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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/10/196836 OCT 10 jc re F r r F 68-27-367-892 (1) 68-27-367-893 (2 ) 68-27-367-8.94 (3 ) 68-27-367-895 (3a) October 10, 1968 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock; Tttxas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Deaton Rigsby, and Morris W. Turner, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: Councilman Lonnie F. Hollingsworth The invocation was given by Councilman Deaton Rigsby. The Pledge of Allegiance to the Flag was given in unison by those in the Council Chamber. Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner. voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held September 25, 1968; Regular Meeting held September 26 1968; Special Called Meeting held October 4, 1968. Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the following be passed. THE CITY COUNCIL LUBBOCK, TEXAS RESOLUTION WHEREAS, Fred E. West was a dynamic young man who represented the citizens of Lubbock County ably as their county attorney, and WHEREAS, the vitality, enthusiasm and youthful vigor expressed by Fred E. West is under- stood and appreciated by the City Council of the City of Lubbock, as it is composed of young men who, share his -belief in Lubbock and share his work for a better community, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby expresses its appreciation for the outstanding public service of. Fred E. West, and The City Council extends to the family of Fred E. West its sympathy and offers its comfort to them in this time of their great loss. Presented by Dr. James H. Granberry this 10th day of October, 1968. Passed by the City Council this loth day of October, 1968. Is/J. H. Granberry DDS J. H. Granberry, Mayor Pro-Tem /s/ Lonnie F. Hollingsworth Lonnie F. Hollingsworth /s/ Deaton Rigsby Deaton Rigsby /s/ Morris W. Turner Morris W. Turner Councilmen ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney W. D. 68-27-367-896 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (10) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that.Ordinance No. 5547 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5547 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate 68 ,T 10 1968 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $10,000.00 For the following purpose: Construction of medians at the intersections of Quaker Avenue and 19th Street, Quaker Avenue and Brownfield Highway. 68-27-368-897 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (11) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, --.that Ordinance No. 5550 be passed on second and final reading. AN APPROPRIATION ORDINANCE. ORDINANCE NO. 5550 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 The sum $11,750 Improvement Funds For the following purpose: Acquisition of Parcel 3, University Avenue, from V. J. Lowrance and wife Myrtle Lores Lowrance., The address is 2501 35th Street. The legal description is Lot 1, Block 2, Kinser Addition to the City of Lubbock, Lubbock County, Texas. GWO 10655 68-27-368-898 Motion by Councilman Granberry, seconded -by Councilman Turner, motion carried, Mayor Rogers and (12) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5551 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5551 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond•fund, to -wit: Street Improvement Funds The sum $6,750.00 For the following purpose: Acquisition of Parcel 7, 82nd Street right of way, from the C. S. Ameen Estate., et al. The legal description of this parcel is attached hereto. It may be further described as being part of a tract of land at the Northeast corner of the intersection of 82nd Street with Avenue H (U. S. Highway 87 South). GWO 10650 68-27-368-899 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (13) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5552 be passed on second and final reading. AN APPROPRIATION ORDINANCE ...ORDINANCE NO. 5552 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $8,000.00 For the following purpose: Acquisition of Parcels 8 and 9, Indiana Avenue. Parcel 9 is owned by Mr. and Mrs. Raymond Allen. The address is 3402 22nd Place. The legal description is Lot 20, Block 2, Squyres Place Addition. The consideration is $5,500.00. Parcel 8 is owned by Robert E. Gee. The address is 3401 22nd Street. The legal description is Lot 1, Block 2, Squyres Place Addition. The total consideration for the purchase of this lot is $5,500.00; however, ordinance 5480 had previously appropriated $3,000.00 for this parcel, leaving an additional appro- priation herein of $2,500.00. GWO 10519 68-27-368-900 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (14) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance-No..5553 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5553 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; OCT 10 1c F r F F NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The sum $3,770.00 For the following purpose: Acquisition of Parcel 8, College Avenue (Now University Avenue) under GWO 10495 (19th.St.reet to 34th Street project) from A. C. Hull and Joy L. Riddle. This is a supplement.to Appropriation Ordinance No. 5212, which appropriated $37,500.00 as the award of the Special Commissioners in Condemnation. The condemnation was Cause No. 14484 in -County Court at Uw No. 1. The property being acquired is Lot 22, Block 19, Ellwood Place ,Addition which was also known by the street address, 2502 23rd Street. 68-27-369-901 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (15) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5554 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5554 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certait specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Fund The sum $84,620.00 For the following purpose: Construction of Fire Station No. 10 in the vicinity of East 48th Street and Quirt Avenue. 