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Home My WebLink AboutMinutes - City Council - Regular - 2/13/1969FES X a 1 I FI. F February 13, 1969 REGULAR CITY COUNCIL MEETING: The City Council of the City -of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meetinj 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 Rig: and Morris W. Turner., City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell and Assis- tant City Manager Robert Wilson. Absent: City Secretary -Treasurer Lavenia Lowe 69-28-51-101 Invocation was given by Director of Public Services Al Couch. (1) 69-28-51-102 The Pledge of Allegiance to the Flag was given in unison by those present'in the Council Chamber (2 ) 69-28-51-103 Mr. James G. Marshall appeared before the City Council requesting that the Minutes of the Janua3 (3) 23, 1969, City Council Meeting reflect Mr. Marshall's statement and intent of the City Council z to store sewers. After consideration of Mr. Marshall's request, 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 hold approval of the Minutes until the records of the January 23,.:1969, City Council Meeting can be checked. 69-28-41-104 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (4) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to author12 approval of Minutes of Accounts Allowed for the months of December and January. 69-28-51-105 (18) Vouchers checked by Deaton Rigsby, February 11, 1969 CHECK NUMBERS DECEMBER-JANUARY Water Water Capital Projects Water Pro Rata Electric Electric Capital Projects Airport Revenue Working Capital Fund Fire Station Fund Storm Sewer Fund Street Improvement Fund Street Light Fund Park Bond Fund Sanitary Sewer Fund Traffic Light Fund Sanitation, Trash, & Garbage Disposal Fund Municipal Warehouse Storm Sewer Drainage Bond Retirement & Reserve-Elec. Bond Retirement & Reserve -Water Interest & Sinking Fund General Fund Auditorium Operational City Special (BCD) Paving Fund Personal Appearance Bond Sewer Pro Rata Special Fund Undistributed Tax Fund Social Security Cemetery Reserve Water & Sewer Line Ext. Water Treating and Softening DECEMBER 2089-2222 1827-1831 1695-1710 5666-5845 598-599 4333-4376 8745-8969 188-193 836=838 2132-2152 622-626 1380-1391 973-975 438-447 7-8 1 1 2-3 3-4 259-262 3535-4052 4329 118-119 27 53-63 1149-1161 252-255 370-374 57 4 106 JANUARY 2223-2342 1832-1847 1711-1727 5846-5983 600-602 4377-4433 8970-9201 195-200 839-844 2153-2163 627-636 1392-1403 976-986 448-462 9 2 2 4-5 5-7 263-268 4053-4693 120 28 64-77 1162-1169 256-257 375-385 84A Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5594 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5594 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certa specific funds out of bond funds for an approved project; 13 19a 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 $43,774.31 For the following purpose: Construction of water lines ahead of 1969 street and alley paving program. See attachment.No. 1 for locations. 59-28-52-106 Motion by Councilman Turner, seconded by Councilman'Hollingsworth, motion carried, Mayor Rogers (19) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none -voting Nay, that Ordinance No. 5596 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5596 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $5,400.00 For the following purpose: To purcbiase approximately two (2) acres of land adjacent to Chris Harwell School at40th Street & Avenue-B, and to pay all closing costs on this transaction. 59-28-52-107 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (20) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5597 be passed on second and final reading. ORDINANCE NO. 5597 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. 1582: CHANGE A TRIANGULAR TRACT OF LAND BOUND ON THE WEST BY AMARILLO ROAD, ON THE NORTH BY 3RD STREET, AND ON THE EAST BY MACKENZIE STATE PARK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-3"-ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 3-28-52-108 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (21) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5598 be passed on second and final reading. ORDINANCE NO. 5598 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. 1583: CHANGE THE E. 330' OF BLOCK 1, REPLAT OF GRANVILLE JOHNSON ADDITION, CITY (F LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "C-3" TO A "C-4" ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 59-28-52-109' Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (22) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5599 be passed on second and final reading. ORDINANCE NO. 5599 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: PROFESSIONAL TYPE OFFICES IN ZONE CASE NO. 1576 ON THE W 1/2 OF LOTS 6 AND 7, BLOCK 9, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-52-110 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (23) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5600 be passed on second and final reading. 0 ORDINANCE NO. 5600 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY CHANGING SECTION 17.4A-2-1 GOVERNING SIGNS ON FRONT WALLS; CHANGING SECTION 17.4A-2-2 GOVERNING SIGNS ON SIDE STREET WALLS OR ROOF; CHANGING SECTION 17.4A-2-3 GOVERNING SIGNS ON INTERIOR SIDE WALLS OR ROOF; ADDING THERETO A NEW SECTION 17.4A-2-4 GOVERNING HANGING OR PROJECTED SIGNS; CHANGING SECTION 17.4A-3 STATING GENERAL SIGN REGULATIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-42-111 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (24) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5572 be passed on second and final reading. ORDINANCE NO. 5572 AN ORDINANCE ABANDONING AND CLOSING THE SOUTH ONE-HALF OF THE NORTH -SOUTH 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. FEB , F F F 69-28-53-112 Motion by Councilman Turner, seconded by Councilman -Hollingsworth, motion carried, Mayor Rogers (25) - and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that t 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 ishereby authorized and directed to execute f, and on behalf of the City of Lubbock a Quit Claim Deed in favor of Lubbock National Bank, attac' 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 13th day of February, 1969. ATTEST' i LA IA LOWE, Cif Secr ary-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 X 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 N0/100 ($1.?0) DOLLARS, and other good an( valuable consideration to it in hand paid by the Lubbock Nation/Rank, the receipt of which is -hereby acknowledged, does -by these presents BARGAIN, SELL, RELEASE and forever QUIT CLAIM unto the said Lubbock National Bank, its successors and assigns, all its rights, title and interest 1 those certain tracts or parcels of land lying in the County of Lubbock in the State of Texas, described as follows, to -wit: BEGINNING at the Northeast corner of Lot 10, Block 103, Original Town, City of Lubbock, Lubbock County, Texas; THENCE South 115 feet to the Southeast corner of said Lot 10, Block 103; THENCE East 20 feet to the Southwest corner of Lot 11, Block 103 of said Original Town; THENCE North 115 feet to the Northwest corner of said Lot 11, Block 103; THENCE West 20 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD, the said premises, together with all and singular the rights, privilef and appurtenances thereto in any manner belonging unto the said Lubbock National Bank, its successors and assigns forever, so that the said City of Lubbock, nor it cessors and assigns nor any person or persons claiming under it shall, at any t ate er .1 claim or d d any right of title to the aforesaid premises or appurtenances rt he �}of. a a lJ vl SL]SA W. D. ROGERS, JR.,N4aj6r ATTEST• I l/l!/ .LAVENIA LOWE, City Secretary"Treasurer APPROVED: /s/ Fred 0. Seater, Jr. Fred 0. Senter, Jr.-, City Attorney � 69-28--53-113 The City Council considered Zone Case No. 1571 having been continued from January 9, 1969 - (26) Appeal,of Hulen J. Penney to change a lot located at the northwest corner of 22nd Street and Joliet Avenue from "R-l" to "AM" zoning district. The Planning and Zoning Commission recommend( that this request not be granted. Mr. Hulen J. Penney appeared before the City Council in suppc of this zone change request. Mayor Rogers called for opponents to appear before the City Councl but no one came forward. