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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/27/1969FES 2 71 February 27, 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 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, Assistant City Attorney Kenneth Jones, City Manager W. R. Blackwell Assistant City Manager Robert -Wilson, and City Secretary -Treasurer Lavenia.Lowe. Absent: City Attorney Fred 0. Senter,Jr. 69-28-75-166 Invocation was given by Director of Public Works Sam Wahl. (1) 69-28-75-167 Pledge of Allegiance to the Flag was given in -unison by those -present in the Council Chamber. (2) 69-28-75-168 Mr. James G. Marshall appeared before the City Council in opposition to the wording of the (3) Minutes pertaining to his appearance before the City Council on January 23, 1969. The wording of said Minutes being written as recorded on the tape at this meeting. Mayor Rogers stated to Mr Marshall that he would personally check into the wording of said Minutes. Motion was then made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Council- men Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held January 23, 1969; Regular Meeting held January 29, 1969; Special Called Meeting held'February 11, 1969; Regular Meeting held February 13 19 69 . 69-28-75-169 Mr. John Phillips, Attorney, appeared before the City Council in opposition to Avenue H being (5) made a one-way street. Mr. Phillips stated to the City Council that he was representing 56 businessmen in protest to this one-way street between 19th Street and 30th Street. The following petition was presented by Mr. Phillips: Dear Mayor Rogers and Fellow Councilmen: February 8, 1969 The undersigned constitute property owners or business owners on Avenue H. We have recently learned of the City's proposed plan -to make Avenue H a one-way street with traffic running in a northerly direction. We are opposed to this change for several reasons. One of the reasons for our opposition can be seen by an examination of access to Avenue H between 19th and 30th Streets. There is only one cross street in this entire strip of Avenue H. This denial of access to our businesses will, we believe, injure our trade severely. Thus, traffic coming from the downtown area or in a southerl: direction cannot reach businesses on Avenue H between 23rd Street and 30th Street except by going all the way up to 30th Street and coming back down Avenue H. We believe that this lack of access to our businesses will seriously affect our livelihood. We would welcome an opportunity to discuss this matter with the Council before any final steps are taken to implement the one-way street pattern for Avenue H, which is presently under considers tion. Respectfully submitted, G. H. Generator Shop - Seward S. Holloway Patterson Battery & Automotive - Raymond Hinkle Motor Machine Service - Jack Trimmier- Associated Supply Co. - Kenneth Pharr James G. Marshall Associated Supply - J. W. Wright Central Pipe & Supply Co. - A. L. Kornfeld Tom French Thompsbn Farm & Hdw. E. K. Hufstedler & Son - E. K. Hufstedler, Jr. Lubbock Plating Works - James M. Mieklin Weakley Watson --By Chris Christopher Alton Williams Earl Key - Mobil Oil Co. Beevers Radiator Shop - Alfred Canter Davis Brake & Alignment - Tommy Davis Avenue H-Glass Co. - D. A. Sanders Cow -lake Automotive Inc. - Wm. H. Cowan Jack West Lbr. Co. - Roy Brown, Mgr. Eureka Body Wks. - W. F. Konipe, owner - 28 years Joe Hayes W. A. Everett Ser. Sta. - By W. A. Everett B & F Appl. - By R. C. Jameston Lubbock White Truck Co. Inc. - by Anton Kubacak Lorenz Service Station -W. A. Lorenz Talamantz Mobil - Augustin C. Talamantz Johnson Barber Shop - By Roy L. Johnson Tom Jones - Tom Jones Equipment Co. Bob Bryant - Lubbock Radio Boyd Smith Auto Supply, Inc. - Landon Smith, Mgr. Walter M. Smith Serv. Sta. - Walter M. Smith _ Ace Furniture - Fred Shockley 76 EB 8 7 INS Van's House of Bargains - Van Copprage T. G. Simmons - AAA Used Furniture Daniel Pacin - Dan's Meat Co. Kenneth Cox - Farmers Supply Inc. Henry D. Agee - Agee Body Works Saw Auto Parts & Machine Co. Inc. - Jene L. Moore President S. H. Spinks - Spinks Gulf Service Snodgrass-Maner - By Otis Maner Fred Childress Hdwe. - Leslie A. Duncan H. R. Rice - Rice's Conoco Powell & Phipps Tire Mart Direct Mattress Company Smitty's Cafe - By 011ie W. Smith Mr. Phillips stated that it was felt by the businessmen that because of there being a one-way street to the north and one to the south in this vicinity and because of there only being. two cross streets between 19th Street and 30th Street from Avenue H west, that were open, another one-way street is not needed. Mr. W. L. Hester appeared before the City Council in opposition to Texas Avenue being made a one- way street•. Mr. Hester gave the City Council a report on a one and one-half hour traffic survey that he had made. Mr. Hester stated that he plans to make additional traffic surveys. Mr. James G. Marshall appeared before the City -Council in opposition to Avenue H being made a one- way street. He stated that in the event that -it is designated as -a one-way street, parking not be removed. Mr. Marshall also requested that his name be left on the petition presented by Mr. Phillips. It was further stated that Mr. Phillips did-not•represent Mr. Marshall. After considera- tion of all information presented, these requests were taken under advisement. 69-28-76-170 . Mrs.A. C. Verner, Chairman of the Auditorium -Coliseum Operation/11oard, appeared before the City (6) Council and presented recommendations that the consulting firm of Bolt, Beranek and Newman, Inc., be employed for the renovation of the Municipal Auditorium and that Whitacre and Hall be retained to supervise all work on the auditorium. After consideration of all information presented; motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner vging Yea, none voting Nay, to approve the recommendations of the Auditorium -Coliseum Operation/toard to employ the consult- ing firm of Bolt, Beranek and Newman, Inc., at a fee of $5,100 also, that Whitacre and Hall be employed to supervise all work on this project. The. Mayor is hereby authorized to execute an agreement with Bolt, Beranek and Newman, Inc. 69-28-76-171 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (7) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to approve repairs schedule for the Municipal Auditorium as proposed -by the Auditorium -Coliseum Operational Board. PROPOSED REPAIRS SCHEDULE FOR THE MUNICIPAL AUDITORIUM Thursday.- February 27, 1969 - City Council to consider employment of sound consultants. Friday - March 21, 1969 - Submit plans and specifications to Bolt, Beranek, and Newman for review and consultation. Friday - April 4, 1969 - Submit completed plans and specifications to Auditorium -Coliseum Board for approval. Thursday - April 10, 1969 - Submit complete plans and specifications to City Council for approval. Tuesday - April 15, 1969 - Advertise for bids.. Thursday - May 1, 1969 - Receive bids, analyze bids received with Auditorium -Coliseum Board. Thursday - May 8, 1969 - Submit bids to City Council for approval. Friday - May 23, 1969 - Start construction. Tuesday - August 12, 1969 - Sound system balancing, inspection, etc., by Bolt, Beranek, and Newman. Thursday - Autust 22, 1969 - Final inspection with Auditorium -Coliseum Board. 69-28-76-172 Mr. James G. Marshall appeared before the City Council requesting that his appearance before the (8) City Council as to Article 10 of the 1964 Charter Amendments be postponed until the City Council could allot him more time than 15 minutes for his hppearance. Mayor Rogers stated that the City Council would be glad to postpone his appearance until later. 