68-27-369-902 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (16) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5541 be passed on second and final reading. ORDINANCE NO. 5541 . AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1563: CHANGE LOTS 5 THRU 20, BLOCK 14, PHYLLIS WHEATLEY SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY,. TEXAS, FROM AN "R-2" TO AN "M-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-369-903 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (17) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5542 be passed on second and final reading. ORDINANCE NO. 5542 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: PROFESSIONAL TYPE OFFICES IN ZONE CASE NO. 1566 ON A TRACT OF LAND OUT OF SECTION 17, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-369-904 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (18) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5543 be passed on second and final reading. ORDINANCE NO. 5543 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1543: CHANGE LOTS TEN THROUGH TWELVE, BLOCK TWO, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "AM" ZONING DISTRICT; AND PROVIDING FOR PUBLICATION. 68-27-369-905 Motion by Councilman Granberry,, seconded by Councilman Turner, motion carried, Mayor Rogers and (19) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5544 be passed on second and final reading. ORDINANCE NO. 5544 AN ORDMANCE•AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY AMENDING SECTION 19.4-5 THEREOF GOVERNING APPEALS TO THE BOARD OF ADJUSTMENT INVOLVING PROPERTY INCLUDED IN APPEAL TO THE BOARD WITHIN PRECEDING SIX MONTHS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATIO 68-27-369-906 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (22) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of the price and conditions for the sale of the north 50 feet of Land Disposition Parcel 18-3 to Alberta Horton by the Urban Renewal Agency of the City of Lubbock for a consideration of $1,300. Said property is legally described as Lot 26, Block 58, Ora Vista Addition, a subdivision of Block 58, Wheelock's Second Addition. It is to be developed as a single family home in accordanc with the Urban Renewal Plan for the Coronado Project. 37 ',T 10 1968 68-27-370-907 (23) 68-27-370-908 (24) Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Council on September 12, 1968 passed a resolution providing for the outer- most curb and gutter improvements of a portion of Avenue A from 45th Street to 60th Street in the .City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the portion of Avenue A as named in said resolution, and, WHEREAS, the -City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering the curb and gutter improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of mater- ials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS the loth day of October, 196 ATTEST LAVENIA LOWE, City Secr ary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isf Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney Motion by Councilman Rigsby, seconded by Councilman Granberry, motion -carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the following resolu- tion be passed. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along -the boundaries thereof, be improved as herein provided, to -wit: STREET Avenue J ALLEY E-W between 21st St. & 22nd St. FROM TO 29th Street 32nd Street FROM TO Gary Ave. Hartford Ave. xz. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grad- ing and filling same, by installing concrete curb and gutters, by installing concrete curb and gutters, by installing a ten (10) foot wide reinforcement concrete strip in the alleys, reinforced concrete railroad crossings, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and -by surfacing with five (5) course asphaltic surface treatment (Penetration type). III. 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: 1. Railways and street railways using, occupying or crossing any portion of said streets, high- ways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost 37 OCT 10 p of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. 1-a. Railways and street railways using, occupying or crossing any portion of said 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. 2. The abutting property and owners thereof shall pay and shall be assessed for all the cost of i constructing curbs ici 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 (1) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost•of the improvements 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., 2-a. The abutting property and the owners thereof shall be assessed for alley paving in the following manner. Alleys'to be improved which are single family or two (2) family residential on both sides will be assessed for fifty (50)% of the cost and the alleys, where there are commercia: or semi -commercial usage or zones on one side and residential -property on the other side, propert, used for a single family residence will not be assessed. Property used for -or, if vacant, zoned for two (2) family residential purposes will be -assessed fifty per cent (50)% of the cost. Pro- perty used for or; if vacant, zoned for three (3) family residential purposes or more will be assessed ninety (90)% of the cost as will commercial and semi -commercial property. Said owners of abutting property shall pay and shall be assessed for all the cost of constructing said alley paving adjacent to such respective property and a part of the remaining cost of such improvements; after deducting the sum to be paid by the railways under sub -paragraph I -a. above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements, 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 enhance- ment value thereof by means of such improvements will not aggregate such proportion of the cost a: specified above, then there shall be assessed and be paid by such abutting property and the owner; thereof, a lesser amount not to exceed the benefits. 3. The remaining cost of said improvements, after -deducting the sums finally assessed against railways and street railways under sub -paragraph 1, 1-a, hereof, and against abutting property anc the owners thereof under sub -paragraph 2, 2-a, 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 statements on or before ten 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 on street improvements and 7% per annum of alley improvements. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second and third one and two 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 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 incurret 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 1105 B 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. vIl. . F This resolution shall take effect and be in force PASSED AND APPROVED THIS IOTH DAY OF OCTOBER, 1961 ATTEST: I 1AVENIA LOW$, City Secret ry APPROVED: _/s/ Fred 0. Senter. Jr_. Fred 0. Senter, Jr.,•City Attorney from and after /s Wilford D.