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmer Granberry, Hollingsworth, and Rigsby voting Yea, Councilman Turner voting Nay, to Table this zor case and instruct Mr. R. W. Burr, Director of Planning, to come forward within 60 days with a comprehensive plan for the area using the boundaries of the original Zone Case No. 1559 being bordered on the north by 19th Street, on the south by the alley between 22nd Place and 23rd Str( on the east by Indiana Avenue and on the west by Knoxville Avenue. 69-28-53-114 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (27) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay to allow McWhorter Tire Company, located at loth Street between Texas Avenue and Avenue J, three addition driveway openings on loth Street. 13 1969 i9-28-54-115 Motion by Councilman Rigsby, seconded -by Councilman Turner, motion carried, Mayor Rogers and (28) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to grant the request of Mr. Roy Jennings to construct paving improvements on the south one-half of 54th Street in an area between Memphis Avenue and Kenosha. Avenue. 59-28-54-116 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (30) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to grant the request of Pioneer Pavers, Inc., to close the 1966 Paving Program - G.W.O. 10502 and G.W.O. 2907. Honorable Mayor and City Council February 13, 1969 t-1 City of Lubbock Lubbock, Texas Gentlemen: I submit herewith the closing documents for 185 blocks of street paving known and designated as G.W.O. 10502 and 2907. 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, /s/ Wilford D. Watson Wilford D. Watson City Engineer Mr. Wilford D. Watson, City Engineer December 30, 1968 City of Lubbock P. 0. Box 2000 Re: Contract GWO 10,502 & GWO 2907 Lubbock, Texas Dear Sir: We have completed work on all -units and--sub-units,of the subject project on which right-of- way was. available to permit completion before the October 15th deadline. We therefore request that this contract be terminated. Very truly yours, PIONEER PAVERS, INC. By. /s/ Eliott Taylor President CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I 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 of 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 February 10, 1966, for Paving Improvements, under GWO 10502 and GWO 2907, 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 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 2nd ,day of January, 19.69. PIONEER PAVERS, INC. Attest: /s/ Bobby Anne Crawford BY /s/ Elliott Taylor 0 Ass't. Secretary President Subscribed and sworn to before me this the 2nd day of January, 1969. Isl Kay Brown Notary Public in and for Lubbock County, Texas 69-28-54-117 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (30a) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. FEB 13 F 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 Paving Release, attached herewith which shall be spr 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.^ l N, w Passed by the -City Council this 13th.day of February, 1 ATTEST: LAVENA LOWE, City Secret ry-Treasurer APPROVED: /_s/_F_red_ 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I W. D. ROGERS, JR:, KNOW ALL MEN BY THESE PRESENTS: PAVING RELEASE WHEREAS, heretofore, on March 31, 1966, the City of Lubbock passed Ordinance No. 4970, sucl instrument being recorded in Volume 1081, Page 113 of the Deed Records of Lubbock County, Texas such Ordinance containing a notice of improvements and apportionment of costs of such improvemei by assessing a lien upon the property abutting thereon, and in such Ordinance there was include+ paving assessments for certain hereinafter described Paving Sub -Units or Leave -Outs; and, WHEREAS, under such Paving Sub -Units or Leave -Outs, such improvements have created no lien or liens against the property assessed pursuant to said Paving Sub -Units or Leave -Outs, by reas, of the fact that such paving improvements were omitted under said Paving Sub -Units or Leave -Out: and it is expedient to remove the cloud and apparent lien placed upon the title of property abu• Ling the streets as aforementioned: NOW THEREFORE: The City of Lubbock and Pioneer Pavers Incorporated, acting by and through their officers heretofore duly authorized in consideration of the premises, do hereby and by these presents, RELEASE, RELINQUISH, and FOREVER QUIT CLAIM to the owner or owners of property affected by the paving assessment liens hereinabovementioned, their heirs, administrators, executors and assign: all right, title, and interest the City of Lubbock and Pioneer Pavers Incorporated may have in i to all these lots, tracts,or parcels of land being situated in the City of Lubbock, Lubbock Cout Texas, and being further described as follows, to -wit: Unit 2144-13 Temple Avenue from 2 feet North of the N. P. L. of 66th Street to 120.47 feet Nort I of the N. P. L. of 66th Street (East Leg). . Unit 2145-7 Cornell Street from 15.00 feet West of the E. P. L. of North Avenue U to 5.00 feel West of the W. P. L. of North Avenue T. Part of Unit 2146-18 The South 1/2 of 4th Street from 176.66 feet East of the E. P. L. of Beech Avenue (South Leg) to 5.00 feet East of the E. P. L. of Yucca Avenue. The below describe only to be released: Beginning at a point 2610.00 feet West and 650.00 feet South of the Northeast Corr of Section 4, Block 0, Lubbock County, Texas; Thence North 535.14 feet; Thence Sot 600 00' East 230.95 feet to a point on a curve, the radius point of which bears North 300 00' East 520.00 feet; Thence Southeasterly around said curve 272.27 feet to a -point of tangency with a curve, the radius point of which bears North 360.00 feet; Thence around said curve in a Northeasterly direction 111.41 feet to a point l of tangency with a curve, the radius point of which bears South 170 43' 55 " East 15.00 feet; Thence around said curve in a Southeasterly direction 21.76 feet to a point of tangency with a curve, the radius point of which bears South 620 16' 05" West a distance of 243.56 feet; Thence around said curve in a Southeasterly direc- tion 104.68 feet; Thence South 257.59 feet; Thence West 610.00 feet to the point c beginning. Unit 2147-2 Avenue L from 17.00 feet North of the N. P. L. of 70th Street to 17.00 feet South of the N. P. L. of Loop 289. Unit 2147-3 70th Street from 8.00 feet East of the W. P. L. of Avenue P to 17.00 feet West of the W. P. L. of Avenue L. Unit 2149-3 9th Street from 10.00 feet East of the E. P. L. of Avenue D to the W. P. L of Aver C. Unit 2152-1 29th Drive from the W. P. L. of Dover Avenue (North Leg) to 384.20 feet North 450( East of the center line of 34th Street. Unit 2154-3 The South 1/2 of 50th Street from 18.00 feet West of the W. P. L. of Kenosha Avenc to 16.00 feet West of the W. P. L. of Memphis Avenue (South Leg). Part of Unit 2154-5 The South 1/2.of 50th Street from 16.00 feet West of the W. P. L. of Utica Avenue lo..._.n. r ..._\ LL- K1 rb r C r - - n . n_-1 __ - - _. 1 1 11 . . . . 13 1969 described tracts only to be released: Beginning at a point 1350.00 feet West and 55.00 feet South of the Northeast corner of Section 9, Block E-2, Lubbock County, Texas; Thence South 150.00 feet; Thence West 350.00 feet; Thence North 150.00 feet; Thence East 350.00 feet to the point of beginning. Beginning at a.point 1700.00 feet West and 55.00 feet South of the Northeast corner of Section 9, Block E-2, Lubbock County, Texas; Thence South 150.00 feet; Thence West.100.00 feet; Thence North 150.00 feet; Thence. East-100.00 feet to the point of beginning. Beginning at a point 1800.00 feet West and 55.00 feet South of the Northeast corner of Section 9, Block E-2, Lubbock County, Texas; Thence South 150.00 feet; Thence West 810.00 feet; Thence North 150.00 feet; Thence East 810.00 feet to the point of beginning. Part of Unit 2154-8 34th Street from Loop 289 to 1025.00 feet East of the Southwest corner of Section 5, Block $-2. The below described tracts only to be released: Beginning at a point 40.00 feet West and 60.00 feet North of the Southeast corner of Section 44, Block AK, Lubbock County, Texas; Thence' West 664.80 feet; Thence North 150.00 feet; Thence East 664.80 feet; Thence South 150.00 feet to the point of beginning. Beginning at a point 40.00 feet West and 60.00 feet South of the Northeast corner of Section 37, Block AK, Lubbock County, Texas; Thence West 664.80 