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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/15/1968tM� Nov 15 1968 68-27-402-977 (1) 68-27-402-978 (2) 68-27-402-979 (3) 68-27-402-980 (6) 68-27-402-981 (7) 68-27-402-982 (8) 68-27-402-983 (9) 68-27-402-984 (10) November 15, 1968 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby, and Morris W. Turner, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None The invocation was given by Director of Public Services Al Couch. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held October 23, 1968; Regular Meeting held October 24, 1968. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5568 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5568 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 $2,000.00 For the following purpose: Construction of concrete headwalls on North Avenue U at creek culverts located 400' north of Erskine Street. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5559 be passed on second and final reading. ORDINANCE NO. 5559 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: A HOSPITAL OR CLINIC FOR THE MEDICAL AND SURGICAL TREATMENT OF SMALL ANIMALS ON LOT 533, KUYKENDALL HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5560 be passed on second and final reading. ORDINANCE NO. 5560 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: SHOPPING CENTER OR RELATED COMMERCIAL DEVELOPMENT IN ZONE CASE NO. 1266B ON LOT 511, ALFORD TERRACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5561 be passed on second and final reading. ORDINANCE NO. 5561 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. 1569; CHANGE THE WEST 1/2 OF LOT 4 AND LOTS 5 THRU 11, BLOCK 16, O'NEALL TERRACE ANNEX, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "R-3" ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: PROFESSIONAL TYPE OFFICES ON SAID PROPERTY; SUBJECT TO CONDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5562 be passed on second and final reading. 40' t Nov 15 196 P. "M 68-27-403-985 (11) 68-27-403-986 (12) 68-27-403-987 (13) 68-27-403-988 (14) 68-27-403-989 (15) 68-27-403-990 (16) ORDINANCE NO. 5562 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. 1568; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDI- TIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5563 be passed on second and final reading. ORDINANCE NO. 5563 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. 1570: CHANGE LOTS 1,. 2, 19 AND 20 IN BLOCK 15-OF THE SOUTHPORT ADDITION -TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; LOTS 1, 2, 3, 17 AND E. 12' OF LOT 16 IN BLOCK 1 OF THE SOUTHPORT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; LOTS 1 AND 2 IN BLOCK 2 OF THE SOUTHPORT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" AND "R-2" TO A "C-3" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5564 be passed on second and final reading. ORDINANCE NO. 5564 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.. 1565: CHANGE A TRACT OF LAND OUT OF SECTION 36 AND 37, BLOCK AK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5565 be passed on second and final reading. ORDINANCE NO. 5565 AN ORDINANCE AMENDING ZONING ORDINANCE NO.-1695 OF THE CITY OF LUBBOCK BY AMENDING SECTION 8C-"AM"-MEDICAL DISTRICT THEREOF TO PROVIDE FOR CORRECTIONAL DEVICE ESTABLISHMENTS; PROVIDING FOR SERVICE.LABORATORIES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded -by Councilman Hollingsworth, motion carried, Mayor Rogers, and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5567 be passed on second and final reading. ORDINANCE NO. 5567 AN ORDINANCE AUTHORIZING THE ALTERING, AND CHANG I NG OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE -CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF PARKWAY DRIVE (U.S. 82) AND A PORTION OF U. S. HIGHWAY 62 AT THEIR INTERSECTION WITH LOOP 289 AND EXTENDING NORTHWARD ON A PORTION OF IDALOU HIGHWAY; A PORTION OF LOOP 289 EXTENDING FROM SUCH INTERCHANGE TO F. M. HIGHWAY 40; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLII HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5540 be passed on second and final reading. ORDINANCE NO. 5540 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF MEMPHIS AVENUE AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARC THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF THE PORTION OF SAID STREET; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers " and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that they following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the .City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Thomas Edward Blackstock and wife, Sylvia Kay Blackstock, 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. - (NI, A Passed by the City Council this 15th day of November, 196 i—� s �64V&91_#W. D. ROG RS; �R. , ',In I ATTEST,n 404 %0V 15 1968 APPROVED: FRED 0. SENTER, JR.', City Attorney Q_U_IT -CLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, the State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR, and other good and valuable consideration to it in hand paid by THOMAS EDWARD BLACKSTOCK and wife SYLVIA KAY BLACK - STOCK, the receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and forever QUIT CLAIM unto the said THOMAS EDWARD BLACKSTOCK and wife, SYLLIA KAY BLACKSTOCK, their heirs, successors and assigns, all its rights, title and interest to that certain tract or parcel of land lying in the County of Lubbock, in the State of Texas, described as follows, to -wit; BEGINNING at a point which is 58.44' north of the southwest corner of Lot 112, Southgate Addition to the City of Lubbock, Lubbock County, Texas; THENCE north a distance of 107.56' to a point, said point being the point of curvature of a curve to the right; THENCE along and with the curve to the right, said curve having a radius of 15', an arc length of 23.56', a chord length of 21.21' bearing north 450 00' east, and a central angle of 900, to a point; THENCE east a distance of 10.17' to a point, said/ieing the point of curvature of a curve to the right; THENCE along and with the curve to the right, said curve having a radius of 54', an arc length of 32.36', a chord length'o€ 31.87' bearing south 720 -50.10' east, and a central angle of 340 19.79' to a point on the north boundary line of Lot 112; THENCE to the northwest along and with the north boundary line of Lot 112 which is a curve to the right, said curve having a radius of 256', an arc length of 1.83', a chord length of 1.83' bearing north 550 27.77' west, and a central angle of Oo 24.59', to a point which is the point of tangency of this curve and the point of curvature of a curve to the left; THENCE along and with the curve to the left, said curve having a radius of 15', an arc length of 23.91', a chord length of 21.46' bearing south 790 04.62' west, and a central angle of 910 19.82' to a point, said point being the point of tangency of this curve and the point of curvature -of a curve to the left; THENCE along and with the curve to the left,said curve having a radius of 200', an arc length of 116.63', a chord length of 114.98' bearing south 160 42.36' west, and a central angle of 330 24.71' to the point of beginning. TO HAVE AND TO HOLD, the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Thomas Edward Blackstock and wife Sylvia Kay Blackstock, their heirs, successors and assigns forever, so that the said City of Lubbock,. nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right of title to the a esaid premises or appurte- nances, or any part thereof. A WITNESS MY HAND this 15th day of November, 1968. � l �J' "1 Y�/ L/�i • W. D. ROGERS, JR., May ATTEST: UVENfA LOWE, City Secret ry-Treasurer APPROVED: /s/Fred _0. Senter, Jr. Fred 0. Senter, Jr., City Attorney - 68-27-404-991 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (17) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Walter J. Taylor, 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 fu op herein i detail. Passed by the City Council this 15th day of November, 1968. W. D. ROGERS, JR.