-Watson iWilford D. Watson, City Engineer ;T 10 1968 68-27-372-909 (24a) 68-27-372-910 (25) This work not to be done at this time. Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea,.none.voting Nay, that the following resolu- tion be passed. GWO 2969 GWO 2970 RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City'Council on September 12, 1968, on September 26, 1968, and on October 10, 1968, passed resolutions providing for the improvements of a portion of streets, highways, avenues and/or alleys -in the City of Lubbock, Texas, and along the boundaries of said City, to be done under General Work Orders No. 2969 and 2970 and directing preparation of.plans and specifications covering the streets, highways, avenues -and/or alleys as named in said resolutions; and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT; the plans and specifications submitted by the City Engineer covering improvements con- templated by said resolutions, BE, and the same are hereby approved and the Mayor and City Secre- tary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO.ORDERED. PASSED AND APPROVED THIS the 10th day of October, 196 ATTEST: LAVENLA LOWS, sty APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred-O. Senter,_ Jr__ FRED 0. SENTER, JR., City Attorney Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner, voting Yea, none voting Nay, that the following resolu- tion be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock by resolutions on September 12, 1968, and September 26, 1968, at regular sessions of the said City Council declared a necessity for and ordered the improvement of those certain highways and/or streets or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by the construction of the outermost curb and gutter improvements and directed the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of highways and/or streets have been duly approved by the City Council of the City of Lubbock, Lubbock, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas, to be necessary in the public interest to make the improvements herein designated on those certain high- ways and/or streets or portions thereof, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK.* THAT improving the hereinafter described highways and/or streets or portions thereof, located within the City of Lubbock by construction of the outermost curb and gutter which is hereby found to be a necessity on the following highway and/or streets or portions thereof to be designated and defined by Units and Sub -Units, to -wit: Idalou Road (U.S. Highway 62-82) from its intersection with East 2nd Place (Street on North side of Replat of Ken Bozeman Sub.) to North Mulberry Avenue, known and designated as Sub -Unit Number 1 of Unit Number 2193, and along that part of Parkway Drive between Guava Avenue and its intersection with Idalou Road (U. S. Highway 62-82), known and designated as Sub -Unit Number 21 of Unit Number 2193. THAT the cost of making such curb and gutter improvements be partly paid for by the City of Lubbock and partly by the property abutting the highway and/or street or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability, after, public hearing all in accordance with and as required by Article 1105 b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause to be recorded in the Deed of Trust Records of Lubbock County, Texas Jf Lu 68-27-373-911 (26) TOM CHERRY JIM AKIN SH 4,9418 _ SW 2-3583 Lubbock,Texas Lubbock,Texas CHERRY & AKIN GENERAL CONTRACTORS i LUBBOCIC AND LEVELLANP, TEXAS AFFIDAVIT STATE OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day appeared personally Jim Akin known to me, and who being by me first duly sworn, deposes and says: That he has recently erected certain improvements on the following described property: The City of Lubbock(Booker T. Washington)Park Shelter constructed in accordance with drawings and specification, and that he has paid all bills incurred in connection with such construction, both for labor and materials and nothing in connection with such construction remains unpaid, and there is a one year warranty on both workmanship and materials. Jim Akin SUBSCRIBED AND SWORN TO nefore me this 14th day of October 1968. r i I� Notary public in and for i� Lubbock County, Texas STATE OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Jim Akin _ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that _he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the 14th day of October , 196B. Notary Public in and for Lubbock County, Texas. 3V OCT 10 196E W& 4" ar This resolution shall take effect and be' in force from and after i-ts passage. PASSED AND APPROVED THIS LOTH DAY OF OCTOBER, 1968. W. D. ROGERS, ATTEST: f LAVENIA LOWE, City Secret ry APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred O. Senter, Jr., City Attorney 68-27-373-911 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (26) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance and final payment to Cherry and Akin, Inc., in the amount of $1,404.32 for construction of Park Shelter at Booker T. Washington Park - G.W.O. 10643. The original estimate was in the amount of $9,685 and the final estimate was in the amount of $9,685. Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: CERTIFICATE OF COMPLETION October 3, 1968 On October 1,.1968, I inspected the park shelter, at Booker T. Washington Park, constructed by Cherry and Akin Construction Company, under contract dated August 22, 1968, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, /s/ Samuel W. Wahl Samuel W. Wahl City Engineer 68-27-373-912 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (27) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance and final payment to Besco Equipment Company in.the amount of $261.52 for construction of elevated floor (computer) - G.W.O. 2964. The original estimate was in the amount of $2,770.26 and the final estimate was in the amount of-$2,754.76. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: October 3,. 