69-28-76-173 Dr. Robert D. Amason appeared before the -City Council and presented the following proposal: {9) Lubbock City Council: Gentlemen: As you recall, we appeared before the City Council two weeks ago (February 13, 1969) and requested your consideration to locate a regulation baseball field and additional Little League facilities in West Lubbock. At that meeting, the Council encouraged us to return with a more concrete proposal and cost estimates concerning the proposed facilities. The plan and cost estimates follow: (q_ Z:R,- 74 ..1'7r ar) L W AGREEMENT This Agreement between the City of Lubbock and Bolt Beranek and Newman, Inc. constitutes the acceptance by the City of Lubbock of the proposal submitted by Bolt Beranek and Newman for consulting services in connection with the renova- tion of the Lubbock auditorium as originally submitted to the firm of Whitaker and Hall, the architects for such project. The areas covered by such consulting services are: 1. Preparation of an outline list of recommended components for the new sound reinforcement system including a functional diagram, drawings showing loud- speaker locations and orientations, and miscellaneous other information re- quired by your electrical engineers for their complete specification of the new system. 2. Specific, detailed recommendations for the control of mechanical system noise and vibration to reduce the ambient noise levels in the Auditorium to our design criterion of NC-15 to -20. 3. A thorough, comprehensive review of the contract documents to assure that all of our recommendations have been fully understood and properly incorporated. 4. A site visit by members of our staff upon the project's completion to check out and to equalize the sound reinforcement system and to instruct the sound system operator in its proper use, and, at the same time, to measure and to evaluate the acoustical characteristics of the renovated Auditorium. Our fees are based on the number of hours actually spent in connection with a project, in accordance with the following schedule of rates per eight -hour day: Supervisory Consultants, $280 and $320; Senior Consultants, $200 and $240; Con- sultants, $128 and $160; Staff Assistants, $100. Expenses such as travel, toll telephone and telegraph, acoustical instrumentation and computer use charges, printing and report reproduction costs, expendable materials, etc., are billed in addition. Invoices are rendered and payable monthly. It is estimated in such proposal that the fees for such consulting services including direct expenses through the reopening and reoccupancy of the Auditorium should not exceed $5, 100.00. It is proposed that of this amount, it is anticipated that $900.00 would be budgeted for the preparation of the outline list of recommended components and related drawings for the new sound system; $1, 000.00 for the consultant work on the control of mechanical system noise and vibration; $600.00 L FEB 2 I. Exhibit "A" provides a proposed lease agreement with Lubbock Christian College. As yo- will note, the college desires to lease to an incorporated, non-profit organization because of their desire to avoid any contractual agreement with any political sub-divi sion.'.Incorporation papers for the Babe Ruth Baseball League of Lubbock have been submitted to the Attorney General's office by Mr. Bill Davis, a local attorney. II. Exhibit "B" is a detailed cost estimate of the desired facilities (Regulation ball par and Little League Parks). III. Exhibit "C" is a 3-part proposal by the concerned groups involved in this project. EXHIBIT "A" Lubbock Christian College does accept the proposal to lease land, as described in the attached sheets, to the Babe Ruth Baseball League of Lubbock, Texas, for a period of ten years with opti, for renewal for two five-year terms, provided the land is not needed for construction of perman, buildings on this sit6. This is pending working out final terms of the agreement and final approval of such agreement by the Executive Committee of the Board of Trustees of the College. Is/ Lennis Baker Chairman, Board of Trustees TRACT NO. 1 A tract of land beginning at a point located at the junction of the East right of way boun, of Frankford Street, and the North right of way boundary of 26th Street, Lubbock Christian Coll, Addition (LCC Addition) to the City of Lubbock as shown in Plat recorded in the Deed Records of Lubbock County, Texas, and running a distance of Five Hundred and Forty Feet (540t) in a Northe- direction, but along the East Boundary of the right of way of Frankford Street to a point, henc, in an Easterly direction paralleling the North boundary of 26th Street for a distance of Five Hundred and Forty Feet (540') to a point, hence in a Southerly direction paralleling the East boundary of the right of way of Frankford Street for a distance of Five Hundred and Forty Feet (540') to a point, and hence in a Westerly direction along the Northern boundary of the right way of 26th Street to the point of beginning, and containing Six and sixty-nine hundredths (6.6' acres of land more or less, and - TRACT NO. 2 A tract of land beginning at a point located at the junction of the East Boundary of the right of way of Frankford Street, and the North Boundary of the right of way of Frankford Stree and the North Boundary of the right of way of 26th Street, as shown in Plat of Lubbock Christiai College Addition to the City of Lubbock, recorded in Deed Records of Lubbock County, and runninj from thence in a Southerly direction along the Eastern boundary -of the right of way of Frankfore 'Street a distance of Three Hundred and Fifteen Feet. (315') to a point, hence in an Easterly dir, Lion and parallel to the Southern boundary of the right of way of 26th Street for a distance of Six hundred and Five Feet (605') to a point, and hence in a Northerly direction and parallel to the Eastern Boundary of the right of way of Frankford Street a distance of Three Hundred and Fifteen Feet (315 % and hence in a Westerly direction and along the Southern boundary of the Right of way of 26th Street to the point of beginning, and containing Four and thirty-seven hundredths acres (4.37) more or less. (This Tract is -not in Lubbock Christian College Addition) The descriptions of these two tracts of land are approximate only, and are given subject t, confirmation and exact location in accordance with any official survey of the said two tracts, which survey should include official locations of beginning points in relation to exact location of Eastern Boundary of Right of way of Frankford Street, and Northern and Southern Boundaries of right of way for 26th Street, and official directions in which said right of way boundaries run. The descriptions are furnished in accordance with measurements furnished by Dr. Lowell Johnson on February 26, 1969, for use in letter by Mr. Lennis Baker to City of Lubbock offering to lease said land, and descriptions should be noted as approximate and subject to conformation EXHIBIT "B11 Cost Estimate Fence: Cyclone -type, Nine (9) gauge, galvanized mesh arranged similar to $ 5,300.00 that of Lowry Field Playing Area: Bermuda grass infield and outfield. This includes minor leveling, 1,500.00 rota -tilling, watering, fertilizing and two cuttings. Guaranteed for one year. Sprinkler System: Underground sprinkler system capable of providing one inch (1") of 4,000.00 water over the entire field during an eight (8) hour period (421 G.P.M. @ 70 P.S.I. at valve) Lighting: Includes poles, crossarms, down guys, conductor and fixtures (labor 10,500.00 included) to -provide 20 foot-candles of light in the outfield and 30 foot-candles on the infield. 