feet; Thence South 150.00 feet; Thence East 664.80 feet; Thence North 150.00 feet to the point of beginning. This Release affects -only the property-hereinabove described and in no way affects any pro- perty or liens not. specifically described herein, and all liens and apparent liens against property owners not otherwise released are hereby expressly retained. EXECUTED this 13th day of February, 1969. ATTEST: LAVENIA LOWE, City Secretary -Treasurer CITY PIONEER PAVERS BY: /s/ Elliott Taylor 69-28-56-118 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (30b) 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 Paving Release 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 13th day of February, 19 , W. D. ROGERS, JR., Ma ATTEST: s LAVENIA LOWE, City Secretar Treasurer APPROVED: /s/ Fred 0. Senter, Jr., FRED 0. SENTER, JR., City Attorney THE STATE OF TE1{AS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK PAVING RELEASE WHEREAS, heretofore, on March 31, 1966, the City of Lubbock passed Ordinance No. 4970, such being recorded in Volume 1081, Page 113 of the Deed Records of Lubbock County, Texas, such ordi- nance containing a notice of improvements and apportionment of costs of such improvements by assessing a lien against the property abutting thereon, and I WHEREAS, the apportioned costs of one certain assessment and improvements have been placed in an escrow account by the owners of the abutting property pending completion of the actual FEB 1 I r 7 improvements, and it is expedient to remove the cloud and lien upon such property, NOW THEREFORE, -the City of Lubbock and Pioneer Pavers Incorporated, acting by and through their officers heretofore duly authorized, in consideration of the premises, do hereby and by these presents, RELEASE, RELINQUISH, and FOREVER QUIT CLAIM to the owner or owners of property affected by the paving assessment liens hereinabove mentioned, their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock and Pioneer Pavers Inc porated may have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: Unit 2146-5 The North 1/2 of 66th Street from 15.0 feet West of the W. P. L. of Indiana Avenu to 15.0 feet East of the E. P. L. of 66th Drive, being more particularly describe. as follows: Beginning at a point 55.0 feet West and 30.0 feet North of the Southeast corner o Section 8, Block E-2, Lubbock County, Texas; Thence West 497.99 feet; Thence North 150.0 feet; Thence East 497.99 feet; -Thence South 150.0 feet to the point of beginning. This Release affects only the property hereinabove described and in no way affects any pry perty or liens not specifically described herein, and all liens and apparent liens against props owners not otherwise released are hereby expressly retained. EXECUTED this 13th day of February, 1969. ATTEST: ds LAVENfA LOWE, City Secret ry-Treasurer APPROVED: [s% Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney CITY BY: W. D. - ROGERS , JR. ,I yor1f - - .0 JK ' 9 PIONEER PAVERS BY:..Ls/-E_lliott Taylor V 69-28-57-119 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (31) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authori: final payment in the amount of $610.16 to Mid -South Tank and Utilities, Inc. for painting overh( water storage tank at 50th Street and Joliet Avenue. The contract and final cost being in the amount of $6,101.62. Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: CERTIFICATE OF COMPLETION February 13, 1969 On February 10, 1969, I inspected the Painting of the Overhead Water Storage Tank at 50th Street and Joliet Avenue, WWO 7978, painted by Mid -South Tank and Utilities, Inc. under contract dated September 12, 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 con- tractor. Very truly yours, /s/ Wilford D. Watson Wilford D. Watson City Engineer CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE OF LOUISIANA I COUNTY OF QUACHITA I Before me, a Notary Public in and for Quachita Parish Louisiana (County, State), on this day personally appeared A. B. Little, who being by me duly sworn, upon oath says: I, A. B. Little of Mid -South Tank & Utilities, Inc., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being date September-12, 1968, for Painting -Overhead Water Storage Tank, under WWO 7978, and that the work and contract has been completed according to the plans and specifications pertaining to the pro- ject 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 warrant: due the contractor, have beensatisfied 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. s 13 1969 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 llth day of February, 1969. Attest: Isl Barbara Little MID -SOUTH TANK & UTILITIES, INC. BY: /s/ A. B. Little Subscribed and sworn to before me this the llth day of February, 1969. /s/ James Sedeman Notary Public in and for Quachita Parish, Louisiana 59-28-58-120 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (32) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize final payment in the amount of $14,393.20-to Worthington -Corporation for furnishing two water distribution system pumps and controls for No. 7 Pump Station and No. 3 Pump Station. The con- tract being-in'the amount of $96,348 and the final cost -being in the amount of $95,988. Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: CERTIFICATE OF COMPLETION February 13, 1969 On.February 10., 1969, I inspected the Two Motor Driven High Service Water Pumps and Control Equipment for #3 Pump Station and Two Motor Driven High Service Water Pumps and Control Equipment for #7 Pump Station, WWO 11412, furnished by Worthington Corporation under contract dated Septem- ber 8, 1966, 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/ Wilford D. Watson. Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF NEW JERSEY X COUNTY OF HUDSON I Before me, a Notary Public in and for Hudson County, New Jersey, on this day personally appeared W. E. Criqui, who being by me duly sworn, upon oath says: I, W. E. Criqui, Assistant Treasurer of Worthington Corporation, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated 8 September 1966, for Furnishing Two Motor Driven High Service Water Pumps and Control Equipment for #3 Pump Station and Furnishing Two Motor Driven High Service Water Pumps and Control Equipment for #7 Pump Station under WWO 11412, 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 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 13th day of February 1969. Attest: Is/ V.-O. Woodard .. V. 0. Woodard - Secretary Worthington Corporation /s/ W. E. Criqui W. E. Criqui - Assistant Treasurer Worthington Corporation Harrison, New Jersey 07029 Subscribed and sworn to before me this the 13th day of February, 1969. EI I J /s/ D. Dominski Notary Public in and for Hudson County, New Jersey. FEB 1 ) 1 L F F F 69-28-59-121 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (33) Councilman Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authori final payment in the amount of $7,556.50 to Amco Electric Company ofmLubbock for the automatic controls for Reese Air Force Base Water System. The contract being in the amount of $80,805 an the final.cost being in the amount of $81,031. Certificate of Completion Honorable Mayor and City Council. City of Lubbock, Texas Gentlemen: February 13, 1969 On February 10, 1969, I inspected the Automatic Controls for Water Supply and Distribution Syst, for Reese Air Force Base, WWO 7975, constructed by Amco Electric Company under contract dated June 22, 1,967 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/ Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I COUNTY OF LUBBOCK I Before me, a Notary Public in•and for Lubbock County, Texas, on this day personally appeal Robert M. Lively, who being by me duly sworn, upon oath says: I, Robert M. Lively (Secy.. Treas., Amco Electric Co.), do represent to the City of Lubbocl and solemnly swear that I executed a contract with the City of Lubbock, said contract being dat( June 22, 1967, for Automatic Controls for Water Supply & Distribution System, for Reese Air For( Base under WWO 7975, and that the work and contract has been completed according to the plans at 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 pr( ject have been paid in full; that all liens and rights to fix liens against any part of said pr( ject or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to thf claimant, his authorized agent or attorney, and full release of all recorded liens or claims hai 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 substantia: 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 4th day of February, 1969. /s/ Robert M. Lively Secy. Treas Subscribed and sworn to before me this the 4th day of February, 1969. /s/ Ernest J. Bradbury Notary Public in and for Lubbock County, Texas 69-28-59-122 Motion by Councilman Turner,.seconded by Councilman Granberry, motion carried, Mayor Rogers and (34) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authori2 final payment in the amount of $2,803.07 ($2,704.94 for water and $98.13 for sanitary sewer) to Panhandle Construction -Company for utility service in South University Avenue from 74th Street t 82nd Street. The contract being in the amount of $37,388.25 arid. the final cost being in the amount of $38,018.74. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: February 13, 1969 On February 10, 1969, I inspected the Sanitary Sewer and Water System Improvements in South University Avenue from Loop 289.to 82nd Street, GWO 2973 and WWO 7859, constructed by Panhandle Construction Company under contract dated November 14, 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 con- tractor. Very truly yours, /s/ Wilford D. Watson Wilford D. Watson City Engineer 13 1963 STATE OF TEXAS I. COUNTY OF LUBBOCK X Before me, a Notary Public -in and for Lubbock County,,Texas, on this day personally appeared David H. Hampton, who being duly sworn and on oath says: I, David H. Hampton, Vice President of Panhandle Construction Company, do hereby represent to the City of Lubbock, Texas, and solemnly swear that we, Panhandle Construction Company, executed a contract with the City of Lubbock, Texas, said contract being dated the 14th of Novem- ber, 1968, for GWO 2973 & WWO 7859 and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, materials, supplies, and other items in connection with said project has been paid in full. . I further represent and affirm that all federal, state, and municipal laws were substantially complied with by us in doing and carrying out the job and -project herein referred to and that we paid the applicable scale of wages and that this affidavit is made to secure payment from the City of Lubbock, Texas to us of the full and final monies due us under said contract. Witness my hand the 5th day of February, 1969. Isl David H. Hampton David H. Hampton, Vice -President Subscribed and sworn to by David H. Hampton before me, this the 5th day of February, 1969. /s/ Betty J. Becker Betty J. Becker, Notary Public in and for Lubbock County, Texas. 69-28-60-123 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (35) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize final payment in the amount of $4,003.54 to Secode Electronics of Dallas for a supervisory control system for Reese Air Force Base Water System. The contract and final cost being in the amount of $28,966. -Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas. Gentlemen: February 13, 1969 On February 10,.1969, 1-inspected the -Supervisory Controls for Water Supply and Distribution Systems -for Reese Air Force Base, WWO 7976, constructed by Secode Electronics under contract dated October-12, 1967 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, Isl Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF DALLAS X Before me, a Notary Public in and -for Dallas County, Texas, on this 'day personally appeared T. J. McMullin, who being by me duly sworn upon oath says: I, T. J. McMullin, Exec. Vice Pres. of Communications Ind. 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 October 12, 1967, for Supervisory Controls for Water Supply and Distribution System under WWO 7976, 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 pro- ject have been paid in full; that all liens and rights -to fix liens against any part of said pro- ject 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 substanti- ally 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 2nd day of December, 1968. Secode Electronics, a Division of Communications Industries, Inc. I J EI 1, Attest: Isl B. K. Alexander Is/ T. J. McMullin Subscribed and sworn to before me this the 2nd day of December, 1968. Isl Thelma Peek 60B FEB 13 1969 r CONTRACT SECRETARY'S NUMBER i 000 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and CITY OF LUBBOCK,. TEXAS U11Z.7 AGREENFNr; Covering land desired at Lubbock, Lubbock County, Texas, for right of way purposes for a public road at Quaker Avenue, DATED: December 17, 1968 .........rr,r.,�,,,.��..�,. a . FEB 13 69-28-61-124 The City Council considered the request of Reverend V. F.-Love for water service to Rhoades (36) Heights Addition, Lots 2-and 4, Block 7. After consideration of all information presented; motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to Table this request for further consideration. 69-28-61-125 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion.carried, Mayor -Rogers (37) -.and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, ttione voting Nay, to authorize acquisition of Parcel 39, being 3402 34th Street, from the Gust Kallas Estate, owner and the lessee Robert D. Fletcher for a consideration of $61,200. This being award of the Special Comm: sioners in condemnation. Councilman Turner was absent at the time of this motion. 69-28-61-126 (37a) r 69-28-61-127 (38) . 11 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that Ordinance No. 5601 be passed on -first reading. Councilman Turner was absent at the time of this motion. AN -APPROPRIATION ORDINANCE ORDINANCE NO. 5601 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 $61,200.00 For the following purpose: Acquisition of Parcel 39, Indiana Avenue Right'of Way from the owner Gust Kallas Estate, and the lessee, -Robert D. Fletcher. The award c the Special Commissioners in Condemnation on January 29, 1969 was $61,200.00. Legal description of land being acquired is attached. GWO 10519. Description for a parcel of R.O.W. for Indiana Avenue at 34th Street as follows: Beginning at the southeast corner of Lot 20, Johnny and Jack Addition to the City of Lubbock, Lubbock County, Texas; Thence north along the east line of Lot 20, a distance of 120.00 feet to the northeast corner of Lot 20; Thence west along the south line of an alley a distance of 67.00 feet to a point in the north line of Lot 19, Johnny and Jack Addition which is 4.50 feet west of the northeast corner of said Lot 19; Thence South a distance'of 105.00 feet,to a point of curvature; Thence around a curve to the right having a radius of 15.00 feet, tangent lengths of 15.0( feet, delta angle of 900 for a curve distance of 23.56 feet to a point of tangency in the south line of Lot 19, said point being 19.50 feet west of the southeast corner of Lot 19; Thence east along the south line of Lots•19 and 20 a distancecof 82.00 feet to the place beginning. (The above described tract contains 8216.72 square feet). Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the following resolution be passed. Councilman -Turner was absent at the time of this motion. 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 LICENSE AGREEMENT between The Atchison, Topeka and Santa Fe'Railway and City of Lubbock, Texas, covering right-of-way across said Railway Company' property for a public road at Quaker Avenue, 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 13th day of February, 1969. ATTES ` ' GCIZ//d P", it LAVENIA LOWE, City Secre ary-Treasurer APPROVED: Is/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney W. D. ROGERS-, (See LICENSE AGREEMENT on opposite page.) 13 1969 69-28-62-128 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (39) Councilmen Granberry, Hollingsworth, and Rigsby, voting Yea, none voting Nay, to authorize the acquisition of right-of-way on each side•o£ North University Avenue between Kent Street and Regis Street from Mr. 0. C. Horne and Mr.'O. A. -Webb for a consideration of $5,617.20. Councilman Turner was absent at the time of this motion. 69-28-62-129 Motion by Councilman Rigsby, seconded by Councilman Granberry, :notion carried, Mayor Rogers and (39a) Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the following resolution be passed. Councilman Turner was absent at the time'of this motion. 