-,.,,,4�TTEST I09 NOV 15 19E QUIT CLAIM DEED THE STATE OF TEXAS I COUNTY OF LUBBOCK I THAT the City of Lubbock, a Home Rule Municipality of the'County of Lubbock, the State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLAR, and other good and valuable consideration to it in hand paid by WALTER J. TAYLOR, the receipt of which is hereby acknowledged, does by these presents BARGAIN, SELL, RELEASE and forever QUIT CLAIM unto the said WALTER J. TAYLOR, his heirs, successors and assigns, all its rights, title and interest to those certain tracts or parcels of land lying in the County of Lubboci-in the State of Texas, described as follows, to -wit: BEGINNING at a point which -is 13.80' west of the most westerly corner of Lot 111, Southgate Addition to the City of Lubbock, Lubbock County, Texas; THENCE east 13.80' to a point for said corner; THENCE to the right along and with the boundary of Lot 111, which is a curve to the left, having a radius of 200', an arc length of•119.6O', a chord length of 1.17.83' bearing south 380 32.33' east, and a central angle of 340 15.77', to a point; THENCE northwesterly along and with a curve to the left, having a radius of 110', an arc length of 65.91', a chord length of 64.93' bearing north 720 50.10' west, and a central angle of 340 19.79', to a point, said point being the point of tangency of this curve; THENCE west 10.17' to a point, said point being the point of curvature of a curve to the right; THENCE along and with the curve to the right, said curve having a radius of 15', an arc length of 23.56', a chord length of 21.2l'-bearing north 450 00' west, and a central angle of 900 to a point which is the point of tangency of this curve; THENCE north 58.00' to the point of beginning. TO HAVE AND TO HOLD, the said premises, together with all and singular the rights, privi- .ieges and appurtenances thereto in any manner belonging unto the said Walter .T. Taylor, his heirs, successors and assigns forever, so that the said City of Lubbock, nor its successors and assigns, nor any person or persons claiming under it shall, at any time hereafter have, claim or demand any right of title to the aforesaid premises or appurtenance$ror any part thery of. WITNESS MY HAND this 15th day of November, 1968. W. D. ROGERS, ATTEST' 0 LA , Cit Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 68-27-405-992 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (18} and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting May, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Helen Henkel and Ola Crouthers, feme soles, 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 15th day of November, 1961-b . W. D. ROGERS, JR., Mj ATTES LAVENA LOWE, City Secretdry-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the City of Lubbock, a Home Rule Municipality of the County of Lubbock, the State of Texas, for and in consideration of the sum of ONE AND N0110O ($1.00) DOLLAR, and other good and W Ov 15 1968 68-27-406-993 (19) 68-27-406-994 (20) 68-27-406-995 (23) valuable consideration to it in hand paid by HELEN HENKEL and OLA CROUTHERS, feme soles, the receipt of which is hereby acknowledged, does by these presents, BARGAIN, SELL, RELEASE and Forever QUIT CLAIM unto the said HELEN HENKEL and OLA CROUTHERS,'their heirs, successors and assigns, all its rights, title and interest to that certain tract or parcel of land lying in the County of Lubbock in the State of Texas, described as follows, to -wit: BEGINNING at a point which is 7.15 feet west of the southwest corner of Lot 95, Southgate Addition to the City of Lubbock, Lubbock County, Texas; THENCE north 53.00 feet to a point, said point being the beginning of a curve, the center of said curve bears east 200.00 feet, and having a delta angle of-150 22', a tangent of 26.98 feet and an arc distance of 53.63.feet; THENCE southeasterly around said curve to the left an arc length distance of 53.63 feet to a point, said point being the southwest corner of. said Lot 95;. THENCE West 7.15 feet to the point of beginning. TO HAVE AND TO HOLD, the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Helen Henkel and Ola Crouthers, femes sole, their heirs, successors and assigns, so that the said City of Lubbock, nor its succes- sors and assigns, nor any person or persons- claiming under it shall, at any time hereafter have, claim or demand any right of title to the aforesaid premises or appurt ces, or any parry thereof. WITNESS MY HAND this 15th day of November, 1968. s W. D. ROGERS, JR., r ATTEST: i LA IA LOWS, Ciry-Treasurer APPROVED: /s/ Fred _0._Senter,_Jr. Fred 0. Senter, Jr., City Attorney Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5569 be passed on first reading. ORDINANCE NO. 5569 AN ORDINANCE AUTHORIZING THE ALTERING, AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF UNIVERSITY AVENUE BETWEEN 19TH STREET AND 34TH STREET; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5570 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5570 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; 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 $1,500 For the following purpose: Materials for installation of a traffic signal at 6th Street and Boston Avenue Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined a need to relocate portions of Quaker Avenue at its intersection with Loop 289, because of a large lake area which exists to the North of such intersection, and creates a problem in regard to street development, and WHEREAS, the City of Lubbock has secured, and transferred to the State of Texas, the necessary right-of-way for such street relocation, which conforms with the requirements of the State of Texas and has been secured at no cost to the State of Texas, and the State of Texas, by such transaction, has received more land as well as better land in regards to flooding; and WHEREAS, the surplus right-of-way, unused in such street relocation, is no longer needed for the use of citizens as a road; and Nov 15 13( BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby request the State of Texas, acting through the Texas Highway Commission, to convey the portions of the right-of-way at the inter- section of Quaker Avenue and Loop 289, which it determines, and which the City of Lubbock has determined, as no longer needed --for the use of citizens as a road, to the City of Lubbock in exchange for the aforesaid right-of-way, in order that the City of Lubbock may in turn convey such surplus right-of-way to the respective adjoining property owners. Such property is described as follows: TRACT A - 1.153 acres of land in two (2) parts being out of and a part of that certain 15.174 acre tract in the Northeast one -quarter of Section 10, Block E-2, which 15.174 acre tract was conveyed to the State of Texas by Deed dated 17 May 1953 and recorded in Volume 694, Page 587, Deed Records of Lubbock County, Texas, which 1.153 acres of land are more particularly described by metes and bounds as follows; PART 1 BEGINNING at a point in the East Line of Section 10, Block E-2, which point is 864.1 feet South of the Northeast Corner of said Section 10, and which point is the Northeast Corner of said 15.174 acre tract; z THENCE S 00 03' E, 279.84 feet along the East Line of Section 10 to a point which lies N 00 03' W, 241.84 feet from the point of intersection of said East Line with the centerline of an existing highway; THENCE N 720 03' W, 232.52 feet along a line parallel to and 230.0 feet Northerly from said highway centerline to a point in the existing highway ROW line; THENCE in a Northeasterly direction along a circular curve to the left, the center of the curve being N 140 33' W, 215.00 feet from the beginning of the curve, a distance of 283.31 feet along said existing highway ROW Line to a point in the North Line of said 15.174 acre tract; THENCE N 890 57' E, 60.00 feet along said North Line to the point of beginning and containing 0.682 acre of land. PART 2 BEGINNING at a point in the East Line -of Section 10, Block E-2, which point is 1904.1 feet South of the Northeast Corner of said Section 10, and which point is the Southeast Corner of said 13.174 acre tract; THENCE N 00 03' W, 276.46 feet along the East Line of Section 10 to a point which lies S-00 03' E, 241.84 feet from the intersection of said East Line with the centerline of an existing highway; THENCE-N 720 03' W, 132.62 feet along a line parallel to and 230.00 feet Southerly from -said highway centerline to a point in the existing highway ROW Line; THENCE in a Southeasterly direction along a circular curve to the right, the center of the curve being S 430 47' 44" W, 215.00•feet from the beginning of the curve, a distance of 173.19 feet along said highway ROW Line to a point; THENCE S 00 03' E, 162.5 feet along said highway right of way line to a point in the South Line of said 15.174 acre tract; THENCE N 890 57' E, 60.00 feet along said South Line to the point of beginning and containing 0.471 acre of land. TRACT B - 1.185 acres of land in two parts being out of and a part of that certain 21.358 C acre tract in the Northwest one -quarter of Section 11, Block E-2, which 21.358 acre tract was conveyed to the State of Texas by deed dated 15 August 1957 and recorded in Volume 666, Page 307, Deed Records of Lubbock County, Texas, which 1.185 acres of land are more particularly described by metes and bounds as follows: PART 1 BEGINNING at a point in the West Line of Section 11, Block H-2, which point