7 1963 Bleachers: Steel frame work with wooden benches for approximately 1,000 people (semi -permanent). Concession Stand & Press Box: A 30' x 15' frame building, constructed to meet all city, -state and national codes. Infield Apron Rock dust and chat (no lime) Total Cost 3,200.00 4,500.00 150.00 $29,150.00 Note: This does not include extension of water lines and installation of water meter. Location of existing facilities unknown to this committee. Little League Park Cost Estimates (2 required) Fence: Cyclone -type galvanized mesh Playing Area: Grass Infield.and Outfield Sprinkler System: Underground Lighting:- Complete installation Bleachers: 6-Row - Bench type - movable Concession & Press Box: Infield Apron: 2,200.00 1,100.00 950.00 4,000.00 1,200.00 3,500.00 125.00 Total Cost (each) $13,075.00 EXHIBIT "Cn It is our request that the City Council grant the following: I. Authorize an expenditure of $25,000.00 for construction of a regulation size baseball facility on the leased property at Lubbock Christian College. Said facility to be constructed this spring (1969) under the joint cooperative supervision of the Lubbock Park and Recreation Department and the building committee .of the Babe Ruth League of Lubbock. All funds to be con- trolled by the Park and Recreation Department. The Babe Ruth League of Lubbock will act as General Contractor and will supervise construction -of said facility. Construction costs to be paid by the City of Lubbock through the Park and Recreation Department. Respectfully submitted, /s/ R. D. Amason R. D. Amason, Chairman Citizens Committee for Better Recreational Facilities in West Lubbock /s/ J. L. Chapman . J. L. Chapman, President Babe Ruth League, Inc. of Lubbock II. Authorize an appropriation of $7,500.00 to the Park and Recreation Department for the purpose of building a Little League Baseball Park on the leased property of Lubbock Christian College in the summer of 1969. That the money be allocated to the Midwest Little League, Inc., of Lubbock for construction of said facility in cooperation with the Park and Recreation Depart- ment. All funds to be controlled by the Park and Recreation Department. Respectfully submitted, /s/ R. D. Amason R. D. Amason, President Midwest Little League, Inc. III. Request that the City Council include in the 1970 City Budget an authorized expenditure of $7,500.00 for the construction of a Little League Ball Park facility under the supervision of the Park and Recreation Department in cooperation with Western Little League. This facility is needed for the Spring of 1970. Respectfully submitted, /s/ Ronnie Christian, President Ronnie Christian, President Western Little League, Inc. As you will note, the requested appropriations are less than the cost estimates. This is due to the dedicated parents and interested citizens of West Lubbock that have donated their time, skills, labor and materials for the construction of similar projects in the past. Based on their continued efforts, we feel these requests are realistic. Of course, any unused funds would be released for re -allocation for other purposes. I Thank you, /s/ R. D. Amason R. D. Amason FE8 a I �i F 69-28-79-174 (10) 69-28-79-175 (11) 69-28-79-176 (I2) After consideration of all information presented, motion was made by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsw, Rigsby, and Turner voting Yea, none voting Nay, to approve the proposal as set out in Exhibit C I, II, and III, subject to it Being found that the lease and other factors such as approval by the legal department as to the contract of the facilities -on leased land and the City being abl- to meet the time table. The proposal to be again considered by the City Council when the above requirements have been determined. 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. 5601 be passed on second and final reading. 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 Funds The sum $61,200.00 For the following purpose: Acquisition of Parcel 39, Indiana Avenue Right of Way from the owne• Gust Kallas Estate, and the lessee, Robert D. Fletcher. The award the Special Commissioners in Condemnation on -January 29, 1969 was $61,200.00. Legal description of land being acquired is attached. GWO 10519. 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. 5602 be passed on second and.final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5602 WHEREAS,..the City Council of the City of Lubbock finds it is necessary to appropriate certi 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•heteby 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. Web] The legal description of the subject right of way is attached. 76-551. 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. 5603 be passed on second and final reading. ORDINANCE NO.. 5603 AN ORDINANCE AMENDING ORDINANCE NO. 4725 OF THE CITY OF LUBBOCK, BEING THE BUILDING CODE O] THE CITY OF LUBBOCK, BY AMENDING SECTION 2504(b) THEREOF GOVERNING LUMBER GRADES; AMENDING TABU .25-Q, 25-R, 25-S, 25-T AND 25-U AS TO GROUP IV LUMBER; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-79-177 Mr. Oscar Crain -and Mr. Jim Stevens of the Texas Highway Commission. appeared before the City (15) Council and presented report on the Urban Transportation Plan. Mayor Rogers expressed apprecia• tion to the State.Highway Department and others who have contributed. to making it possible to complete the transportation plan. The plan as presented was taken under advisement. 69-28-79-178 Motion by Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rog( (16) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5612 be passed on first reading. ORDINANCE NO. 5612 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION 2.88-A DEFINING PLUMBING,. HEATING, REFRIGERATION OR AIR CONDITIONING BUSINESSES; ADDING A NEW SECTION 2.88-B DEFINING PLUMBING SERVICE; ADDING A NEW SECTION 2.91A DEFINING REFR' GERATION SERVICE; ADDING A NEW SECTION 10.1-28 GOVERNING PLUMBING SERVICE; REPEALING SECTION 12.1-32 GOVERNING HEATING CONTRACTORS; CHANGING SECTION 12.1-40 GOVERNING PLUMBING, HEATING REFRIGERATION OR AIR CONDITIONING BUSINESSES; ADDING A NEW SECTION_12.1'-61 GOVERNING ORNAMENTAL IRON WORKS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-79-179 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (17) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5613 be passed on first reading. 271969 69-28-80-180 (18) ORDINANCE NO. 5613 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 20 MPH SPEED ZONE ON UTICA AVENUE BEGINNING 110' SOUTH OF THE SOUTH SIDE OF 34TH STREET AND EXTENDING SOUTH FOR 750'; A 20 MPH SPEED ZONE ON UTICA AVENUE BEGINNING 95' SOUTH OF THE SOUTH SIDE OF 45TH STREET AND EXTENDING -SOUTH FOR 1,018 FEET; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; 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; PRESCRIBING A PENALTY 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. 5614 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5614 WHEREAS, the City Council of the City of Lubbock T inds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinancedeals 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 The sum $995.44 For the following purpose: Installation of school flashing signals on Utica Avenue 69-28-80-181 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (19) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5615 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5615 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY -OF LUBBOCK: There is hereby appropriated out of the following'described bond fund, to -wit: Traffic Signal The sum $4,064.00 For the following purpose: City's share of the installation cost of railroad crossing flashing signals on North Gary Avenue at the P. and S.F. Railroad crossing. 