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ bred--O. Senter, Jr., City Attorney RELEASE THE STATE OF TEXAS X COUNTY OF LUBBOCK I /s/ROY BASS, MAYOR THAT, in consideration of the sum of SEVEN THOUSAND FIVE HUNDRED AND NO /100 ($7,5 00.00) DOLLARS, paid to the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, and CIVIC LUBBOCK, INC., a Texas Non -Profit Corporation, being the parties and entities undersigned executing this Release, cash in hand paid by the MINNESOTA MINING AND MANU- FACTURING COMPANY, a Delaware Corporation, the receipt and sufficiency of which is hereby acknowledged, the said CITY OF LUBBOCK, TEXAS, and CIVIC LUBBOCK INC., do hereby accept the same in full payment and in full compensation and settlement for, and do hereby release and forever discharge the said MINNESOTA MINING AND MANUFACTURING COMPANY, its legal rep- resentatives and successors, of and from all causes of action, damages, liabilities, expenses and costs, whatsoever on account of any and all warranties, guarantees or assurances, whether orally or in writing which could or may have arisen inducing the original decision to purchas and install "TARTAN" Brand Surfacing in the Lubbock Auditorium Coliseum, in the City of Lubbock; and inc;l:uding any and all statement, representations, advertising or assurances given in relation to same which may have or could have supported reliance upon same by the undersigned; and including all work, services, directions, specifications or other activities in any manner whatsoever related to same by officers, agents or employees of the MINNESOTA MINING AND MANUFACTURING COMPANY; and including any defects related to said flooiling, its materials, construction, installation, base or sub -base, whether known to the undersigned or which may subsequently be discovered, if any for which said MINNESOTA MINING AND MANU- FACTURING COMPANY could be legal-],y accountable. The intention hereof being to completely, absolutely and finally release the said MINNESOTA MINING AND MANUFACTURING COMPANY, its legal representatives and successors, from all defined libilities relating to the activities above described. The undersigned understand and agree that thepayment of said sum is not to be construed as an admission of any liability on the part of the said MINNESOTA MINING AND MANUFACTURING COMPANY, and the undersigned represent that the execution of this Release is a voluntary act and that no representations were made on behalf of the MINNESOTA MINING AND MANUFACTUR- ING COMPANY, by its legal representatives, agents or employees as an inducement for the execution of this Release. The undersigned warrant that no part of this claim against the MINNESOTA MINING AND MANUFACTURING COMPANY has been assigned to any other person or group of persons in whole or in part. It is understood that no person or persons has authority for or on behalf of the MINNESOTA MINING AND MANUFACTURING COMPANY to make any -representa- tion or promises or offer any consideration not herein expressed. Each of the undersigned have read or have had read to each of us, all the foregoing Release, and each of us have voluntarily executed said Release as the act and deed of the entity indicated and for the purposes and consideration herein expressed this the 12th day of December, 1974• This Release is executed on behalf of the City of Lubbock, Texas, by its Mayor, ROY BASS, as duly authorized by Resolution of the City Council of the City of Lubbock, Texas, dated the 12th day of December, 1974; and on behalf of CIVIC LUBBOCK INC., a Texas Non - Profit Corporation, by its President, W.R. MOSS, as duly authorized by Resolution of CIVIC LUBBOCK, INC., dated the 6th day of December, 1974. 1E C 12 1974 The CITY OF LUBBOCK, A Home Rule CIVIC LUBBOCK, INC., A Texas Municipal Corporation of Lubbock, Non -Profit Corporation County, Texas /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ W. R. Moss, President ATTEST: /s/ John A. Seiler, Secretary 74-33-460-1221 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize release of a paving lien on the west 50' of the south one-half of Tract 17, Arnett -Benson Addition to Western Title Company for a consideration of $468.09. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, DECEMBER 12, 1974. ROY BASS, MAYOR ATTEST: TREVA PHILLIPS, CITY S CRETARY-TREASURER READ AND APPROVED THIS THE January 9, 1975. ROY BASS, MAYOR ATTEST• TREVA PHILLIPS, CITYSECRETARY-TREASURER