is 864.1 feet South of the Northwest Corner of said Section 11, and which point is the Northwest Corner of said 21.358 acre tract; THENCE S-00 03' E, 279.84 feet along the West Line of Section 11 to a point which lies N 00 03" W, 241.84 feet from the point of intersection of said West Line with the centerline of an existing highway; THENCE S 670 35' E, 208.68 feet along a line to a point in said existing highway ROW Line; THENCE in a Northwesterly direction along a circular curve to the right, the center.of the curve being N 220 25' E, 215.00 feet from the beginning of the curve, a distance of 253.42 feet along said existing highway ROW Line to a point; THENCE N 00 03' W, 160.9 feet along said existing highway ROW Line to a point in the North Line of said 21.358-acre tract; THENCE S 890 57' W, 60.00 feet along said North Line to the point of beginning and containing 0.457 acre of land. _ PART 2 BEGINNING at a point in the West Line of Section 11, Block E-2, which point is 1904.1 feet South of the Northwest Corner of said Section 11, and which point is the Southwest Corner of said 21.358 acre tract; THENCE N 00-03' W, 276.46 feet along the West Line of Section 11 to a point which lies S 00 03' E, 241.84 feet from the intersection of said East Line with 0 (OV 15 1968 68-27-408-996 (25) 68-27-408-997 (26) THENCE S 780 21' E, 325.36 feet along a line to a point in the said existing high- way ROW Line; THENCE In a Southwesterly direction along a circular curve to the left, the center of the curve being S 110 39' W, 215.00 feet from the beginning of the curve, a distance of 381.62 feet along said highway ROW Line to a point in the South Line of said 21.358 acre tract; THENCE S 890 57' W, 60.00 feet along said South Line to the point of beginning and containing 0.728 acre of land. Passed by the City Council this 15th day of November, ATTEST LAVENIA LOWE, City Secret ry-Treasurer Mr. Joe Morahan City of Lubbock Right -of -Way Department Lubbock, Texas Dear Mr. Morahan: November 5, 1968 Re: .1308 East 54th Street Tract 71, James Subdivision In recent months you have contacted Mr. McBride of our office for the purpose of purchasing the above described property for -the City of Lubbock for drainage of the area. The houses on the property have been condemned and are considered to be uninhabitable. We at the Lubbock Savings and Loan Association propose to deed the property to the City of Lubbock for this purpose if the City will assume the payment of all the 1968 taxes and remove the buildings to satisfy building code requirements. This property was -foreclosed after the -death of the owner and abandonment by the heirs to the property. We will deliver a general warranty deed and you will have to satisfy yourself on the title. Very truly yours, /s/ Sid A. Lowery, Jr. Sid A. Lowery, Jr. Motion was made by Councilman Turner; seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen -Granberry, Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize acceptance of the above proposal from Lubbock Savings and Loan Association. Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City of Lubbock has previously conveyed certain property to the Lubbock Indust- rial Foundation, Inc., and WHEREAS, the City of Lubbock now wishes to correct such conveyance in order that it may con- tain reservations of air rights that are consistent with those reservations placed on adjoining property conveyed to the Foundation, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a CORRECTION DEED issued to Lubbock Industrial Foundation, Incorporated, 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 15th day of November., ATTEST LAVENIA LOWE, City Secretary -Treasurer APPROVED: s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS X COUNTY OF LUBBOCK X CORRECTION DEED KNOW ALL MEN BY THESE PRESENTS: NOV 15 1 r fl F11 THAT WHEREAS, the City of Lubbock, as Grantor, on or about the loth day of June, 1968, did execute and deliver to LUBBOCK INDUSTRIAL -FOUNDATION, INC., as Grantee, for the consideration therein mentioned, a conveyance of certain -land, situated in Lubbock County, Texas, and herein- after more particularly described, which said conveyance is recorded in Book 1169, Page 508 of the Deed Records of Lubbock County, Texas; and WHEREAS, in said earlier conveyance, the language -pertaining to the avigation easement was not as accurate as intended and this Correction Deed is therefore executed and delivered in con- firmation, ratification and correction of said earlier conveyance; and WHEREAS, to prevent difficulties hereafter, it is expedient to correct said errors: NOW THEREFORE, the City of Lubbock, a Home Rule Municipal Corporation, acting herein by and through its Mayor, as heretofore duly authorized by the City Council of the City of Lubbock, County of Lubbock, State of Texas, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, to it -cash in hand paid by LUBBOCK INDUSTRIAL FOUNDATION, a Texas Non -Profit Corporation, has granted, sold and conveyed and.by these presents does grant, sell and convey unto the said LUBBOCK INDUSTRIAL FOUNDATION of the City of Lubbock, State of Texas, all that certain block, tract or parcel of land located in Lubbock County, Texas, and beir more particularly described as follows: A tract of land out of the Northwest one-fourth (NW/4) of Section No. 51, Block A in Lubbock County, Texas, consisting of approximately 3.9 acres of land, more or less, in approximately a triangular shape, the same being bounded on the North by Loop 289, on the West by Quirt Avenue, and on the South by a Right -of -Way Line of the Panhandle and Santa Fe Railroad and more fully described by metes and bounds as follows: BEGINNING at a point which bears 2595.39 feet N 00 19' 15" W, and 93.58 feet S 890 40' 45" E, from the Southwest corner of Section 5, Block A, Lubbock County, Texas; THENCE N 640 37' E, along the Railroad Right -of -Way, a distance of 685.28 feet, to a point in the Southwesterly Right -of -Way Line of Loop 289; THENCE N 580 06' W, along the Southwesterly Right -of -Way Line of Loop 289, a distance of 169.50 feet; THENCE Northwesterly, along the.Southerly Right -of -Way line of Loop-289, and with a curve to the left, said curve having a Radius of 55-19.4 feet, a chord distance of 369.25 feet; THENCE Southwesterly, along the Southerly Right -of -Way line of Loop 289, and with a curve tc the left, said curve having a Radius of 75.00 feet, a chord distance of 113.63 feet to a point in the Easterly Right -of -Way line of- North Quirt Avenue; THENCE Southerly, along the Easterly Right -of -Way line of North Quirt Avenue, and along a curve to the left, said curve having a Radius of 5669.65 feet, a chord distance of 434.30 feet to the place of beginning. Containing 3.8246 acres of land, more or less. SAVE AND EXCEPT a triangular tract of land with a water well situated thereon located in the west part of the herein conveyed property, described as follows: BEGINNING at the Southwest corner of Lot 1, LUBBOCK INDUSTRIAL PARK ADDITION, said point being 2595.39 feet N.00 19' 15" W and 93.58 feet N 890 40' 45" E of the Southwest corner of Section 5, Block A, Lubbock County, Texas; THENCE Northerly, along the East Right -of -Way line of North Quirt Avenue a distance of 120 feet; THENCE East approximately 30 feet to a point in the West Right -of -Way line of a 15' power line easement; THENCE Southwesterly along the West Right -of -Way of said power line easement approximately 125 feet to a point in the North Right -of -Way line of the Railroad Right -of -Way; THENCE S 640 37' W along said Railroad Right -of -Way approximately 10 feet to the place of beginning. Containing .0551 acres of land, more or less. 1. SAVE AND EXCEPT Grantor, City of Lubbock, reserves unto itself in fee simple all of the underground water, oil, gas and other minerals, in, under and that may be produced from said land and 2. Grantor herein reserves a perpetual avigation easement and right-of-way, which easement and right-of-way shall run with the land for the unobstructed, unrestricted, and numerically unlimited flight of aircraft ("Aircraft" being defined for the purposes of this instrument as an3 contrivance now known or hereafter invented, used, or designated for navigation of, or flight in the air) by whomsoever owned and operated in, through, and across the air space, at any altitude or height fifty feet (50') or more above the surface of the conveyed property, together with the right to cause in such air space at an altitude of fifty feet (501) or -more above the surface of the ground over all of the land conveyed herein, and/or horizontally adjacent to said land such noise and vibration that may now or hereafter be caused by the operation within said air space of all aircraft landing at, or taking off from, or operating at or on the Lubbock Municipal Airport as presently located or as may be hereafter expanded; and Grantee, its successors and assigns does hereby fully waive, remise, and release any right or'cause of action which it may now have or which it may have in the future against Grantor, its successors and assigns, due to noise, vibration, smoke or dust that may be caused by the operation, within the air space herein - above identified,,or aircraft landing at, or taking off from, and/or operating at or on said 0 15 1968 Lubbock Municipal Airport. In the event the Federal Aviation Agency shall establish regulations and/or -standards concerning the air space above the land, which regulations and/or standards fix the bottom plane of the air easement at an altitude of more than fifty feet (50') above the sur- face -of the ground,.then the Federal Aviation Agency regulation -and/or standard shall apply there- after in lieu of the fifty foot (50') altitude provision hereinabove set out in this paragraph. 