69-28-80-182 Motion by Councilman Turner, seconded by Councilman Granberry, motion carried, Mayor Rogers and (20) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the east west alley between Memphis Avenue and Knoxville Avenue north of -50th Street in the vicinity of the Hi-D-Ho Drive-in located at 3702 50th Street to be made -one-way east. This change to be made through administrative order. 69-28-80-183 Motion by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and (21) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5616 be passed on first reading. ORDINANCE NO. 5616 AN ORDINANCE ABANDONING AND CLOSING THOSE PORTIONS OF BIRCH AVENUE, DATE AVENUE, ELM AVENUE, FIR AVENUE, GLOBE AVENUE, EAST 28TH STREET, AND THOSE PORTIONS OF THE ALLEYS IN BLOCK 8, WHEELOCK'S SECOND ADDITION, IN BLOCK 59, 68, AND 69, SIEBER SUBDIVISION OF WHEELOCK'S SECOND ADDITION, AND IN BLOCK 58, ORA-VISTA ADDITION AS SHOWN CLOSED BY A PLAT ENTITLED "LOTS 1-8, BLOCK 4; LOTS 1-3, BLOCK 11: LOTS 5 AND 12, BLOCK 17, (A REPLAT OF LOTS 4 AND 11, BLOCK 17, CORONADO ADDITION); LOTS 6, 7, AND 13-25, BLOCK 17; LOTS 1-4, BLOCK 18; AND LOT 1, BLOCK 35, CORONADO ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; "SAVE AND EXCEPT, HOWEVER, SUCH EASEMENTS AS ARE INDICATED ON SAID PLAT; AS MORE PARTICULARLY DESCRIBED IN THE BODY -OF SAID ORDINANCE; AND DIRECT- ING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF'LUBBOCK TO INDICATE SAID CLOSING AND ABANDONMENT AFORESAID. 69-28-80-184 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (22) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No.-5617 be passed on first reading. ORDINANCE NO. 5617 AN ORDINANCE ABANDONING AND CLOSING FOUR (4) TRACTS ON 23RD STREET IN THE WHEELOCK'S SECOND ADDITION TO THE. CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF SUCH TRACTS BEING A 12.5 FOOT BY 140 FOOT STRIP, MORE OR LESS, TRACT 1 LYING ADJACENT TO AND IMMEDIATELY NORTH OF LOT 1, BLOCK 21, TRACT 2 LYING ADJACENT TO AND IMMEDIATELY NORTH OF LOT 16, BLOCK 21, TRACT 3 LYING ADJACENT TO AND IMMEDIATELY SOUTH OF LOT 4, BLOCK 29; AND TRACT 4 LYING ADJACENT TO AND IMMEDIATELY SOUTH OF LOT 4, BLOCK 34; AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF SAID ORDINANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE SAID CLOSING AND ABANDONMENT AFORESAID. I FE6 2 F F. 69-28-81-185 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (23) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that t following resolution be passed. EMSOLUTION - G.W.O. A RESOLUTION PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF NORTH UNIVERSITY AVENUE FROM NOW LOOP 289 NORTH TO THE CITY LIMITS WITH THE OUTERMOST CONCRETE CURB AND GUTTER IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of North University Avenue in the City of Lubbock, be improved as herein provided, to -wit: North University Avenue from its intersection with the North Line of North Loop 289 North to it; intersection with the North City Limits Line, known and designated as -Sub -Unit Number 1 of Unit 2201. II. Said portions of North University Avenue shall be improved by raising, grading, filling an( widening same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with a hot -mix asphalt concrete surface. The improvements to be provided for herein shall consist only of the outermo: curb and gutter on said portions of North University Avenue. The City Engineer is hereby directed to prepare plans and specifications for said outermost curb and gutter portion of such improvements. IV. Such curb and gutter in each unit shall be paid for in the following manner: (a). The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing the curb and -gutter abutting such respective property provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way of enhancement value -thereof by means of such improvements will not agg] gate such proportion of the cost as specified above, then there shall be assessed and be paid b. such abutting property and the owners thereof,.a lesser amount not to exceed the benefits. (b). The remaining cost of said curb and gutter improvements, after deducting the sums finally assessed, and against abutting -property and the owners thereof under sub -paragraph (a) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments; the first of which shall become due on or before 20 days after completion and acceptance of the curb and gutter improvements in the unit on whict the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate 'of six percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option -of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. Vi. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurs all under and in accordance with the Charter, -and amendments thereto, now in force in this City; and in accordance with the provisions of Article 1105.B Revised Civil Statutes of Texas as amen( by Chapter 281 Acts of the 52nd Legislature: VII. This resolution shall take effect and be in force from and after R!L passage. PASSED AND APPROVED THIS 27TH DAY OF FEBRUARY, 1969. t'j ATTEST I LA IA LOWE, City Secrekary APPROVED: /s/ Wilford D. Watson WILFORD D. WATSON, City Engineer W. D. ROGERS, JR., i APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER, JR., City Attorney 7 190 69--2-8-82-186 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 .the following resolution be passed. RESOLUTION WHEREAS, the owners of property abutting Ash Avenue from the North Paving Line of the Slaton Highway to the North Property Line of Lot 13-A, Soash-White Industrial Addition, said owners being-T.G. & Y. Stores Co., a corporation having its principal place of business in Oklahoma City, Oklahoma, and the Santa Fe Land Improvement Company, a corporation having its principal place of business in Amarillo, Texas, have requested permission to have pavement improvements constructed on the aforementioned avenue and the City Council of the City of Lubbock has determined that the paving of said Ash Avenue is needed to provide access to the area adjacent to said avenue and has further determined that the City shall contribute the customary City portion of the cost of such street pavement improvements, as determined by the City of Lubbock paving policy set forth in Resolution dated July 13, 1961, and to be constructed in accordance with the approved 1969 (GWO 2969) City of Lubbock street plans and specifications as approved by the City Engineer, and WHEREAS, it is understood that the owners of the property abutting on the street herein described will contract separately with a competent contractor approved by the City of Lubbock for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and WHEREAS, it has been determined by the City Council that the total cost of the pavement improvements will not exceed $11,110.83 and that the City's share in connection therewith will not exceed the. -sum of .