1968 On September.30, 1968, I inspected the Elevated Floor, G.W.O. 2964 constructed by Besco Equipment Company under contract dated June 13, 1968, and found said improvement to have been completed in accordance with plans and specifications. Therefore, I recommend.that you accept said improvements and authorize final payment to the contractor. Yours very truly, /s/ Samuel W. Wahl Samuel W. Wahl CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I COUNTY OF DALLAS I Before me, a Notary Public in and for Dallas County, Texas, on this day personally appeared James A. Tharp, who being by me duly sworn, upon oath says: I, James A. Tharp, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated 13th day of June, 1968, for elevated floor in Data Processing Center, under Besco Equipment & Systems Co., Inc., and that the work and contract has been completed according to the plans and specifications pertaining to the project and.that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by pament to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially 3'7 OCT 10 1968 complied with by me in doing and.carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and -final moneys due me under this contract. Witness my hand this 9th day of October 1968. /s/ James A. Tharp Subscribed and sworn to before me this the 9th day of October, 1968. Zs"7 Joyce L_._Tharp Notary Public in and for ^ Dallas County, Texas 68-27-374-913 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (28) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5555 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5555 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: Water Capital Project Fund The sum $38,598.36 For the following purpose: Construction of various sizes water distribution lines ahead of paving in Indiana Avenue from 19th St. to 34th St. and in Avenue A from 46th Street to the Traffic Circle. 68-27-374-914 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (29) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5556 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5556 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED -BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Bond Fund The sum $35,000.00 For the following purpose: Additions and improvements to the Northwest Water Reclamation Plant, Clovis Highway at Loop 289. 68-27-374-915 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (30) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to authorize acquisition of Parcel 64 the north 43' of Lots 19 and 20, Block 1, Squyres Place Addition, being 2110 Indiana from Charles A. Moom and the Iessee'June Roberts for a consideration of $29,650. 68-27-374-916 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (30a) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5557 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5557 'WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The sum $29,650.00 For the following purpose: Acquisition of Parcel 6, Indiana Avenue right of way, from the owner, Charles A. Moore and the lessee, .Tune Roberts (Roberts Food Store). The address is 2110 Indiana Avenue. The legal description is: The North 43 feet of Lots 19 and 20, Block 1, Squyres Place, an Addition to the City of Lubbock, Lubbock County, Texas. GWO 10519 Owner: Charles A. Moore--$22,000.00 Lessee: June Roberts - 7,650.00 Total '$29,650.00 68-27-374-917 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (35) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the following proposal from Parkhill, Smith and Cooper for enRineerinQ services at the Water I- Kj-.EW RRSOLUTION BE IT Ri OLYEI'3 BY THR CITY C:OU=M OF TuE CITY OF LUBBOCK- AGREEMENT THAT the City C ::gip L prowl of,and a rues theMAC w of the City of �VO ereeul� ' for and an behalf of the City of Lubb=k.0 an moment with ParkhM,, Smith & Cbqmra, fOr EagiDcerMS 8er4ces on modift- caum to tie JglMqf+**"W,e s tfflatmeft P19M ANAWWd bbrato which mh&U be BY"ad ups minof the VkPdAff end the mutes of thin Cowell shall Constitute a pa" Zthia Resolution as if fatty copied hnmtn in dete#3. P�++ the �� ���!7w a�ii"+�;GINEERING. SERVICES ON Io n. STATE OF TEXAS ) ^ornaTY OF LUBBOCK ) W. D. ROGERS. J13&d MA4 HI$ AGREEMENT made, entered into and executed this the _ 103 .lay E x:o' r 1968, by and between the CITY OF LUBBOCK, TEXAS, �- / h ra MAYnR mho is duly authorized so to act for LR - � { @_ City _ _ r _*Ttdesolution, dated October 10 , i-.,W, CITY COUNCIL ,,, said CITY OF LUBBOCK, hereinafter called the AR 405 1AM1 PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 201, Avenue R, Lubbock, Texas, and'700 Southwest National Bank Building, E1 Paso, Texas, a corporation. which is duly chartered under the laws of the State of Texas and FA*49- .1$0409,.0dr.4I :AMIN 0"Itered professional engineers, hereinafter cal i..d - th- "ENGINEER". WITNESSETH, that whereas the Owner intends to modify the Lubbock Water Treatment Plant to improve the removal of sludge from the waste water and to provide facilities to feed additional chemicals, such improvements hereinafter being called the "PROJECT". 1i0E%', THEREFORE, the Owner and Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: L T OCT 10 T F, r r Mr. Sam Wahl, Engineer City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Dear Sam: August 14, 1968 The original construction at the Lubbock Water Treatment Plant included facilities to return the backwash water to the head of the plant for retreatment rather than wasting the water as is frequently done. This has caused operational problems due to -varying chemical dosage require- ments depending on the ratio of raw water to return backwash water. Returning the waste water is successfully practiced at a number of other plants with which we are familiar. The only reason we can offer for the fact that problems are more severe at the Lubbock plant is that the raw water is much higher quality than most raw water sources and, therefore, the difference in chemical requirements between the raw water and returned waste water is much greater than is found at other plants. - We have made a rather brief study of possible solutions to the above problem. We would propose the installation of two pumps in the existing waste water holding tank. At least one of these pumps would be provided. with a variable speed drive to permit the waste water to be returned at constant rate and therefore eliminate the chemical feed problem. A relatively small clarifier would be provided for further clarification of the wastewater before being returned to the plant The clarifier would remove the sludge which now collects in the waste water holding tank. Also, by feeding a small amount of coagulant aid ahead of the clarifier, most -of the very fine materia: that has been accumulating in what is, in effect, a closed system could be removed. This fine material has had an adverse effect on the length of filter runs and is causing an excess amount of filter backwash cycles. A tract of land approximately 100 feet.square immediately west of the waste water holding tank and