3. Subject to easements, if any, for water, gas, and other underground utility lines, elec- tric power lines and other overhead utility lines whether or -not recorded in the Deed Records of Lubbock County, Texas, or apparent on the ground and the other exceptions, reservations and condi- tions hereafter set forth. TO HAVE AND TO HOLD the above described premises together with all and singular, the rights and appurtenances thereto in anywise belonging to the said LUBBOCK INDUSTRIAL FOUNDATION, its successors and assigns forever and the City of Lubbock does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, the said premises unto the said LUBBOCK INDUSTRIAL FOUNDATION, its successors and assigns forever against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the City of Lubbock but not otherwise. WITNESS the hand of the City of Lubbock, on this the f ll/ LAVENIA LOWE, City ecreta y-Treasurer APPROVED: /s/ Fred 0. Senter,_ Jr. Fred 0. Senter, Jr., City Attorney 15th-day of Nove a 1968. CITY F By10 W. D. ROGERS, JR., Ma 68-27-410-998 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (27) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, -none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, -the Lubbock City -County Health Department has received from the Department of Health, Education and Welfare, an Air Pollution Control Grant, under provisions of Public Law 90-148, the .Clean Air Act; and - WHEREAS, it is necessary to establish an enforcement program to inspect and prevent air pollution; and WHEREAS, such enforcement program requires the cooperation of local governmental units within Lubbock County, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Cooperative Agreement, to be entered into with the City of Slaton and the County of Lubbock, which is attached hereto and 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 i Passed by the City Council this 15th day of -November, ATTEST: LAVENIA LOWE, City ecret y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney COOPERATIVE AGREEMENT -THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, under the provisions of Article 4477-5, Vernon's Civil Statutes of Texas, cities and counties of the State of Texas have the power to'perform air pollution inspections and to enforce the state law and such other rules and regulations as may be adopted pursuant to law where the Federal Government or the State Government has not acted to abate air pollution; 0 �IJ in WHEREAS, under the provisions of Section 13 of said Article 4477-5, the Clean Air Act of Texas, 1967, concerning the making of agreements between local governments for the abatement of air pollution, local governments (defined in Section 13 as cities or counties) have all the powers of the Texas -Air Control Board; WHEREAS, under the provisions of Article 4447a, V.C.S., counties and cities are permitted 1 NOV 15 1: r It F F P WHEREAS, by agreement dated November 8, 1951, a city -county health unit with the name and title of "Lubbock City -County Health Department" was created pursuant to agreement; and WHEREAS, said agreement authorized "Lubbock City -County Health Department" to do and perform all public health activities of the department within the boundaries of the City of Lubbock, City of Slaton, and the County of Lubbock and further provides for a gull -time director and staff which will be in complete charge of all public health activities for the "Lubbock City -County Health Department; WITNESSETH: This contract and agreement by and between the City of -Lubbock, Texas, and the City of Slato. Texas, hereinafter referred to as "Cities", and the County of Lubbock, hereinafter referred to as "County", witnesseth: 1. Under the provisions of -Article 447a, Vernon's Civil Statutes of. Texas, City and County have organized a city -county health unit, and such a program also includes air pollution inspections, investigations for the purpose of enforcement, and the general duties of providing studies, data and a plan for air quality management. This contract is made pursuant to authority contained in Section 13 (E), of the Clean Air Act of Texas, 1967, (Article 4477-5, V.C.S.) so as to assure a program -calculated to prevent and control air pollution by assuring adequate enforcement procedures. 2. The City -County Health Unit shall transmit all results of its investigations and copies of its data to both the City of Lubbock, the City of Slaton and the County of Lubbock under this agreement. 3. Either the cities or county may call upon the City -County Health Unit for additional investigations and -shall have the right to inspect the records and obtain the data thus obtained as a result of this county -city health unit operation. 4. Where suits appear to be necessary, the City of Lubbock and the City of Slaton agrees to assume primary responsibility for initiating such suits as to violations within their corporate limits. Primary responsibility for initiating suits as to violations in Lubbock County outside the corporate limits of the City of Lubbock shall be with the County Attorney of Lubbock County, Texas. The designations of primary responsibility for suits in this agreement does not preclude suits by the county or cities wherever same appear to be necessary. This paragraph is designed to assure that enforcement pro- cedures as a result of work done through the City -County Health Unit will receive prompt attention and rigid enforcement. 5. In cases where suit is brought under the Clean Air Act of Texas, 1967, a copy of the investigation reports, names -of witnesses and other data will be forwarded to the Attorney General of Texas at the time suit is filed so that the Texas Air Control Board can.have an opportunity to evaluate the suit and determine. its.position as a necessary party under Section 13 (D) of the said Clean Air Act of Texas, 1967. Forwarding of this report shall not delay the filing of suit. 6. All necessary applications shall be- made by the City -County Health Unit to the appro- priate Federal agencies under Public Law 90-148 (81 Stat 485), or other appropriate Federal laws, for proper funding of the said area air control agency. 7. The monies contributed by the signatory parties to this agreement (the cities and the county) shall be in the proportions set forth in the Federal Grant Application for Development, Continuation of Grant 69A-4703-RE which is incorporated herein and made a part of this contract. In the event of dissolution of the City -County Health Unit as a governmental district created under Article 447a V.C.S., property shall be divided among the municipalities in accordance with such contributions heretofore made in the Federal Grant, as amended from time to time. 8. The City -County Health Unit shall be charged with enforcing the Texas Air Control Board rules and regulations. In those areas of air pollution wherein the State of Texas, through its Texas Air Control Board has not adopted rules, the parties hereto agree that the City of Lubbock and the City of Slaton shall consider such ordinances relating to air pollution as in the opinion of the Cities and Lubbock City -County Health District may be deemed appropriate. EXECUTED THIS 15TH DAY OF NOVEMBER, 1968. ATTEST* f LA IA LOWE, City Secretary APPROVED: Isl Fred 0. Sentert Jr. Fred 0. Senter, Jr., City Attorney CITY ROGERS �,; CITY OF SLATON By Isl J. Cain Mayor ATTEST: City Secretary 12 OV 15 1968 COUNTY OF LUBBOCK Lubbock County Commissioners Court By /sr Rodrick L. Shaw COUNTY JUDGE APPROVED AS TO FORM: /s/ Thomas J. Purdom 68-27-412-999 Bids as follows were received for purchase of electric poles for Warehouse stock, being Bid No. (38) 485. -Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of International Paper Company, Port Worth, for purchase of Items 1 and 2. Accept the bid of Koppers Company, Houston, for purchase of Item 3. 