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 Contract and Agreement with 0. C. Horne and wife regarding North University right of way, 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 13th day of February, 1969 ATTEST: i IAVF141A LONE, Citf Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENT ER, JR., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I This agreement between the City of Lubbock, a Home Rule Municipal Corporation in Lubbock County, Texas, and 0. C. Horne and wife, Bessie Lee Horne, of Lubbock County, Texas; WITNESSETH 1. THAT in consideration of the benefits accruing to both the City of Lubbock and 0. C. Horne and wife, Bessie Lee Horne, arising out•of the dedication for public use of certain real property described, in,a •Dedication Deed from 0. C. Horne and wife, Bessie Lee Horne, to the public for public use forever, subject to certain conditions set out in such Dedication Deed; a copy of said Dedication Deed be incorporated by reference herein and made a part of this agreement for all purposes, the City of Lubbock and 0. C. Horne and wife, Bessie Lee Horne, do hereby agree, in connection with such Dedication, as follows: A. It is understood and agreed that the City of Lubbock has purchased the underground irrigation pipe which is within the dedicated property for $3,652.20. In the event 0. C.I! Horne desires to remove the pipe or any part thereof and keep it for his own use, he may do so within 30 days from date of payment for pipe and such removal shall be at his own expense. B. It is understood and agreed that the well house which extends partially onto the dedicated property may remain in place as it now exists. However, if, at a later date, the well stated above and the property it is on is taken for right of way,.the City of Lubbock will pay for the drilling, casing and pump installation on a new well on 0. C. Horne`s property if the well taken for right of way is still in -use at the time of such taking. C. The trees located on -the dedicated property shall be removed by the City of Lubbock and hauled to Lake Site 68 on the property of 0. C. Horne, but are not to be planted. D. This dedication is subject to any and all the County Clerk of Lubbock•County, Texas, ATTEST: r LAVENIA LOWS, City ecreta y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney utility easements on re( at the time of this d CITY RV s L ord in the off ice of Lbation. A I' C .. , FES 13 1� F F 69-28-63-130 (39b) Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that Ordinance No. 5602 be passed on first reading. Councilman Turner was absent at the time of this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5602 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE,' . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $5,617.20 For the following purpose: Acquisition of right of way on each side of North University Avenue between Kent Street and Regis Street from 0. C. Horne and 0. A. Webb The legal description of the subject right of way is attached. 76-551. A parcel of land out of the Southeast 1/4 of Section 2, Block D-4, Lubbock County, Texas, more fully described by metes and bounds as follows: 0. A. Webb Tract 1 Beginning at a point which is South 00 21' East 3128.60 feet and North 890 55' West 40.00 feet from the Northeast corner of said Section 2, Block D-4; Thence North 00 21' West, parallel to and 40.00 feet -West of the East Line of said Section 2, a distance of 425.00 feet more or less to a point in the North Line of the Southeast 1/ of said section; Thence West along said North Line of the Southeast 1/4 of said section, a distance of 10.0 feet to a point; Thence South 00 21' East, parallel to and 50.00 feet West of the East Line of said Section 2, a distance of 425:00 feet more or less to a point, said point being North 00 21' West 20.00 feet and South 890 55' East 10.00 feet from the Northeast corner of Lot 14, Crest Hi Addition to the City of Lubbock, Lubbock County, Texas; Thence South 890 55' East a distance of 10.00 feet to the point of beginning. A parcel of land out of the Southeast 1/4 of Section 2, Block D-4, Lubbock County, Texas, more fully described by metes and bounds as follows: 0. A. Webb Tract II Beginning at a point in the South Line of said Section 2, Block D-4, said point being 40.0 feet Westerly from the Southeast corner of said section; Thence North 00 21' West parallel to and 40.00 feet West of the East Line of said section, a distance of 750.00 feet, more or less, to a point, said point being 20.00 feet South 00 21' East and 20.00 feet South 890 55' East from the Southeast corner of Lot 71, Crest Hill Addition to the City of Lubbock, Lubbock County, Texas; Thence North 890 55' West a distance of 10.00 feet to a point; Thence South 00 21' East, parallel to and 50.00 feet West of the East Line of said section a distance of 750.00 feet, more or less, to a point in the South Line of said Section; Thence Easterly, along the South Line of said section, a distance of 10.00 feet to the point of beginning. A parcel of land out of the Southwest 1/4 of Section 1, Block D-4, Lubbock County, Texas, more fully described by metes and bounds as follows: 0. C. Horne Tract Beginning at a point in the South Line of said Section 1, Block D-4,- said point being 40.0 feet Easterly from the Southwest corner of said section; Thence North 00 21' West parallel to and 40.00 feet East of the West Line of said Section, a distance of 2246.26 feet more or less, to a point, said point being 653.00 feet West and 28.00 feet South 00 21' East from the Southeast corner of Block A, Wedgewood Addition to t City of Lubbock, Lubbock County, Texas; Thence East 10.00 feet to a point; Thence South 00 21' East, parallel to and 50.00 feet East of the West Line of said section a distance of 2246.26 feet, more or less, to a point in the South Line of said section; Thence Westerly along the South Line of said section, a distance of 10.00 feet to the poin of beginning. 69-28-63-131 Mr. James G. Marshall appeared before the City Council in connection with the extension of (43) Indiana Avenue across Texas Tech campus. Mr. Marshall requested that a planning report be made as to drainage in this area and that the drainage be north down Indiana Avenue. Mayor Rogers acknowledged Mr. Marshall's request. After consideration of all information presented, motion G made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the following resolution be passed. Councilman Turner was absent at the time of this motion. 13 1969 RESOLUTION . I WHEREAS,..the.City Council of the City of Lubbock has determined that the general welfare and safety of the citizens of the City of Lubbock would be best served by the street improvements shown below, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ' THAT the City Council of the City of Lubbock does hereby agree to accept the provisions contained in Minute Order No. 61855 passed by the State Highway Commission on January 21, 1969, for the improvement of the Texas Highway Department of the streets within the City of Lubbock described below: In the City of Lubbock, Lubbock County, an extension of Indiana Avenue across the campus of Texas Technological College from U. S. Highway 62 to F. M. Road 2255, a distance of approxi- mately 1.0 mile. Passed by the City Council -this 13th day of February, 1969. us � e W. D. ROGERS, JR., ATTEST: i l//!I LAVENIA LOWE, City Secret y-Treasurer APPROVED: /s/ Fred 0. Senter. Jr. _ Fred O. Senter, Jr., City Attorney (Agreement set in) 69-28-64-132 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby) motion carried, Mayor Rogers (44) and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the follow- ing resolution be passed. Councilman Turner was absent at the time of this motion. RES OLUT ION WHEREAS, the City Council of the City of Lubbock has.determined that the general welfare and safety of the citizens of the City of Lubbock would be best served by the street improvements shown below, NOW THEREFORE' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby agree to accept the provisions contained in Minute Order No. 61854 passed by the State Highway Commission on January 21, 1969 for the improvement of the Texas Highway Department of the streets within the City of Lubbock described below: In Lubbock County on Farm to Market Road 1264 in.the City of Lubb from Loop 289 orth a distance of approximately 0.8 mile. Passed by the City Council this 13th day of February, 1969. W. D. ROGERS, JR., or ATTES � � LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/^Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney (Agreement set in) 69-28-64-133 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (45) Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the following resolution be passed. Councilman Turner was absent at the time of this motion. RES OLUT ION 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 Release in favor of C. W. Honey, Floyd Honey, and Glenys Honey, 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. 