$974.76 leaving the property owners portion of such cost not to exceed $10,129.07, and that such cost being well within the current prices for paving obtained by com- petitive bidding so that such payment which would be made by the City is reasonable, fair and just to the owners, the City and all other persons affected thereby. The sum of $374.93 shall be paid by the City in cash to the contractor, $974.76 less $599.83 as engineering expenses incurred with such project, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT the T.G. & Y. Stores Co. and the Santa Fe Land Improvement Company be and are hereby granted permission to have pavement improvements constructed on that portion of Ash Avenue from its intersection with the North Paving Line of Slaton Highway to its intersection with the North Property Line on Lot 13-A Soash-White Industrial Addition to the City of Lubbock which shall be known and is hereby designated as -Unit Number-2200 to be constructed in accordance with the -plans and specifications set forth in that instrument described as GWO 2969 which encompasses the 1969 patting policy of the City of Lubbock as heretofore approved by the City Engineer of the City of Lubbock. The City Engineer is -hereby authorized and directed to duly inspect the pavement construc- tion on said Ash Avenue and to require strict compliance with the approved plans and specifica- tions, and upon completion of said paving and upon final approval by the City Engineer of the acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City�s share of the cost of the abovementioned improvements, a sum not to exceed $374.93 leaving the amount due the contractor from the property owners, a sum not to exceed $10,129.07. Section 2. THAT this authority is conditioned that T. G. & Y. Stores Co. and Santa Fe Land Improvement Co., the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor, prior to any construction, furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurancell policies and the contractor or sub -contractors will furnish any other insurance policies that are required by the approved 1969 (GWO 2969) specifications, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $374.93 to the contractor. Also the contractor will furnish the City with a guarantee letter in the amount of $11,103.83 from a local bank, or a performance bond in the full amount of $11,103.83 executed by a surety company authorized to do business in Texas and conditioned that said contractor faithful, ly perform the work in accordance with the plans and specifications set forth in the instrument described as GWO 2969 dated November, 1968. On the motion of Councilman Turner seconded by Councilman GrilikerryN t foregoing re lotion was unanimously passed by the City Council this 27th day of 11bAFQ%,%J9N- I if W. D. ROGERS, J1C. , ATTES . Jj LAVENIA LOWE, City Secretary -Treasurer The owners of abutting property on the abovementioned street and Hunter Construction Company, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the con- sideration therein stated and further acknowledge receipt of a copy of GWO 2969, dated November, 1968 entitled "City of Lubbock, Texas, Specifications and Contract Documents for 60 Blocks of Street Paving" which is made a part hereof by reference as though fully copied herein and made a part hereof for all pertinent purposes. L I L. HUNTER CONSTRUCTION CO., CONTRACTOR FEB 2 ; ri F /s/ E. M. Peck Mr. E. M. Peck Amount of $5,06- T. G. & Y. Stores Co. Oklahoma City, Okla. /s/ W. C. Merritt Mr. W. C. Merritt ^�Amount of $5,064 Santa Fe Land Improvement Co. Amarillo, Texas APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0._ Se_nter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-83-187 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (26) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock, Texas has authorized a program of constr Lion of sewerage works at an estimated cost of $1071459.00 and the United States Government, acting through the Federal Water Pollution Control Administration, has -offered a federal grant in the amount of $32,230.00 as designated on Part A, Offer and Acceptance, now under considera- tion by this body. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Lubbock, that said offer as -submitted, together with the terms and conditions thereof, is hereby accepted and approved; and that W. D. Rogers, Jr., Mayor of the City of Lubbock, is hereby authorized and directed to sign said Offer and Acceptance and any other necessary documents required to comple the project on behalf of said City: BE IT FURTHER RESOLVED that the City of Lubbock has.procured a fee simple or such other estate or interest in the site of the project, including the necessary easements and rights -of - way, to assure undisturbed use and possession for the purposes of construction, operation and maintenance of the works for the estimated life of the project; and that in the event such titl. estate, or interest in such site, easements or rights -of -way may in 'the future be contested, thF City of Lubbock, will defend and maintain its title in such site and hold the United States Government blameless in such action; and that before any federal payment is requested pursuant said grant, said City has provided certification as to the sufficiency of ,sngch estate or intere PASSED, APPROVED AND ADOPTED at a meeting of the City Counwi Bite its 27th day of February, 1969.- (SEAL) ;W. D. ROGERS, JR., City of Lubbock, I ATTEST • l//d' LA IA LOWE, City Se retary 69-28-83-188 Mr. W. R. Blackwell January 29, 1969 (27) City Manager P. 0. Box 2000 Lubbock, Texas 79408 Dear Bill: of Lubbock th, This is in regard to our recent telephone conversation concerning the possibility of the City o Lubbock -purchasing a major portion of the 1969 allocation of water to the City of Pampa from thi Canadian River Municipal Water Authority. The City of Pampa has been allocated approximately 1,400 million gallons of water from the Canadian River Municipal Water Authority for this year. We have a firm need for sixty million gallons of this allotment and the City of Pampa desires to reserve an additional fifty million gallons. It is proposed that the City of Lubbock purchase the remaining allocation of 1,290 million gall at the operation and maintenance cost, of 3.26 cents per thousand gallons in a lump sum payment March 1, 1969. It would be further requested that if a contingency of -fifty million gallons should not be retained by the City of Pampa on or before September 1, 1969, then the same would be made available to the City of Lubbock at the above rate. Should there be any additional cha by the Canadian River Municipal Water Authority for the use of this water, it is proposed that the City of Lubbock would bear this expense. It is understood that this water would be used by the City of Lubbock and that no resale to other users at a price higher than the 3.26 cents per thousand gallons would occur in its raw form. Should your Mayor and Council approve this proposal, it would be my intention to propose this contract of sale to the Mayor and City Commission of Pampa. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, ./s/ Charles V. Hill Charles V. Hill City Manager I 2 7 1969 Motion 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 the purchase.of approximately 1,290 million gallons of Canadian River water from the City of Pampa at a cost of 3.26 cents per thousand gallons to be paid in a lump sum by March 1, 1969, as set out in the above letter. 59-28-84-189 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (28) Councilmen GranbeLrry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize final payment in the amount of $26,842.70 to Hemphill Contracting Company for construction of water lines in Ash Avenue from 50th Street to 52nd Street and 62nd Street to Slaton Highway - W.W.O. 11436. The estimated cost was in the amount of $27,385.17 and the final cost being in the amount of $26,842.70. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On February 26, 1969, I inspected the 24" water lines in Ash Avenue from 50th Street fo 52nd Street and 62nd Street to Slaton Highway constructed by WWO 11436 under contract dated January 9, 1969, and found said improvements to have been completed in accordance with the plans and specifi- cations. 