68-27-412-1000 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 497. (39) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Nelson Electric Company for purchase of Item 1-. Accept the bid of Temple, Inc. for purchase of Item 2. Accept the bid of Westinghouse Electric Supply Company for purchase of Items 3 and 4. Accept the bid of Graybar Electric Company for purchase of Items-5 and 7. Accept the bid of Southwestern Electric Supply Company for purchase of Item 6. Accept the bid of Nunn Electric Supply Corporation for purchase -of Item 8. Accept the bid of General Electric Supply -Company for purchase of Item 10. 68-27-412-1001 Bids as follows were received for purchase of miscellaneous water items, being Bid No. 501. (40) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Roger3 and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of M. B. McKee°Company for purchase of Items 1, 2, 6, and 7. Accept the bid of The Rohan Company for purchase of Items 3 and 4. Accept the bid of Trans -Tex for purchase of Item 5. 68-27-412-1002 Bids as follows were received -for purchase of paint for concrete water reservoir, being Bid No. (41) 482. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of PPG Industries, Inc., for purchase of paint for concrete reservoir. 68-27-412-1003 Bids as follows were received for purchase of 100,000 pounds of ferric sulfate for the Water (42) Treatment Plant, being Bid No. 516. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor- Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Tennessee Corpora- tion, Atlanta, Georgia, for purchase of ferric sulfate. 68-27-412-1004 Bids as follows were received for sewer and water works improvements in University Avenue from (43) South Loop 289 to 82nd Street, being Bid No. 490. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Panhandle Construc- tion Company for sewer and water works improvements. The Mayor is hereby authorized to enter into contract. 68-27-412-1005 Bids as follows were received for the 1969 Street Paving Program, being Bid No. 491. (44) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Kerr Construction Company for the 1969 Street Paving Program. 1t NOV .15 191 F F 68-27-413-1006 Bids as follows were received for the 1969 Alley Paving Program, being Bid No. 492. (44a) Bid Tabulation set in Bid.Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Frank Hodges for the..1969 Alley Paving Program. 68-27-413-1007 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (21) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval and final payment to Pioneer Pavers, Inc., in the amount of �9,479.30 for surfacing at the following locations: 1. Memphis Avenue and 55th Street 2. University Avenue and 19th Street 3. Library Parking Lot. Honorable Mayor and City Council November 15, 1968 City .of Lubbock. Lubbock, Texas Gentlemen: I submit herewith the closing documents for parking lot and street surfacing, known and designated as GWO 2949, GWO 10646 and GWO 10649. .Final inspection has been made of the abovementioned improvements and said improvements have been constructed in accordance with plans, specifications and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, /sl Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF. LUBBOCK I . Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Elliott Taylor, who being by me duly sworn, upon oath says: I, Elliott Taylor, President Pioneer Pavers, Inc., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated September 12, 1968, for paving of parking lot and streets, under GWO 2949, GWO 10646 and GWO 10649, and that the work and contract has been completed according to the plans and specifica- tions 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 payment 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 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 18th day of November, 1968. s/ Elliott Taylor Elliott Taylor, President Attest: /s/-Bobby Anne Crawford Ass't. Secretary Subscribed and sworn to before me this the 18th day.of November, 1968. /s/ Bobbie_ Scoggin Notary Public in and forLubbockCounty, Texas 68-27-413-1008 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor (22) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5571 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5571 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 Tmnrovement Bond Fund '14 OV 15 1968 The sum $11,224.00 For the following purpose: 1. Construction of culvert under 70th Street approx. 50 feet West of Avenue W 2. Construction' of dip section in 70th Street for surface overflow to match above culvert 3. Construct dip section in Avenue W immediately north of Loop 289 to drain low area of alley between 71st Street to Loop 289 68-27-414-1009 NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF LUBBOCK (31) Notice is hereby given that the Governing Body of the City of Lubbock, subject to the pro- visions of Article 2559 to Article 2566 A, Revised Civil Statutes of Texas, as amended, will receive applications from all interested banking institutions within the City of Lubbock to serve as prime depository of the City of Lubbock and maintain custody of the funds of the City for a period of one year from December, 1968 through November 30, 1969. Any such applications shall be delivered to the office of the City Secretary in the City Hall prior to 11:00 a.m. November 15, 1968. It is requested that each bank bid by filling in the blanks and agreeing to the following specifications. All blanks must be filled in. (It is requested that each bank bid, by filling in the blanks and agreeing to the specifi- cations set forth in the bid forms. All blanks must be filled in. Bid forms maybe obtained from the'City Secretary -Treasurer.) Interest rates must be specified as to demand deposits, time deposits stated separately as to multiple maturities of 30 days,.60 days, 90 days, 180 days, 360 days and when compounded Fixed maturities and/or C.D.'s under $100,000 must state the rate as to 30 days, 60 days, 90 days, 180 days, 360 days and when compounded. Fixed maturities and/or C.D.'s $100,000 and over must state the rate as to 30 days, 60 days, 90 days, 180 days, 360 days and when compounded. Charges, if any, must be stated for the handling of checks and deposits and for the handling of temporary overdrafts. The rate of interest, if any, to be charged on loans and maximum loan limit and the rate of interest, if any, to be charged on warrants. In addition to the normal services and supplies furnished by the depository bank, the follow- ing services are standard and common to most depository contracts. The City of Lubbock needs these services and expects them to be furnished at no charge as a part of this proposal.. Foreign and Domestic Exchange Paying Agent for Bonds Bond and Coupon Service Wire Transfer Service Parking facilities Safe Deposity Boxes Coin Wrappers Night Depository Service including Bags and Keys Traveler's and Cashier's checks Daily Balance on each account Bidders are requested to submit any further concessions or services which they may want to offer to the City of Lubbock and make any comments as -further consideration in selecting the City's depository: All monies which are deposited into the depository under the provisions of this proposal shall be continuously secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of direct obligations having a par value or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit in said several funds on deposit in the depository. All time deposits or time certificates of deposit which have not elapsed on the termination date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. The City of Lubbock reserves the right to accept or reject any or all bids, to waive formal- ities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of any of its surplus or excess funds outside the desig- nated depository, in any lawful manner as may be determined by the City Council, from time to time throughout the term of the contract. ' In the event it is desired to submit an alternate bid for a period of time greater than one year, the terms of such proposal should be submitted on a duplicate bid sheet and marked "ALTERNATE PROPOSAL" with the designated time period. 