17\ A Passed by the City Council this 13th day of February, 1969. tit W. D. ROGERS, JR., r ATTEST: i ova L I 69-28-64-132 (44).� _ C 1867-1-5 Lubbock County GTATE OF TEXAS I � COUNTY OF TRAVIS THIS AGREEMENT, made this 13th day of February 0 1969, by and between the City, of Lubbock, Texas, hereinafter called the "City". Party of the First Fart, acting by and through its City Council and the State of Texas, hereinafter called the "V3tate", Party of the Second Part, acting by and through its State Highway Commission. WHM AS, the City desires the construction of concrete curb and gutter within the limits from Farm to Market Road No. 1294 to Loop 289 on Faris to Market Road No. 1264p which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expanse. The estimated construction cost of this work is Seventeen Thousand and No/100 Dollars ($17,000.00), including cont3.agencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 618541 as it applies to the City, a copy of which is attached hereto and marked "ESchibit A" and made a part of this agxeemente FEg 13 19 f APPROVED: I FRED 0. SENTER, JR., City Attorney 1%�jrA�P THE STATE OF TEXAS' X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT, on the 9th day of January 1959,-Baxter Honey, C. W. Honey, Floyd Honey and Glenys Honey, as Lessors, did enter into a "Sanitary Fill Lease Agreement" with the City of Lubbock as Lessee. WHEREAS, by the said Agreement, the City was given exclusive possession and control for use as a sanitary fill the following described tract of land lying and being situated in the County of Lubbock, State of Texas, to -wit: BEGINNING at a point in the West line of Section ll,-Block E-2, said point being 1,125 fee North of the Southwest corner of said Section 11, Block E2; THENCE East 1,150 feet to a point; THENCE North 700 feet to a point; THENCE West 300 feet to a point; THENCE South 67' 0' West a distance of 400 feet to a -point;. THENCE South 300 47' West a distance of 159.8 feet to a point; THENCE South 360 feet to a point; THENCE West 400 feet to a point, said point being in the West line of Said Section 11, Block E2; THENCE South 40 feet to the PLACE OF BEGINNING; And WHEREAS, the -City has completed the. sanitary fill by bringing the -premises to a level with the surrounding area in the manner specified by the said Agreement; and WHEREAS, the City, as of even date herewith, has removed all its property and equipment from the premises; and WHEREAS, the undersigned as Owners -Lessors have inspected the premises and have found from their inspection that the City has fully and faithfully performed upon all terms and conditions of the said Agreement; and WHEREAS, all parties are now desirous of -formalizing the completion and termination of sail Agreement; NOW THEREFORE, ALL PREMISES CONSIDERED, In consideration of the faithful performance of the Lease Agreement by the City of Lubbock the undersigned as Owners -Lessors of the above described property and the City of Lubbock declare the said Lease Agreement completed and terminated as of even date herewith. The City of Lubbock relinquishes possession and control of .the said property to the Owners -Lessors and releases unto them any and all right, title or interest whatsoever in the above described premises, it has or may have had by virtue of said Agreement or by its possess.ion of the premises. The undersigned Owners -Lessors release.and forever discharge the City of Lubbock from any and all claims which they have or may have against the City arising from its performance of said Agreement, and the undersigned Owners -Lessors shall hold the City blameless by reason of any change in the condition of the premises after this date. This release is binding upon all parties hereto, their heirs, assigns and successors, and legal -representatives. WITNESS the execution of this instrument in Lubbock, ATTEST LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney Texas this 7th \ C CK BY: .z� l W. D. ROGERS, s/ C. W. Hone C. W. HONEY s/ Floyj Hone FLOYD HONEY /s/ Glenys Honev f January, 19A . .W GLENYS HONEY {ti i 3 1969 69-28-66-134 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (46) Councilmen Granberry, Hollingsworth, and Rigsby, voting.Yea, none voting Nay, that the following resolution be passed. Councilman Turner was absent at the -time of -'this motion. RESOLUTION WHEREAS, the City Council of the City of Lubbock has determined that the general welfare and safety of the citizens of the City of Lubbock would be best served by the street improvements shown below, NOW THERFORE 0 BE IT- RESOLVED - BY THE 'CITY COUNCIL OF THE CITY OF-LUBBOCK: THAT the City Council of the City of Lubbock does hereby agree to accept the provisions contained in Minute Order No. 61942 passed by the State Highway Commission on January 31, 1969 for the improvement of the Texas Highway Department of the streets within the City of Lubbock described below: In the City of Lubbock, Lubbock County, on Avenue Q from Clovis Road South to 22nd Street, a distance of approximately 1.4 miles. 0 Passed by the City Council this 13th day of February, 1969. W. D. ROGERS, JR., Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney (Agreement set in) 69-28-66-135 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (47) and Councilmen Granberry, Hollingsworth and Rigsby voting Yea, none voting Nay, that Ordinance No. 5603 be passed on first reading. Councilman Turner was absent at the time of this motion. ORDINANCE NO. 5603 AN ORDINANCE AMENDING ORDINANCE NO. 4725 OF THE CITY OF LUBBOCK, BEING THE BUILDING CODE OF THE CITY OF LUBBOCK, BY AMENDING SECTION 2504(b) THEREOF GOVERNING LUMBER GRADES; AMENDING TABLES 25-Q, 25-R, 25-5, 25-T-AND 25-U AS TO GROUP IV LUMBER; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 69-28-66-136 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (41) Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that Ordinance No. 5604 be passed on first reading. Councilman Turner was absent at the time of this motion. ORDINANCE NO. 5604 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF EAST 48TH STREET IN THE BRIDWELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN; AND DIRECT- ING THE -CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONING OF THE STREET AS AFORESAID. 69-28-66-137 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (42) Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that Ordinance No. 5605 be passed on first reading. Councilman Turner was absent at the time of this motion. ORDINANCE NO. 5605 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY IN BLOCK 2, GARLAND SUBDIVISION 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. 69-28-66-138 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (52) and Councilmen Granberry, Hollingsworth, and Rigsby, voting Yea, none voting Nay, to ratify the appointment of Paul Bush, Clyde Owens and Kenneth May as members of the Board of Trustees for Mental Health and Mental Retardation to replace Mayor W. D. Rogers, Dr. 0. Brandon Hull, and Mr. B. E. Rushing. 69-28-66-139 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (53) and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to authorize final approval of the 1967-68 Annual Audit, audited by Bolinger, Segars, Gilbert, and Moss and to retain Bolinger, Segars, Gilbert and Moss for the year 1968-69. Councilman Turner was absent at the time .of this motion. 