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 X COUNTY OF LUBBOCK X Before me-, a Notary Public in and for Lubbock County, Texas, on this day personally appeared C. W. Hemphill, who.being by me duly sworn, upon oath says: -I, C. W. Hemphill, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated January 9, 1969, for construction of Water Distribution Lines in Ash Avenue, under W.W.O. 11436,-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 24th day of February 1969. Hemphill Cont. Co. .._. -- /s/ C. W. Hemphill_ Subscribed and sworn to before me this the 24th day of February, 1969. s/ Daphne Mitchell Notary Public in and for Lubbock County, Texas 69-28-84-190 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (30) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5618 be passed on first reading. ORDINANCE NO. 5618 AN ORDINANCE AMENDING ARTICLE II, ENTITLED "FUMIGATORS AND EXTERMINATORS", OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 22-16 THEREOF TO ALLOW DISPLAY OF LICENSE NUMBER; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-84-191 Mr. Waverly Johnson, Director of Aviation, and Mr. Paul Barbazon, (36) Parking Company of America, appeared before the City Council and LEASE AGREEMENT representative from the Airport) presented the following proposal; This Lease Agreement entered into this day of , 1968, by and between the CITY OF-LUBBOCK acting by and through the LUBBOCK MUNICIPAL AIRPORT BOARD, hereinafter called "Lessor", and AIRPORT PARKING INC.-WESTERN STATES, a wholly owned subsidiary of ITT Consumer Services Corporation, hereinafter called "Lessee", subject to the following terms and conditions: �J FFg 2 F F 1. Lessee agrees to operate and Lessor agrees to permit Lessee to have exclusive right to operate in and about the terminal area at the West Texas Air Terminal at Lubbock, Texas, or in any new terminal area to which commercial scheduled airline operations may be changed during th term of this lease -or any extension or -renewal thereof. Lessor hereby gives and grants to Less the exclusive right of possession and control of the leased premises as described on Exhibit "A hereto attached. •2. Lessee agrees to pay Lessor the following minimum annual guaranteed rental plus the percentage rentals computed for each year of the original -term of the -lease agreement and any t of extension or renewal thereof. The minimum annual guaranteed rental shall be $43,000.00. Th percentages of gross annual receipts shall be: a) 40% of the gross annual receipts in excess of $75,000 but not in excess of $100,000 pe antrum, plus b) 50% of the gross annual receipts in excess of $100,000 but not in excess of $125,000 plus c) 60% of the gross annual receipts in excess of $125,000 per antrum. The Lessee agrees to pay the -minimum annual rental in equal monthly installments in advanc on the first day of each and every month, except that in the event the commencement date is oth than the first day of the month, such monthly installments for the first and last months of the term or any extension or renewal thereof shall be prorated. Any additional- rental due as a result of the application of the -percentage rent hereinabov stated shall be paid to Lessor within thirty (30) days after the close of the annual period, such annual period to commence on the date of commencement of operation and end twelve (12) mon thereafter. Lessee shall be entitled to collect and receive any and all parking revenue includ without limitation, receipts from parking meters, restaurant validations, parking coin machines employee parking fees, if any, and charges paid by monthly packers. 3. Uniformed attendants, trained and disciplined in the performance of their duties and courteous to the public, shall be on duty during the time when scheduled commercial airlines ar in operation. Lessee shall be obligated to control the actions of its employees, to dispense with the services of any employee whose conduct Lessor feels is detrimental to the best interes of the Airport, and to require its employees to be clean and neat in their appearance. 4. The term of this Lease shall be for a period of ten (10)years, commencing with the dat the facility is opened for business by Lessee. 5. Lessee has the right to suspend payment of rent during any period that the airport is operated for use by commercial airliners. In the event of a partial suspension of activities b commercial airlines, rent shall be abated proportionately on a mutually agreeable and negotiate basis. 6. Lessee shall at its own expense and at all times during the term of this Lease and any extension or renewal thereof obtain and secure for its protection public liability insurance in the amount $100,000/$300,000 and property damage insurance in the amount of $25,000. Lessee agrees to keep, save and hold harmless Lessor from any and all claims for injury or damages ari ing out of or in connection with its operation of the parking facilities. Evidence of insuranc and notices of cancellation shall be furnished to Lessor. 7. Lessee agrees to install equipment and provide capital improvements, including paving, lighting and striping, necessary for a complete and ready -to -operate parking facility of approx mately 400 spaces for an amount not to exceed $25,000. Such equipment and improvements shall b- installed or made only with the written approval of the Airport Manager and shall be in accorda with Drawing No. 2-0598,to be attached hereto. Title to any and all equipment and improvements shall vest in Lessor immediately upon installation and completion. If the amount of capital expenditures by Lessee is less than $25,000, Lessee agrees to refund the difference between the actual amount expended by Lessee and $25,000 promptly to Lessor upon receipt and payment of all statements in connection therewith. Lessee shall also furnish a certified statement of such capital expenditures with copies of receipts evidencing payment thereof. 8. Lessee agrees to provide and maintain all parking signs in the. -leased premises, mainta the pavement and striping in the parking facilities and keep the equipment furnished by it in working order. All signs provided by Lessee within the paid public parking area shall be submi to the Airport Manager for his approval prior to installation and the design, size, coloring an location of same shall be subject to the approval of the Airport Manager at all times. Lessee shall keep the leased premises clean and free from all dirt, trash, refuse and other matter and will in general keep the leased premises in a clean and sanitary condition. 9. Lessor shall install at its expense the necessary equipment, such -as conduits, wiring and pipes, to bring electric power to the leased premises to enable Lessee to connect such util outlets to the booth or booths, parking gate and equipment and lighting fixtures to be installe by Lessee. Lessor shall provide at its expense all electrical power necessary for the operatio of parking facilities. 10. Lessor shall designate by proper signs the following public parking areas outside of t premises hereby leased: Airport Limousine spaces, the Rent-A-Car lessees' spaces, employee par ing, taxicab spaces. Lessor shall regulate public parking to the effect that all parking, exce passenger loading and unloading, shall be required to be in the parking area covered by this lease. 11. Parking rates charged shall be.in accordance with the following schedule: First- 20 minutes Free Next hour or fraction thereof 25� Each additional hour 10¢ 1171969 Meter Rate each twenty minutes 10c Lessee will provide parking tickets at its expense and, each vehicle parked on the leased premises shall be ticketed. Special taxes on parking receipts, if any, may be added to the rates above set forth. Such taxes shall not be -considered a part of gross receipts. Any changes in the above rates shall be subject to mutual agreement of Lessor and Lessee. 