outside of the existing plant fence will be required for con- struction of the clarifier. It also appears that two other items of construction are desirable to permit satisfactory opera- tion of the plant when softening is -done on a continuous basis. First, an additional sludge thickener to properly thicken the much greater amount of sludge that will be produced. This was anticipated during construction of the plant and connections for a second thickener were pro- vided. Also, it now appears that softening to the desired.hardnesg will require removal of some non -carbonate hardness. This will cause.the pH of the finished water to be rather high, in the range of 10 to 11. This could create rather severe problems in the distribution system. Feeding a low pH chemical, or acid, into the filtered water would permit adjustment of the pH to any desired level. Facilities for storing and feeding an acid would be relatively inexpensive and should be considered. It is emphasized that the above items are not based on a detailed and thorough study and we woul< certainly wish to make.further studies before designing and.recommending construction of the above -described facilities. However, we do believe that any final recommendations that we might make would be in general as described above. The attached cost estimates should be sufficiently accurate for budgeting funds for the different items although our final recommendations may vary somewhat from these preliminary recommendations. The fee for the engineering services would be as follows: Preliminary Phase 1.0% Design Phase - Construction Cost Less than $ 50,000 Salary Cost x 2.00 $ 50,000 to $ 150,000 6.0% Construction Phase 2.5% If resident supervision of construction is desired, the charges for this service would be salary costs times a factor of 2.00 plus the actual cost of reimbursable expenses times a factor of 1.15. We would be happy to prepare a contract for the engineering services. If additional data or information is required, please feel free to call. Sincerely, PARKHILL, SMITH & COOPER, INC. By /s/ Chester A. Green, P. E. CITY OF LUBBOCK, TEXAS, LUBBOCK WATER TREATMENT PLANT WASTE WATER TREATING AND RECLAMATION FACILITIES - -- - - - -- - ESTIMATE OF COST Item No. Description Estimated Cost 1. Sludge Thickener Concrete Structure $ 11,000 Equipment plus installation 13,000 Sludge Draw -off Facilities 500 $ 25,500 2. Modifications to Waste Water Holding Tank including Pumping Units Structural Modifications 3,500 Two Pumping Units, one variable 7 1 10 1968 68-27-376-918 (3 &) 3. Waste Water Clarifier Concrete Structure Equipment plus installation 4. Acid Tank and Feed Pump for pH Correction 5. Outside Piping 6. Electrical Work and Controls 7. Fencing 8. Contingencies, 15% Estimated Construction Cost $ 20,000 8,000 Engineering and Administration 6,500 6,500 6 D00 1,000 12,150 TOTAL ESTIMATED COST. . . . . . . . . . $ 28,000 $ 6,500 $ 6,500 $ 6,000 $ 1,000 12,150 $ 93,150 11.180 $ 104,330 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. THE CITY COUNCIL LUBBOCK, TEXAS RESOLUTION WHEREAS: The -Mayor and the. City Council of the City of Lubbock have been informed that the Small Business Administration has launched a new program aimed at speeding up the formation of "minority -owned businesses;" and, WHEREAS: This new drive will enlist the aid of private capital, volunteer management assis- tance, and other support backed -up by Federal Government guaranteed loans; and, WHEREAS: Community groups will be involved in identifying potential owners and managers and organizing local efforts to work toward solutions to some of the Nation's most compelling problems; and, WHEREAS: This undertaking called "Project Own" envisions the purchase by minority members of businesses, establishment of new enterprises, and upgrading of existing businesses; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of Lubbock, Texas, do hereby endorse "Project Own" as beneficial to this community; and as the governing body of the City of Lubbock do urge all members of the private business sector to give maximum support to this worth- while project. Signed in Lubbock, Texas, this loth day of October, 1968. Attest: 6 s W. D. ROGERS, JR., Jr LAV LOWE, Cit Secre ary 68-27-376-919 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (39) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the proposal of First Southwest Company to act as the City of Lubbock's fiscal agents for handling $2,500,000 Airport Revenue Bonds. To: The Honorable Mayor and City Council City of Lubbock, Texas Date: October 10, 1968 Gentlemen: ' u 1. We understand that you contemplate authorizing the issuance of certain bonds in the following amount and for the purpose indicated: $2,500,000 Airport Revenue Bonds, the proceeds to be used for Airport improvements, I Al and that in connection with the issuance, sale and delivery of such bonds you desire this proposal from us to perform professional services in the capacity of Financial Advisors for your City. 2. By this proposal we offer our professional services and our facilities as Financial Advisors and agree to perform the following duties normally performed by such advisors, and to perform such other duties as, in our judgment, may be necessary or advisable: a. To make a study of the operating results of your Airport System together with revenues and expenses as projected by your airport consultants, and to devise and recommend for your approval a plan of financing to cover the proposed bonds. Such plan shall include a maturity schedule and other terms and conditions, such as options of prior payment, retention of the right to issue additional bonds and the like, as will, in our opinion, result in the issuance of the bonds under terms and conditions most advantageous to your City consistent with a minimum effective interest rate. b. We understand that you have retained or expect to retain Dumas, Huguenin and Boothman, Dallas, Texas, a firm of recognized municipal bond attorneys, who will prepare the proceedings and � 1 OCT 10 r F r J advise the steps necessary to be taken in the legal issuance of..the bonds and the final delivery of the bonds and who will issue an'opinion approving the legality -of the bonds. All financial services rendered pursuant to this contract will be performed in such manner, and will include assembling and accumulating such financial facts, information and data, as will be necessary or appropriate to obtain the unqualified approving legal opinion of