69-28-66-140 Bids as follows were received for purchase of water valves, being Bid No. 638. (54) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to authorize acceptance of the bid of M. B. McKee Company for purchase of water valves. Councilman Turner was absent at the time of this motion. &6,4 FEB 13 l9E F p R p r b 13 1969 69-28-67-148 RESOLUTION (13) WHEREAS, the City Council has determined that the change in the public street and highway shown below would be in the best interest of the citizens of the City of Lubbock, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby requests the Texas Highway Department to extend the cut in the median in U.S. Highway 87 (Avenue A South Drive) at its intersection with 60th Street, now closed, a distance of forty (40) feet south. THAT such extension of the cut in such median be performed by the Texas Highway Department with the expense thereof to be paid by the Howard Johnson Hotel who requested that such extension be made. (r\ A Passed by the City Council this 13th day of February, 1969. W. D. ROGERS, JR., ATTEST: i '�Ohl/ LAVENIA LOWE, City ecreta y-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney FEB 13 1 69-28-67-141 (55) Bids as follows were received for miscellaneous traffic items, being Bid No.. 609. 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, and Rigsby voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Econolite for purchase of Items 4, 5, 6, 8, 12, 15, 16; and 19. Accept the bid of Signal Engineering Company for purchase of Items 1, 2, 7, 10, 11, 13, 14, 17, and 18. Accept the bid of Signal Sales and Maintenance Corporation for purchase of Item 3. Councilman Turner was absent at the time of this motion. •69-28-67-142 Bids as follows were received for purchase of miscellaneous water meter parts, being Bid No. 615 (56) 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 Neptune Meter Company for purchase of Item 7. • - Accept the bid of Park -Son Meter Parts Incorp. for purchase of Items 10, 15, and 19. Accept the bid of Municipal and Utility Engineering Company for purchase of Items 1-4, 6, 8, 9, 11-14, and 16-18. Councilman Turner was absent at the time of this motion. 69-28-67-143 Bids as follows were received for miscellaneous electric street lighting items, being Bid No. 62' (57) Bid Tabulation set in Bid Book. After consideration of all bids•received, motion was made by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to authorize acceptance of the bid of Westinghouse Elect: Supply Company for purchase of miscellaneous electric street lighting items. Councilman Turner was absent at the time of this motion. 69-28-67-144 Bids as follows were received for gang mowers for the Parks and Recreation Department, being Bid (58) No. 628. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to authorize acceptance of the bid of Colonial Motors for purchase of five gang mowers. Councilman Turner was absent at the time of this motion. 69-28-67-145 Mr. Rip Griffin appeared before the City Council requesting that he be issued a building permit (11} without paying the utility pro rata service charge for the northeast corner of property located in the vicinity of Avenue A and 48th Street. Mr. Griffin stated that he would plat the area that he was going to use as soon as possible. Mr. Griffin was instructed to get with Mr. Sam Wahl, Director of Public Works, and work out any problems. 69-28-67-146 Mr4 James F. Fisher appeared before the City Council in regard to not paving the alley in Lot 6, (12) Armstrong-Allredge Addition, being in the 1600 block of 44th Street. Mr. Fisher stated that he did not attend the paving hearing, but had called the Engineering Department opposing this pavinj After consideration of all information presented, motion was made by Councilman Granberry, seconc by Councilman Turner, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsl and Turner voting Yea, none voting Nay, to delete Unit A-396-31 from the 1969 Alley Paving Progri 69-28-67-147 Mr. Wayne Schultz appeared before the City Council requesting that a cut be made in the 50th (16) Street median east of Slide Road so that persons coming from the east could turn left into Gibsoi Mr. Schultz was advised by the City Council that a study was being made for setting a policy for this type of request, therefore, the City Council was not in a position to make a decision until the policy has been established. 69-28-67-148 Mr. Joe Barclay, representing Howard Johnson Motel, appeared before the City Council concerning (13) ingress and egress into the motel on Avenue A and Avenue H sides. Mr. Barclay requested a cut it the Avenue H median and removal of 30 feet of the existing Avenue A median. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to delay action on the Ave. H median until a policy has been established co cerning cuts in medians and to pass a Resolution requesting the Highway Department to extend the cut in the median in U.S. Highway 87 (Ave. A South Drive) at its intersection with 60th St., now closed, a distance of 40 feet south. Councilman Turner abstained from voting on this motion. 69-28-67-149 Mr. Duncan Ellison, Chairman of the Urban Renewal Agency, appeared before the City Council (61) requesting that the City employa consultant at a salary not to exceed $3,000 for conversion to the Neighborhood Development Program. Mr. Ellison stated that the Urban Renewal Agency could not pay for a consultant out of Title I funds. After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to grant the request of the Urban Renewal Agency to hire the consultant firm of Hudgins, Thompson and Bal• Councilman Turner was absent at the time of this motion. i 13 1869 69-28-68-150 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (62) Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, to authorize a budget supplement from Unappropriated Surplus Funds to Account No. 10-1005-431 for employment of the consulting firm of Hudgins, Thompson, and Ball for planning the conversion of the Urban Renewal Agency to the Neighborhood Development.Program. Councilman Turner was absent at the time .of this motion. 69-28-68-151 (63) Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers I€ and Councilmen Granberry, Hollingsworth, and Rigsby voting Yea, none voting Nay, that the City Ik#I Council's interpretation of the State law set out in Section 18-84(a)6 of, the City of Lubbock Code of Ordinances, "that no vehicle shall be parked within 20' of a crosswalk at an intersection", be measured from the intersection side of the crosswalk and that this interpretation become effective if Mr. Fred Senter, City Attorney, finds that it is a favorable interpretation and that there are no court cases to overrule it. Councilman Turner was absent at the time of this motion. 69-28-68-152 Mr. Dale Young appeared before the City Council representing the Great Plains Building requesting (59) that Avenue L be left a two-way street so that they will be able to lease to someone who can use the drive-in windows. He stated that they would also like to build a highrise parking building on the northeast side of the block. Mr. Young was advised by the City Council that his request would be considered at a work session along with the request from West Texas Hospital that Avenue L be left a two-way street. 69-28-68-153 Mr. Joe Phillips, President of the Downtown Merchants Association, appeared before the City (14) Council and presented the following two proposals: 1. That the City Council be urged to buy property near City Hall for parking of their employees and other City Hall visitors immediately.. 2. That the City be urged -to provide downtown C-4-P zones for property as long as it is used for parking and that taxes be reduced on this property to 10% of previous rate. Mr. Phillips stated that parking in the downtown areas was a problem because of parking spaces being occupied by employees and not enough parking spaces. Mr. Phillips proposed a new zone with a low tax rate so that merchants could provide off-street parking for employees and customers. After consideration of all information presented, Mr. Fred Senter, City Attorney, was instructed to make a study to be considered at a work session on February 27, 1969,.4s to what the City can do as to these -two proposals. Mr. Wayne Sherrell, Director of Traffic, was instructed to work with Mr. Phillips as to setting up time limits for the downtown area. There were approximately 35 persons present for this discussion. 69-28-68-154 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (40) and Councilmen Granberry, Hollingsworth and Rigsby voting Yea, none voting.Nay, that the follow- ing resolution be passed. Councilman Turner was absent at the time of this motion. 