'Bid information and bid forms are available in the office o£ he City Secretary -Treasurer in the City Hall, Lubbock, Texas. LAVENIA LOWE, City Secre ary-Treasurer City of Lubbock, Lubbock County, Texas Ll In accordance with the above Notice to Bidders, bids as follows were opened and read by Mayor NOV 15 �q1_ ap ON i NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF LUBBOCK Term: One Year, December 1,-1968 through November 30, 1969 Notice is hereby given that the Governing Body of the City of Lubbock, subject to the pro- vision of Article 2559 to -Article 2566 A, Revised Civil Statutes of Texas, as amended, will receive applications from all interested banking institutions within the City of Lubbock to serve as prime depository of the City of Lubbock and maintain custody of the funds of the City for a period. -of one year from December 1, 1968 through November 30, 1969. Any such applications shall be delivered to the office of the City Secretary in the City Hall prior to 10:00 a.m. to be opened publicly at 10:30 a.m., November 15, 1968. It is requested that each bank bid by filling in the blanks and agreeing to the following specifications. All blanks must be filled in for your bid to be evaluated -and considered. Interest hates Rate Demand -Deposits None Time Deposits Multiple Maturities: Thir-ty (30) , days 4 Sixty (60) days 4 Ninety (90) days 5 One hundredoeighty (180) days 5 Three hundred -sixty (360) days 5 Compounded When? Quarterly Fixed Maturities and or C.D.'s under 100 000: Thirty (30) days 4 Sixty (60) days 4 Ninety (90) days 5 One hundred -eighty (180) days 5 Three hundred -sixty (360) days 5 Compounded When? Quarterly Fixed Maturities and/or C.D.'s $100,000_and _over: Thirty (30) days 5 Sixty (60) days .5 1/4 Ninety (90) days 5 1/2 One hundred -eighty (180) days 5 5/8 Three hundred -sixty (360) days 5 3/4 Compounded When? Quarterly Charges, if any, for handling of checks and deposits 5.9G per item Charges, if any, for handling of temporary overdrafts A charge of 4% per annum will be made on overdrafts after two days. Rate of interest, if any, to be charged on loans and maximum loan limit Rate of interest, if any, to be charged on warrants Maximum loan limit, $600,000.00. Rate of inter est, 4%. To be negotiated at time of issue, in line with the then current money market. In addition to the normal services and supplies furnished by the depository bank, the following services are standard and common to most depository contracts. The City of Lubbock needs these services and expects them to be furnished at no charge as a part of this proposal. Foreign and Domestic Exchange Paying Agent for Bonds Bond and Coupon Service Wire Transfer Service Parking facilities Safe Deposit Boxes Coin Wrappers .t Night Depository Service including Bags and Keys Traveler's and Cashier's checks Daily Balance on each account Bidders are requested to submit any further concessions or services which they may want to offer to the City of Lubbock and make any comments as further consideration in selecting the City's depository. i All monies which are deposited into the depository under the provisions of this proposal shall be continuously -secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of direct obligations having a par value or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit -in said several funds on deposit in the depository. All time deposits or time certificates of deposit which have not elapsed on the termination 416 NOV 15 1968 date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. The City of Lubbock reserves the rightto accept or reject any or all bids, to waive formali- ties, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of any of its surplus or excess funds outside the designated depository, in any lawful manner as may be determined by the City Council, from time to time through- out the term of the contract. In the event it is desired to submit an alternate bid for a period of time greater than one year, the terms of such proposal should be submitted on a duplicate bid sheet and marked "ALTERNATE PROPOSAL" with the designated time period. Dated this 7th day of November, A.D. 1968. jalle.o­ LAV IA , i ary-Treasurer City of Lubbock, Texas Name of Bank Citizens National Bank, Lubbock By /sl Willard Paine Title President Date 11-15-68 This agreement is made subject to the statutes of the Congress of the United States and the State of Texas and subject to the rules and regulations promulgated by the Office of the Comptroller of the Currency of the United States, the Board of Governors of the Federal Reserve System, and the Board of Directors of the Federal Deposit Insurance Corporation, as are now in existence and such other statutes, rules, and regulations of these entities as may hereafter become effective during the term of this agreement; and if this agreement should be or become in conflict with such statutes, rules and regulations, then this agreement shall be amended to comply with such statutes, rules and regulations. Lsl Willard Paine ALTERNATE BID NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF LUBBOCK Term: Two Years, December 1, 1968 through November 30, 1970 Notice is hereby given that the Governing Body of the City of Lubbock, subject to the pro- visions of Article 2559 to Article 2566 A, Revised Civil Statutes of Texas, as amended, will receive applications from all interested banking institutions within the City of Lubbock to serve as prime depository of the City of Lubbock and maintain custody of the funds of the City for a period of one year from December 1, 1968 through November 30, 1969.. Any such applications shall be delivered to the office of the City Secretary in the City Hall prior to 10:00 a.m. to be opened publicly at 10:30 a.m., November 15, 1968. It is requested that each bank bid by filling in the blanks and agreeing to the following specifications. All blanks must be filled in for your bid to be evaluated and considered. Interest Rates Demand Deposits Time Deposits Multiple Maturities: Thirty (30) days Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Compounded When? Quarterly Fixed Maturities and/or C.D.'s under $100,000: Thirty (30) days Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Compounded When? Quarterly Fixed Maturities and/or C.D.'s $100,000 and over: Thirty (30) days Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Compounded Wren? Quarterly Rate None 4 4 5 5 5 4 4 5. 5 5 5 5 1/4 . 5 1/2 5 5/8 5 3/4 ti_ Charges, if any, .for handling of checks and deposits Charges, if any, for handling of temporary overdrafts SC per item A charge of 4% per annum will be A Nov 15 rsE Rate of interest, if any, to be charged on loans and maximum loan limit -Maximum loan limit, $600,000.00. Rate of interest, 4%. Rate of interest, if any, to be charged on warrants To be negotiated at time of issue, in line with the then current money market. In addition to the normal services and supplies furnished by the depository bank, the following services are standard and common to most depository contracts. The City of Lubbock needs these services and expects them to be furnished at no charge as a part of this proposal. Foreign and Domestic Exchange Paying Agent for Bonds Bond and Coupon Service Wire Transfer Service Parking facilities Safe Deposit Boxes Coin Wrappers Night Depository Service including Bags and Keys Traveler's and Cashier's checks Daily Balance on each account Bidders are requested to submit any further concessions or services which they may want to offer to the City of Lubbock and make any comments as further consideration in selecting the City's depository. All monies which are deposited into the depository under the provisions of this proposal shall be.continuously secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of direct obligations having a par value or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit in said several funds on deposit in the depository. All time deposits or time certificates of deposit which have not elapsed on the termina- tion date of the finally approved depository contract, shall remain on deposit with the same depository under the.same terms and conditions in effect during said contract until the date such time deposits have elapsed. The City.of Lubbock reserves the right to accept or reject any or all bids, to waive formalities, and to -accept the bid the City considers:the most advantageous. The City also reserves the right to place or invest part or all of any of its surplus. or excess funds outside the designated depository, in any lawful manner as may be determined by the City Council, from time to time throughout the term of the contract. In the event it is desired to submit an alternate bid for a period of time greater than one year, the terms of such•proposal should be submitted on a duplicate.bid sheet and marked "ALTERNATE PROPOSAL" with the designated time period. Dated this 7th day of November, A.D. 1968. LAVEN LONE, City ecret y-Treasurer City of Lubbock, Texas Name of Bank Citizens National Bank of Lubbock, Texas__ .By /s Willard Paine Title President Date. 11-15.68 