said attorneys. The fee of said attorneys will be paid by us. c. To advise you of current bond market conditions, forthcoming bond issues and other general information and economic data which might normally be expected in influence interest rate or bidding conditions so that the date for the sale of the bonds can be set at a time which, in our opinion, will be favorable. d. To compile from your official records for submission to and approval by your govern- ing body an Official Statement or Prospectus containing official data and -other information of th nature and to the extent ordinarily required in bidding on bonds of this type, all of which we are to furnish in a sufficient number of copies to permit mailing to prospective bidders, a list of which we agree to provide. e. To attend to and pay for the printing. of bonds. f. To pay the necessary expenses in obtaining the approving opinion of the Attorney General of the State of Texas and the registration of the bonds by the Comptroller of Public Accounts, and the delivery of the bonds to the purchaser at a bank in Austin, Texas. g. To accompany, if requested, members of the City Council or other City officials to New York, New York, to present financial and economic -data necessary to obtain a rating on the proposed issue. Expenses incurred by us in this instance will be assumed by us. 3. We agree to direct and coordinate the entire program of financing herein contemplated and to assume and pay the expenses above enumerated. It is specifically understood and agreed, however, that this obligation on our part shall not cover any publication costs, or the expenses of any litigation. 4. As consideration for the-services.rendered by us and as reimbursement for the expenses which we. are to incur, it is understood and agreed that your City is'.to pay and we are to accept r a cash fee to be computed as follows: $6.50 per $1,000 principal amount of the bond issue, which is $16,250 on the proposed $2-,500,000 bonds. Such fee shall become due and payable simultaneously with the delivery of the bonds to the purchaser. . . 5. It is further understood and agreed that we reserve the right to submit a bid for the bonds when offered for sale. 6. This agreement shall be terminated by the delivery to the purchaser of the bonds covered hereby or by the elapse of 36 months from date of your acceptance hereof, whichever shall first occur; however, if the bonds have not been so delivered within the period specified, this agree- ment may be extended by mutual consent. 7. This proposal is submitted in duplicate originals. When accepted by you it will con- stitute the entire agreement between your City and the -undersigned for .the purpose and considera- tions herein specified. Your acceptance will be.indicated by the signature of your Mayor, attest ed by your -City Secretary, on both copies and returning one executed copy to us. Respectfully submitted, First Southwest Company . By�sl_ Joe W. Smith Authorized Representative ACCEPTANCE ACCEPTED pursuant to Minutes adopted by the City Co fV fLubbock, bock, Texas, on this the loth day of October, 1968. Title W. D. ROGERS, J Mayor ATTEST: e //d Title VENIA LOWE, City M cretary-Treasurer (SEAL) 68-27-377-920 The City Council considered installation of drainage pipes at an approximate cost of $7,867 at (40) Loop 289 and Avenue W in the vicinity of 70th Street, but no action was taken. 68-27-377-921 NOTICE OF CITY COUNCIL HEARING (20) NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the loth day of October, 1968, 1:30 P.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning -district of the property.herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: 0)78 T 10 1966 ZONE CASE NO. 1556 - Appeal of Dean Shuman (for Webb-Rothwell and others) to change Lots 17 thru 32, Block 15, Westover Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-1" to a "C-3" Zoning District. (South side of 4th Street between Toledo & Vicksburg Avenues) - The Planning and Zoning Commission recommended to the City Council that this request be not Rranted. i ///d LAVENTA LOWE, City ecret y-Treasurer " City of Lubbock, -Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1556 - Appeal of Dean.Shomnan (for Webb-Rothwell and others) to change property located on the south side of 4th Street between Toledo'Avenue and Vicksburg Avenue from "R-1" to "C-3" zoning district. The.Planning and Zoning Commission recommended that this zone change request not be granted. Mr. Dean Shuman appeared before the City Council in support of this zone change request. Mr. Rothwell appeared before the City Council in support of this zone change request. Mr. Knight appeared before the City Council representing Mr. W. E. Armstrong stating that Mr. Armstrong would at a later date perhaps ask for a zone change on some of his property in this vicinity. Councilman Granberry disqualified himself from discussion on this zone change request because of investment interest in the property across the street on which a zoning hearing would be held in the near future. Mr. Shuman stated that he was willing to leave the decision of this. -particular zone case to the City Council. After consideration of all information presented, Mayor Rogers announced that the hearing was closed. Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Rigsby and Turner voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and Deny this zone change request for "C-3" zoning. 68-27-378-922 On this date the City Council again considered Zone Case No. 1564 - having been Tabled September (21) 25, 1968, Minutes of record in Minute Book 27, Page 354 - Request of Hugh Anderson (for Hiram Parks) for a Specific Use Permit Zone Change for a Dance Hall and Night Club on the south side of Broadway starting about 75' east of Avenue G. The Planning and Zoning Commission recommended that this request be granted. After -due discussion, motion was. made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, to override the recommendation of the Planning and Zoning Commission and Deny this request for a Specific Use Permit Zone Change - Zone Case No. 1564. 68-27-378-923 The City Council considered placing dance halls for adults'in "M-l" zoning district and allowing (21a) teenage dances (age 15-18) to be held in "C-I" and "C-4" commercial zones and motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the Planning and Zoning Commission be requested to hold a hearing to consider these changes in zones. 