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 with B. V. Maples 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"fully i herein in det 1. Passed by the City Council this 13th day of February, 1969. - 'i ATTEST: LAVENIA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred O. Senter, Jr. FRED 0. SENTER, JR., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X W. D. RWERS, JR„ This indenture made this 13th dayof February, 1969, between the City of Lubbock, Texas, a Home Rule Municipality, hrerinafter called "City" and B. V. Maples, hereinafter called "Grantee." WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, his successors and assigns, the right, privileges and license to use a portion of the public way as hereinafter described: That portion of East 19th Street, adjacent to Lot 1, Gene's Addition, a re -plat of Lots 12, 13, 14, and 15, Block 33, Morrow Subdivision, City of Lubbock, Lubbock County, Texas, as shown on the plat attached hereto and made a part hereof. 1' I El I 1. The use granted hereby covers the construction presently in place on such property and normal repairs to such structure are permitted, but new or replacement structures are prohibited. 2. The term of this grant shall be for a period to twenty years, unless the building on 70A FEB 13 . 11, L L NATIONAL LAW ENFORCEMENT � PLANNING On June 19, 1968, the Omnibus Crime Control and Safe Streets Oct of 1968 became law. The Act provides for increased federal aid to state and local law enforcement agencies through a comprehensive program of planning grants, action grants, and research, demonstration and edL. 'venal c-d designed to strengthen and improve the nation's crime control effectiveness, It supersedes and will absorb programs supported under the Law Enforcement Assistance Act of 1965. The n-w Act makes possible for the first time a wide -scale program of aid for states and local units of government. To qualify for action grants, states must develop comprehens;ve law enforcement plans as defined in the Act. To facilitate such planning, the Act provides grants to state planning agencies whose primary function will be to develop, revise, and implement these state plans. A major portion of the first year's appropriation for the program is allocated to such efforts. Objective of Program The Act provides increased federal assistance to help states and localities deal with crime and lawlessness. It affirms the principle that crime is essentially a local problem and that the Federal Government should support, but not supplant, local responsibilities for law enforcement. The state planning agency's role will be to develop and implement plans for orderly, realistic and effective improvement in existing law enforcement and crime control systems. It is grounded on the premise that comprehensive planning, based on state and local evaluation of law enforcement problems, is an indispensable requisite for significant progress in crime prevention and control, increased public safety and effective utilization of federal and local funds. Scooe of Program Coverage Law enforcement as defined in the Act includes "all activities pertaining to crime prevention or reduction and enforcement of the criminal law", thus encompassing all asiuects of the law enforcement system --police, courts, and corrections, as well as general programs for crime prevention and citizen action. It covers the prevention, detection and investigation of cr;me, the apprehension of offenders, the prosecution and defense of criminal cases, the trial, conviction and sentencing of defendants, and the correction and rehabilitation of convicted persons, including imprisonment, probation, parole, and treatment. Where reference is made to courts, this includes prosecution and defender systems as well. Similarly, corrections includes institutional, probation, parole, and community treatment systems. FEB 13 19 3. Grantee shall pay to the City as a compensation for such grant the sum of TEN AND N0/10( ($10.00) DOLLARS per year for the duration of this license, with the first year payable on execu• tion of this instrument and a like sum payable on January 1st of each succeeding year for the duration of this license. 4. Payment of the annual fee provided above shall be made by'Grantee to City on January lsl 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 demai vacation by Grantee. 5. It is understood that the construction authorized herein has been completed, but as to any changes, the following shall apply: 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 Grantee shall nol commence construction until such plans and specifications are approved by the City Engineer. 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 interfered with or cause the re-routing or re -aligning of amy public -utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 8. This license is made subject to the condition that should the Grantee, his successors o: assigns, exercise any right under the license herein granted and prepare or begin or complete an: 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 Grantee, his successors and 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 whatsoever kind or nature which may grow out of or be related to the making of this license or t] 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 Grantee to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the Cit: 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 the 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 such agreement and a certified copy of a policy of public liability and property damage insurance within limits specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. 9. 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 Grantee 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. 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 agreement hereof by the Grantee, his succes- sors 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 upo termination or cance lction of this license. CITY OF `! ** BY . ..� L s W. D. ROGERS, JR., MaybT ATTEST LAVENIA LOWE, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS day of , 1969. APPROVED: LICENSEE: B. V. MAPLES /sl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney BY: APPROVED: 13 1969 69-28-70-155 Dr. Robert D.- Amason appeared before the City Council requesting better recreational facilities in (15) West Lubbock.. Dr. Amason stated that: 1. There is an imbalance of City owned facilities. 2. The program for boys, age 13-18, are inadequate. 3. The committee has appeared before other councils and this request has always been tabled for further study. 4. Recommend strong concentration as to providing the necessary baseball facilities in West Lubbock. After consideration of all information presented, the City Council took this request under advisement. They advised Dr. Amason to talk with officials of Lubbock Christian College to see what could be worked out with the College. 69-28-70-156 Mr. Alden Deyo appeared before the City Council and made the presentation (set in on opposite (17) page) as to the City of Lubbock's participation in the Omnibus Crime Bill. Chief J. T. Alley of the Lubbock Police Department appeared before the City Council and stated that he thought this bill would help the Police Department get some of the equipment and education it needs. Mr. Deyo stated that the plan would be submitted to the Governor's office and the appropriation received from the State. There would be no ties with the federal government. There was discussion as to whether a city must apply through a Council of Government to receive aid. Mr. Fred Senter, City Attorney, was instructed to contaet Governor Smith on this matter. After consideration of all information presented, 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 table this item until the City Manager can make a report on how this bill can benefit the Lubbock Police Department. There. were approximately 10 persons present in the Council Chamber for this discussion. .NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, FEBRUARY 13, 1969. ATTES -, LA IA LOWE, CitySecretary-Treasurer READ AND APPROVED THIS Zthrday of February, A EST: LA ENIA LOWE, City cretary-Treasurer �J Lj I [I]