12.. Lessee agrees to furnish free parking to employees of all tenants, employees of conces- sionaires and employees of the Lessor in actor.dance with a list to be provided by the Airport Manager, provided all such employees are employed within -the terminal building. The Airport Manager has the option to charge a monthly fee to any or all of the employees herein designated. Any fees so charged shall be paid to Lessee and included as part of the gross receipts. 13. Lessee shall furnish service on a fair, reasonable, and non-discriminatory basis to all users of the airport. The Lessee will not on the grounds of race, color or national origin, discriminate in any manner prohibited by Part 15 of the Federal Aviation Regulations. It is understood and agreed that the City shall have the right to take such action as the Federal Government may direct to enforce this covenant. Service shall be prompt, courteous and efficient and shall be adequate to meet the demands for said service on the airport. 14. -Lessee agrees to furnish to Lessor an annual statement of ,gross receipts from operations sworn to before a notary public. 15. Lessor covenants and agrees that during the term of the Lease and any extension or renewal thereof Lessee shall have the peaceful right to use the premises for parking purposes and in accordance with all of the rights and privileges as herein stated. Lessor agrees that there shall be no free parking in -and about the terminal area, except as otherwise permitted by the terms of this Agreement, and Lessor agrees to assist and cooperate in every way possible with Lessee to prevent any free parking in and about the terminal area, including, without limitation, the erection of fencing or barricades for such preventive .purposes. 16. Lessee agrees that a restaurant validation program will be instituted and that the restaurant concessionaire shall validate by payment parking tickets for its customers who have actually.spent a minimum amount to which the Lessee and concessionaire mutually agree. After discussion the proposed -lease agreement for parking at West Texas Air Terminal was taken under advisement. 9-28-86-192 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (37) 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 Contract and Agreement, attached herewith which shall be spread upon -the minutes of the Council and as spread upon -the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in d .. .'doon— �N- A Passed by the City Council this 27th day of February, 1969. W. D. ROGERS, JR., ATTEST: LAVENIA LOWE, City Secrets y-Treasurer APPROVED: Isl Fred 0. Senter, Jr. FRED 0. SENTER,.JR., City Attorney THE STATE OF -TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X r: WHEREAS, it is in the public interest that police officers serving in the Police Department of the City of Lubbock, Texas, receive formal instruction -in college level courses, and WHEREAS, Texas Technological College is an institution of higher learning capable of extend- ing instruction of a high caliber to such officers, -and WHEREAS, such instruction would inure to the benefit of the Police Department and the citi- zenry of Lubbock, as well as to the officers receiving such training and instructions, WITNESSETH: This Contract and Agreement entered into this 27th day of February,.1969, by and between the City of Lubbock, a Home Rule Municipality in Lubbock County, Texas, organized and existing under the Constitution and Laws of the State of Texas, and Texas Technological College at Lubbock, Texas, acting herein through its Board of Directors, as follows: 11 0 I I 1 1. The City of Lubbock hereby agrees to provide the necessary physical plant for the instruc- tion of police officers in college level courses. Such plant shall be composed of space and classroom facilities adequate to maintain such a program and shall be designated within the existing Municipal Building. FEB � 7 i 2. Texas Technological College hereby agrees to provide all instructors necessary to adeq ly maintain such a program. All classes and the course of instruction of each shall b: organized and supervised by Texas Technological College. All supervisors and instruct as well as special lecturers, shall be of high qualification in the'area of study invo 3. Courses of instruction shall be offered each semester until this agreement is terminat- 4. The officers desiring to enroll in these courses of instruction'shall seek admission b; the channels utilized by all prospective students of Texas Technological College. Thi shall be through the Office of Admissions in order to qualify for College Credit -upon complexion of the course. 5. All enrollments of police personnel in the courses.offered through this program shall at standard registration fee rates (unless such person is exempt from such rates as a Texas Veteran under the Hazelwood Act). As presently established those rates are Fift, ($15.00) Dollars for one three (3) hour course and a total. of Twenty -Seven ($27.00) Dollars for two three hour courses. 5a. As. classroom space provided herein above will be within the. Municipal Building, ai as the personnel enrolling only in this program will not be participating in camp, student life or enjoying other attendant benefits, certain normal fees charged up, registration are hereby waived. Those fees which are waived are limited to the Building Use fee, the Student Services fee, and the Student,Union fee. It is expressly agreed that Texas Technological College shall be under no obligation to furnish to the personnel herein enrolled any of the privileges normally associate with the collection of such fees. 5b. As to.those officers and personnel eligible for Veterans benefits, any balance du• after such benefits shall .be paid by the City of Lubbook. As to personnel not so eligible, all registration fees shall be paid in full by the City of Lubbock. 6. Upon successful completion of a total of Thirty (30) hours of college credit in this Police Training Program, and upon request, a certificate authenticating such completio: shall be issued to each officer. 7. All credits and hours earned in this Police Training Program shall be transferable and applicable to a standard college degree and shall count as full credit for each course completed. Signed -this 27th day of February, 1969. CI7 BY: TEx BY: CITY ATTORNEY Fred 0. Senter, Jr. 69-28 �87-193 The -City Council again considered making application for planning assistance grant through LMCO1 (38) under the Omnibus Crime Bill. Chief J. T. Alley appeared before the City Council in support of this grant. Mr. Robert Welch and Mrs. Francis Brown appeared before the -City Council in opposi tion to the City Council making application for this grant. Mr. James G. Marshall and Mr. Joe Phillips appeared before the City Council in connection with.this grant. After consideration o all information presented, motion was made by Councilman Granberry, seconded by Councilman Turn motion carried, Mayor Rogers and Councilxaen.Granberry, Rigsby,. and Turner voting Yea, Councilma Hollingsworth voting Nay, that the following resolution be passed. - RESOLUTION WHEREAS, the State of Texas has embarked upon a program of Statewide Criminal Justice Planning and -has made funds available to Councils of Government for the preparation of regional plans, and WHEREAS, the Lubbock Metropolitan Council of Governments has agreed to prepare such a regional plan, and - WHEREAS, the Lubbock Metropolitan Council of Governments has asked the City of Lubbock to approve the selection of any planning consultants; to appoint its representatives to any adviso or steering committees set up to guide the planning efforts, with the completed plan submitted the City of Lubbock for its approval; NOW THEREFORE: BE IT RESOLVED BY THE CITY -COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT the City of Lubbock hereby concurs that the proposed planning program of the:Lubbock Metropolitan -Council of Governments and the application for a planning grant will meet the City's requirements in the field of Criminal Justice Planning. Section 2. THAT the Mayor of the City of Lubbock be and is hereby authorized and directed appoint representatives to the advisory committee on Criminal Justice Planning, with staff assi tance .to be provided by the City of Lubbock at the expense of the Lubbock Metropolitan Council Governments if and when requested. Passed by the City Council this 27th day of February, 1 h, 171969 ATTEST~ f LAVENIA LOWE, Cit Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter,, Jr. F'•RED 0. SENTER, JR., City Attorney 59-28-88-194 Bids as follows were received for fertilizer for the Parks and Reereation Department, Electric (40) Department, Cemetery, and Water Department, being Bid No. 645. 