68-27-378-924 The City Council again considered purchase of a portion of Section 3, Block 0, Lubbock County, (31) Texas, being the McLarty property in the canyon between East Broadway and East 19th Street. Motion was made by Councilman Turner that the City Council authorized purchase of this land on this date, therefore, taking advantage of -the $10,000 reduction in price, said option for purchase less this amount to expire October 15, 1968. This motion died for want of a second. After further discussion, no action was taken by the City Council as to purchase of this land, the purchase to be in accordance with the original option contract approved by the City Council April 11, 1968. 68-27-378-925 The City Council considered the request of Mr. Leonard Wilson that Romex electrical wire be used (34) in multiple housing projects. Mr. R. W. Stanford, Chairman of the Board of Electrical Examiners and Appeals appeared before the City Council and presented recommendations of the Electrical Board that the use of Romex wire not be allowed. Mr. J. 0. Nelson of Nelson Electric Company appeared before the City Council in this regard. Mr. Leonard Wilson appeared before the City Council stating he was willing to withdraw his request for Romex in multiple housing projects. It was unanimously agreed by the City Council to request the City Staff and Fire Marshall to secure additional information as to the use of Romex in multiple housing projects from other cities designated as metropolitanareas; the item to again appear on the City Council agenda when said information is secured. 68-27-378-926 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (9) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5558 be passed on first reading. ORDINANCE NO. 5558 AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING TO ARTICLE I THEREOF, ENTITLED "WATER", A NEW SECTION 34-12.2 PROVIDING FOR SINGLE BILLING OF ALL WATER CONSUMED ON THE CAMPUS OF LUBBOCK CHRISTIAN COLLEGE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-378-927 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (37) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL -OF THE CITY OF LUBBOCK: THAT the.Mayor of the City of Lubbock BE and -is hereby authorized and directed to execute for and on behalf of the City of Lubbock a DEDICATION DEED covering LUBBOCK INDUSTRIAL FOUNDATION property 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. 0 I Passed by the City Council this loth day of October, 1968. OCT 10 1 F�l r Fi G� ATTEST: LA fA LOWE, Cit Sec -Treasurer APPROVED: _/s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney T THE STATE OF TEXAS COUNTY OF LUBBOCK � W. D. ROGERS, SR.; KNOW ALL MEN BY THESE PRESENTS: DEDICATION DEED THAT the City of Lubbock, a Home Rule Municipal Corporation, acting herein by and through it duly authorized Mayor, Lubbock County, Texas, being the owner of the following tract or parcel of land located in Lubbock County, Texas; to -wit: Said land being located in Section 5, Block A, Lubbock County, Texas, in the vicinity of Proposed Lubbock Industrial Park Addition, and the Texas Highway Department Maintenance Building Tract. BEGINNING at a point in the North Right -of -Way line of Loop 289, said point being 2567.9 feet North and 2595.7 feet West of the Southeast Corner of Section 5, Block A, Lubbock County, Texas; THENCE S 700 23' E, 118.6 feet along the Northerly Right -of -Way line of Loop 289 to the PC of a curve to the right, said point is N 190 37' E, 5879.65 feet from the center of said curve; THENCE Southeasterly along said curve to the right being also the Northerly Right -of -Way lin of Loop 289, a distance of 331.8 feet to a point, said point being the Southeast corner of the Texas Highway Department Tract, and also being the Southwest and BEGINNING CORNER OF THIS EASEMENT TRACT: THENCE N 220 57' E, along the Easterly line of the Texas Highway Department Tract, 584.5 fee THENCE N 250 23' W, along the Easterly line of the Texas Highway Department Tract, 841.2 feet to a point in the Southeast -line of Municipal Drive; •THENCE N 590 51' E, along the Southeast line of Municipal Drive, a distance of 20.06 feet; THENCE S 250 23' E, a distance of 851.07 feet; THENCE N 870 07' 06 " E, a distance of 500.74 feet to a point which is the Northwest corner of Proposed Lot 7, Lubbock Industrial Park Addition to the City of Lubbock; THENCE S 220 57' W, along the Westerly line of Proposed Lot 7, a distance of 22.22 feet; THENCE S 870 07' 06" W, a distance of 499.97 feet; THENCE S 220 57' W, a distance of-572.73 feet to a point in the Northerly Right -of -Way line of Loop 289; THENCE Northwesterly, along said Right -of -Way line, and with a curve to the left having a Radius of 5879.65 feet, a Chord distance of 20.00 feet to the PLACE OF BEGINNING. does hereby dedicate a temporary right-of-way easement in the above described property to the public. Said right-of-way and easement to be used solely for the purpose of laying, constructing maintaining, operating, replacing and removing public utilities, and garbage collection, and the right of ingress and egress is hereby granted for such -purposes. Provided that only such utili- ties as are duly franchised by the City of Lubbock and the Sanitation Department of the City of Lubbock may participate in the use of said right--of-way and easement. The dedication is temporary in nature and shall extend to and expire upon the acquisition by purchase of such property by the Lubbock Industrial Foundation, Inc. through its act of exercis- ing its option to purchase as granted in that certain lease and sales contract entered into between the City of Lubbock and the Lubbock Industrial, Inc., recorded in Vol. 1176, Page 587 of the Deed Records of Lubbock County, Texas.. WITNESS ITS HAND this 10th day of October, 19 ATTEST• "&',; A I . - LAVE14IA LOWE, City Secre ary-Treasurer E APPROVED: Isl Fred 0. Senter, Jr. 