This agreement is made subject to the statutes of the Congress of the United States and the State of Texas and subject to the rules and regulations promulgated by the Office of the Comptroller of the Currency of the United States, the Board of Governors of the Federal Reserve System, and the Board of Directors of the Federal Deposit Insurance Corporation, as are now in existence and such other statutes, rules, and regulations of these entities as may hereafter become effective during the term of this agreement; and if this agreement should be or become in conflict with such statutes, rules and regulations, then this agreement shall be amended to comply with such statutes, rules and regulations. s</ Willard Paine Security National Bank of -Lubbock Lubbock, Texas November 15, 1968 Honorable Mayor and City Council Lubbock, Texas Gentlemen: It is obvious to us that the bid form mailed last week was designed in a manner to eliminate any small bank from successfully obtaining a bid on the City Depository, therefore, we are returning the bid sheet incomplete. The bid that we submitted before was the best bid that we could give the City, and should you desire to consider it at this time, we will be happy to honor our commitment. In our opinion, that bid was the best for the City in that it allowed the City to invest excess funds in govern- ment bonds or other investments that are permitted the City. The City, in the next to the last paragraph in the bid form mailed, stated that it also reserved the right to place or invest part or all of its surplus or excess funds outside the designated 418 ov 15 1968 depository in any lawful manner as may be determined -by the City Council from time to time through- out the term of the contract. We would like to go on record that we would like to negotiate a rate for certificates of deposit after the depository is chosen. Our small bank could accept up to $1,000,000 in certificates of deposit, and we feel that we will -be in a position to offer a good rate. It is the desire of the Security National- Bank to assist the City in obtaining the best possible rate for its'idle or excess funds. This is the only reason for our submitting this proposal. Respectfully submitted, /s/ Douglas Boren Douglas Boren Mayor W. D. Rogers City of Lubbock Lubbock, Texas Dear Mayor Rogers: We, the Security National Bank of Lubbock, desire to become the depository for the City of Lubbock for the period beginning October 1, 1968, and ending on September 30, 1969 or 1970. Our proposal is set forth as follows: We agree to receive demand funds of the City of Lubbock in line with customary banking practices and under existing statutory regulations governing City depositories, the same being Articles 2559 through 2566A Vernon's Annotated -Texas Statutes. The minimum or maximum amount of deposit funds placed in our bank will be left entirely to the discretion of the City. All funds of the -City of Lubbock in excess'of.those deposited in our bank may be placed in such investments as the City of Lubbock acting through its duly authorized officers or agents may direct.- We feel that the City can realize a -substantial increase in income by having the opportunity to invest these funds in government bonds, Certificates of Deposit, Time Deposits, or other securities at their discretion as opposed to having large outstanding demand deposits in banks drawing no interest. -As security for all deposits we will pledge to the City of Lubbock assets in the form required by Article 2560 Vernon's Annotated Texas Statutes and our pledge of these 'assets will always be in conformity with this statute. Demand deposits will be handled with a service charge of 10tper item on all items of deposits made and on all checks drawn on the Security National Bank. For example, if the City of Lubbock issues-300,000 checks, a clearing of these checks will incur a service charge of $30,000. In addition, if 60,000 items -are handled in connection with deposits made by the City of Lubbock, the City will incur a service charge of $6,000. During the term of this contract advances will be made to the City of Lubbock within the limits prescribed by law and the legal loan limit of this bank at an interest rate of 3 I/2% per annum. Additional funds in excess of our loan limit up to $500,000 will be furnished through correspon- dent banks under the same terms. We agree to act as paying agent without charge on any and all bonds now existing or hereafter issued by the City of Lubbock during the term of this contract. We further agree to service all bonds and coupons as paying agent for the City of Lubbock without charge. The City of Lubbock will be furnished wire transfer service to any point in the United States at our cost. Sufficient safe deposit boxes in our bank vault will be furnished without charge to provide for the needs and demands of the City of Lubbock. Any items or services not specifically covered in this bid will be furnished to the City of Lubbock at a reasonable cost commensurate with like services rendered by banks in Lubbock County, Texas. This bid is made subject to the terms of such rules and regulations promulgated by the Office of the Comptroller of the Currency of the United States and the Board of Governors of the Federal Reserve Systemas are now in existence and such other rules and regulations for these agencies as may hereafter become effective during the term of this agreement; and if this bid should be or become in conflict with such rules and regulations. The intent of our proposal is to allow the City to take advantage of the investment talent avail- able to it within its -own staff and the council available from Security National Bank, correspon- dent bank and other sources to gain the maximum income for the City through the most advantageous investment of its excess funds. We indeed appreciate the opportunity of making this proposal to you. We welcome the opportunity to explore the details of this bid with you and are available at any time should you desire further information. Very truly yours, /s/ Douglas Boren Douglas Boren President Security National Bank Ll r 11 The National Bank of Commerce/Dallas National Bank of Commerce Building/LTV Tower Dallas, Texas 75201 John M: Gray N ) v 1 1! r9� 7 7 In connection with your bid for the City of Lubbock funds, -please accept this letter as our commitment to accept from you such ratable portion of these deposits as you would like for us to have on the identical terms and cogditions as you receive the funds from the City of Lubbock. This will also confirm our willingness to secure these deposits with acceptable collateral that you, in turn, can pledge to the City of Lubbock. We appreciate your friendship and are glad to help out in this respect. Best regards. Sincerely yours, /q/ John M.Gray Chairman of -the Board Mr. Douglas Boren, President Security National Bank Lubbock, Texas National Bank of Commerce Dallas, Texas Mr. W. R. Blackwell City Manager City Hall 916 Texas -Avenue Lubbock, Texas Dear Bill: I was delighted to have the opportunity to meet you and visit with Sterling and Mr. Senter. Doug and I will go to any extent working with you, and I am sure it will be a mutually profitable relationship. If you so desire, I will write Doug and send you a carbon copy of the letter guaranteeing a minimum floor of 5% on certificates of deposit, as we discussed. This could be on a 30-day basis on up. Obviously we would like it as long as possible, but it would not be as restricted as the other bid that requested it would be 360 days. Please let me know what your pleasure is and I will be happy to help you. Very truly yours, /s/ Dane Dane Grant After consideration of all bids received, it was unanimously agreed by the City Council that the bids received, it was unanimously agreed by the City Council that the -bids be taken under advise- ment to be awarded at a later date. Councilman Hollingsworth abstained from discussion on this item. 68-27-419-1010 Mr. Robert E. Stanford, Chairman of the Board of Electrical Examiners, appeared before the City (32) Council and presented recommendations of the Board as to the use of Romex in multiple housing projects. Mr. Sanford and Fire Marshall A. C. Black presented to the City Council a survey made as to the use of Romex in other cities in Texas. After consideration of all information presented it was unanimously agreed by the City Council that the ordinance covering use of electrical wiring in multiple housing projects remain as is at this time. 68-27-419-1011 Motion by Councilman Granberry, -seconded by Councilman Hollingsworth, motion carried, Mayor (33) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the City Engineering Department to prepare plans and specifications for Posey Neighborhood Center. After plans and specifications are completed, they are to be presented to the City Council for approval before construction is started. 