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, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of E1 Paso Turf Supply for purchase of Item 1. Accept the bid of Bill's Farm and Ranch Supply for purchase of Items 2 and 3. 59-28-88-195 Bids as follows were received for purchase of fertilizer for the Golf Department, being Bid No. (40a) 646. 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, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Williamson Seed Company for purchase of Items 1 and 3. Accept the bid of E1 Paso Turf Supply for purchase of Item 2. Accept the bid of Southwest Fertilizer &'Chemical Company for purchase of Item 4. 69-28-88-196 Bids as follows were received for purchase of six packer type bodies for the Sanitation Department, (41.) being Bid No.'657. 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 Hobbs Trailer Company for purchase of six packer type bodies. 0 69-28-88-197 Bids as follows were received for purchase of ready -mix concrete for a period of one year, being (42) Bid No. 666. Bid Tabulation set in Bid Book. The City Council considered the bids of Cement Supply Company and Lubbock Building Products Company, it being found they were tie bids. Councilman Granberry.drew lots; whereupon, 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 Cement and Supply Company for purchase of ready -mix concrete. 69-28-88-198 Bids as follows were received for miscellaneous electric items, being Bid No. 647. (43-) 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 bids as follows: Accept the bid of Temple, Incorp. for purchase of Item 2. Accept the bid of C. B. Anderson Company for purchase of Item 3. Accept the bid of Westinghouse Electric Supply -Company for purchase of Items 4 and 7. Accept the bid of Fields and Company for purchase of Items 8 and 9. Accept the bid of Nelson Electric Supply Company for purchase of Items 5 and 6. 9-28-88-199 Bids as follows were received for various sizes of steel pipe for fabricating street light poles, (44) being Bid No. 650. 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 Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of M. B. McKee Company for purchase of steel pipe. 69-28-88-200 Bids as follows were received for purchase of two transformers 1000 KVA and two network protectors, (45) being -Bid No. 644. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor'Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accent the bid of Transformer Reuair Service for purchase of Item 1. 1.1 FEB 2 1 r r 1 r 69-28-88A-205 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (47) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5620 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5620 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capi Fund The sum $5,000.00 For the following purpose: Testing for future expansion of Sandhills Well Field, Bailey County 8 27 1968 I I FEB 2 7 It being found that the bids for Item 3 were tie bids, lots were drawn by Councilman Rigsby; whereupon, the bid of Temple, Inc. was accepted. 69-28-89-201 Bids as follows were received for purchase of watthour meters and current transformers, being (46) Bid No. 630. Bid Tabulation set in Bid Book. After consideration of all bids received, it was found that all bids were the same. Lots were drawn, whereupon, 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 authorize acceptance of the bids as follows: Accept the bid of Abbott's Meter Laboratory for purchase of Items 1, 3, 4, and 25-29. Accept the bid of Westinghouse Electric Supply Company for purchase of Items 2, 7, 17, 24. Accept the bid of Nelson Electric Supply Company for purchase.of Items 5, 11, 12, 13, 23. Accept the bid of Temple, Inc., for purchase of Items 8, 16, and 31. 19, 20, ai 15, 18, any Accept the bid of General Electric Supply Company for purchase of Items 6, 9, 10, 14, and 30. 69-28-89-202 Motion by Councilman Rigsby, -seconded by Councilman Turner, motion carried, Mayor Rogers and (25) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to grant the request of the developers of Melonie Park Addition, being Jack Kastman, et al, for the City to participate in the cost of a 16 inch water main from 68th Drive to Peoria Avenue. The City's cost to be in the amount.of.$10,127.68 and the developer'p cost $3,465.79. 69-28-89-203 Motion by Councilman -Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (29) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5619 be passed on first reading. ORDINANCE NO. 5619 AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, SUCCESSORS AND LESSEES, THE PERMISSIVE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDD CONSTRUCTING, AND MAINTAINING LEAD OR SPUR TRACKS AS THE CASE MAY BE, AT CERTAIN HEREINAFTER DESCRIBED LOCATIONS -IN, UPON -AND ACROSS ELM AVENUE AND EAST 56TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND OF OPERATING ENGINES, CARS AND TRAINS THEREON, PROVIDING FOR CERTAIN COVENANTS, LIMITATIONS, OR RESTRICTIONS IN THIS GRANT AND PROVIDING FOR THE EFFECTIVE DATE. 69-28-89-204 Honorable Mayor (35) City Councilmen City of Lubbock Lubbock, Texas Gentlemen: March 3, 1969 I hereby request permission to erect a fence on property within the building line at the Tahoka Traffic Circle established by Ordinance No. 3087. The property on which I request permission to erect a fence is Lot 1, Circle View Addition No. 2 City of Lubbock, Lubbock County, Texas. The fence will enclose a rectangular tract of ground approximately 30' x 20' on the southern portion of such lot. I hereby agree that such fence, if permitted, will be temporary and not a permanent fixture and will be removed by me when requested by the City. I agree the fence will not be considered by me or anyone owning or occupying this land under me, as enhancing the value of such land at the time it is taken for street improvement purposes. Agreed this 4th day of March, 1969. 11 /s/ Jas. V. Kirkland J. V. KIRKLAND 3513 36th Street Lubbock, Texas The City Council considered the request of J. V. Kirkland to erect a fence on property within the building line at the Tahoka Traffic Circle, being Lot 1, Circle View Addition No. 2. The fence will enclose a rectangular tract of ground approximately 30' x 20' on the southern portion of such lot. Motion was then made by Councilman Turner, seconded by Councilman Rigsby, motion carr Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to grant Mr. Kirkland's request under the terms as set out in the above letter. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, T CITY COUNCIL AfJOIRNED FROM REGULAR MEETING, FEBRUARY 27, 1969. r•--1 ATT T: VENIA LOWE, Cit4j Secretary -Treasurer READ AND APPROVED THIS THE 13TH DAY OF MARCH, ATTEST: LAVEN LOWE, City Sec etary-Treasurer