'FRED 0. SENTER, JR., City Attorney 68-27-380-928 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (33) Councilmen Granberry, Rigsby, and Turner voting Yea, none voting Nay, that the following resolu- tion be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a LEASE AGREEMENT issued to DORMAN'G. PURDY, attached here- with 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 fulls pied herein in Agtail. Passed by the City Council this 10th day of October, 19 W. D. ROGERS, JR., mlr -1 ATTEST: LAVENfA LOWE, City Secret ry-Treasurer APPROVED: s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney LEASE AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I This agreement of Lease entered into this loth day of October, 1968, by and between the City of Lubbock, a Home Mule Municipal Corporation, hereinafter called "CITY" and Dorman G. Purdy, hereinafter called "LESSEE". WITNESSETH: The City of Lubbock does by these presents, lease and demise .unto,the said Dorman G. Purdy, subject to the conditions stated below, the following described property: 11.43 acres of land situated in the Southeast corner of Section 4-, Block S, G. C. & S. F. Railway Company Survey, Lubbock County, Texas; and within the fenced boundaries of the Lubbock Power & Light, Holly Avenue Generating Station. Said tract is bounded by U. S. Highway 84 on the North; Holly Avenue Generating Station on the West; the fence enclosing the Lubbock Power & Light offices on the East; and on the South'by the South property line fence of the Holly Avenue Generating Station. 1. The term of this lease shall be for a period of one (1) year from the execution of this lease. Lessee shall have the right to extend the lease for additional one (1) year periods by giving notice to the City of such desire before the expiration of the existing lease period. Such extension, whether one or more, shall be upon the same conditions and terms as the original agreement unless otherwise amended. . 2. The use permitted hereunder shall be for the growing of grain.crops which shall not exceed four feet in height at maturity. It is understood and agreed that the grain crops grown hereon shall be harvested for use off the leased premises and no feeding or grazing of livestock shall be permitted on the premises. 3. The consideration of this lease shall be the agreement by Lessee to mow, cut or otherwise clear or. remove, weeds and grass along and either side of the exterior fences enclosing the Holly Avenue Generating Station property as well as the North -South cross fence within such property. The work performed shall be in a manner acceptable to the - City and Lessee shall hold the City harmless and free from any liability for damages resulting from such act, including damage to adjoining property of City or other property owners in the event the weeds ate controlled by chemicals. 4. The City shall not be liable to Lessee for damage to the property, person or crops of Lessee or to his employees or invitees or their property. 5. The City may terminate this lease at any time within the original -or extended term upon written notice to Lessee sixty (60) days before the date such termination is to be effective. Upon termination, cancellation or expiration of this lease, Lessee shall remove any and all equip- ment or machinery from the leased premises and return the premises to the City in substantially the same condition it was in upon entrance thereon and further, upon such event, the City shall not be liable to Lessee for any crops thereon, either growing or harvested. 6. .It is understood and agreed that no further rights in and to the leased premises are implied or intended except as stated above. EXECUTED THIS loth day of October, 1968. C it By: ATTEST• 1 lfilli� � I' [I] I 3 OCT 10 1, LESSEE: DORMAN G. PURDY 2502 59th Street Lubbock, Texas APPROVED: /s/ Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, OCTOBER 10TH, 1968. ATTEST: ag LAVEN;A LOWE, City" -Secretary -Treasurer READ AND APPROVED THIS THE 24th DAY OF OCTOBER, 1 ATTEST- LAfMIA LOaWWE, Ci y Secretary -Treasurer 82 October 23, 1968 REGULAR CITY COUNCIL MEETTSG: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby, and Morris-W. Turner, City Attorney Fred 0. $enter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: City Manager W. R. Blackwell 68-27-382-929 The invocation was given by Director of Planning R. W. Burr. (1) 68-27-382-930 The Pledge of Allegiance to the Flag was given in unison by those in the Council Chamber. (2) 68-27-382-931 NOTICE OF CITY COUNCIL HEARING (3) NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 23rd day.of October, 1968, 10:00 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recom- mendation: ZONE CASE NO. 1567 - Request of Charles Galey (for John C. Key) for a Specific Use Permit Zone Change, under provisions of Section 14.A 1-17 of the Zoning Ordinance, for a Hospital or Clinic for the medical and surgical treatment of small animals on Lot 533, Kuykendall Heights, an Addition, City of Lubbock, Lubbock County, Texas. (North side of 50th Street, starting about 220' West of Wayne Avenue). The Planning and Zoning Commission recommended that this request be granted. ZONE CASE NO. 1266B - Request of Leroy Elmore (for Forrest Lumber Co.) for a Specific Use Permit Zone Change, under provisions of Section 14-A.1-8 of the Zoning Ordinance, for a shopping center or related commercial development on Lot 511, Alford Terrace Addition, City of Lubbock, Lubbock County, Texas. (West side of Slide Road between llth Street and the alley South of 9th Street). The Planning and Zoning Commission recommended that this request be granted. ZONE CASE NO. 1569 - Request of Harold Glasscock (for Lubbock Independent School District) to change the West 1/2 of Lot 4, and Lots 5 through 11, Block 16, O'Neall Terrace Annex, an Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to "R-3" Zoning District, with a Specific Use for Professional Type offices under provisions of Section 14-A.1-9 of the Zoning Ordinance (South side of 26th Street, East of Avenue S.) The Planning and Zoning Commission recommended that this request be granted. ZONE CASE NO. 1568 - Request of Leroy, Elmore to change a tract of land out of Section 22, Block A, Lubbock County, Texas, from an "R-3" to a "C-2" Zoning District. Property is further described by metes and bounds, to -wit: (North side of 4th Street, starting about 2640' West of Quaker Avenue). BEGINNING at a point which bears 2307.7' East, and 60' North of the Southwest corner of Section 22, Block "A", Lubbock County, Texas; THENCE North a distance of 600.0 feet; THENCE East a distance of 308.1 feet; THENCE South a distance of 600.0 feet; THENCE West a distance of 308.1 feet to the PLACE OF BEGINNING. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That a minimum 100' building setback line be observed from 4th Street, except for a gasoline service station. III 0 Ll P-1 2. That all signs be located a minimum of 43' from 4th Street and any future streets that may be dedicated. 3. That a minimum paved off-street parking ratio of 3 sq. ft. of parking area for each square foot of building area be provided.