68-27-419-1012 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion. carried, Mayor Rogers and (30) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize supplement to Account No. 10-1006-444 in the amount of $1,066.97 to cover the prorata share of Anti -Trust litigation. 68-27-419-1013 The City Council considered the claim of Lonnie L. White for property damage in the amount of (36) $241.54. This claim is a result of a collision between the claimant's vehicle and a City grader. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollings- worth, Rigsby, and Turner voting Yea, none voting Nay, that this claim for property damage be denied. 68-27-419-1014 'The City Council considered the claim of Mr. and Mrs. J. 0. Danner for property damage in the (37) amount of $78.34 caused by sewer stoppage. After consideration of all information presented, motion was,made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that this claim for property damage be denied. 68-27-419 -1015 The City Council considered the claim of Mr. and Mrs. J. R. Davis for personal and property damage (45) in the amount of $10,000 caused by jet aircraft flying over their residence located at 907 East Kent Street. After consideration of all information presented, it was unanimously agreed by the City Council that this claim for personal and property damage be denied. 68-27-419-1016 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (34) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author- ize supplement to the Health Department Budget Account No. 5043 for employment of a Sanitarian and one-half of the salary of a Health Educator. `0 )V 15 1968 68-27-420-1017 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (24) Councilmen Granberry, Hollingsworth; Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5572 be passed on first reading. ORDINANCE NO. 5572 AN ORDINANCE ABANDONING AND CLOSING THE SOUTH ONE-HALF OF THE NORTH-S0UTH ALLEY IN BLOCK 103, ORIGINAL TOWN OF THE CITY OF LUBBOCK AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTION OF SUCH ALLEY AS AFORESAID. 68-27-420-1018 Mr. Owen -Gilbreath appeared before the City Council requesting that adjustment be made to the (5) annual fee•in-a street use license to R. C. Young Seed and Grain Company covering Avenue E at 27th Street. After consideration of all information presented, motion was,made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a STREET USE LICENSE, granted to the R. C. Young Seed and Grain Company, 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. r-'s, Passed by the City Council on this 15th day of November, 1968 Lot 0, W. D. ROGERS, JR., ATTEST: i LAVENIA LOWE, City ecreta y-Treasurer APPROVED: /s/Fred 0.' Se_n_ter.. Jr. Fred O. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 15th day of November, 1968, between the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City" and R. C. Young Seed and Grain Company, a corporation authorized to do business in the State of Texas, hereinafter called "Grantee." WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its successors and assigns, the right, privileges and license to use a portion of the public was as hereinafter described: That portion of Avenue E between the North Right -of -Way line of 27th Street and the South Right -of -Way line of the alley North of 27th Street; said tract being 142.5' long and 50' wide and lying adjacent to the East side of Lot 13, Block 1, Morningside Addition to the City of Lubbock, Lubbock County, Texas. 1. The use granted hereby extends that granted by that certain license between the parties hereto on June 27, 1963, and the improvements permitted thereon shall be those existing at the date of this instrument. 2. The term of this grant shall be for a period of one year with the right to renew yearly, without notice, upon the payment of the annual fee, but such renewals shall in no event extend beyond twenty years from the date of this license. 3. Grantee shall pay to the City as a compensation for such grant the sum of THIRTY-FIVE AND N01100 ($35.00) DOLLARS per year for the duration of this license, with the first year payable on execution of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license. 4. Payment of the annual fee provided above shall be made by Grantee by City on January lot of each year this license is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within thirty (30) days from receipt of such notice, the City shall consider such non-payment as a default in this license and the City Council shall determine whether such license shall be considered forfeited and may elect to demand vacation by Grantee. 5. It is understood that the construction authorized herein has been completed, but as to any changes or additions the following shall apply: ri C Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer. 2� NOV 15 196 6. The Grantee agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. Grantee shall erect such barricades, warning signs and other safety devices as may be required by the City Engineer. 7. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the Cityor"franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except far Grantee's.use herein. 8. This license is made subject to the condition that should the Grantee, their successors or assigns, exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated, over and across any or all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may.grow out of or be related to the making of this license or the construction or maintenance herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur, or become liable for resulting in any manner from the construction, maintenance and use permitted herein. City, at its option, may require an agreement with any contractors hired by Grantees to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, -liability,-cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guaranteeing the faithful performance of all the terms, covenants, and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said i City, covering the contractual liability assumed by contractor in said agreement with City. 9. At such time as this license should be canceled or revoked for any reason, the improve- ments that are permitted under this license shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock; nor shall the City be liable to Grantee for loss in revenue or loss in value of equipment occasioned by such removal. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. The City, at its election, may cancel and revoke a need to open the licensed property as a public street; days written notice to Grantee before the effective date this license, in the event it determines in such event, the City shall give 180 II of such cancellation. 10. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the Grantees, their successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 11. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property covered upon termination or can- cellation of this license. CIT BY: ATTES . f LAV9NIA LOWE, City Secr tary-Treasurer AGREED TO AND ACCEPTED this day of , 1968. LICENSEE: R. C. YOUNG SEED AND GRAIN COMPANY BY: APPROVED: sl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney APPROVED: /sl Wilford D. Watson Wilford D. Watson, City Engineer 68-27-421-1019 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (35) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. Application on file RESOLUTION under City -Co. Health WHEREAS, the City Council has determined a need to improve the health of the citizens of Lubbock through an education and preventive health maintenance program designed to reduce com- . .. .. ..,... T..---- ,,__ _ 22 NOv 15 1968 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby approved the application of the City of Lubbock, acting by and through the -Lubbock City -County Health Department, for a health services project grant under the project title of "Low Socioeconomic Neighborhood Disease Control Demonstration Project", and Dr. David M. Cowgill, Director of the Lubbock City -County Health Department is hereby authorized and directed to ,execute such application for and on behalf of the City of Link. Passed by the City Council this 15th day of November, 1968 ATTEST � oavzo, 14 LA IA LOWE, Ci Secr tary-Treasurer APPROVED: Isl Fred 0. Senter, Jr. _ FRED 0. SENTER, JR., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING NOVEMBER 15, 1968. ATTEST: LAVENiA OWE, City Se etary-Treasurer READ AND APPROVED THIS THE 26 DAY OF NOVEMBER, 1968. ATTEST• LA IA LOWE, City ecretary-Treasurer